Website Terms Of Use & End User Licence Agreement

1 About us
These Terms and Conditions (“Terms”) explain the terms on which you may use the website http://atcen.com/reallyenglish/ (“Website”), and what happens to any personal data you provide or we collect when you use the Website. By using our Website, you accept these Terms of use and agree to comply with them. If you do not agree to these Terms, you must not use our Website.
2 Users of the Reallyenglish language learning platform
If you are an end user of our language learning platform (“Platform”), then your use of the Platform will be governed by our End User Licence Agreement.
3 Terms on which we make the site available
Our Website is made available free of charge, but is subject to the Terms set out on this page, including the following:

  • use of our Website and acceptance of these Terms does not entitle you to use the Platform;
  • we do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of our Website and any content on it without notice;
  • you are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and that they comply with them;
  • the content on our Website is provided for general information only and is not intended to be an offer to contract or to be relied on;
  • although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date;
  • we do not guarantee that our Website will be secure or free from bugs or viruses;
  • you are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
4 Intellectual property
We are the owner or the licensee of all intellectual property rights in our Website, and in the content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so.
5 Links to other sites
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
6 Our liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud.To the extent permitted by law, we exclude: all implied conditions, warranties, representations or other terms that may apply to our Website; all liability for loss or damage which is indirect or not foreseeable; and any loss relating to damage or corruption of data or computer equipment.
7 Your personal information

What data we collect and why:

When you visit our Website, or correspond or do business with us, we may collect information relating to you. The type of personal data we hold about individuals typically consists of basic personal details and contact information. Information about Website visitors will not identify a particular user. Typically, we collect IP addresses, browser or device details and details of someone’s connection type or screen resolution. This information is used to optimise and configure the Website and keep track of visitor statistics.

We typically use this information because it is in our legitimate interests to do so. These interests include the operation of our business and promoting its success, and enabling us to fulfil contracts and exercise our legal rights. We may also use information on the basis of an individual’s consent, but when we ask for consent we will make clear what the consent relates to. Where we process personal data on the basis of someone’s consent, they are free to refuse to give that consent or can revoke it at any time.

When we share personal data:

Personal data you provide to us will be kept private and confidential, and we will not disclose or share it with other data controllers without your permission or as set out in this policy.

We will disclose data when legally required to do so. For example, to comply with an order from a court or regulator (including the Information Commissioner’s Office). We also share personal data with some of the third parties who provide services to us. This includes software providers and IT support services. However, these third parties will only process personal data (which may include your information) on our behalf for specified purposes and in accordance with our strict instructions and a contract which ensures the data will be protected in accordance with data protection law.

How long we store personal data for:

We only retain personal data for as long as is necessary for the specific purpose(s) it was collected for (or for related compatible purposes such as complying with applicable legal, accounting, or record-keeping requirements). To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from its unauthorised use or disclosure, the purposes for which we process your personal data, whether we can achieve those purposes through other means, and the applicable legal requirements.

How we keep personal data safe:

We have in place security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, damaged or destroyed, altered or disclosed. This includes physical security measures (such as keeping paper files in secure, access-controlled premises) and electronic security technology (such as digital back-ups and anti-virus protection).

We limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to legal and contractual confidentiality obligations.

International transfers:

We normally only store personal data within the European Economic Area (EEA). However, some of the technology and support services we use are provided by international organisations and/or companies which are based outside the EEA. Before using such service providers, we take steps to make sure that any personal data they process is adequately protected and transferred in accordance with data protection law, usually by one or more of the following methods:

  • ensuring the recipient is in a country which the European Commission has deemed provides adequate protection for personal data;
  • implementing appropriate safeguards such as requiring the recipient to enter into Standard Contractual Clauses approved by the European Commission; or
  • (if the recipient is based in the USA) transferring personal data to recipients who are certified under the EU-US Privacy Shield scheme.
  • If you would like more detailed information on the measures and safeguards which we implement for such data transfers, then please contact us using the details set out in section 8 below.

Your rights as a data subject:

You have legal rights in relation to the personal data we hold about you. These are as follows:

  • The right to access your personal data and receive a copy of it.
  • The right to request correction or completion of personal data.
  • The right to request erasure of your personal data (though this may not apply where we have a good, lawful reason to continue using the information in question).
  • The right to object to processing of your personal data for legitimate interests purposes or for direct marketing.
  • The right to restrict how your personal data is used. You can limit how we use your information (primarily to storage or for use in legal claims).
  • The right to have a portable copy your personal data or to transfer it to another controller (where technically feasible).
  • If we are relying on consent to process your personal data you have the right to withdraw that consent at any time. Note this only applies to automated information we process on the basis of your consent or in order to perform a contract.
  • You have the right to complain to the Information Commissioner’s Office if you are not satisfied with our response to a data protection request or if you think your personal data has been mishandled.
8 How to contact us
The Website is owned and operated by ATCEN, a Distributor of Reallyenglish.For the purposes of applicable data protection and privacy laws, ATCEN is a controller of your personal data. This means that it is responsible for deciding how and why personal data is used, for keeping it safe and for responding to data subject requests. If you have questions about these Terms or your personal data, please contact us by writing to the office address above or by emailing [email protected]
9 Updates to these terms
We will update this policy from time to time.
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About this EULA
This End User Licence Agreement (“EULA”) sets out the terms on which the service provider named below (the “Provider” or “we”, “us” or “our”) agrees to let you, the end user, access and use its online language learning platform (“Platform”). Details of the Provider are set out in the ‘Contact Us’ section towards the end of this EULA.References to ‘Platform’ include the mobile, desktop and any other versions of the Platform which the Provider makes available and any related and incorporated services, materials and documentation.

The use of the Platform by minors requires the consent of a parent or guardian. We advise parents who permit their children to use the Platform to communicate with their children about their safety online. Minors who are using the Platform should be made aware of the potential risks to them and of their obligation to comply with the terms of this EULA (particularly in relation to Acceptable Use and User Generated Content) when using the Platform.

11 Privacy
How we will communicate with you. If we have to contact you we will do so by email, telephone or post using the contact details you have provided. Anonymous usage information: We may use statistical data arising out of your use of the Platform for our internal purposes including: research purposes; recommending products to users; improving the Platform and monitoring users. This data will be anonymous statistical data, which may be combined with data generated by other users, and will not identify you or anyone else.
12 Appstore Terms
If you access the Platform via an app downloaded from an app store, then you may be subject to additional policies and contract terms imposed by the app store’s operator (“Appstore”). These will either be:

If you download the Platform from an Appstore, please note the following additional terms will apply:

  • This EULA is between you and us, and the Appstore is not a party to it. The terms in this EULA will not apply to the extent they are inconsistent with any of the Appstore terms.
  • The Appstore has no responsibility in relation to the maintenance or support of the Platform and does not offer any warranty and will not address or be responsible for any claims (including product liability, regulatory infringement, consumer protection or intellectual property claims) relating to the Platform.
  • You represent and warrant that: (i) you are not located in a country which is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • The Appstore is a third-party beneficiary of this EULA and, upon acceptance, the Appstore will have the right to enforce this EULA against you as a third-party beneficiary.
13 Technical Issues
If you want to learn more about the Platform or have any problems using it please contact us (including with complaints). If you think the Platform is faulty or mis-described or wish to contact us for any other reason please email our customer service team at [email protected]
14 Your Use Of The Platform
In return for your agreeing to comply with this EULA, and using your best efforts to improve your language skills, you may:

  • access the Platform, and make use of the material we provide, for the purpose of learning a language and improving your language skills;
  • view, download and print material we make available to you for the purpose set out above;
  • use any documentation we provide to support your permitted use of the Platform for the purpose described above; and
  • receive and use any free supplementary software code or update of the Platform incorporating patches and corrections of errors as we may provide to you.
15 Acceptable Use
You must only use the Platform for the purpose of learning a language and improving your language skills, and must do so in an honest manner which respects the Platform and the content on it.You must not do any of the following:

  • use the Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data;
  • infringe our intellectual property rights or those of any third party (including by the use of the Platform or our intellectual property rights in a manner not expressly permitted by this EULA);
  • transmit any material that is defamatory, offensive or otherwise objectionable;
  • use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
  • not improperly collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers running the Platform.
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Licence Restrictions

You shall not:

  • rent, lease, sub-license, loan, provide, transfer or otherwise make available, the Platform (or any of your rights under this EULA) in any form, in whole or in part to any person without prior written consent from us;
  • copy the Platform or any part of it, except as part of the normal use of the Platform or where it is necessary for the purpose of back-up or operational security;
  • translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform nor permit the whole or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform on devices as permitted in this EULA; or
  • disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things, except to the extent that such actions cannot be prohibited by law because they are necessary to decompile the Platform to obtain the information necessary to create an independent program that can be operated with the Platform or with another program and provided that the information obtained by you during such activities is used for the purpose of interoperability and: (i) is not disclosed or communicated without our written consent; (ii) is not used to create any software which is substantially similar to the Platform (or any aspect of it); and (iii) is kept secure.

You must also comply with any third-party terms which apply when you use the Platform (for example, terms imposed by the institution which has purchased a licence for you to access the Platform, or the terms relating to the device or network connection you use to access the Platform).

17 Updates To The Platform
From time to time we may automatically update the Platform to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Platform for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform.
18 Intellectual Property Rights
All intellectual property rights in the Platform throughout the world belong to us (or our licensors) and the rights in the Platform are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform other than the right to use it in accordance with this EULA. The only exception to this is in respect of user generated content which you upload in accordance with this EULA. By uploading any such user generated content, you provide us with a non-exclusive perpetual, irrevocable, worldwide, royalty-free, transferrable, sub-licensable licence to use such content as we see fit in connection with the Platform and our business.
19 User Generated Content
User generated content means any information, materials or documents you provide or upload or post online during the course of using the Platform. We are not the author of such content and do not moderate or verify it. Accordingly, we shall not be liable for such content and any liability (including liability for copyright infringement or defamation) shall rest solely with the user responsible for generating such content.You undertake not to use the Platform to upload or post:

  • advertising or promotional materials or transmit any junk mail or spam or any other form of solicitation for goods or services;
  • any material that you do not have the right to post under any law or under any other obligatory relationship;
  • any material that infringes any intellectual property right including without limitation patent, trademark, trade secret, copyright, or other proprietary rights of any other person;
  • any material that is defamatory, libelous, unlawful, threatening or harmful, abusive, harassing, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • material which promotes or provides instructional information about illegal activities, physical harm or injury against any group or individual; or
  • material related to engaging in any commercial activities.

Indemnity: by uploading or posting any material using the Platform, you agree to indemnify and hold harmless the Provider against any claim, expense, loss or damage or other liability which arises out of or in connection with a breach of the above undertakings relating to user generated content.

Notification: if you become aware of any content which may have been posted or uploaded (either by you or any other person) in breach of the user generated content provisions of this EULA then you must notify us immediately by emailing [email protected] with details of the content in question. We will investigate the content and, if appropriate, remove it in accordance with this EULA.

Removal: where we have reasonable grounds to believe any user generated content infringes copyright, is defamatory, obscene, unlawful, objectionable or otherwise does not satisfy the provisions of this EULA, we shall promptly remove, or disable access to, such content and shall take such other actions as we in our discretion determine appropriate.

20

Our Liability
We are responsible to you for foreseeable loss and damage caused by us (unless such loss is not expressly excluded by this EULA). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted this EULA, both we and you knew it might happen. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We exclude all liability to the fullest extent permitted by law, in respect of any loss or damage resulting or arising from any non-availability of the Platform.We are not liable for business losses.

The Platform is for personal use by end users only. If you use the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.The Platform is provided for general information and educational purposes only. It does not offer advice on which you should rely. Although we make reasonable efforts to update the information provided by the Platform, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

The Platform is made available strictly on the basis that you accept it on an ‘as is’ and ‘as available’ basis. Where you rely on the Platform, you do so entirely at your own risk and you accept that all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of this website are excluded to the fullest extent permitted by law. We are not responsible for events outside our control.

21 Termination
We may suspend or terminate your right to use the Platform without notice in the event your breach this EULA. If we end your rights to use the Platform:

  • you must stop all activities authorised by this EULA, including your use of the Platform;
  • you must delete or remove the Platform from all devices in your possession and immediately destroy all copies of the Platform which you have and confirm to us that you have done this; and
  • we will cease providing you with access to the Platform.
22

Other Websites
The Platform may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Transferring rights: We may transfer our rights and obligations under this EULA to another organisation. We will always tell you in writing (which may include by email or by posting a notification on the Platform) if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under this EULA to another person if we agree in writing. This EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this EULA.

Separate terms: Each of the paragraphs in this EULA operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Delay: Even if we delay in enforcing this EULA we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Governing law: This EULA is governed by English law and the English courts will have exclusive jurisdiction in relation to any action or claim arising out of it.

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Contact Us
If you have a question or complaint about the Platform or this EULA please contact us by emailing [email protected] or write to us at our registered office address: D-5-12, Ritze Perdana Business Centre, Jalan PJU 8/2, Damansara Perdana, 47820 Petaling Jaya, Selangor Darul Ehsan, Malaysia.

If you are contacting us with a complaint, then please include the following information:

  • your name and email address;
  • details of the complaint (e.g. copyright infringement, improper content, defamatory content); and
  • a hyperlink and reference number (where applicable) to the content in question.

We will review complaints promptly and will inform you of the outcome of our review within a reasonable time of receiving your complaint.

24 Changes To This EULA
We may need to change this EULA from time to time, for example due to changes to the way the Platform operates or due to changes in the law. If a change is required we will give you at least 30 days’ notice wherever possible (which may include by email or by posting a notification on the Platform). If you do not accept the notified changes you will not be permitted to continue to use the Platform.