These Terms govern:
- the use of this Application; and
- any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
LearnItalianOra is operated by:
Theia Moira Ltd
Registered office: 95, Triq il-Kulleġġ l-Antik
Sliema SLM 1379
Malta
Registered with the Malta Business Registry (MBR), company registration number C 63636
VAT No.: MT 2168-2832
Contact email: info@theiamoira.com
Information about this Application
LearnItalianOra, founded in 2024, provides Italian-language learning resources and related services, including educational content, interactive exercises, student accounts, lesson booking and paid lesson services or packages where offered.
The Website is intended to support learners of Italian and, where specifically indicated, teachers and language educators. Some resources are available without registration, while other services require an account, booking or payment.
What the User should know at a glance
- Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users who do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
Terms of use
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.
Single or additional conditions of use or access may apply in specific scenarios and such cases are additionally indicated within this document.
By using this Application, Users confirm to meet the following requirements:
- There are no restrictions for Users in terms of being Consumers or Business Users.
Account Registration
To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document if they think their personal information, including but not limited to User accounts, access credentials or personal data, has been violated, unduly disclosed or stolen.
Account Termination
Users can terminate their account and stop using the Service at any time by directly contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Application
Unless where otherwise specified or recognisable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided in this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Application — All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through this Application, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair the Owner’s legitimate interests;
- offend the Owner or any third party.
Liability and indemnification
EU Users
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer’s fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
US Users
Disclaimer of Warranties
This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at the Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk and users shall be solely responsible for any damage to the User’s computer system or mobile device or loss of data that results from such download or the User’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with the User’s web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service;
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
- any unauthorized access to or use of the Owner’s secure servers and/or any personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
- User’s use of and access to the Service, including any data or content transmitted or received by User;
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties outlined in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s violation of any statutory law, rule, or regulation;
- any content that is submitted from the User’s account, including third-party access with the User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s wilful misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labour actions, infrastructural breakdowns or blackouts etc).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User in the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship before the User’s acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes to these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Application must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner concerning the subject matter hereof and supersede all other communications, including but not limited to all prior agreements, between the parties concerning such subject matter.
These Terms will be enforced to the fullest extent permitted by law.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users who qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
US Users
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
Surviving provisions
This Agreement shall continue in effect until it is terminated by either this Application or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
- the User’s grant of licenses under these Terms shall survive indefinitely;
- the User’s indemnification obligations shall survive for five years from the date of termination;
- the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.
Student Terms
Free trial lesson
Each new student may book one free 30-minute trial lesson, subject to availability. The free trial is limited to one per new student and is intended to identify learning goals, current level and practical requirements before paid lessons begin. No lesson-package purchase is required in order to take the free trial.
Paid lessons and lesson packages
Paid one-to-one lessons normally last 60 minutes. The current Website offers the following lesson packages:
- 5-lesson package: 5 one-to-one lessons, valid for 2 months from the package start date shown in the student record or purchase confirmation.
- 10-lesson package: 10 one-to-one lessons, valid for 4 months from the package start date shown in the student record or purchase confirmation.
Any price shown at the point of purchase is the price applicable to that transaction. Lessons and recurring time slots remain subject to availability. Unused lesson credits expire at the end of the applicable package-validity period, subject to mandatory consumer rights and any written exception agreed by LearnItalianOra.
Contract formation and Purchase Date
For a paid lesson package, the purchase contract is formed when LearnItalianOra confirms the order following successful payment. The date shown in that confirmation is the Purchase Date. Where a statutory right of withdrawal applies, the 14-day withdrawal period runs from the Purchase Date.
The purchase confirmation and the applicable contractual information will be provided electronically on a durable medium, such as email, where required by applicable law.
Payment providers
Payments may be handled through external hosted payment services, including Stripe where offered. LearnItalianOra does not store full payment-card or payment-account credentials on systems under its control. The selected payment provider processes the information required to complete and authenticate the transaction under its own terms and privacy notice.
Statutory 14-day right of withdrawal
Where a statutory right of withdrawal applies, consumers may withdraw from a paid lesson-package contract within 14 calendar days from the date on which that contract is concluded (the Purchase Date stated in the purchase confirmation), subject to applicable law and any mandatory rules on calculating or extending that period, without giving a reason unless a statutory exception applies.
Starting lessons during the withdrawal period — information for students
Students who expressly request that their paid lessons begin before the end of the statutory 14-day withdrawal period may still exercise their right of withdrawal during that period, subject to applicable statutory exceptions. Where lessons have already been provided following such a request, a proportionate charge for services actually provided may apply where permitted by law. The Terms & Conditions are available on the LearnItalianOra website and are provided by email with the purchase confirmation.
If a student expressly requests that LearnItalianOra begin providing lessons during that period, a proportionate charge for services actually provided before the student communicates the decision to withdraw may apply, where permitted by law. An express request to begin early must be documented separately; booking a lesson alone does not constitute evidence of such a request. Any refund will be calculated on the basis of the amount actually paid and the documented lessons provided, in accordance with applicable statutory rules. Charges for late cancellations or no-shows under the booking policy are recorded separately and do not, by themselves, determine the amount that may lawfully be deducted when the statutory right of withdrawal is exercised.
For packages made up of lessons of the same duration and nature, the proportionate amount is calculated by dividing the total package price by the total number of lessons in that package and multiplying that amount by the number of paid lessons actually provided before withdrawal.
- 5-lesson package: where a proportionate amount may lawfully be retained, it is calculated as one-fifth of the package price actually paid for each paid lesson actually provided before withdrawal. The refundable balance is the price paid less the applicable proportionate amount.
- 10-lesson package: where a proportionate amount may lawfully be retained, it is calculated as one-tenth of the package price actually paid for each paid lesson actually provided before withdrawal. The refundable balance is the price paid less the applicable proportionate amount.
No additional withdrawal penalty is added to the proportionate amount permitted by law. Where the contracted paid service is fully performed during the withdrawal period and the legal conditions for loss of the right of withdrawal are satisfied, the statutory right of withdrawal may cease once full performance has been completed.
Where applicable, you may submit an online withdrawal request through the Withdraw from contract function. An acknowledgement containing the content, date and time of submission will be sent by email without undue delay. Instructions for exercising the statutory right of withdrawal will also be made available with the purchase information.
Refund timing and method
Any refund due following a valid statutory withdrawal will be made without undue delay and in any event no later than 14 days after LearnItalianOra is informed of your decision to withdraw. The refund will be made using the same means of payment as the original transaction, unless you expressly agree otherwise, and without any additional fee to you. LearnItalianOra may review the lesson and payment records to determine the correct amount, without delaying a refund beyond the applicable legal deadline.
Refunds after the statutory withdrawal period
After the applicable statutory withdrawal period has expired, payments for unused lesson-package credits are non-refundable, except where a refund is required by applicable law, where LearnItalianOra is unable to provide the purchased service, where a qualifying technical failure attributable to LearnItalianOra prevents the agreed service and cannot reasonably be remedied or rescheduled, where the teacher fails to attend and an appropriate replacement or rescheduling is not provided, or where LearnItalianOra expressly agrees otherwise in exceptional circumstances. This does not affect the consumer’s mandatory statutory rights.
Reasonable evidence may be requested where the relevant circumstances are not already recorded in LearnItalianOra’s systems.
Booking, cancellation, rescheduling and no-shows
Lessons are booked subject to availability through the booking method made available by LearnItalianOra. You may normally cancel or reschedule a booked lesson without losing a lesson credit by notifying LearnItalianOra at least 24 hours before its scheduled start time. If you cancel or reschedule less than 24 hours before the scheduled start, or fail to attend without timely cancellation, the booking will normally be recorded as a late cancellation or no-show and counted as a used and chargeable lesson credit, even if you did not attend. Exceptions may be agreed by LearnItalianOra in genuine emergencies or other justified circumstances. If the teacher or LearnItalianOra is unable to provide the scheduled lesson, no lesson credit will be charged. This booking policy does not limit any mandatory statutory consumer rights, including rights applicable on withdrawal.
If LearnItalianOra or the teacher cancels a paid lesson, the lesson credit will be restored or the lesson will be rescheduled. Where neither solution is reasonably available, an appropriate refund will be provided for the affected paid service.
Lesson materials and appropriate use
Unless otherwise stated, essential teaching materials required for the lesson are provided as part of the teaching service. Students remain responsible for attending lessons with suitable equipment and an adequate internet connection where the lesson is delivered online.
A tutor may refuse requests to complete homework, coursework, examinations or other assessed work on the student’s behalf, or requests that would otherwise be unlawful, deceptive or inconsistent with academic integrity. Such a refusal does not create a right to require the tutor to perform the prohibited work and does not affect any mandatory statutory consumer rights.
Student Area and lesson records
Where a Student Area is provided, the student may use it to view information such as package status, validity, lesson balance, upcoming lessons and lesson history. These records are administrative records of the service and are handled in accordance with the Privacy Policy.