PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
The Site is not intended for individuals under the age of 18.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org or by mail using the details provided below:
P.O. Box 375, Pacifica, CA, 94044, United States
Terms of Service
Lelu Inc (“Lelu”) provides an monthly subscription program and platform that includes a physical monthly box of activities, online content, and that enables individuals (“Tutors”) to run 1-1 and group classes (“Classes”), online for the purpose of helping children and parents learn Spanish, using curriculum and materials provided by Lelu (collectively, “Services”). Information and registration regarding the Services are available through the website at www.lelu-usa.com (the “Website”). “Users” and “you” as used in this Terms of Service apply to Parents, Leaders and any other users of the Website, as the context requires. The website and the services together are referred to as the “Lelu Platform.”
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “TERMS”) CAREFULLY.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
THE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
THE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Enrollees must provide Lelu with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) when registering for the program. If you are an Enrollee and Lelu does not receive payment from you or your Payment Provider for any Classes, you agree to pay all amounts owed by you upon demand, and you agree that Lelu may either terminate or suspend your participation in any School Program, Classes or Events. You agree to immediately notify Lelu of any change in your billing address or the credit card used for payment hereunder.
Monthly subscribers will be billed monthly and can cancel anytime and will not be billed from the date of cancellation forward. Quarterly billing customers will be billed every 3 months and can cancel anytime to avoid being billed for the next quarterly billing. Annual billing customers will be billed annually and can cancel anytime to avoid being billed for the next annual billing. For all programs, refunds will not be approved more than 30 days after payment has been received or after any part of the program (box, online content or Classes) have been fulfilled. You will be responsible for the payment of sales taxes and any related penalties or interest to the relevant tax authority and you will indemnify Lelu for any liability or expense we may incur in connection with such sales taxes.
You must notify us in writing within 30 days if you dispute any of our charges on your credit card statement or such dispute will be deemed waived. Billing disputes should be sent via email to the following email address: email@example.com.
Third Party Payment Services Provider.
Lelu uses Shopify Inc. (“Shopify”) as third-party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Lelu Materials, you agree to be bound by Shopify’s US Terms of Service available at https://www.shopify.com/legal/terms
You hereby consent to provide and authorize Lelu and Shopify to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.
It is a violation of the Terms to (a) intentionally avoid the payment of fees by arranging Programs or Classes with Tutors outside of the context of the Lelu Materials or (b) for a Tutor to knowingly delegate the performance of leading the Class or hosting of an Event to another school, organization or Tutor without prior written consent of Lelu.
You agree that Lelu and its suppliers own all rights, title and interest in Lelu Materials. You hereby agree and acknowledge that any modifications or updates to the Lelu Materials shall be the sole and exclusive property of Lelu. You hereby assign to Lelu all rights, title, and interest to any modification or updates to the Lelu Materials.
Lelu’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with Lelu Materials are the trademarks of Lelu and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Lelu Materials are the property of their respective owners.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Lelu (“Feedback”) is at your own discretion and that Lelu has no obligations (including obligations of confidentiality) with respect to such Feedback. You hereby grant to Lelu the right commercially or non-commercially exploit in any manner, any and all Feedback in connection with the operation and maintenance of the Lelu Platform.
Use of the Lelu Platform and Lelu Materials.
The Lelu Platform, all Lelu Materials, including marketing materials, learning materials, activity boxes, and other products which may be provided by or purchased from Lelu relating to class structures, curriculum offerings, and including as provided in connection with Activities, Events and Classes, and the information and content available on the Website and used in connection with the Services, are protected by copyright laws throughout the world. Subject to the Terms, as a User, Lelu grants you a limited license to reproduce portions of Lelu materials for the sole purpose of using the Lelu Platform for your personal, non-commercial, purposes. Unless otherwise specified by Lelu in a separate license, your right to use any Lelu Materials is subject to the Terms.
As a condition of use, you agree not to use Lelu Materials for any purpose that is prohibited by the Terms or by applicable law. You will not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Lelu Materials or any portion of Lelu Materials. You will not access Lelu Materials in order to build a similar or competitive website or service. Except as expressly stated herein, no part of Lelu Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and you will not remove, alter, obscure, or destroy any copyright notices or other proprietary markings contained on or in Lelu Materials.
You will not (and will not permit any third-party) either to take any action or make available any content on or through Lelu Materials that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising; impersonates any person or entity, including any employee or representative of Lelu; interferes with or attempts to interfere with the proper functioning of Lelu Materials; to attempt or engage in, any potentially harmful acts that are directed against Lelu Materials. Any future release, update or other addition to Lelu Materials will be subject to the Terms. Lelu, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Lelu Materials terminates the licenses granted by Lelu pursuant to the Terms.
You hereby grant to Lelu the right and permission, without any requirement to obtain further consent from you and/or your Children, to record the name, likeness and voice of you and your Children in connection with your and your Children’s participation in any Classes or Events, and to use any of the results and proceeds thereof (the “Class Recordings”) in any and all media or technology. You hereby irrevocably authorize Lelu to use and license others to use the Publicity Materials for any promotion, merchandising, publicity, advertising or any other lawful purpose without limitation and without any compensation to you or your Children.
You agree to indemnify and hold Lelu, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively “Lelu” in the following sections) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:
- any matter arising out of or related to your or for Parents, your Children’s attendance or participation at a Class, Event, or Activity, or use of the Lelu Platform, including any claims by any venues against Lelu, or
- for Parents, or Children’s violation of any applicable laws, rules or regulations, as applicable. Lelu reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lelu in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to Lelu Materials.
Disclaimer of Warranties.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOUR USE OF LELU MATERIALS OR THE PLATFORM, YOUR AND YOUR CHILDREN’S (AND IF APPLICABLE, YOUR EVENT GUESTS') ATTENDANCE OR PARTICIPATION IN ANY CLASSES, EVENTS, OR ACTIVITIES, ARE AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LELU PLATFORM AND ALL LELU MATERIALS, FOOD, AND BEVERAGES PROVIDED, IF ANY, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LELU EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
- NO ADVICE OR INFORMATION OR LANGUAGE INSTRUCTION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LELU OR THROUGH THE LELU MATERIALS OR THE LELU PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability.
- Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL LELU BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LELU PLATFORM OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT LELU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE LELU MATERIALS OR THE LELU PLATFORM OR ANY CONTENT, ON ANY THEORY OF LIABILITY, RESULTING FROM:
- THE USE OR INABILITY TO USE THE LELU MATERIALS OR THE LELU PLATFORM OR ANY CONTENT;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE LELU MATERIALS OR THE LELU PLATFORM OR ANY CONTENT;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY
- ALL RISKS ASSOCIATED WITH FOOD OR BEVERAGE CONSUMPTION BY YOU AND YOUR CHILDREN, INCLUDING ALLERGIC REACTION. YOU ARE SOLELY RESPONSIBLE FOR ANY FOOD OR BEVERAGES THAT YOU BRING TO ANY CLASSES OR EVENTS.; OR
- ANY OTHER MATTER RELATED TO THE LELU MATERIALS OR THE LELU PLATFORM OR ANY CONTENT, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
- No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT LELU IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD LELU LIABLE, FOR THE CONDUCT OF THIRD PARTIES (INCLUDING ENROLLEES AND EVENT GUESTS), AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
- No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE COMPANY PROPERTIES.THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE COMPANY PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES.
- Cap on Liability. UNDER NO CIRCUMSTANCES WILL LELUPARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY LELUAS A RESULT OF YOUR USE OF THE Lelu MATERIALS OR THE LELU PLATFORM OR ANY CONTENT.
- Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Lelu AND YOU.
Term and Termination of Services
- The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Lelu Materials, unless terminated earlier in accordance with the Terms. Notwithstanding the foregoing, if you used Lelu Materials or the Lelu Platform prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Lelu Materials or the Lelu Platform (whichever is earlier) and will remain in full force and effect while you use Lelu Materials or the Lelu Platform, unless earlier terminated in accordance with the Terms.
- If your Account is terminated by Lelu due to your violation of any portion of the Terms, for conduct otherwise inappropriate for the community, or if required to do so by law, then Lelu has the right to immediately and without notice, suspend or terminate any Services provided to you. You agree that you will not attempt to re-register with or access Lelu Materials or Lelu Platform through use of a different member name or otherwise.
- Termination of Services by You. If you want to terminate the Services provided by Lelu, you may do so by (a) notifying Lelu at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Lelu's address below.
- Effect of Termination. All provisions of the Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
- Modifications to these Terms.When changes are made, Lelu will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective immediately for new Users of the Website and/or Services and will be effective for existing users fifteen (15) days after any use of the Website and/or Services following a change of terms. Lelu may require you to provide consent to the updated Terms in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). Please regularly check the website to view the then-current terms.
For contractual purposes, you (1) consent to receive communications from Lelu in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Lelu provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Where Lelu requires that you provide an email address, you are responsible for providing Lelu with your most current email address. In the event that the last email address you provided to Lelu is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, Lelu’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Lelu at the following address: Lelu, Inc., Attn: Team Lelu, PO Box 375, Pacifica, CA 94044. Such notice will be deemed given when received by Lelu by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Lelu’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
You and Lelu agree that any cause of action arising out of or related to the terms, Lelu Materials, or the Lelu platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). You arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
- The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Mateo County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
- RESTRICTIONS. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions to Informal Negotiations and Arbitration. The parties agree that the following Disputes are not subject to the above negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
You may not use, export, import, or transfer Lelu Materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Lelu Materials or the Lelu Platform, and any other applicable laws.
California Users and Residents.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
In order to resolve a complaint or to receive further information regarding the use of the Lelu Platform, please contact us at:
PO Box 375
Pacifica, CA 94044