Term of Use (“Terms”)
Last updated: June 16, 2014
Booking a block of class at theowlec.com is seen as acceptance of the following terms and conditions.
1. [General] The Website Owner, including subsidiaries, affiliates and partners (“Website” or “Website Owner” or “we” or “us” or “our”, and including but not limited to the URL and website “www.theowlec.com”) provides the information contained on this website or classes (“class”) for the website (“website”) to students (“students”) (cumulatively referred to as “you” or “your” hereinafter).
2. [Pricing] We provide our class to you by Skype. Prices vary according to how many you choose to have your classes and where you are. The prices of the classes are adjusted to the local currency of the country.
3. [Teachers] All our English teachers are professionally trained instructors. The teacher is responsible for giving the class at the appointed time as requested by you. We are not obliged to provide classes with a particular teacher.
4. [Class booking] You can book your classes.
5. [Alternative class time] If we are unable to provide classes at the desired time, we can postpone your class. If this is happens a second time in 1 course period, we will offer a substitute teacher for that class.
6. [Method of payment] Payment is made on the secure enrolment form from Paypal, we accept MasterCard or Visa or Maestro, and Bank Transfers to a European Bank account. We accept payment in US Dollars or other currencies only by Paypal.
7. [Taking a class] Our teacher will call you at the appointed time for your class. You shall ensure that your Skype is available for contact at the agreed time. Our teacher will try to contact you three times. If you are not contactable in the first 30 minutes, you will loose that class without refund.
8. [Teacher Cancellation] Occasionally our Teacher may have an unavoidable emergency or illness that could result in them having no option other than to cancel your class for that day or week. When this happens you will be sent an Email as soon as the Teacher knows of the problem. If the problem is
on our side and happens the same day of the lesson, then the class will be rescheduled without any additional cost to you.
9. [Cancelling and Rescheduling a single class] You can cancel a pre-arranged class up to 48 hours before the start of that class. A cancellation submitted at least 2 business day before your class begins will automatically be rescheduled. However, if you cancel your class less than 1 business day before your class, the class will be counted and cannot be rescheduled. You are given the right to cancel a single class 3 times for 1 month period. To cancel your class the student can do it by email or whats’app.
10. [Placing class on hold] If you have booked more than 10 classes you can place your class on hold for longer than a week because of vacation, business trip or any other reason. Your class will restart again on the date you submit without losing any class. You must notify us of that at least 2 business day before your class begins.
11. [Expiry of class] All classes including cancelled and postponed classes must be taken within 150% period of the class session you choose. If your class session is a one lesson a week for a pack of 10 lessons you must take the classes within 6 months. If you still have classes after your expiry date, you shall lose the classes. Your expiry date may be postponed from the date of the expiry if a payment of half of the price you paid for your class package is made before or on the expiry date.
12. [Refunds] If you decide you do not want to continue your class, we will refund any classes you have not used within 3 days of your purchase. After this 3 days period, no refunds can be claimed. The amount of refund will be calculated based on the regular price. No refund or credit will be given for free classes given or requested either alone or as part of a package, as such free classes shall be considered to have no monetary value. Refunds will be made to your Paypal account used to make the original payment. Such refund credit will be made in EUROS.
13. [Behavior during the class and typing with helpdesk] Inappropriate student behaviour during your class or while typing on Skype with our company helpdesk agent is not acceptable and will not be tolerated. As a result, the class and Skype conversation will end immediately and not be refunded.
14. [Personal Information] To facilitate certain tasks and communication between ourselves and our students, we store some details about you electronically. These include contact details, grades obtained on any our class and details of email correspondence. However, this is strictly for our class and services only and details will not be released to irrelevant third parties. We cannot be held responsible for the content, procedures or data policies of websites that we may have links with.
15. [Teachers Personal information] You shall not be allowed to communicate with our teachers privately through his/her private communication tools such as mail, SMS, Facebook or phones.If it happens your classes will end immediately and not be refunded.
16. [Complaints procedure] If you have any complaint about any aspect of the service you receive from us, you can put your complaint in writing by email. All complaints received in this form are recorded and processed by the department responsible.
17. [Information on the Website] Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
18. [Public Forums and User Submissions] The Website Owner of the website is not responsible for any material submitted to the public areas by you (which include Writing Class, writings of each bulletins or any other public area found on the website). Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner of the website. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to;
1) defame abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
2) publish post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
3) post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
4) violate any copyright, trade mark, other applicable international laws or intellectual property rights of the Website Owner or any other third party;
5) submit contents containing marketing or promotional material which is intended to solicit business.
19. [Specific Use] You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you
hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
20. [Warranties] The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
21. [Disclaimer of liability for all our Online Classes] The Website Owner of the website shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the Website, you or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any class price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
22. [Use of the Website] The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
23. [Entire Agreement] These Terms and Conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
24. [Alteration] The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
25. [Conflict] Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
26. [Waiver] No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
27. [Cession] The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
28. [Severability] All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non script to and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.