Put your hand on your heart and admit that you too have experienced that overwhelming feeling that comes with having to speak in a foreign language. Millions of people all over the world struggle to learn their chosen foreign language, with more or less success. What is the reason behind this? The fear of making a mistake or being wrong, and the stigma attached to it, which in fact is generated by you yourself and the companies and education systems that build on this fear. The mission of Xeropan© is to help those who want to acquire the English language reach their goal through experiencing the joy of playing.
The technical information necessary for the use of Xeropan© not contained herein, is available on the Website or is offered by other informative notices within the application.
2. Parties, name of service
The User declares that by using Xeropan© or any of its elements (particularly, but not exclusively through visiting, browsing, downloading and using the Xeropan© mobile application), he has read, understood and expressly accepted the provisions of this Agreement. The User acknowledges that without the acceptance of the Agreement, the User is not entitled to the use of Xeropan©. The acceptance of the Agreement is made on the Website or in the application by ticking the dedicated checkbox.
Contracts concluded by electronic means constitute written contracts, which shall be filed by the Service Provider so that they can be subsequently accessed and viewed.
The Service Provider shall not conform to the provisions of any code of conduct.
The Service Provider reserves the right to make changes, at its sole discretion, to the entire or parts of the Agreement, to add or remove provisions. In this case, by continuing the use of Xeropan© or any of its elements, the User shall expressly accept these modifications starting from their entry into force (starting from the date written after the title “Reviewed:”). In order to be up-to-date with these changes, the User is advised to regularly visit the Xeropan© website, where the archive of previous versions can be accessed.
5. Validity of statements of consent
By using Xeropan©, the User declares that it satisfies the conditions necessary for the acceptance of the Agreement laid down in this section. If the User is under the age of 14, his statement of consent is null and void and only the User’s legal representative is entitled to accept the Agreement on the User’s behalf. If the User has reached the age of 14, the consent of the legal representative is necessary for the validity of the User’s statement of consent. If the User has reached the age of 16, the User is entitled to give his consent for the processing of personal data, and the consent or subsequent approval of the legal representative is not necessary for its validity. If the User has reached the age of 18 and his legal capacity is not limited or partially limited, the User can accept this Agreement on his own.
7. Description of the service
In the Xeropan© mobile application, Users are guided through three timelines, an introductory Tutorial island and 12 further islands. On each island, the User has the possibility to solve various exercises, to complete several lessons with different themes, and to fulfill missions in order to proceed further.
After opening the Xeropan© mobile application, the User selects the language version of the service. The available languages are: Hungarian, French, German, Japanese, Korean, Portuguese, Hindi and English. The User acknowledges that the language can be set only once.
Following the language selection, by completing the Tutorial island the User is informed step-by-step about the services offered by the Xeropan© mobile application. The one-time completion of the Tutorial island is a condition for accessing all the other 12 islands. The use of the Tutorial does not require registration and its use is completely free of charge. Following its completion, users are required to register an account in order to be able to access the first island of the Xeropan© mobile application. Existing Facebook, Google+ accounts of the User can be used to register an account. The Service Provider declares that the Xeropan© mobile application does not and shall not send messages on behalf of the User or without the User’s consent on the User’s Facebook or Google+ account.
The services of the Xeropan© mobile application are available for free, except for the following services, which can be purchased through in-app purchases, as follows:
- All lessons for each promotional theme or promotional lessons one by one;
- Grammar lessons for each island and all grammar lessons;
- Entire vocabulary categories (e.g.: all expressions of the “Labour” category) irrespective of islands and all vocabularies;
- Completion of missions;
- Removal of advertisements;
- The purchase of the correct answer for certain lessons (this does not mean that the User can obtain the Xeropan© badge and star that is provided for the right answer, the purchase of the right answer only serves to inform the User).
The User expressly acknowledges that Xeropan© services that can be accessed only against payment create an obligation to pay according to the conditions listed below, and that the prices listed in the Xeropan© mobile application are gross prices. In-app purchases can also be paid for with stars or Xeropan© badges. The User can obtain stars while using the Xeropan© application, depending on the results and performance of the User (for each type of exercise, if the ratio of the correct answers is above 40%, the User is entitled to one star, if it is above 60%, the User is entitled to two stars, and finally if it is above 80%, the User is entitled to three stars), while the Xeropan© badges (in different packages) can be purchased in the “Shop” of the application at the price listed there. The Service Provider reserves the right to modify the listed prices at its sole discretion.
By downloading the application and signing in, the User shall obtain an initial badge package that the User can freely manage, use or increase. Further ways of obtaining Xeropan© badges for free:
- “Invite friends” feature: the User can send an invitation via e-mail or via sms or via any other messaging service to the person they wish to invite to use Xeropan©. By accepting the invitation and by providing the coupon code sent in the invitation, the invited person shall obtain further badges (“Free badges!” feature) apart from the initial badge package, and the person sending the invitation shall receive badges after the first signing in of each invited person. A coupon code can be used only once. A certain percentage of each purchase made by the invited person shall be credited to the badges of the person who sent the invitation, and he shall be notified of this. The User is obligated to obtain the prior consent for using the e-mail address or telephone number of the person to whom the User sends out the invitation.
- “Watch advertisements” feature: the User can obtain a certain number of Xeropan© badges determined in the Application by watching a video advertisement. The User has the possibility to view the video advertisement several times, however, the number of views and certain content is restricted, access is restricted depending on the possibilities or depending on the decision of the advertising service provider.
- “Facebook like” and “Twitter like”: the User can obtain Xeropan© badges one time by following the Facebook and Twitter pages of Xeropan©.
- One-time badge credit upon filling in a questionnaire: by filling in the questionnaire located in the Settings menu, the User can obtain a one-time Xeropan© badge.
- For the results achieved in the course of using Xeropan©: Xeropan© badges can be obtained depending on the performance of the User.
- Completion of challenges: the User can obtain Xeropan© badges by completing the triple challenge package that can be found in the user profile.
From time to time, for shorter or longer periods, the Service Provider, at its sole discretion, shall notify the User regarding discounts or promotional shopping possibilities (hereinafter referred to as: Discounts). Information about the terms and conditions of the Discounts shall be provided in the course of using the Xeropan© mobile application in accordance with the rules set out therein. The Service Provider is entitled to introduce, terminate or change the terms of the Discounts at its sole discretion.
8. Registration, personal data
The Service Provider is entitled to review registrations, and by observing the requirements of equal treatment, withdraw, at its discretion, the approval given for registration, and deny access to Xeropan©. The User shall be responsible for ensuring that the data entered is up-to-date and true. If the data is discovered to be false or the Service Provider suspects that the data provided is not authentic, the Service Provider is entitled to deny access without prior notification or cause.
9. Rules of use
9.1. General rules
The User is entitled to use Xeropan© only with the observance of the principles of proper exercise of rights and intended use. The principles of proper exercise of rights and intended use are satisfied if the User uses the application in accordance with the provisions of this Agreement, the features and fundamental principles of Xeropan©. The application cannot be used directly or indirectly for commercial purposes and its use cannot have such result. Xeropan© is in the sole and exclusive property of the Service Provider, the details of which can be found in section 10 of this Agreement.
In the course of using Xeropan©, the User shall be responsible for ensuring the data entered is up-to-date and true.
If in the course of using Xeropan©, the User transmits or submits content that falls under copyright protection (e.g. by using the “Submit your lesson idea” feature of the Xeropan© website), the user warrants that he is the owner of such content and expressly consents that Xeropan© can use this content without any obligation to pay, non-exclusively, irrevocably, with the right to transfer, and without any time, geographical or technical constraints, and without regard to the mode, quantity or scope of use. Use includes but is not limited to: reproduction, distribution, public performance, communication to the public by broadcasting or in any other manner, retransmission of the broadcast work to the public with the involvement of another organization than the original one, alteration, exhibition.
The User acknowledges that the Service Provider is entitled to verify the use of Xeropan©, and at its sole discretion and without prior notification or reason take the measures deemed necessary if the Service Provider notices User activity that is not compatible with or is contrary to the Agreement, legal provisions or the values of the Service Provider.
9.2. Facebook, Twitter, Google+
The provisions of section 10.1. apply accordingly to the use of the Facebook, Twitter and Google+ pages of Xeropan©.
The Service Provider undertakes not to post on social media on behalf of the User without the prior consent of the User.
9.3. Newsletter subscription
In the process of registration in the Xeropan© mobile application via Facebook or Google+ accounts, the User can subscribe to newsletters and other advertisements sent by the Service Provider. The User may, at any time, withdraw his consent by clicking on the “Unsubscribe” link located at the bottom of the newsletter. After unsubscribing, the User shall not receive any newsletters or other advertisements from the Service Provider, and the Service Provider shall delete the User’s data from the list of subscribed Users.
In the course of using Xeropan©, the Service Provider can provide advertising possibilities to third-party advertising service providers. The content of advertisements or links to other websites than the Xeropan© website, are not under the control of the Service Provider, and it shall not be responsible for their content or the privacy practices of the advertising service providers.
10. Proprietary rights
Xeropan© is owned solely and exclusively by the Service Provider including without limitation all copyrights, trademarks, know-how, and any other intellectual property rights, trade secrets.
Copyright belonging to the Service Provider shall include without limitation the entire or part of the Xeropan© website, written content, images and video content placed on the website by the Service Provider, the entire or parts of the Xeropan© mobile application, and the written content, image and video content therein.
The use in any form (including but not limited to reproduction, distribution, public performance, communication to the public by broadcasting or in any other manner, retransmission of the broadcast work to the public with the involvement of another organization than the original one, alteration, exhibition), the reproduction, selling, storing or copying of materials listed above without the written authorisation of the Service Provider is prohibited.
Saving on a data carrier or other physical storage medium or printing of the content or certain parts of Xeropan© for personal use or with the prior written consent of the Service Provider shall be permitted. Use beyond personal use -- for example storage in a database, transmission, publishing or making it available for download, commercialisation -- shall be made only with the prior written authorisation of the Service Provider.
Beyond the rights expressly defined in these TOU, through the use of Xeropan© or in the light of any provisions of the TOU, the User is not entitled to use or exploit any trade names or trademarks available on the website or in the application. Apart from the displaying, the temporary multiplication necessary for this, and the copying for personal use in the course of the intended use of Xeropan©, these intellectual works cannot be used or exploited in any other form without the prior written authorisation of the Service Provider.
The Service Provider reserves all its rights on all elements of its service, especially on the www.xeropan.com domain name, the subdomains related to it, all other domains registered by the Service Provider, their subdomains, and the Service Provider’s internet advertising spaces. All activities intending to list, organise, archive, hack the Service Provider’s database or reverse engineer the source code are prohibited, except if Service Provider has given special authorisation for this.
In the absence of a special agreement or in the absence of services contracted for this scope it is prohibited to modify, copy, insert new data or overwrite existing data in the database of the Service Provider by circumventing the platform provided by the Service Provider or search engines.
10.2. Trademark law
Registered trademarks, brand names and domain names of third party natural and legal persons referenced in Xeropan© are owned exclusively by the natural and legal persons who have registered these. Trademarks, brand names and domain names registered by the Service Provider are owned exclusively by the Service Provider, and it is prohibited to use them in any form, in the course of commercial activities or otherwise, without the written authorisation of the Service Provider.
10.3. Legal consequences of infringements
If the Service Provider, personally, through one of its collaborators or through any other sources, notices the violation of its copyright or infringement of its trademark, brand name or domain name, it is entitled, for each infringement and for each occasion, to obligate the user or infringer to the payment of a penalty of HUF 100,000 per day until the cessation of the infringement. Expenses incurred in the process of proving the infringement shall be borne by the infringer. The Service Provider shall be entitled to claim damages beyond the amount of the penalty.
11. Indemnity, hold harmless and protection provisions
The User undertakes to fully indemnify, protect and hold harmless the Service Provider, its representatives, employees, agents, entrepreneurs, and other collaborators from and against any loss, liability, claim, demand, lawsuit, expense or cost caused directly or indirectly, due to or arising out of
A) The use of the products and services of Xeropan©, the participation of the User at programs and games organised by the Service Provider in connection to Xeropan©, the User’s any kind of access to Xeropan©, or the User’s publishing, submission, transmission (in any format but especially by electronic or postal means) of any kind of written content, image or video materials or other content to the Service Provider.
B) User’s violation of the terms of this Agreement, any applicable laws, or the rights of the Service Provider, or any rights of any third party;
C) Any activity related to the User’s Facebook or Google+ account or password;
D) The use or reference to any materials published, submitted, transmitted to the Service Provider by other users (in any format but especially by electronic or postal means).
12. Limitation and exclusion of liability
User acknowledges that the Service Provider provides its services “as is”, with all faults and “as available” to the User. The Service Provider undertakes no responsibility for any direct or indirect damage to the PC or other property of the User (including virus attacks), which occurred during the use of Xeropan©, irrespective of the legality or illegality of the use.
The Service Provider undertakes no responsibility for data connection errors, for direct or indirect damage to the PC or other damage to any other property of the User due to the temporary or permanent unavailability of the service.
The correction of the qualitative, technical or information inaccuracies or errors on any platform of Xeropan© (including social media) is the exclusive right of the Service Provider, which the Service Provider can carry out at its sole discretion, without prior notice and without reason.
The Service Provider shall not be liable for any insulting, offensive or illegal post, content or illustration on any other websites related to any platforms of Xeropan© (including social media).
The Service Provider shall not be liable for infringing any other laws outside the territory of Xeropan© Hungary or for any other types of compliances.
The Service Provider shall not be liable for content transmitted or submitted in the course of using Xeropan© by Users or third parties.
The Service Provider shall be liable for claims arising as a result of its infringement of the provisions of this Agreement or infringement of other laws only if the intentional breach of contract or infringement of the law by the Service Provider (with respect to the Agreement) is established by a court decision.
The User may use Xeropan© at his own risk, and accepts that the Service Provider shall not be liable for the material and non-material losses that occur during its use, and that the Service Provider cannot be held liable beyond the intentional non-performance of an obligation resulting in loss of life, or harm to physical integrity or health.
The Service Provider excludes all liability for the conduct of the users of Xeropan©. In the course of using Xeropan© , the User shall make sure not to infringe the rights of third parties or any laws either directly or indirectly. The User is fully and exclusively responsible for his own conduct, and the Service Provider shall fully cooperate with the competent authorities in the investigation of infringements.
The Service Provider is entitled, but not obligated to review the materials submitted by users in the course of using Xeropan©, and with respect to the submitted materials the Service Provider is entitled, but not obligated to search for indications that illegal activities are continued.
Xeropan© may contain links to the websites of other service providers. Service Provider shall not be liable for the privacy practices and activity of others.
Because of the global nature of the Internet, the User shall accept that the use of Xeropan© shall be made with the observance of the applicable national laws as well.
If any activity in connection to the use of Xeropan© is not allowed according to the law of the User’s country, the User shall exclusively bear all liability for using the service.
13. Right of termination
This section applies exclusively to natural persons who shall act exclusively outside the scope of their individual profession or business activity, and who purchase, order, receive, use, or are the addressee of the business communication or offer (consumer).
The right of termination within 14 days pursuant to Government Decree No. 45/2014 (II.26.) shall not apply to business users.
Pursuant to Government Decree 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses, in the case of service contracts, the User who is considered a consumer can exercise the right of termination within fourteen days starting with the date of the conclusion of the contract.
The User shall not be entitled to the right of termination in the case of a service contract following the full performance of the service, if the Service Provider has commenced performance with the explicit, prior consent of the User, and the User has acknowledged that following the full performance of the Service, User shall lose the right of termination.
The User can agree or disagree to provide his explicit prior consent on the Website. To do so, the User shall only have to tick the checkbox located under the “I request the Service starting from today, and I am aware that by providing my consent I lose my right of termination. More information here” text on the Website, which shall be construed by the Service Provider as a clear manifestation of intention.
If the User does not tick the checkbox, the Service Provider shall provide the Service only after the expiration of 14 days, even if the subscription fee has already been credited to Service Provider’s account. If the User changes his mind and wants to have access to the Service before the expiration of the 14 days, he shall notify the Service Provider of this via email.
If the User does not agree to receive the Service from the Service Provider before the expiration of the 14 days, then the User shall be entitled to the right of termination. In this case, the User is obligated to notify the Service Provider expressly, in writing (by sending a letter via post, telefax or by electronic means) about his intention to terminate by using one of the contact details listed in section 1 of this TOU. For this purpose, the User can use the sample declaration of termination available at the following link [insert link]. The User is deemed to have exercised his right of termination in due time, if his declaration is sent to the Service Provider before the expiration of the 14 days.
If the User agreed to start receiving the Service from the Service Provider before the expiration of the 14 days, and exercises his right of termination following the commencement of performance, the User shall be obligated to the payment of a fee proportional to the services used. The fee proportionally payable by the User shall be calculated by the Service Provider with respect to the total amount which includes the fee of the Service as listed in the TOU increased by VAT. If, however, the User can prove that the total amount is excessively high, then the proportional amount shall be calculated at the market value of the services provided until the termination of the contract. To determine the market value, the price for identical services offered by businesses with identical activity at the time of the conclusion of the contract shall be taken into account.
The Service Provider can claim reimbursement for reasonable expenses if the Service Provider commenced the performance of the service contract before the expiration of the deadline, at the explicit request of the Consumer and the consumer exercises its right of termination.
The burden of proof that the right of termination has been exercised in accordance with the provisions laid down in this section, lies with the User.
The Service Provider shall immediately confirm via email the receipt of the User’s declaration of termination.
In the case of a written termination, the User’s right shall be deemed to have been exercised within the required deadline if the declaration of termination has been sent to the Service Provider within 14 calendar days (even if sent on the 14th calendar day).
For the calculation of the deadline, the Service Provider shall take into account the date of dispatch, if notification was made via post, or if notification was made via e-mail or fax, the date on which the e-mail or fax was sent. The User shall send the letter by registered mail so that the date of dispatch can be satisfactorily demonstrated.
If the User exercises his right of termination, the Service Provider shall reimburse the User for all payments without delay, but at the latest within 14 days following the receipt of the User’s declaration of termination.
For the reimbursement, the Service Provider shall use the same payment method used in the original transaction, except if the User gives explicit consent for the use of other payment method, and any extra costs arising from this payment method shall not be borne by the User.
The User shall not be entitled to the right of termination in the case of a service contract, following the full performance of the service, if the Service Provider has commenced performance with the explicit, prior consent of the User, and the User has acknowledged that following the full performance of the Service, User shall lose the right of termination;
14. Supervision, governing law, jurisdiction
The head office of the Service Provider is located in Hungary, however, Xeropan© can be accessed and downloaded in many other countries of the world. Users who wish to use Xeropan© from countries outside of Hungary declare that they shall do so by their own decision and they shall comply with the laws of Hungary, and for the settlement of disputes shall submit to the competent courts in whose jurisdiction the registered office of the Service Provider is located. The User and the Service Provider acknowledge that they shall first try to settle disputes amicably and in case of unsuccessful negotiations they shall resort to the judicial forum mentioned above.
This Agreement was drafted in Hungarian and English, and in case of differences between the two language versions, the provisions of the Hungarian language version shall prevail.
Complaints, observations or difficulties encountered by the User in the course of using Xeropan© can be sent to email@example.com describing, whenever possible, the circumstances of the case in the interest of swift problem-solving.
If possible, the Service Provider shall immediately remedy the oral complaint of the User. If immediate remedy of the oral complaint is not possible, depending on the nature of the complaint or if the User does not agree with the remedy of the complaint, the Service Provider shall draw up a minute of the complaint, which shall be kept for five years together with the Service Provider’s substantive response to the complaint.
For oral complaints transmitted via telephone or by means of other electronic communication services, the Service Provider shall send the User the copy of the minute together with its substantive response, at the latest.
In all other cases, the Service Provider shall proceed in accordance with the rules governing written complaints.
Service Provider shall formulate, within 30 days, a substantive response to written complaints. In the light of this agreement this measure shall mean sending by post.
In case of rejection of the complaint, the Service Provider shall inform the User about the grounds for rejection.
16.1. Other enforcement possibilities
If a consumer dispute between the Service Provider and User cannot be resolved by means of negotiations with the Service Provider, the User, in its capacity as consumer, can resort to the competent arbitration board located in the jurisdiction of the User’s place of residence or stay, and can initiate the procedure of the Board, or the User can resort to the competent Arbitration Board located in the jurisdiction of Service Provider’s registered office, or alternatively, the User can resort to the following enforcement possibilities:
- File a complaint with the authority for consumer protection,
- Initiate the proceedings of the arbitration board
Competent Board located in the jurisdiction of the Service Provider’s registered office:
ARBITRATION BOARD OF HAJDÚ-BIHAR COUNTY
Address: 4025 Debrecen, 13-15 Vörösmarty St.
Tel: 52-500-710, 52-500-745
Administrator: Brigitta Nemes
In the application of the rules governing the Arbitration Board, consumers shall be considered to include NGOs, churches, cooperatively owned buildings, housing cooperatives, micro, small and medium-sized enterprises, which are governed by separate legislation, and those who purchase goods, order, receive, use, or are the addressee of the commercial communication or offer related to the good.
Initiation of court proceedings.
17. Company and contact data of Service Provider
Name: Xeropan International Kft.
Registered office: 4028 Debrecen, 14 Simonyi Road
VAT number: 26304706-2-09.
Company registration number: 09-09-029639
Customer service, contact, notifications:firstname.lastname@example.org
Data protection registration number: Before request.