Terms of Use

Website Terms of Use

Last updated on: 23.6.2021

 TERMS OF USE

These terms of use (« Terms of Use ») apply to any visitor (the « Visitor » or « you ») or registered user (the « User » or « you ») of the website located at the following URL: https://englishoptixx.eu  (the « Website »).

The Website is operated by Make It Native vGmbH, registered with the Luxembourg Trade and Companies Register under number B253022, having its registered office at L-6975 Rameldange, 19, Am Bounert (« we » or «English Optixx»), holder of Business License n°10127526/0 issued by the Economics Ministry, Direction générale PME et Entrepreneuriat, L-2449 Luxembourg, 19-21, boulevard Royal. VAT Registration 2021 2417 840, Identification Number LU32973478).

English Optixx can be reached at:

Email: contact@englishoptixx.eu

Access and/or use of the Website is subject to the acceptance and full compliance with the following provisions. If you do not comply with these provisions, you are not permitted to use the Website.

1. SCOPE

The Terms of Use govern the access and use of the Website by Visitors and Users, either natural or legal persons.

Access and/or use of the Website is subject to consultation, prior acceptance and full compliance with these Terms of Use. The Terms of Use apply to the Visitors, from their connection to the Website and until the end of their navigation, and to the Users, from the activation of their user account and until its termination, for any reason whatsoever.

We reserve the right to modify at any time and without notice all or part of these Terms of Use. The amended terms will be notified to Visitors and Users on the Website home page. If the Visitor/User continues browsing the Website after having been informed of the said modification of the Terms of Use, this continued use will be deemed acceptance of the new version of the Terms of Use.

2.  ACCESS TO THE WEBSITE

2.1. The Website is freely accessible to anyone who has an Internet access. All costs relating to the access and use of the Website, whether costs for hardware, software or Internet access, shall be borne exclusively by the Visitors/Users. Visitors/Users are responsible for the proper functioning of their computer equipment and Internet access.

It is forbidden to attempt or try to attempt to the security of the Website and the data of its Users, to hack, in any manner, the Website and the data of its Users notably by means of computer viruses, overload, “flooding”, “mailbombing” or “crashing”, to take any action that imposes an unreasonable or disproportionately large load on the infrastructure that runs the Website or to use data mining systems, robots or any other similar method for the collection and exploitation of data. It is also forbidden to reverse engineer or decompile the pages of the Website.

English Optixx reserves the right to refuse access to the Website, unilaterally and without prior notice, to any Visitor/User not complying with the Terms of Use.

2.2 Some sections of the Website may be reserved to Visitors who have previously created an account by following the steps indicated on the Website and are duly identified with their email/username and password.

When creating an account, the User expressly undertakes to provide accurate and up-to-date personal data and to update it, through his/her personal account, in order to ensure its relevance and accuracy throughout his/her relationship with English Optixx.

Likewise, the User agrees not to create or use more than one account, either under his/her own identity or that of a third party.

The username and password as chosen when creating the account are specific to the User, personal and confidential. You agree to keep them secret and not to disclose them in any form whatsoever. You are exclusively responsible for the storage, use and transmission of your username and password. You are aware of the inherent insecurity of the use of automatic memory function of login credentials that your computer system can allow, and therefore assume full responsibility for the use and possible consequences of such a function. Any use of login credentials will be deemed to have been made by the User or by a person duly authorized by the User.

Therefore, English Optixx shall in no event be held liable for any consequences resulting from illicit use, fraud or abuse of login credentials by a third party not expressly authorized by the User to which they relate and which results from the User’s fault or negligence.

In cases of theft or misappropriation of login credentials, the User shall immediately notify English Optixx.

You may deactivate your account at any time after logging in to your personal account, which will irreversibly lead to the deletion of all Personal Data and content saved in your personal account.

2.3. Access to the Website is restricted to adults and minors over the age of 16.

3. ORDERS

3.1 The Website allows Users and Visitors to place orders. English Optixx provides sentence-level review, correction and optimisation of your English texts.  Such orders are governed by the English Optixx general terms and conditions https://englishoptixx.eu/terms-and-conditions/.  Please refer to this document for more information on the applicable conditions.

4.  LIMITATION OF LIABILITY

4.1 We put all reasonable means at our disposal to ensure quality access to the Website and the security of the data that you provide us with via the Website, but do not assume any obligation of result in this regard. We do not guarantee the continuous operation of the Website, which may be interrupted for maintenance reasons.

We cannot be held responsible for any other malfunction or failure of the network or servers or any other technical malfunction beyond our reasonable control that would prevent or impair access to all or part of the Website, and in case of force majeure as defined by the applicable regulations.

Your attention is drawn to Internet limitations and constraints and to the fact that English Optixx can therefore not guarantee the total security of data exchanges. The User is expected to take all necessary measures to protect itself against unauthorized intrusions within its information systems. Furthermore, the User is informed that functioning of the Website and response times may vary according to its system of connection parameters and its Internet access service network.  English Optixx assumes no responsibility in this regard.

As a result, we can in no case be held liable, directly or indirectly, due to any malfunction of the Website caused by one or more technical features inherent to Internet or to the computer hardware or software used by the User, for any reason whatsoever.

4.2 The materials published or provided on the Website are furnished to you “as is” and without warranties of any kind. English Optixx assumes no responsibility and does not make any warranty that the information contained on the Website is accurate, complete, up-to-date or relevant, or that the Website contains no defects or that any defect will be remedied.

5.  INTELLECTUAL PROPERTY

All elements of the Website, including its structure, its graphics, its source or object code and its content (including, but not limited to, texts, graphics, images, photographs, videos, information, logos, icons, software, audio files and others, databases) are protected by intellectual property laws, and notably by copyright and trademark laws. The sign “English Optixx” is protected as a trademark and cannot be exploited by unauthorized third parties, in particular to imply an endorsement by English Optixx.

English Optixx reserves all rights on the Website. Access to and use of the Website cannot be considered as an assignment or a license agreement. As a result, you are prohibited from using the Website for purposes other than those mentioned above, including reproducing or publicly displaying, modifying, performing extraction or decompilation of all or part of the Website, including in particular its structure, its graphics, its object code or source and its content, without our prior and written express consent of English Optixx.

Any breach of the foregoing constitutes a violation of the Terms of Use, rendering the User potentially liable under law and subject to damages, sanctions and penalties. 

6.  HYPERTEXT LINKS

The Website may contain links or references to other websites, including social networks, belonging to third-parties. We neither accept responsibility for the content of these websites, nor for the content that you decide to transmit to these third-party websites via the Website.

Any hypertext link to the Website requires the prior written express consent of English Optixx.

7.  PERSONAL DATA

English Optixx processes Visitors’ and Users’ Personal Data according to the terms and for the purposes described in its Privacy Policy https://englishoptixx.eu/privacy-policy/.

8.  WAIVER

English Optixx’s failure to demand or seek to enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

9.  SEVERABILITY

If any provision (or part of a provision) of these Terms of Use is found by a court or an administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

10.  GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by, and construed in accordance with, the laws of Luxembourg.

Subject to mandatory statutory provisions, the Courts of Luxembourg-City will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the validity, interpretation and enforcement of the Terms of Use or the access and/or use of the Website.

Contact Information

English Optixx can be contacted at:

Email: contact@englishoptixx.eu

 

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