General Terms and Conditions

 

     1. Introduction

MobiTeach online learning system (“MobiTeach”) is operated by Mobiteach LLC, (“MobiTeach”) with headquarters at 5A, Tbel-Abuseridze Street, apt 61, block A, Batumi, Georgia 6004. This online system is using the internet domain www.mobiteach.ltd, and can be used to learn languages. MobiTeach is available through mobile applications on Android and iOS devices.

By downloading and starting to use any MobiTeach’s apps, you (the “User”) agree to these general terms and conditions of business (“T&C”) and enter into a valid contract with MobiTeach. Please read these T&C carefully, as they make up the legal framework applying to the use of MobiTeach.

To date, MobiTeach offers free content and features. The content is professionally produced.

     2. Scope, Definitions

The T&C apply to all non-commercial Users of MobiTeach. Any deviating or supplementary provisions agreed upon the conclusion of the contract shall only apply if agreed between the parties and drawn up in writing. The T&C applies both to free services and services against payment provided by MobiTeach.

     3. Registration and Conclusion of the Contract

We don’t provide the services of the individual accounts registration at the moment, so we do not require registration data.

     4. Paid Use of MobiTeach

The basic version of the Services, which includes basic learning courses and content, can be used completely free of charge.We have a range of payment options in case you decide to advance your learning experience. You can opt for our monthly subscription, or purchase a lifetime membership to access advanced learning courses and content. Our fees for subscriptions and lifetime access are available to view within the app. We reserve the right to update our Fees as our Fees are subject to different subscription plans, gift plans, promotions, etc.

If you select Monthly Subscription your subscription will be automatically renewed at the end of each monthly period, being one month (or as near to the date as possible) from the date on which your Monthly Subscription was activated. 

Lifetime Membership will be charged as a one-off upfront payment without any renewals. Lifetime Pro subscription constitutes 100 years or until the date MobiTeach ceases to commercially offer the Services.

In case we change the Fees, this will not affect your existing subscription, therefore, if you have signed up for a subscription at a certain Fee, any Fee changes will not affect any current subscription or any Renewals.

     5. Content and Accessibility of the Language Portal and Liability

5.1 MobiTeach uses the technologies currently and commonly used in the field to provide its service. In order to be able to make full use of the services offered by MobiTeach, the User must likewise use these technologies (e.g. up-to-date operating systems, Google services) or enable their use on user’s mobile devices. If user devices offer older or not commonly used technologies, the User might only be able to make limited use of the services provided by MobiTeach.

5.2 Any 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 MobiTeach, 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.

5.3 In the event of the infringement of essential contractual obligations, MobiTeach 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.

     6. Copyrights, Trademark Rights, Property Rights and Rights to the Use of Names

Unless the content is expressly labeled as creative commons, all texts, images, and other works created by MobiTeach and distributed within the context of the language apps are protected by copyright and any use outside of the language portal requires MobiTeach’s prior approval.

6.1 For providing its service, MobiTeach uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by MobiTeach, 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 JavaScript, 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 MobiTeach. The User is solely liable for any loss or damage incurred by the User, MobiTeach, or any third party caused by the User’s failure to use up-to-date technologies when accessing MobiTeach.

6.2   The content on MobiTeach (excluding User Generated Content as defined below) and the trademarks, service marks, and logos on MobiTeach are owned or licensed to MobiTeach, subject to copyright and other intellectual property rights under the law.

6.3 The User agrees (a) not to modify any part of MobiTeach, except with the express and prior written consent of MobiTeach; (b) not to collect or make any use of any product listings, descriptions or prices; not to resell or make any commercial use of MobiTeach or its contents; not to reproduce, duplicate, copy, sell, resell or otherwise exploit MobiTeach for any commercial purpose without express written consent of MobiTeach; not to use any meta tags or any other “hidden tag” utilizing the MobiTeach name or any MobiTeach trademarks without the express written consent of MobiTeach.

6.4 The User agrees not to circumvent, disable or otherwise interfere with security-related features of MobiTeach or any associated websites and/or tablet and/or mobile applications or features that prevent or restrict use or copying of any content or enforce limitations on MobiTeach’s use.

6.5 The User agrees not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses MobiTeach in a manner that sends more request messages to the MobiTeach and/or MobiTeach servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MobiTeach grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MobiTeach reserves the right to revoke these exceptions either generally or in specific cases. The User agrees not to collect or harvest any personally identifiable information, including account names, from MobiTeach, nor to use the communication systems provided by MobiTeach (e.g., comments, email) for any commercial solicitation purposes. The User agrees not to solicit, for commercial purposes, any MobiTeach Users with respect to their content. In all use of MobiTeach and all associated services, website and mobile and/or tablet applications, the User agrees to comply with all applicable laws and regulations.

     7 . T&C and any contradictory provisions elsewhere

7.1 Agreements between MobiTeach and the User shall be subject to the laws of Georgia.

7.2 Should individual points of these T&C be legally invalid, the remaining portions hereof shall be unaffected and remain binding.

7.3 MobiTeach reserves the right to modify these T&C at any time and without indicating the reason for such modification, as far as those modifications are based upon changes in the services provided by MobiTeach, changes of MobiTeach or upon legal changes or changes due to technical requirements. This includes MobiTeach offering new services.

     8. Copyrights, Trademark Rights, Property Rights, and Rights to the Use of Names 

The following additional provisions shall apply:

If the User is a copyright owner or an agent thereof and believes that some content on MobiTeach infringes upon the User’s copyrights, the User may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing MobiTeach’s Copyright the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit MobiTeach to contact the User, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that the User has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MobiTeach‘s designated Copyright Agent to receive notifications of claimed infringement is mentioned in the imprint. 

For clarity, only DMCA notices should go to the Copyright Agent by sending an email to andrii_chervanov@mobiteach.ltd; any other feedback, comments, requests for technical support, and other communications should be directed to MobiTeach customer service at support@mobiteach.ltd