Term and Conditions - Speakingathome
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Terms and conditions, use and liability contract

Terms of Service

These terms and conditions govern the use of the site and the conditions of use of the services provided through it. By using the Website, whether as a visitor, registered user or as a subscriber, you (hereinafter User) agree to these terms of use in their entirety and without reservation.

The operator and Manager of the site, http://www.speakingathome.com, and service provider is Speakingathome, Ltd (hereinafter, SAH), whose full details are contained in the Legal notice of this Website.

Preamble

SAH offers a platform that connects language teachers with registered users for the provision of language training services. It includes conversation lessons and practices.

1. The parties of the contract

The following terms and conditions of use ("terms") of SAH, regulate the contractual relationship between SAH and registered individual users.

By using the Site and/or the Services, the User ensures and declares that said User has sufficient capacity to be bound in accordance with the legislation of the User's place of residence or nationality.

In the event of minor users of the service, there will be his/her legal representative who ensures that he/she has such power to be bound by these terms and conditions on the minor user's behalf and who assumes the obligations arising from this agreement.

Rights and/or credits contracted by the User shall not be transferable to a third party, except for declaration of express conformity of transmission by SAH.

2. Registration and formalisation of the contract

1. The use of SAH has as a precondition registration by filling in a registration form and acceptance of the conditions of use and privacy policy.

The contract between the party concerned and SAH is formalised only by the action of Registration on the Website and upon acceptance expressed in these Terms.

2. Procedure for the formalisation of the Contract of use

The formalisation of the contract of use with SAH will be held as follows.

The User of the Academic service requests the formalisation of a contract for use of the Website by completing, confirming and sending the registration form and after agreeing to the privacy policy and the present Terms. The system will pick up this record and will send a confirmation generated automatically by the system with a link that will serve to confirm the receipt of the application for registration to the e-mail address indicated.

By sending the link, a contract will be formalised between SAH and the user for the use of services themselves.

3. Registration

For the use of the services, registration of data is required by filling in all the data requested on the Registration Page, creating a user name and a password.

Only a person of legal age and full capacity to be bound to the terms required to do so by legislation is applicable to the case. Underage students will need to send an e-mail attaching authorization from their legal tutors.

By using the Site and/or the Services, the User ensures and declares that said User has sufficient capacity to be bound in accordance with the legislation of the User's place of residence or nationality.

3. Use of Websites by Users

  1. The User - who will acquire such status following the procedure described in paragraph 2.2 of the present terms - can subscribe by payment of the rates, the services offered by SAH in the terms as detailed later in this agreement.
  2. The User is solely responsible for the confidentiality of the username and the corresponding password. So the User will be fully responsible for any use that is made of the service provided by SAH through access with said User's username and password.
  3. SAH may restrict or prevent access to services without prior notice if:
  • The user seriously violates any of these terms of Use or the rights of intellectual or industrial property of SAH.
  • The user uses the service for illegal or criminal activity.
  • There is the suspicion of unauthorized use of a user name or password.
  • There is a default or chargeback of a subscription.
  • There is a fraudulent or abusive use in the acquisition of the trial class.

4. - Use of the website by Users: Conditions, rates, payment terms and penalties.

All services offered by SAH will be made Online via Skype. SAH does not offer, in any form, on-site services.

4.1 Conditions of service

The service will be provided by native teachers of the language requested by the User among those offered by SAH.

The User acquires credits that may be redeemed for services via Skype according to time and the credit determined for each course.

Such credits will have a validity of one year. Therefore, if after this period, the credits have not been used, the User accepts that the right to use them has been lost and expressly consents that he/she renounces any claim for any restitution of amounts corresponding to appropriations not used within that period.

4.2 Service Provision

Once a subscription is paid, the User acquires credits that may be used in the timetable that suits the User based on the availability of teachers at the time requested by the User.

Upon Request of a lesson by the User for a time and date, SAH will show the User available teachers and their hours of availability from which the user can choose one to schedule a lesson.

Lessons will be reserved by the user through the portal, given required minimum prior notice set specifically for each of the teachers at the time of reservation.

The User expressly acknowledges the impossibility of SAH to monitor lessons, both for technical reasons and for reasons derived from the proper policy of strict compliance with the legislation on Data Protection.

4.3 Cancellation of the appointment in case of incidents

Both parties, SAH and the user may cancel the appointment without penalty with a minimum notice of 12 hours beforehand.

The appointment cancellation method:

  • For the User, through the use of the portal within the personal account that has been assigned.
  • For SAH, through the sending of an email to the User's email provided at the time of registration. Or by sending a text message to the Skype account provided by the User at the time of registration.

The User agrees to be connected with the skype account provided at registration, on the date and time of the reserved lesson. Where the student is not timely, the Teacher is not obligated to extend the lesson in which the student was absent.

The lesson shall be understood to have been given and service provided if after 15 minutes from the concerted hour the student has not appeared for the service.

If upon arrival of the lesson, the teacher is not available or connected, the User is obliged to send an email to the Email address indicated Email, notifying SAH of the incidence. SAH, once confirming the incidence, will proceed to refund the User of the credits corresponding to the lesson reserved and not provided.

The suspension of a lesson under the terms of the previous paragraph does not suspend the period of validity of one year set for the credits.

Cancellation by major force or incident:

  • In a case in which the User is unable to attend a lesson by reason of major force or incident of an exceptional nature, the User will notify SAH promptly via email with a maximum period of 24 hours with the reasons and circumstances that prevented the User's attendance and to provide as much evidence as possible.

In case of a circumstance by SAH, after consultation with the TEACHER, credits for the lesson not given will be returned. This is without any implication of the suspension of the period of validity of paragraph 4.1 of the present terms and conditions.

  • In case of default by the teacher by reason of major force or incident, SAH will impart to the User the reason provided by the teacher for the failure to appear, and in any case will return to the User credit for the lesson not given.

4.4 Fees

The price payable by the User to access the services is determined according to the contracted hours and the duration of the lessons.

The specific fee amounts will be detailed on the page of Rates on the portal at the time of the acquisition of credits.

The modification of the page Rates will not affect existing appropriations and those not consumed by the User.

4.5. Payment Terms

The payment of the services offered is made prior to the scheduling of lessons and the provision of the service.

SAH offers the following forms of payment for the use of the service.

  • PayPal
  • Credit card (Visa, Mastercard, AMEX)

4.5. Contents Included by Users

Text, music, images, drawings or graphic, artistic and intellectual expression entered by users will be your sole responsibility.

Given the nature of the service, SAH is unable to control the content provided by Users, and thus the User acknowledges this fact by agreeing to these Terms. The User expressly accepts any liability of the type that is derived from the elements introduced in the format.

User expressly acknowledges that SAH only provides an instrument in which the elements introduced by the User will be its absolute and full responsibility and that SAH is unable to control such elements...

To this end, the User agrees to refrain from introducing into the tool the following contents:

  • Illegal content
  • Content regarded as pornographic, vulgar or obscene, harassing or that could be considered in any way as offensive even though they were not violating the law.
  • Irrelevant and unclear descriptions
  • Extremist content, racist or xenophobic or content posted by banned groups
  • Content interfering with the rights of third parties (in particular, a person's rights, intellectual property rights, trademark rights, patent rights or any other rights of third parties)
  • Content that could be considered commercial advertising or spam
  • Content that could damage the public image, reputation or brand of SAH, as well as its partners, workers, other users of the service or third parties.

SAH reserves the right to suspend or to unsubscribe the user that uses or introduces any of the mentioned contents. Any remaining portion of the subscription will not be refundable in this case.

In any case, it it will be understood that there is a reasonable suspicion under the terms of the preceding paragraphs about which SAH was warned by third parties, holders or against the rights, of the existence of any of the acts mentioned in the preceding paragraphs. This excludes cases in which this warning could be deduced without a doubt to lack foundation.

Discharge and exclusion from the service is reversible, once it is proven that suspicion lacked foundation. In no case does the User have rights to indemnification. By agreeing to these Terms, the User expressly renounces any right to claim any type of indemnification for this case.

4.6 Video recording of lessons

SAH, among their complementary services, facilitates the possibility that lessons can be recorded by the TEACHER in order to subsequently send such recording to the User.

Because SAH does not take part in the act of recording, it cannot guarantee completion, which is conditioned on the availability and functioning of the technical means or connection necessary for the User and TEACHER of said recording. Means to which SAH has no access.

The User recognises that the recording of lessons will be exclusively upon express request by the User at the time of the request for the recording and the terms set out in the SAH privacy policy. The recording will be done and will be sent to you directly by the TEACHER. And it will only be used for provision to the User, as a means of analysis of the quality of the service provided or case of conflict among any of the following: User, Teacher, SAH.

The User expressly acknowledges that SAH does not store the recordings on their servers or have direct access to them. And that any claim or exercise of rights to said recording, its content or use outside these terms and conditions should be addressed to the teacher on whose computer the file of the recording is stored.

For delivery of the recording, the User must put at the disposal of the teacher, who will be in possession of the recording, a mechanism of cloud storage arranged for that purpose or by maintaining connection with the teacher for a duration sufficient for the transmission of the file via Skype on the time and date determined by the teacher.

Recording of the lesson will not involve any additional charge in credits purchased by the User.

4.7 Free trial lesson offer

SAH may offer the possibiltiy to get a free trial lesson to new students. This lesson will be only acquired once the new student has completed the steps specified in the sign up process of the website. One student can only get one trial lesson. In case the student doesn't attend to the lesson or if any technical issue happens, The lesson will be lost with no cancellation.

5. - Contractual obligations of the User

  1. Users are obliged to protect access data to the Websites against unauthorized use by third parties. Access, especially the password, may not be disclosed, transferred or transmitted in any case. The user is responsible of any unauthorised conduct made possible by abuse or illegitimate use of login details for the associated use of SAH services due to a negligent, or wilful attitude of the User in the custody of said login details.

If the User is aware that his/her login details have been revealed to third parties, the User is obligated to change his/her password immediately. If this is not possible, it must be immediately reported to SAH.

  1. During the registration process it is required of the User that an email address is provided that is always reachable. The User accepts the use of this email address for notifications in the context of its relationship with SAH
  2. The valid email address of the User is exclusively the last communicated to SAH. In the event that the email changes, the User is obligated to provide a new email address immediately to SAH. The user is responsible for any effect or damage caused by a possible lack of notification to the new email address.
  3. The user agrees not to use or forward mechanisms, software or other scripts in connection with the use of the websites that could endanger, damage, or destroy the functionality or availability of the platform. And, in particular, attachments or content that contain viruses, or that are pyramid schemes, mass emails ("spam"), chain mail, or that hinder the services of the websites.
  4. The User agrees not to modify, overwrite or delete any content created or managed by SAH or any other User or Professional.
  5. The registered User expressly assumes the costs to provide the necessary technical means to use the services of SAH, and in particular, the hardware, the necessary software (for example: Internet browser) and services for telecommunications and data transmission.

SAH does not guarantee the compatibility of its services with the individual software or hardware of the user's computer.

6. - Intellectual property

6.1 Ownership of SAH

  1. SAH is the owner of the rights of intellectual and industrial property of the Website, and also owns or has licensed the rights of intellectual and industrial property and image of all the content available through it.
  2. In no event shall it be understood that access, browsing or use of the service by the User implies a renunciation, transmission, license or total or partial assignment of such rights by SAH.
  3. The user expressly acknowledges that the use of the service covered by the contract will not generate any right of intellectual or industrial property transmission, nor does it grant this user any license on the content owned by SAH outside of rights within the limits established in paragraph 4 of these terms.

6.2. Prohibition of availability

  • As a result, the user is not allowed to ignore, evade or manipulate the copyright and any other data identifying the rights of SAH, as well as technical protection devices, digital fingerprints or any mechanisms of information or identification that might be contained in the content.
  • It is also forbidden to modify, copy, reuse, exploit, reproduce, communicate publicly, make second or subsequent backups, upload files, mail, transmit, use, treating or distributing in any manner all or part of the contents included in the Website outside of the use that is specific to the service provided by SAH if there is no authorization by expressed written consent of SAH.
  • Use of the service does not generate intellectual property or any industrial rights thereon by the User.

6.3. Use of the Website

The following are expressly forbidden:

  • The publication of any material contained on this Website in any medium, as well as their sale, rental, display, reproduction, copy or any other form of exploitation of material contained on the site for commercial purposes.
  • Editing or otherwise modifying any material on the Website;
  • Using the Site in any way that affects, or may affect their availability or accessibility.
  • Using the site or its services as a means to copy, store, to stay, transmit, send, use, publish or distribute any material which consists of, or is connected with, any type of virus or malicious code.
  • Carrying out any activity of automated and systematic data collection on or in relation to the Site without the consent from SAH that is both expressed and in writing.

6.4 Ownership of the Teacher

The User acknowledges explicitly that the use by the Teacher of kinds of media such as books, drawings, films, movies or any other content subject to intellectual property rights does not mean transmission or license of any such rights in favour of the student.

Furthermore, the User acknowledges that the TEACHER is responsible for the use of such elements, exempting SAH of any claim in this regard.

7. - Benefits of SAH, the availability of websites

SAH offers the availability of the service as described in these terms and guarantees a technical accessibility to websites 97% of the month.

Without prejudice to the generality of the foregoing, SAH cannot guarantee that:

  • Website or services will be constantly available, or available at all, or
  • Transmission of data to or from the site are of a minimum speed,

8. - SAH liability and limitations of liability

The sole function of SAH is to present a service of intermediation between teachers and Users. Therefore, both parties - SAH and Users - expressly recognize that activity and responsibility of SAH is limited to the proper provision of the service offered.

In the event that the User understands that the standards supplied by SAH in the benefit of some of the lessons or on the part of some of the teachers have not been met, the User, prior to filing any kind of claim, agrees to direct to SAH the corresponding claim by Email, giving any objective data and evidence available. Include Video if such recording took place.

In the event that it is credited by SAH, and after hearing the teacher, a poor service delivery, SAH will return the payment, corresponding to the lesson that was the object of the claim.

In any case, by accepting these terms and conditions, the User agrees that SAH is only liable up up to the maximum amount equivalent to the value of the Credits charged to the User for the lesson that is the object of the claim.

Using the SAH website or the services provided are the User's responsibility. Given the circumstances of the environment and the means, SAH, despite having taken all reasonable measures to secure it, cannot completely guarantee that the content associated with the service is error-free or that the use of such material will not infringe on rights of third parties. SAH can not absolutely guarantee that the functional aspects of the site are error-free or that the site or the servers that make it available are free of viruses or other harmful components. SAH reserves the right to correct any errors on its website.

If the use by the User of the Website or other content or services results in the need of repairing or replacing property, material, equipment or data, or causes injury to people or damage to property, the company is not liable for the costs generated.

The user shall at the same time take protective measures on their computers that are considered generally appropriate

9. - Changes to the terms and conditions

SAH reserves the right to change or extend these terms and conditions in the future. Any changes or additions will be, per the choice of SAH, indicated on the Web or by email individually to each User registered to the Email address registered at the time of the changes.

If the User is not expressly opposed before the end of the term of his/her subscription, or within the term of one month, changes, or additions, shall be deemed as accepted.

10. - Sanctions, termination and revocation

SAH reserves the right, always with respect for the rights and legitimate interests of the User, when there are indications of an infringement on the other hand against the laws in force, the rights of third parties or violation of the obligations arising from these terms and conditions, to:

  • warn users, so that they cease the harmful activity
  • restrict the use of the websites
  • the extraordinary termination and closure of the account of the User

2. Termination of the user agreement

(a) extraordinary termination and closure of account by SAH

SAH reserves the right to terminate the contract with the User in an extraordinary way and prevent access to websites in the event of a breach by the User of any of the points set out in these terms and conditions, as well as when the User:

  • provides false contact information, particularly a false or incorrect email address.
  • maintains offensive, degrading, aggressive, threatening or disrespectful attitudes with the teachers.
  • transmitted or transferred his/her account to another user.
  • damaged or caused damages to other Users,
  • damages the reputation or public image of SAH
  • undertakes activities, formulating either opinions or including illegal or offensive content
  • undertakes any activity that is understood as not appropriate within the operation of SAH
  • has a non-payment or rejection of the charge on his/her account or card

In the event of termination and cancellation of the account by SAH in the above terms, the User subject to this penalty, is not entitled to the recovery of the blocked account. In this case, access is prohibited even if it is through other accounts or usernames.

The cancellation of the User account under the terms of this paragraph will generate the right to compensation in favour of SAH, at least, the amount paid by the User for credits not consumed at the time of the cancellation. With a minimum fixed amount of 200€ as compensation for the management, administrative, financial or any other costs incurred by SAH

In any case, the amount set out in the preceding paragraph does not limit the liability of the User for their actions, and SAH reserves expressly many actions it deems necessary in defense of its interests of any kind or restitution for the damage caused.

(b) the termination of the contract by the User may occur at any time and without giving any cause. Such waiver of the contract by the User, should be undertaken a maximum of one month before the maximum period of validity of the existing credits fixed in section 4.1 of the present terms and conditions and by sending an email to the address.

Once this right of unilateral resolution is exercised by the User, SAH will proceed to return the following amounts to the user depending on the circumstances.

  • If the waiver or unilateral termination by the User occurs during the first 30 days since the acquisition of credits and without consuming any of these, SAH will return all of the amount paid.
  • If the waiver or unilateral termination by the User occurs subsequently to the first 30 days since the acquisition of credits; or having consumed some of them even within the first 30 days, SAH will credit the User only the amount corresponding to 50% of the credits acquired but not consumed as compensation for the costs of management, administration and financial

(c) the contract by SAH may be terminated by SAH at any time and with any User.

In this case, SAH will pay to the User the amount of credits he/she purchased and did not use.

The notification of the termination of the agreement by SAH will be undertaken by writing to the email address listed as location of the user notifications.

SAH, in case of unilateral termination of the contract, will proceed to refund the amounts paid by the User and not effectively used.

3. A request for cancellation of a contract must be in writing by email sent from the email that is registered in the account of SAH.

Cancellation by SAH shall be in writing, by fax or by email.

11. - Applicable law and jurisdiction, invalidity

The contract contained in these terms and conditions is subject to the law of Spain.

The parties in the contract subject to these terms and conditions agree to submit in any discrepancies on the object, content or interpretation thereof, to the courts and tribunals of Madrid in all cases in which an Imperative Law did not state otherwise.

If one or more of the provisions of these terms and conditions were declared void by a court, such declaration of invalidity will not affect the validity of the other clauses of the contract, which shall remain valid, applicable and enforceable on the parties.