Terms and Conditions
LINGOCALL.COM General Terms and Conditions for visitors and users.
LingoCall S.A. (hereinafter "LINGOCALL") provides its services through the main website lingocall.com and its subdomains if applicable, and its LingoCall mobile applications at the different platforms that are presented - iOS and Android (hereinafter jointly called "WEBSITE "), through which it provides its users (hereinafter "CLIENTS"), remote language services of on line video interpretation (hereinafter "SERVICES") through its WEBSITE where interpreters / translators providers are registered and active.
The purpose of this document is to establish, by LINGOCALL, the GENERAL CONDITIONS that regulate the terms and conditions of access and use of the WEBSITE by those CLIENTS who register and request the services through its WEBSITE, being therefore essential to duly register into the WEBSITE and the acceptance of these GENERAL CONDITIONS.
2. HOLDER AND RESPONSIBLE OF THE WEBSITE AND ITS SERVICES
It is informed that the LINGOCALL WEBSITE, including all the information and the SERVICES it provides, is managed and owned by LINGOCALL S.A., with legal identity number 3-101-744785, registered in volume 2017, entry 544335, consecutive 1 of the Journal of the Digitalized System of the Register of Legal Entities of the National Registry of COSTA RICA, with registered office in Cartago, La Unión, Concepción, Residencial Monserrat, number fifty-two on the boulevard and email address firstname.lastname@example.org
3. INTELLECTUAL PROPERTY
The CLIENT acknowledges and accepts that all intellectual property rights over all the contents and SERVICES of this WEBSITE, whether texts, images, as well as any other type of information or elements of its design or structure, (except in relation to external hyperlinks) belong exclusively to LINGOCALL S.A. (or in any case, it has the corresponding authorization for the use of said elements). This content is protected by intellectual property laws. LINGOCALL reserves all the rights that are not expressly granted in these GENERAL CONDITIONS.
LINGOCALL is responsible for the exclusive exercise of the exploitation rights of all the contents and SERVICES of the aforementioned WEBSITE. Thus, the reproduction or modification, total or partial, of its WEBSITE or its contents is not permitted without the prior express authorization of LINGOCALL, with the CLIENTS being authorized, solely and exclusively for the private and personal use of the contents or SERVICES of the WEBSITE.
LINGOCALL reserves the right to modify, suspend, cancel or restrict the content of the WEBSITE, the links or the information obtained through it, without prior notice.
The CLIENT will not be able to carry out any action that puts in risk, limits or interferes with the intellectual property rights of the contents of the WEBSITE, being absolutely prohibited, the use of the WEBSITE or any of its elements or SERVICES for commercial purposes or illegal activities.
"LINGOCALL" and its logo is a registered trademark of LINGOCALL S.A. Such trademark and brand image cannot be used in connection with any product or service that does not belong to LINGOCALL S.A., in any way that could create confusion among the CLIENTS or discredit LINGOCALL. All other trademarks that do not belong to LINGOCALL S.A. that appear on this WEBSITE belong to their respective owners. The CLIENT cannot and should not register or use any commercial name, trademark, logo, domain name or other names or signs that incorporate intellectual property rights of LINGOCALL.
4. GENERAL CONDITIONS ACCEPTANCE
The access and usage of the WEBSITE and the SERVICES it offers is absolutely voluntary, so that the CLIENT accepts that he/she freely and conscientiously, under his/her own responsibility, accesses this WEBSITE and the contents and SERVICES included on it. However, LINGOCALL reserves the right to limit access to certain content or SERVICES, requiring the registration of user data prior to access.
The use of the SERVICES of this WEBSITE implies the full and express acceptance by the CLIENT of all the GENERAL CONDITIONS in the version published at the moment in which the CLIENT accesses them, without prejudice to the particular conditions that may be applied in some of the specific SERVICES of the WEBSITE.
Therefore, in order to use the SERVICES and the WEBSITE, the CLIENT must first read carefully and accept without reservation the present GENERAL CONDITIONS.
The acceptance of the GENERAL CONDITIONS can only be carried out by a person of legal age and with the capacity to request the services, in case of a minor, the acceptance of these GENERAL CONDITIONS will be made by his/her legal representatives (holder of the parental authority or guardian) of the minor CLIENT.
These GENERAL CONDITIONS will remain in force from the date of acceptance until the relationship is terminated in accordance with the provisions.
The CLIENT undertakes not to use the WEBSITE or its SERVICES and contents in a manner contrary to the provisions of current legislation. LINGOCALL reserves the right to withdraw access to this WEBSITE, without prior notice, to any CLIENT that contravenes the provisions of these GENERAL CONDITIONS.
5. MODIFICATIONS MADE TO THE GENERAL CONDITIONS
LINGOCALL reserves the right to modify the presentation, configuration, content and location of the WEBSITE, as well as the SERVICES and GENERAL CONDITIONS to use them when it deems appropriate or in order to adapt to future legislative and technological changes. Said modifications will be notified and published in this WEBSITE at the date of its coming into force, so that the CLIENTS may have knowledge.
The GENERAL CONDITIONS subject to modifications or updates must be expressly accepted by the CLIENT, otherwise, the WEBSITE will not allow the CLIENT to use the SERVICES of the WEBSITE.
Subject to compliance with these GENERAL CONDITIONS, LINGOCALL grants you a license to use the system designed and administered by LINGOCALL, that is, a revocable, non-exclusive, non-transferable and limited license to use the system (which includes applications for mobile devices - APPS -) for being used on a computer or mobile device for the purpose of using the Online Interpretation and Translation Service, through the CLIENT ACCOUNT of the WEBSITE. Any other use of the license or system is strictly prohibited, and does not grant any permission to third parties to use the system on its behalf.
For the functionalities of third parties used by the WEBSITE in the provision of the SERVICE, as far as possible, LINGOCALL will inform the CLIENT of any policy, requirement or guideline required by the corresponding license. The CLIENT agrees to follow and comply with these requirements, policies or guidelines.
LINGOCALL reserves all the rights that are not expressly granted in these GENERAL CONDITIONS.
7. PROTECTION OF PERSONAL DATA AND PRIVACY
If you are not sure that you understand the scope of these rules or if you do not want to authorize the assignments and uses of your personal data described here, you should not complete the registration process or, if applicable, you should request the withdrawal of your user status, if the registration process has already been completed.
CLIENT must register as a user by sending the registration form accessible from the WEBSITE and the acceptance of these GENERAL CONDITIONS. The CLIENT can complete this process by providing an email and other data, as well as choosing a password.
LINGOCALL guarantees the user that it has implemented sufficient security measures, in accordance with the current state of technology, to prevent anyone from accessing the access passwords of CLIENTS to the WEBSITE. In turn, the CLIENT undertakes to guard and not reveal his/her password to third parties by adopting the necessary precautions so that nobody, except him/her, can access it. If the CLIENT has a suspicion or certainty that a third party has such a password, he/she must inform the webmaster without undue delay. Up to the moment of such communication, the CLIENT will respond to LINGOCALL and third parties against the consequences arising from the access and use of the WEBSITE and SERVICE by third parties that are identified by his/her username and password.
LINGOCALL reserves the right to reject any user application for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without generating any right to compensation or payment.
9. UNSUBSCRIBE FROM THE WEBSITE
The access and usage of the WEBSITE has an indefinite duration. For this purpose, the CLIENT may send their withdrawal to LINGOCALL through the email address email@example.com
Likewise, LINGOCALL may terminate the relationship with a CLIENT at any time, without cause, by simply deactivating the client, and in this way he/she cannot request the SERVICES of the LINGOCALL platform.
The data referred to the CLIENT on the WEBSITE, as well as the information and contents provided by him/her, will be blocked, being kept only for the attention of the responsibilities that, where appropriate, are derived for LINGOCALL for the management of the WEBSITE for the time that the term of prescription of these lasts. Once the aforementioned deadline has been met, the aforementioned data, information and contents will be deleted.
The current rates indicated in the WEBSITE www.lingocall.com will be applicable to the SERVICES. At the same time, along with the rates are also published the rules applicable to them. These prices do not include taxes, such as VAT, which will be detailed and added to the total amount owed in the payment process, if applicable.
The access and usage of the WEBSITE and the SERVICES from the mobile data networks may imply extra, extraneous and in imputable expenses, according to the rate associated with the device used by the CLIENT. Said expenses are usual in the cases of not contracting a bonus, exceeding what is contracted or using it abroad (ROAMING). It is the CLIENT's obligation to be informed in this respect with the connection service provider, being the CLIENT the only responsible for the expenses that may be incurred to obtain connectivity to the Internet service.
11. ACCOUNT, AVAILABLE BALANCE AND RECHARGE
It is a prerequisite that the CLIENT has in his/her account a registered and valid PAYMENT METHOD (debit card, credit card) with the balance that, in accordance with the applicable rates, would be necessary for the provision of the requested SERVICE.
12. PAYMENT METHOD
As a general rule, if the CLIENT and LINGOCALL have not expressly agreed otherwise, the CUSTOMER will proceed to pay for the SERVICE, through the use of his/her valid debit / credit card, VISA or MASTERCARD, for which he/she must have sufficient balance to pay for the services.
LINGOCALL uses at its WEBSITE information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized data access. To achieve these ends, the CLIENT accepts that the WEBSITE obtains data for the purpose of the corresponding authentication of the access controls.
13. CUSTOMER SERVICE, CLAIMS AND REIMBURSEMENT
The Customer Service of LINGOCALL will try to solve any problem that the CLIENT may have.
The CLIENT can contact the Customer Service Department from the corresponding section on the WEBSITE or writing to the email address firstname.lastname@example.org
The CUSTOMER can submit claims in relation to the provision of the SERVICES by contacting LINGOCALL, within a period of 1 month from the moment the event that motivates his/her claim occurs. After more than 30 days from that moment, the CLIENT will not be entitled to refunds.
In the event of refunds, LINGOCALL will reimburse the amount through bonuses to be used in upcoming services.
14. COMMUNICATIONS METHODS
For the purposes of these GENERAL CONDITIONS, and for any communication that may be required between LINGOCALL and the CLIENT, he/she may contact LINGOCALL through the email address email@example.com The CLIENT expressly accepts all communications related to the use of the WEBSITE or the services of LINGOCALL, the use of electronic mail, SMS or other means of communication or direct publication on the WEBSITE as a valid procedure for the submission of such communications by LINGOCALL. Any notice or communication published on the WEBSITE will be considered effective 24 hours after its publication. It is the responsibility of the CLIENT to visit the WEBSITE on a regular basis to obtain news and the latest updates of these GENERAL CONDITIONS.
15. CLIENT OBLIGATIONS
In order for the use of the resources offered by the WEBSITE to be compatible with its objectives and, at the same time, be respectful of the rest of its users and third parties, the CLIENT agrees to comply with the following obligations:
15.1 Client must ensure that he/she has the necessary rights and / or permits to incorporate and share content, documents and information within the scope of the WEBSITE and in the communications made through the SERVICES. In particular, he/she will not include content that refers personal data of other users of the WEBSITE or third parties without the consent of those affected.
15.2 CLIENT will be responsible for making use of the WEBSITE and the SERVICES in accordance with current laws, morality, generally accepted good practices and public order, as well as abstaining from using the SERVICES for illegal purposes or purposes prohibited in these GENERAL CONDITIONS or harmful rights and interests of third parties.
15.3 Without being included in the previous section, CLIENT will refrain from having a behavior that could be considered as a defamatory, humiliating, or simply inconsiderate treatment for persons or institutions; or in some way they can be identified with cases of discrimination of people because of their birth, race, ethnic origin, sex, religion, opinion or any other personal or social circumstance.
15.4 Client will not carry out actions or disseminate messages that question the good name, professionalism and / or social projection of the activities developed by LINGOCALL. In particular, CLIENT may not use the WEBSITE to channel complaints or claims related to the products and services commercialized by LINGOCALL, except for those destined for that purpose.
15.5 Neither will he/she carry out advertising actions or publish commercial information directly or covertly.
15.6 CLIENT will not refer to games of chance and gambling in virtual environments, pornography, sex shops and erotic products, erotic telephones, prostitution and / or brothels, tarots, clairvoyance, esotericism, manufacturing, cultivation and sale and/or consumption of toxic drugs, narcotics or psychotropic substances.
15.7 CLIENT will not collect or store personal information of other users of the WEBSITE or third parties, nor will he/she communicate them to third parties, for any purpose. In particular, CLIENTS must refrain from harassing or annoying other users of the WEBSITE or third parties.
15.8 CLIENT will notify without undue delay the presence on the WEBSITE of any information and content that violates the provisions of the GENERAL CONDITIONS from that they have knowledge of it through the functionality enabled for this purpose in the environment of the WEBSITE and when the GENERAL CONDITIONS allow, proceed, to its withdrawal. LINGOCALL reserves the right to eliminate or modify any content deemed inappropriate or illegal.
15.9 CLIENT must not make use the WEBSITE in a way that may damage, disable, overload or deteriorate the WEBSITE and / or prevent the normal use of it by the rest of the users of the WEBSITE.
LINGOCALL reserves the right to adopt the appropriate legal measures to avoid this type of behavior.
16. OBLIGATIONS OF LINGOCALL
Except for intent, LINGOCALL will only be liable for the damages effectively and directly caused by it, as administrator of the WEBSITE. LINGOCALL will not be liable for (i) any losses that are not attributable to any breach by it, (ii) business losses (including loss of profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the CLIENT had begun to use the services of LINGOCALL.
LINGOCALL will not be responsible in case of damages and losses caused by:
a) Negligence in the use and custody of CLIENT´s access password, including damages for unauthorized use by third parties.
b) Interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operational functioning of the WEBSITE, motivated by causes beyond LINGOCALL reponsabilities or those who collaborate with it in the provision and operation of the WEBSITE.
In this sense, LINGOCALL will make its best efforts to ensure that there are no interruptions in its service, as well as the absence of errors in any transmission of information that may take place. However, due to the very nature of the Internet, it is not possible to guarantee such ends. LINGOCALL will not be responsible for the damages that such interruptions or errors may cause for reasons beyond its reasonable control. Likewise, the CLIENT access to the WEBSITE services may occasionally be suspended or restricted for the purpose of performing repair or maintenance work, or the introduction of new products or services; LINGOCALL will seek to limit the frequency and duration of such suspensions or restrictions.
Nor will LINGOCALL be liable for any delay or failure to comply with its obligations arising from the GENERAL CONDITIONS if such delay or lack of compliance were attributable to circumstances beyond our reasonable control. This provision does not affect the right of the CLIENTS to receive the SERVICE in the estimated reasonable time period.
c) By the information and contents incorporated into the WEBSITE by its users or for the use that these or third parties outside the WEBSITE make of them. Consequently LINGOCALL is not responsible for the content of the links or banners introduced on its WEBSITE by the users or third parties.
The provisions contained in the preceding paragraphs will also apply if the CLIENT transfers its right to a third party that submit its claim to LINGOCALL.
17. CLIENT RESPONSABILITIES
Each CLIENT will be liable for damages caused to LINGOCALL, to other WEBSITE users or to any other third party for the breach of any of the GENERAL CONDITIONS. In particular, each CLIENT will respond for the information and content that, if applicable, incorporates into the WEBSITE.
The CLIENTS will keep LINGOCALL unharmed, as well as its directors, administrators, representatives and employees, for any claim or demand from third parties for the breach of the GENERAL CONDITIONS and other policies that are understood herein or for the violation of any laws or rights of third parties.
18. PARTIAL NULLITY, WAIVER
If any clause included in these GENERAL CONDITIONS is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, subsisting the GENERAL CONDITIONS in everything else, having said disposition, or the part of it that was affected, by not stablished.
LINGOCALL may not exercise any of the rights and powers conferred in this document, which does not imply in any case the waiver of the same, unless expressly acknowledged in writing by LINGOCALL. The omission by LINGOCALL to demand strict compliance with any contractual term on one or more occasions will not deprive it of the right to demand strict compliance with contractual obligations a posteriori.
19. APPLICABLE LEGISLATION
These GENERAL CONDITIONS, the particular conditions and instructions that, if applicable, LINGOCALL establishes and, in general, the relations between LINGOCALL and the users of the WEBSITE are subject to Costa Rican legislation and jurisdiction (COSTA RICA).
Disputes that may arise from the relationship with LINGOCALL shall be submitted to the courts and tribunals of the City of San Jose of Costa Rica, except when by law the jurisdiction of the CLIENT's domicile or other jurisdiction is imperative.