Rosetta Stone® TOTALe Purchase Agreement - Terms & Conditions

If you’re an individual, and you’re placing an order you must be 18 years or older and resident in the UK or incorporated as a business in the UK or Northern Ireland to purchase any products or services from us.

• Minimum Contract Term - Your Rosetta Stone^® TOTALe online subscription plan requires a term contract commitment of 12 months ("Initial Term").
• Payment Terms - Your TOTALe online license begins upon purchase and the Initial Term will end 12 months following purchase. The first payment of £20.00 plus VAT at the standard rate will be charged to your card account when the order is placed.  Eleven additional monthly payments of £20.00 plus VAT at the standard rate will be charged to your card account thereafter for your TOTALe online license, for a total of payments of £240 plus VAT at the standard rate.  VAT at the standard rate as well as any other applicable taxes will be due in addition to all payments due.

  You must provide us with complete and accurate payment information.

  We may alter your Direct Debit or credit card instruction if your Subscription Payment changes for any reason, including changes to the rate of VAT due or applicable taxes.  We may also charge any other payment due under this Contract under your Direct Debit or credit card instruction together with any other payments which you agree that we may charge under that instruction.

  This agreement is governed under the Consumer Credit Act 1974

• Breach of contract/terms & conditions - By accepting these terms & conditions you agree to be bound by them. You understand that Rosetta Stone reserves the right to charge a default/compensation payment "default payment" under the terms of this Contract if you are in default on the performance of any of your obligations under this Contract, including your obligations to make monthly payments when due. This default payment will be calculated by reference to the total amount that would have otherwise been payable by you under this contract, less any payments you have already made. If Rosetta Stone does elect to charge a default payment for breach of contract/terms and conditions, you understand that you will be obligated to pay this charge immediately and that it will be treated by us a compensation. We may charge these amounts directly to the credit or debit card which you have provided the details of to us. We will give you reasonable written notice before these charges are made.
• Rights After Default – In the event that Rosetta Stone charges a default payment for your breach of contract/terms and conditions, you agree that Rosetta Stone shall have the right to suspend your access to the online services provided through the product and require you to pay interest from that date calculated upon the amount legally owed by you under this Contract at an annual rate of interest which is the highest rate allowed by law.
• Auto-renewal – After your initial 12 month commitment, your purchase of Rosetta Stone TOTALe today includes enrollment in the TOTALe Automatic Renewal Service, allowing you to conveniently maintain your progress and access on a month-to-month basis.  By purchasing today, you authorize Rosetta Stone to automatically charge your credit card upon the expiration of the initial 12 month contract term, at the same monthly payment amount (inclusive of tax) on a monthly basis without any action by you, until you cancel the renewal service.  You may cancel the automatic renewal feature at any time and at least 15 days prior to the expiration date by contacting Customer Service at http://success.rosettastone.com. Auto-renewals are not eligible for additional promotions or discounts.
• Cancellation – You may cancel your purchase by calling 0800 005 1220 within the first 14 working days from the order date; thereafter, your TOTALe online 12 month subscription purchase is non-refundable. If you cancel after the 14 working days and during the Initial Term of your 12 month online plan, you will be subject to the obligation to pay the default payment as described above; no refunds will be paid.
• Taxes, Surcharges, and Fees – VAT at the standard rate and any other applicable taxes will be due on your purchase, and will be calculated and added to each installment payment based upon the applicable subscription term of the plan you purchase.
• Data Protection - Rosetta Stone will take all reasonable precautions to keep the details of your order and payment secure in compliance with the data privacy policy.  However unless Rosetta Stone is negligent, Rosetta Stone will not be liable for unauthorised access to information supplied by you.
• Limitation of Liability - in accordance with the Terms Of Use (TOU), if you are a consumer, Rosetta Stone shall not be liable to you for any loss or damage in circumstances where:

  - there is no breach of a legal duty owed to you by Rosetta Stone or by its employees or agents;

  - such loss or damage is not a reasonably foreseeable result of any such breach;

  - any increase in loss or damage resulting from breach by you of any term of this contract.

  Nothing in these conditions excludes or limits the liability of Rosetta Stone for death or personal injury caused by Rosetta Stone’s negligence or fraudulent misrepresentation.

   

  If you are a business customer, Rosetta Stone shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement:
  
  

  • loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of   the possibility; or
  • any indirect or consequential losses, liabilities or costs.

  If you are a business customer, then the aggregate liability of Rosetta Stone (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the goods or services in question.

• Terms of Use - By purchasing the TOTALe online product, you agree that your right to access and use the TOTALe online product is subject to the Terms of Use Agreement
• Governing Law and Jurisdiction - These agreement terms will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.

Customer Services: 0800 005 1220