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Last update: 18.11.2024
TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY. BY UTILIZING THE FUNCTIONALITY OF ENGLISHDOM PLATFORM, YOU AGREE TO COMPLY WITH THESE TERMS OF USE, APPLICABLE LAW, AND GENERAL ETHICAL AND MORAL STANDARDS.
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SERVICES OF ENGLISHDOM PLATFORM.
1. DEFINITIONS.
1.1. Platform (the "Platform," "Site") - Englishdom website, located at https://www.englishdom.com/, and its subdomains englishdom.com.ua, englishdom.ua, through which Englishdom Services are provided, as well as access to informational and analytical materials on it in accordance with the provisions and conditions stated in these Terms of Use.
1.2. Englishdom Services (hereinafter "Services") - provision of access to the internal functionality of the Platform for Teachers. Through these internal features, Teachers can conduct independent English language learning consultations on a commercial basis. To provide such functionality to Teachers, the Platform offers access to certain features to Students and conducts advertising activities.
1.3. Learning – the relationship that arises between the Teacher and the Student regarding the provision of consulting services for learning English, utilizing the functionality of the Platform.
1.4. Lesson – a single consultation for learning English, which may vary in duration, according to agreements between the Student and the Teacher. The basic functionality of the Platform provides for a 50-minute lesson.
1.5. Student Payment – the amount of prepayment for the Teacher's services, conducted through the Platform's functionality.
1.6. Visitor – a natural person who uses the Platform without registering a Personal Account.
1.7. User – a Visitor who has registered a Personal Account as a Teacher or Student and uses the internal functionality of the Platform.
1.8. Personal Account (hereinafter "Account," "Account") - the User's personal account on the Platform, whose registration grants the right to use the Platform's functionality under the terms defined by these Rules.
1.9. Content - any informational materials, including textual, graphic, audiovisual, and other materials, to which the User may gain access in the process of using the Services.
1.10. Teacher - a natural person acting as an independent contractor, who is not an employee, agent, franchisee, officer, or partner of the Company. Uses the Platform solely for providing remote consultations on specific issues related to learning English.
1.11. Support Manager - a natural person who provides consultations to Users on specific issues related to the use of the Platform's internal functionality.
1.12. Student - a Visitor who has registered a Personal Account as a Student and uses the functionality of the Platform.
1.13. Bonus Lessons - services provided by the Teacher, lasting 50 minutes, covered by the Platform's commission rewards, to which the Student is entitled under certain conditions of promotional campaigns or marketing campaigns.
2. WHAT YOU AGREE TO BY ACCEPTING THESE TERMS OF USE?
2.1. Parties.
These Terms of Use (hereinafter "Terms") regulate the process of using the Platform, ethical standards, and general rules of interaction between Users and the company Alright Limited, registered under the laws of Cyprus, address: Florinis, 7, Greg Tower, 2nd floor 1065, Nicosia, Cyprus, company registration number: HE 418328 (hereinafter "We", "Englishdom", "Company", "our", "us", "our") regarding the use of the Platform, as well as the provision of Englishdom Services in accordance with these Terms.
2.2. Personal Account.
A condition for using the Platform is the registration and authorization of a Personal Account (Student or Teacher). By registering an Account, you guarantee that the information you provide is true, current, accurate, and complete. You also guarantee and confirm that you are a competent person and will comply with the terms of these Terms.
Only an adult Visitor may register an Account on the Platform. Minors may use an Account exclusively with the permission of their parents or legal guardians. Any actions performed through an Account on the Platform are considered to be performed by the adult User who registered the Account.
You independently determine the terms and manner of using the created Account. You are also responsible for maintaining the confidentiality of your account data, including your login and password. All actions performed on the Platform using your login and/or password are considered your actions.
You confirm that only You have access to and use the Account.
In case of unauthorized access to your account, you must immediately notify us. In the absence of such notification, you, as the lawful owner of the Account, bear responsibility for all actions performed on behalf of your Account, except in cases where such failure to notify was due to your unawareness or incapacity.
The Platform encourages adherence to ethical and moral norms, legislation, and recommendations described in these Terms; otherwise, the Platform reserves the right to restrict access to the Platform's functionality or completely terminate access to the Account.
2.3. Subject Matter.
Englishdom Platform provides Teachers with access to the following functionalities:
- Tools and services for providing individual remote consultations;
- Organization of groups and conversation clubs;
- Methodological recommendations for conducting individual consultations;
- Additional functionalities of the Platform;
Englishdom Platform receives a commission solely from the Teacher's income. Students pay for the Teacher's services for English language learning consultations or other services offered by the Teacher using Englishdom Platform. Payment is processed through the functionalities and tools of Englishdom Platform.
All relations between Users are determined by the Teacher. Englishdom Platform provides tools for facilitating these relations and, upon User's request, can offer methodological, commercial, and other types of recommendations. The User agrees to be solely responsible for familiarizing themselves with the terms of access to Englishdom Platform's functionalities.
Englishdom Platform offers support in utilizing all its digital products and ensures compliance with ethical and legal norms of conduct and interaction among its Users.
3. USAGE PROCEDURE OF THE PLATFORM'S FUNCTIONALITIES
3.1. Basic functionality
Englishdom Platform's tools enable Students to search for and select a Teacher for individual or group consultations on English language learning. Englishdom Platform may recommend Teachers to Students based on their requirements and preferences with the Student's agreement.
Englishdom Platform has the right to encourage Students to search for or select Teachers' services through advertising or promotional campaigns, offering discounts or special deals.
Englishdom Platform is not responsible for the communication process between Users but monitors compliance with general rules and ethical standards when using the Platform.
After selecting a Teacher, the Student chooses a Schedule for consultations according to the available slots opened by the Teacher. The agreed schedule is reserved for the Student for 7 (seven) days from the date of the trial lesson. If the Student does not make a prepayment to the Teacher for services through Englishdom Platform's tools within the specified period, the reserved schedule is canceled.
The basic functionality of Englishdom Platform sets the duration of a slot at 50 minutes.
Englishdom Platform provides functionalities for communication between Users.
Technical settings of Englishdom Platform allow a Student to cancel two lessons every 30 days by pressing the "Cancel lesson" button in their personal account 6 hours in advance; one of these lessons must be rescheduled within 10 days. If the cancellation is not notified in time (less than 6 hours), the lesson is considered as having taken place and is subject to full payment to the Teacher.
If the Student is unavailable for the lesson at the scheduled time, within 15 minutes, the lesson is considered as having taken place and is subject to full payment.
If the Student does not receive a call from the Teacher at the scheduled time (plus 10 minutes), they have the right to contact the Support Manager through the chat in their personal account to record the fact that the service was not provided by the Teacher. Lessons not held due to the Teacher's fault are rescheduled to another time agreed upon between the Student and the Teacher.
Users have the right to terminate their relationship early. In this case, Users must inform Englishdom Platform through the Support Manager.
For Englishdom Platform's functionalities to work, an Internet connection is required. Neither the Teacher nor Englishdom Platform is responsible to the Student for services due to the absence of necessary software or technical problems with the Internet.
3.2. Conversation Club.
Englishdom Platform provides Teachers with access to the "Conversation Club" class format. Students independently join these sessions through online schedule reservations.
The Student understands and agrees that Englishdom Platform is not responsible for the communication process between them, other Students, and Teachers.
Users use the online schedule feature to independently plan their class schedules. Englishdom Platform may recommend to the Teacher regarding the optimal time for holding a class or overall scheduling.
A Student may have no more than 1 (one) class booked at a time. A class is considered booked until it has been fully conducted.
By purchasing a monthly subscription, the Student is entitled to attend an unlimited number of classes during the subscription period. The Platform's functionality allows forming a group of no more than 12 people. The duration of a class is 50 minutes.
Upon purchasing a subscription, the Student and the Teacher enter into similar relations as when purchasing a specific number of classes. Funds paid by the Student are credited to the income of the Teacher who provides services to the Student during the subscription period.
If the Student does not receive a call from the Teacher at the scheduled time (plus 15 minutes), they have the right to contact the Support Manager through the chat in their personal account to record the fact that the service was not provided by the Teacher.
3.3. Online Course.
Access to online courses is provided to the Student on Englishdom Platform.
The Student independently plans the schedule for completing the Online Course at any convenient time.
Upon completion of the course, an online Certificate in the form of an image is automatically generated for the Student. The Student has the right to print the certificate themselves.
3.4. Technical requirements.
Englishdom Platform does not bear responsibility and does not guarantee that in the process of providing Services, there will be no technical or any other problems, including malfunctions in operation during the provision of Services; that access to the Services will be provided continuously, quickly, reliably, and without errors; that all errors in the operation of the Platform and third-party services will be corrected.
Users agree that Englishdom Platform provides no warranties and bears no responsibility for the User's failure to access the Platform's functionalities due to the User's lack of technical capabilities to gain such access, including problems with Internet access.
Minimum system requirements for PCs:
- Windows, Ubuntu Chrome, Firefox, Opera, Mac OS Catalina of recent versions;
- macOS Safari, Chrome of recent versions;
- Processor i5 or equivalent;
- RAM 8 GB;
- Operating system Windows 10;
- Internet 50 Mbps.
Minimum system requirements for Mobile Phones:
- Android Chrome, Samsung Internet Browser of recent versions;
- iOS Safari, Chrome of recent versions;
- iOS 15;
- Android 12;
At the same time, Englishdom Platform does not bear responsibility and does not guarantee that the User will achieve any results from using the Platform; the completeness, reliability, and quality of the Content; the functionality, Services, and Content meeting the expectations and/or requirements of the User.
4. COST AND PAYMENT PROCEDURE.
4.1. Cost and Payment.
A Commission from the Teacher for access to the functionalities of the Platform is charged by Englishdom Platform according to the Agreement between the Platform and the Teacher.
The Student pays for the services provided by the Teacher using the functionalities of the Platform.
The Teacher independently forms the pricing for their services. Englishdom Platform may recommend certain Rates to the Teacher within the framework of maintaining fair competition and general market trends. Englishdom Platform has the right to introduce discounts, promotions, or giveaways as part of marketing campaigns only within the limits of its own commission reward to stimulate demand for Teachers' services. Information about the maximum cost of Teachers' Services is indicated on the Platform. This information is advisory and recommendatory in nature. Users acknowledge that they are acquainted with this information.
The Student's payment is made in the Personal Account. The Student's payment is made by a hundred percent prepayment according to the cost of the Teacher's services for a certain number of classes. The moment of payment is considered to be the receipt of funds into the Platform's account. The Teacher may not provide services until the confirmation of the Student's Payment by the Platform.
Neither the Company nor the Platform processes personal data of payers provided in connection with payment processing by the processing center. The Company and/or the Platform do not store banking card details on their resources, including servers, cloud storage, etc.
The User is independently responsible for the accuracy of their payments or the details provided for receiving funds. All fees and charges are paid by the User themselves.
The Teacher has the right to change the cost of providing services at any time.
Englishdom Platform has the right to change the amount of the Commission for providing access at any time.
Englishdom Platform monitors and publishes information about the maximum cost of Teachers' Services.
4.2. Marketing Campaigns.
We reserve the right to provide Users with access to certain functionalities of the Platform for free or at a reduced fee under special conditions. Information about the special conditions is available on the Platform. Users are responsible for acquainting themselves with the special conditions.
Permanent special offers include the following promotions: "Refer a Friend", "Family Discount", "Quick Start".
Under the "Refer a Friend" promotion, 3 (three) bonus lessons with a Ukrainian-speaking Teacher are provided both to the current Student and to the Student who joined the Platform by invitation, provided that the referred User follows the referral link provided by the existing User and pays for any lesson package.
"Family Discount" - a discount of 10% on Teacher services is provided when the Platform is used by students from the same family. The discount is offered to one family member's choice.
As part of the "Quick Start" promotion, the Student is provided with Bonus Lessons upon submitting an application for training and paying for a lesson package of at least 10 (ten) lessons within an hour after the trial lesson.
When providing the Student with additional lessons as a bonus or incentive, the Student cannot demand monetary compensation if, for some reason, such additional lesson was not conducted by the Teacher, or if the Student refuses from such lesson. Such bonus lessons are conducted after all the lessons paid for by the Student have been completed.
Accrued bonus lessons cannot be transferred to other accounts.
4.3. Refunds.
Englishdom Platform monitors the legality of the services provided by the Teacher to the Student. Users agree that the Student's prepayment to the Teacher is held in the accounts of the Platform until the Teacher provides the services. The Teacher has the right to withdraw funds equivalent to the actual services provided.
If Users terminate their relationship, the Student has the right to request the Platform to transfer the remaining Student Payment to their own details.
The recalculation of the refundable funds is done without considering special conditions at the maximum rate for the actual services provided. Provided bonus lessons are canceled. All fees and commissions are paid by the Student independently.
We adhere to international Visa/Mastercard standards regarding the dispute of chargebacks, whereby if a User decides to resume training after a long period of non-use of lessons (120 calendar days from the cessation of use), Englishdom Platform has the right to recalculate the price of lessons according to the cost effective at the time of such resumption.
4.4. Gift Certificate.
Englishdom Platform provides access to the "Gift Certificate" functionality (hereinafter "Certificate"). The Certificate can be used by a Student to whom such a Certificate was gifted or by a Student who purchased it.
Upon activation, the Certificate has the status of the Student's Payment. The Certificate cannot be used to access any other services or functionalities of the Platform. The Certificate does not apply to any special conditions. The Certificate cannot be used in conjunction with any promotional offers or discounts in any form.
The Certificate is valid for 90 days from the moment of its payment. Within 14 days after the payment of the Certificate, exclusively the User who purchased it can request a refund from the Platform.
To activate the Certificate, the User who was gifted the Certificate or the User who purchased the Certificate enters the promo code indicated in the Certificate on this page.
An activated Certificate is considered used and is not subject to exchange or refund in any case.
The Certificate can be gifted only once and only to one User or another person (entity). In this case, under no circumstances can funds be returned and/or sent to such an entity in the event of the return of such a Certificate.
By purchasing or activating a Certificate, the User confirms that they are acquainted with the terms of these Rules.
5. RULES OF USING THE PLATFORM AND SERVICES.
5.1. Prohibitions and Restrictions in Using the Platform.
By using the Platform, the User agrees that:
- The use of the Platform is carried out exclusively for purposes permitted by these Rules, complying with their provisions, as well as applicable law and generally accepted practice, and does not infringe on the property and/or personal non-property rights of third parties.
- The User cannot post Content that:
- is explicitly offensive, for example, promotes racism, fanaticism, hatred, or physical harm of any kind against any group of people or individual;
- degrades the dignity or justifies the degradation of the dignity of any person;
- includes "junk mail", viral letters, unsolicited mass mailings or spam, third-party URLs, email addresses, or phone and fax numbers;
- disseminates false information that is misleading or promotes illegal activity or behavior that is offensive, threatening, obscene, shameful, if you are beforehand aware of the nature of such information;
- promotes illegal or unauthorized copying of copyrighted works, for example, posting pirated files or links to them, providing information that allows bypassing equipment installed for copyright protection;
- contains pages with restricted or password-only access, or hidden pages or images (both related and unrelated to an accessible page);
- publicly displays unacceptable Content or other materials (including, for example, nudity, bestiality, pornography, scenes of violence or criminal activity);
- provides materials aimed at exploiting individuals under the age of 18 or to the age of majority in your jurisdiction;
- provides instructions for committing illegal actions, including manufacturing or purchasing illegal weapons, violating privacy, creating or uploading computer viruses;
- is created by terrorist groups or supported by them, or is Content that promotes terrorist acts, including recruitment;
- solicits passwords or personal information from users for commercial or unlawful purposes;
- engages other users in commercial activity without prior agreement with the Company (for example, contests, sweepstakes, barter, or advertising);
- The User must not engage in any actions aimed at causing harm or interfering with the operation of the Platform; to gain unauthorized access to data, personal information from the Website.
Despite the established norms and rules, when using the Platform, Users may encounter Content that they may consider offensive or indecent or otherwise violates applicable law and the rights of third parties.
Users can file a complaint about the actions of other users who violate these Rules to our email address specified on the Platform.
The Platform reserves the right to record lessons in video format to ensure compliance with the terms and recommendations outlined in these Rules. By creating an Account on the Platform, the User consents to the recording of lessons and the processing of such data in accordance with the Privacy Policy.
5.2. Content.
User Content.
The User has the right to post (including broadcasting from external sources), edit, and delete Content on the Platform (including their reviews and comments) while adhering to the requirements of these Rules.
The User bears personal responsibility for the published Content. We are in no way associated with the Content posted by other Users and do not check the content, authenticity, and safety of this Content or its components, its compliance with the requirements of applicable law, and their possession of the necessary scope of rights for its use.
By posting Content on the Platform, the User automatically confirms and guarantees that they have the right to grant, and simultaneously grants the Company an irrevocable, perpetual, non-exclusive, fully paid, and worldwide license to use, copy, perform, display, and distribute such information and Content, and to grant sublicenses for all the above.
We may, at our discretion, store, temporarily block, or delete any Content that, in our opinion, violates these Rules, may be illegal, or may infringe on the rights, harm, or pose a threat to the safety of other users, third parties.
Platform Content.
All information on the Platform is for informational and acquaintance purposes only. We make no guarantees regarding its completeness, timeliness, or accuracy. The information and materials on the Platform may be changed without prior notice.
We reserve the right to place advertising materials and links to third-party resources in special blocks on the Platform. In doing so, we bear no responsibility for the advertising materials and the availability of such resources, their Content, do not guarantee that such resources and the information contained therein do not infringe on the rights of third parties, do not guarantee the safety of using such resources. We are not responsible for any consequences related to your use of these resources, their Content, or advertising.
6. INFORMATION COLLECTION AND PRIVACY POLICY.
The collection and processing of personal data in connection with the use of the Platform are carried out in accordance with our Privacy Policy.
7. INTELLECTUAL PROPERTY.
All content, design, graphics, combinations, translation, digital reproduction, and other materials related to the functioning of the Platform are protected in accordance with current copyright law, trademarks, and property (including but not limited to intellectual property rights) and belong to the Company. Copying, redistribution, retransmission, or publication by you of any intellectual property objects, if not expressly provided by these Rules, is strictly prohibited.
The User's right to use our intellectual property is limited to the rights explicitly granted by us in accordance with these Rules and subject to your full compliance with them ("License").
The License extends to your permitted use of the Platform and allows the User to:
- Post, upload, store, share, send, display content on the Platform or through it;
- View and access our content and the content of other users, as well as any content that is available on the Platform.
8. LIABILITY OF PARTIES.
The User bears exclusive responsibility for their own actions when using the Platform. The Platform is not responsible for the actions of the User, for relations between Users, for violations of the terms and recommendations established by these Rules and/or applicable law, as well as for all consequences of such violations (including any damages or harm that the Platform and/or third parties may incur).
In case of non-compliance with the terms, recommendations, and obligations established by these Rules, the Platform has the right to unilaterally block the User's access to the Platform's functionalities.
In case the User engages in unlawful actions, and/or violates legislation, and/or copyright, and/or rights of third parties, and/or established legal norms, and/or causes damage, etc., using the functionalities of the Platform, which leads to legal action against the Platform and/or the Company, and/or imposition of fines, and/or imposition of penalties, and/or any liability for the Company, the User is obliged to fully compensate the Company for damages.
The Platform is not liable and does not provide any guarantees regarding the completeness, reliability, and quality of Services; accuracy and reliability of Content; any results from the provision of Services; suitability of Services, Content to your requirements and/or expectations; suitability of Services for any specific purposes; absence of violations in the provision of Services; safety of using the Platform. The Platform is not responsible for the actions of other Visitors/Users during operation.
The User understands and agrees that access to the Platform and its functionalities may from time to time be limited or provided more slowly, including due to incorrect operation of software; server failures, networks, equipment, other electronic or mechanical equipment; rebooting of system capacities; power outages, other service maintenance, strikes, or other work stoppages (partial or full); governmental or regulatory restrictions; or any other reason not dependent on the Company.
9. DISPUTE RESOLUTION
Disputes between Users.
You bear full responsibility for your relationships with other Users, including resolving disputes among yourselves.
Disputes with the Company.
The Parties are responsible for breaches of the provisions and conditions set forth in these Rules in accordance with the applicable laws of Cyprus.
The Parties will seek to resolve through negotiations any disputes and/or claims that may arise in connection with the use of the Platform's functionalities. In case of a dispute, we recommend first contacting us at the following email address [email protected], indicated on the Platform, to try to resolve the issue directly with us.
Except for cases explicitly provided by these Rules, any dispute or claim related to access to the Platform, use of the Platform's functionalities, provision of Services or otherwise related to these Rules, and which cannot be resolved directly between the User and the Company, must be settled by the competent court of Cyprus.
The User agrees that any judicial dispute should be considered a dispute between the Company and the User personally. To the maximum extent permitted by law (1) no judicial process shall be combined with any other process; (2) it is prohibited to resolve any judicial dispute on a collective basis or using class action procedures; (3) it is prohibited to transfer the judicial dispute to representatives on behalf of the public or other persons.
Exceptions from mandatory judicial process.
The above provisions on the mandatory judicial process do not apply to the following disputes: (1) any disputes aimed at ensuring compliance with or protection of any intellectual property rights belonging to the User or the Company; (2) for complaints about taking measures to secure a lawsuit.
10. FORCE MAJEURE.
The Parties are fully exempted from liability for the non-fulfillment or improper fulfillment of the terms of these Rules that occurred as a result of force majeure (circumstances of irresistible force), including, but not limited to: fires, explosions, floods, storms, strikes, natural disasters, wars, terrorist acts, riots, or other circumstances that directly affect the ability to fulfill these Rules.
The Party for whom it has become impossible to fulfill the terms of these Rules due to the occurrence of force majeure circumstances must notify the other Party about this no later than 10 (ten) calendar days from the date of occurrence of such circumstances. Failure to timely notify about the occurrence of force majeure circumstances deprives the relevant Party of the possibility to refer to them.
The term for fulfilling obligations under these Rules is extended for the duration of the force majeure circumstances. If the duration of force majeure circumstances exceeds 30 (thirty) calendar days, each of the Parties has the right to demand the termination of contractual relations under these Rules.
The occurrence of force majeure circumstances is confirmed by a document issued by the relevant authorized body.
11. EFFECTIVENESS AND TERMINATION OF THE RULES.
These Rules come into effect from the moment of your first visit to the Website. The legal relationships established by these Rules may be terminated by blocking the Account.
These Rules remain in effect even if the details of the Parties change.
Either Party may terminate the effect of the Rules at any time and for any reason within the scope of this document.
We may terminate the effect of the Rules if you have committed a violation of these Rules, the law, or the rights of others as provided in this document.
12. OTHER TERMS.
The inability of Englishdom to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and Englishdom regarding the use of the Website, as well as the Services, and replace any prior Terms of Use that may have existed between you and Englishdom.
If any provision of these Rules is found to be unenforceable, such provision shall be replaced with a provision that most closely matches the intent underlying the original provision, and the other provisions will remain in effect. The laws of the Republic of Cyprus govern your access to and use of the Platform and the Services, and apply to these Rules.
The Company has the right from time to time to unilaterally decide on changes to these Rules. By using the Platform's functionalities and/or receiving Services after changes to these Rules, the User agrees to such changes. If we make any significant changes to these Rules, our company will make reasonable efforts to inform the User about such changes.
The names and list of the Platform's functionalities may change from time to time without prior notice to Users. We reserve the right to discontinue (temporarily or permanently) any individual functionalities of the Platform at our discretion without prior notice to Users.
You agree to receive from the Platform informational electronic messages (hereinafter – messages) about significant events occurring within the Platform to the email address you provided during registration. Englishdom may send messages for which the User expresses consent on the Account page.
If one or more provisions of the Rules are for any reason invalid or unenforceable, such invalidity does not affect the validity of any other provision of the Rules, which remain in force.
You have the right to contact Englishdom with any questions you have regarding the use of the Platform or the Services provided, or in case of violation of rights and/or your interests, by sending a notification to the email address [email protected], as well as using other communication methods indicated on the Platform.