Terms and conditions of use
By logging in to EF Class or using the information, tools, features and functionality located on EF Class (the “Service”), you are entering into a binding contract with EF Corporate Language Learning Solutions Ltd. Haldenstrasse 4, 6006 Lucerne, Switzerland (“EF LLS” or “we”). If you wish to make use of the Service, you must read these Terms and Conditions of Use (the “Terms”) and indicate your acceptance during the registration process.
If you do not agree with these Terms, please do not use the Service.
In order to use the Service, you need to (a) be 16 years of age or older, or be 13 years of age or older and have your parent or guardian’s consent to the Agreement, and (b) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. You also warrant that any registration information that you submit to us is true, accurate and complete, and you agree to keep it that way at all times.
Except where explicitly referring to one specific group of users, everything stated in these Terms is applicable to both students (user group “Student”) and teachers (user group “Teacher”) who are using the Service.
Before you continue, you should print or save a local copy of this Agreement for your records.
1. Changes to the Agreement, Term and Termination
The Agreement will continue to apply to you until terminated by either you or EF LLS. EF LLS may terminate the Terms or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service or non-compliance with the Terms. If you or EF LLS terminate the Terms, or if EF LLS suspends your access to the Service, you agree that EF LLS shall have no liability or responsibility to you to the fullest extent permitted under applicable law. To terminate your EF Class account, please contact email@example.com.
The Service and the content provided through it is the property of EF LLS or EF LLS’s licensors, and we grant you a limited, non-exclusive, revocable license to make use of the Service and to receive the content made available through the Service in your local country, according to the terms of your subscription (the “License”). The EF Class software applications are licensed, not sold, to you, and EF LLS or its licensor retains ownership of all copies of the software applications even after installation on your devices.
All materials of the Service, including content, text, images, software, audio and video files, documentation remain at all times the sole property of EF LLS or its licensors. Such materials are protected under international copyright, trademark and other intellectual property laws. You may not post, distribute, sublicense, translate or reproduce in any way any such materials without the prior express written consent of EF LLS, except when it’s provided for by the Service. This prohibition does not prevent you from spreading general information regarding your use of the Service, for example on social media, through EF Class’ share function.
All EF LLS trademarks, service marks, trade names, logos, domain names, and any other features of the EF Class or EF brand are the sole property of EF LLS or its licensors. This license does not grant you any rights to use the EF Class or EF trademarks, service marks, trade names, logos, domain names, or any other features of the EF Class or EF brand, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines below and not to use the Service in any manner not expressly permitted by the Terms. You are only entitled to access and use the Service for lawful purposes.
3. User Guidelines
We’ve established a few ground rules for you to follow when using the Service, to make sure EF Class stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
Please note that the opinions and messages posted by users at EF Class do not reflect and are not representative of the views of EF LLS or its employees, affiliates, suppliers or partners. EF LLS is not responsible for the content of messages sent by users to other users through EF Class.
3.1. User generated content
The user group Teacher has the ability to create their own lessons and to edit existing EF Class lessons. Teachers can, among other things, include web-links, images, videos, text, and activities of various kind. This is to be termed Teacher User Content.
The user group Student has the ability to respond to activities by creating written productions and projects. Students may, among other things, include web-links, images, videos, and text in their answers and projects. This is also to be termed Student User Content.
You assure that you have the right to add any User Content which you add to the Service, and that such User Content, or its use by us, does not violate this Agreement, any applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Teacher User Content that you share on or in connection with EF Class for the purpose of giving teachers access to a large variety of lessons.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use and share with your teacher and/or your school any Student User Content that you share on or in connection with EF Class for the purpose of providing the Services, as well as with external parties according to section 7 below for research purposes.
Aside from the rights specifically granted to us herein, you retain ownership of all rights, including intellectual property rights, in the User Content, except that, where applicable under local law, you agree to waive your right to be identified as the author of any User Content on the Service and your right to object to derogatory treatment of such User Content.
You are solely responsible for the content of the User Content. In addition, by using these Services, you agree not to publish, contribute or post any material that:
EF LLS may remove any posted message or other User Content at any time. Any directory over users, including the information contained therein represents proprietary information owned and maintained exclusively by EF LLS. Using the directory for correspondence for any purpose other than educational purposes between EF Class members is strictly forbidden.
EF LLS does not actively monitor, review, or edit User Content, but reserves the right to monitor the Services for purposes of determining that the usage is in compliance with this Agreement and applicable laws. EF LLS may remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in EF LLS’s sole discretion, violates law, this Agreement or is otherwise unacceptable to us. EF LLS may take these actions without prior notification to you.
If you believe that any User Content infringes your intellectual property rights, or that your rights have been otherwise infringed by any User Content, or if you believe that any User Content does not comply with the User Guidelines, please contact us at IP.EF@ef.com.
3.2. Intellectual Property
EF LLS respects intellectual property rights and expects you to do the same.
This means, for example, that the following is not permitted: (a) copying, reproducing, “ripping”, or making available to the public any part of the Service or content delivered to you via the Service, or any other use of the Service which is not expressly permitted under these Terms; (b) reverse-engineering, decompiling, disassembling, modifying or creating derivative works based on the Service or any part thereof; (c) circumventing any technology used by EF LLS, its licensors, or any third party to protect content accessible through the Service; (d) renting or leasing of any part of the Service; and (e) providing your password to any other person or using any other person’s user name and password.
You agree that you will not:
3.3. User activities
Please respect EF Class and other users of the Service.
Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of EF LLS or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content, such as viruses, worms, Trojan horses or any other contaminating or destructive features, or otherwise interferes with any user’s access to the Service or the proper working of EF Class or the Service; (e) is intended to or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar (h) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (i) promotes commercial products or services; (j) interferes with the Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or EF LLS’s computer systems or network, or breaches any of EF Class’s security or authentication measures, or (l) conflicts with the Agreement, as determined by EF LLS.
Please be thoughtful about what you make public on EF Class. The Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on EF Class or across the web, so please use EF Class carefully and manage your account settings regularly. EF LLS has no responsibility for your choices to make any actions or material public on, and/or through the Service.
You are responsible for maintaining the secrecy of your EF Class account (the "Account"), username and password. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please contact us at firstname.lastname@example.org immediately and change your password as soon as possible.
In order for the Service to function effectively, you must also keep your registration information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. In our sole discretion, we may terminate your Account, or modify, reclaim or remove any username associated with your Account, for any reason (including for reasons related to unlawful or unauthorized usage). It is each teacher’s responsibility to at all times keep appropriate documentation of such student data, such as results, that is important for setting student grades, aside from the Service. When terminating the Account, EF Class is under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account and/or the Service. Upon request, EF Class will however make reasonable efforts to assist in transferring a student’s results in connection with the termination of such student’s account.
4. Technology limitations and modifications
EF LLS will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. EF LLS reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand and agree that EF LLS has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
5. Privacy and Security Policy
6. Consent to the Processing of Personal Data
Your personal data, such as personal data provided by you or generated through your activities on the Service will be processed by EF LLS for the purposes of providing you with a qualitative EF Class service, for customer service, for internal analysis of the use of the Service, or as otherwise necessary to deliver the Service. EF LLS may also store anonymized data for research purposes.
Please note that we ask you not to disclose any sensitive personal information on or through the Service or otherwise to us.
Special provisions regarding only the user group Teacher
We may share your personal data with our corporate affiliates and other business partners, including your employer and its affiliated companies, both within and outside the EEA/Switzerland. We have put appropriate safeguards in place for transfers of your personal data outside the EEA/Switzerland, including the standard data protection clauses adopted by the European Commission. EF LLS and its affiliates may also use your personal data, combined with information about you obtained from third party sources, to market our products and services, including special promotions based on your interests.
You have the right to, at any time, withdraw your consent or object to us using your personal data for direct marketing purposes by contacting us at the address set out below.
We will only keep your personal data for as long as it is necessary for the purposes for which it has been collected or in accordance with time limits stipulated by law and good market practice, unless further retention is necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims.
If you would like to have a copy of the information EF LLS holds about you, or a copy of the standard data protection clauses, or would like to rectify or erase personal data, or restrict the processing of personal data, or otherwise object to our processing, or use your right to data portability, please contact EF Language Learning Solutions Ltd at Haldenstrasse 4, 6006, Lucerne, Switzerland or at email@example.com. If you would like to lodge a complaint, please contact the supervisory authority in the country where you live.
7. EF Class Informed Consent for Research at the Department of Theoretical and Applied Linguistics at the University of Cambridge
The EF Education First Research Lab for Applied Language Learning (formerly the Education First Research Unit) at the Department of Theoretical and Applied Linguistics at the University of Cambridge (“DTAL at Cambridge”) was launched in February 2010 to advance research in the second language learning and teaching of the English language.
The EF Education First Research Lab for Applied Language Learning is sponsored by EF Education First (below EF). As part of EF’s investment in research, EF has partnered with the DTAL at Cambridge and has agreed to gather the written and spoken examination scripts/course assignments of learners of English from EF Testing and Learning Services (including by way of example but not limitation EF Class, EFSET, and EF LLS) to help the DTAL at Cambridge create a rich database for language research studies, known as the EF Cambridge Open Language Database (EFCAMDAT). All examination scripts/course assignments entered in the EFCAMDAT do not contain the personal data of EF students. The Database is available to researchers worldwide investigating learning of English as a foreign language.
When you register to use any of the EF Testing and Learning Services, EF collects information about you, including your personal data, and your examination scripts/assignments. To assist the DTAL at Cambridge in its research, by becoming an EF Testing and Learning Services Member and enrolling in an EF Testing and Learning Services course, you or, if applicable, your parent or legal guardian on your behalf as agreed with EF, hereby agree and give consent to EF to reproduce and transfer to the DTAL at Cambridge and enter into the Database EFCAMDAT any material/information that you author or create during EF Testing and Learning Services courses or activities such as your examination scripts/course assignments (written and/or spoken) and any EF teacher markings and/or corrections. This includes use by the DTAL at Cambridge of your materials in their original and transcribed form in all media and for their full term of copyright. For this purpose, the following personal data will be transferred by EF to the DTAL at Cambridge:
The personal information noted above will only be accessed by authorized personnel involved in the research project at the DTAL at Cambridge. The information will be retained by the University of Cambridge, shall be securely stored and will only be used for the purpose of research, statistical and audit purposes. The information will be processed by the University of Cambridge in accordance with the provisions of the UK Data Protection Act 1998. All examination scripts/course assignments entered in the EFCAMDAT database shall not contain personal data or contact details traceable to its authors.
The “Data Controller” for the processing of data received by the DTAL EF Research Unit is the University of Cambridge, University Data Protection Officer, The Old Schools, Trinity Lane, Cambridge, UK CB2 1TN, tel. +44 1223 332320, fax +44 1223 332332, email: firstname.lastname@example.org.
Any queries you may have about the EF Research Unit program of research at the DTAL at Cambridge and its use of your EF Testing and Learning Services assignments and personal data should be addressed in the first instance to:
Department of Theoretical and Applied Linguistics (DTAL) EF Education First Research Lab for Applied Language Learning
University of Cambridge
9 West Road
Cambridge, United Kingdom
tel. +44 1223 767384
Dr Dora Alexopoulou, Principal Research Associate, DTAL – email: email@example.com
8. Limitation and indemnification
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service or the third party applications is to uninstall any EF Class software and to stop using the Service or the third party applications.
EF LLS shall not be liable for any indirect, incidental, consequential, punitive or special damages, arising out of or related to this Agreement, including, without limitation damages for loss of business profits, business interruption, loss of business information and the like.
You agree to indemnify, defend and hold harmless EF LLS and its affiliates, partners, suppliers, and employees from any and all liability, claims, costs, or damages arising from your use of EF Class or the Services or your breach of this Agreement.
EF LLS may assign the Agreement or any part of it without restrictions. You may not assign the Agreement, or transfer or sub-license your rights under this license, to any third party.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Unless otherwise agreed or required by a mandatory law, these Agreements are subject to the laws of Switzerland, without regard to choice or conflicts of law principles. Further, you and EF LLS agree to the exclusive jurisdiction of the courts of Switzerland to resolve any dispute, claim or controversy that arises in connection with this Agreement. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us at firstname.lastname@example.org.
You agree that if EF LLS does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which EF LLS has the benefit of under any applicable law), this will not be taken to be a formal waiver of EF LLS’s rights and that those rights or remedies will still be available to EF LLS. All covenants, agreements, representations and warranties made in this Agreement shall survive the termination of this Agreement.
Thank you for reading our Terms. We hope you enjoy EF Class.
If you have any questions about EF Class or EF LLS's policies and practices, please contact us at email@example.com.