Welcome to Babbel! Babbel is an online learning system (hereinafter referred to as "Babbel") operated by Lesson Nine GmbH, (hereinafter referred to as “Lesson Nine”) under the internet domain www.babbel.com which you can use to improve your knowledge of languages in an easy and efficient manner. Babbel is available over your internet browser, but also through mobile applications and PC software.
With your registration with Babbel you (hereinafter referred to as "user") agree to these general terms and conditions of business (hereinafter referred to as "T&C"). By completing the registration you enter into a valid contract with Lesson Nine GmbH, Germania (hereinafter referred to as "Lesson Nine"). Please read these T&C carefully, as they make up the legal framework applying to the use of Babbel.
Babbel offers some free contents and features, but it is not completely cost-free. The content is professionally produced and ad-free. To allow for a high standard of technology and learning material, fees are necessary. However they are not charged without explicit warning to the user. The user will not be charged for limited, trial use, nor through registration. Babbel exclusively addresses private individuals or final consumers, so that only they may be registered.
Please take a look at the details on data protection.
The T&C apply to all non-commercial users of Babbel. Any deviating or supplementary provisions agreed upon the conclusion of the contract shall only apply if drawn up in writing. The T&C apply both to free services and services against payment provided by Babbel.
Registration and Conclusion of the Contract
- Each user may only register once. The user is obligated to provide complete and truthful information in the sections provided on the registration form. The user agrees to the publication of its user name, its profile information including but not limited to language combinations, Babble-Score, online status and date of registration as well as additional information voluntarily provided, including the profile image. The email address will not be published.
- The contract between the user and Lesson Nine regarding the use of Babbel is concluded when the user completes and sends the registration form by clicking the respective order button. Beforehand the T&C should be accepted.
- After registration, Lesson Nine will send the user an automatic confirmation by email. The email contains a hyperlink via which the user can verify that the email address stated is correct. The user undertakes to provide that verification. If verification is not provided, then Lesson Nine may restrict or prevent access to Babbel at any time.
- If prices are quoted at Babbel, they are including the valid statutory turnover tax.
Free Use of the Basic Functions of Babbel (Basic Contract)
- Application and registration are free of charge to the user. The use of indicated trial functions at Babbel is free.
- The contract for using the basic functions (basic contract) of Babbel is concluded for an unlimited period and may be terminated without notice by either party to it at any time. To terminate the contract, the user has to remove registration data at the "Profile/settings" menu item by clicking on the "Delete user account" button. After that, the user is sent an email with a link which it must click on to effect cancellation of its registration.
- The user account will be deleted upon termination of the basic contract. After termination of the agreement, the user cannot claim the release or return of contents that it has posted.
- Fees will be charged for full access to content and functions such as language courses if this is indicated and the user orders or books them.
Services and Products Subject to Fees (Premium Contracts)
Lesson Nine offers services and products for a charge at Babbel ("premium services").
Billing types, Cancellation, Renewal
- Premium products are available according to current offers as subscription or one-off purchases. Billing type, prices and term are defined in each offer and are summarized prior to the end of the order process. The contract for ordering Premium products becomes binding by pressing the “Purchase” button.
- Premium contracts with subscriptions are concluded for time specified in the individual order. The remuneration or the invoice amount for the entire term is payable on conclusion of the contract. After each term, the contract renews itself automatically according to the term agreed upon (e.g., 3, 6 or 12 months), unless the user cancels the service before the term runs out. The full invoice amount of each renewal term will be charged on the first day of the renewal. All contracts can be cancelled before the respective term runs out.
- Premium contracts with "one-off purchase" can be signalled limited or unlimited. As long as they are indicated to be limited, these are for a given period and terminate without needing to be cancelled.
- Premium contracts are terminated by email to email@example.com. Termination will be confirmed in an email sent by Lesson Nine. If the user terminates its basic contract as described in 4.2 above, then the user's premium contracts are terminated upon the termination of the basic contract becoming effective. The user is not entitled to any refund of usage fees.
- The right to cancellation in extraordinary circumstances remains intact.
- Lesson Nine has the right to cancel Premium products at any time without giving reasons with effect to the end of the respective term. Basic functions may be terminated at any time.
"Money-back Guarantee" for Premium Services
- The user is entitled to terminate a premium contract at any time with immediate effect. If the user terminates a premium contract within the first 20 days after concluding the contract, the usage fee paid will be repaid completely. This does not apply for renwals of Premium Services.
- The “Money-back Guarantee” applies in addition to the mandatory cancellation right in accordance with Section 9.
- Usage fees for premium services are payable in advance.
- The user may effect payment by using one of the payment methods specified such as credit card or electronic direct debit etc. P.
- When the user achieves access using a voucher code or a course pass, they wille have access to premium service for a limited time. There therefore is no further charge and no corresponding bill. The length of this time depends upon what is specified by the code or pass.
- Billing takes place digitally, a paper billing will not occur. The invoices will be accessible on the website and can be found at http://it.babbel.com/go/account and can be viewed at any time.
User's (Consumer's) Right of Cancellation
You may cancel the contract within 14 days without giving reasons in text form (e.g. letter, fax, email). The cancellation period begins with the receipt of this information in text form, but not prior to the conclusion of the contract and not prior to us providing the mandatory information according to Art. 246 § 2 in connection with § 1 subparagraph 1 and 2 EGBGB (introductory act to the German civil code) as well as according to § 312g subparagraph 1 sentence 1 BGB (German Civil Code) in connection with Article 246 § 3 EGBGB. In order to observe the cancellation period it is sufficient to send the cancellation during the cancellation period. The cancellation shall be send to:
Lesson Nine GmbH, Bergmannstr. 5, 10961 Berlin, Germania
Consequences of Cancellation
In case of a valid cancellation the benefits exchanged between the parties have to be returned and possible utilisations (including interests) are to be handed over. If you are unable to return the benefits and utilisations (e.g. any benefits of use) or if you can only return those in part or only in a degraded state, you will have to indemnify us. This may result in you having to pay the contractual payment for the period until your cancellation. Obligations to return any payments are to be fulfilled within 30 days. The period begins for you with sending the cancellation and for us with its receipt.
Your cancellation right ends earlier, when the contract has been fulfilled completely at your express request, prior to you exercising your cancellation right. End of the cancellation information according to Annex 1 of Article 246 “Money-back Guarantee” applies in addition to the mandatory cancellation right without any further requirement.
Content and Accessibility of the Language Portal and Liability
- Lesson Nine strives to ensure that the language portal functions properly at all times. However, Lesson Nine does not guarantee uninterrupted access.
- For providing its service, Lesson Nine uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by Lesson Nine, the user must likewise use these technologies (e.g. up-to-date browser technologies, Adobe Flash) or enable their use on its computer (e.g. activate Java Script, enable cookies and pop-ups). If older or not commonly used technologies are used, the user might only be able to make limited use of the services provided by Lesson Nine.
- Claims for damage on the part of the user are excluded unless stated otherwise below. The exclusion does not extend to damage claims asserted by the user arising from death or injury to body or health or infringement of essential contractual obligations (cardinal obligations) as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of Lesson Nine, its legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the contract. A "cardinal obligation" or "essential contractual obligations" are obligations the discharge of which enables the contract to be properly performed in the first place and the contracting party usually relies on and may rely on.
- In the event of infringement of essential contractual obligations, Lesson Nine shall only be liable for contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by the user arising from death or injury to body or health.
- The restrictions as set forth under paragraphs 3 and 4 shall also apply to the benefit of Lesson Nine's legal representatives and vicarious agents if claims are asserted against them directly.
Copyrights, Trademark Rights, Property Rights and Rights to the Use of Names
Unless content is expressly labelled as creative commons all texts, images and other works created by Lesson Nine and distributed within the context of the language portal are protected by copyright and any use outside of the language portal requires Lesson Nine’s prior approval.
User Generated Content
- Through the interactive use of Babbel, Lesson Nine offers each user the opportunity to transfer self-generated contents (such as images, translations or texts) to Lesson Nine and to post them at Babbel so that they may be accessible to the public.
- The user hereby grants Lesson Nine a perpetual, worldwide, non-exclusive, free and transferable right to make such content available to the public and to modify it in and to all content, like vocabulary listings, manuals, advises transferred to and published on Babble.
- Lesson Nine may at anytime remove or delete any content published by the user in its own discretion.
- Being of age and proper registration via a user account is a prerequisite for posting contents. All contents transferred and, if applicable, posted by users can be traced back to the self-chosen user name.
- The user accepts that the opportunity to post contents is only granted for personal, non-commercial use. Therefore, the user is not entitled to post such content with which it intends to pursue commercial interests, in particular advertising.
- The user itself shall ensure that its registration information cannot be misused by third parties. In this context the user is particularly obligated to block all third-party access to its registration information. At the consequence of being held personally liable, the user is also responsible for ensuring that the contents it has posted at Lesson Nine are free from viruses, worms, Trojans or other programs that could jeopardise or impair the operability or the existence of the language portal or the websites of other users.
- The user warrants that the content transferred by the user does not infringe on any third party’s intellectual property rights and that the content can be used in accordance with Section 12.2. This includes any moral rights of any people pictured, mentioned or else referred to in the content.
- Lesson Nine reserves the right to exclude the user from its offer or to limit the users option to publish content if this agreement is breached. Furthermore, the user warrants and represents and shall ensure at the consequence of being held personally liable that the contents posted by it violate neither pertinent statutory or administrative regulations nor - in addition - are harmful to young persons, are pornographic, racist or insulting or in any other similar manner violate morals.
- The rights granted to Lesson Nine by the user and the preceding warranties and releases shall not expire upon termination of the user relationship.
- Agreements between Lesson Nine and the user shall be subject to the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
- The Parties agree to exclude those provisions of the German international civil law, that may cause the exclusive application of any other jurisdiction.
- Should individual points of these T&C be legally invalid, the remaining portions hereof shall be unaffected and remain binding.
- Lesson Nine reserves the right to modify these T&C at any time and without indicating the reason for such modification, as far as those modifictations are based upon changes in the services provided by Lesson Nine, changes of Babbel or upon legal changes or changes due to technical requirements. This includes Lesson Nine offering new services. The modified T&C shall be sent to the user in advance by email. If the user does not object to the modified T&C within a period of six weeks, they are deemed to be accepted. If the user objects, Lesson Nine may close the user’s account and receive a refund for any the rest of the respective term. Lesson Nine shall separately point out these legal consequences in the email with the modified T&C.
Lesson Nine GmbH, Bergmannstr. 5, 10961 Berlin, Germania