Terms and Conditions

 

Terms of Service

The following terms and conditions govern the use of the website http://everywhereenglish.eu and the services provided within 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.

Everywhere English, whose details are contained below, has the right to alter terms and conditions at their discretion and at the request of users for extraordinary circumstances.

Use of the Website

The following terms and conditions of use (Terms) of Everywhere English, regulate the contractual relationship between Everywhere English and registered individual users.

Everywhere English may contain outdated information from third parties through the use of links. All third party links are non-affiliated and for information purposes. Everywhere English does not take the responsibility of these third party websites to be updated or correct.

Users who input their information into the website give permission to the Everywhere English team to contact the user on sales and promotional services. Methods include, but not limited to, newsletter sign up and requesting a free trial. 

Under EU law and GDPR, Everywhere English will not share the user’s information with third parties. 

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.

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.

Use of Websites by Users

1. The User can subscribe by payment of the rates, the services offered by Everywhere English 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 Everywhere English through access with said User’s username and password.
3. Everywhere English 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 Everywhere English.
• The user uses the service for illegal or criminal activity.
• There is the suspicion of unauthorized use of a username 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.

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

All services offered by Everywhere English will be made Online via Skype.

Conditions of service

The service will be provided by native, qualified teachers of the language requested by the User among those offered by Everywhere English.

Service Provision

Once a subscription is paid, the User has lessons 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, Everywhere English will send the User a confirmation email..

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 Everywhere English to monitor lessons, both for technical reasons and for reasons derived from the proper policy of strict compliance with the legislation on Data Protection.

Cancellation of the appointment in case of incidents

Both parties, Everywhere English and the user may cancel the appointment without penalty with a minimum notice of 48 hours beforehand.

The appointment cancellation method:

• For Everywhere English, 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.
• If for any reason, the teacher representing Everywhere English cancels the lesson after the aforementioned grace period, the user has the right to request an alternative teacher or a free lesson. Numerous cancellations can result in a refund and is at the discretion of Everywhere English and the user.

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 the first 10 minutes from the 30 minutes or 1 hour lesson 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 info@everywhereenglish.eu notifying Everywhere English of the incident. Everywhere English, once confirming the incident, will proceed to reinstate said lesson or issue a refund. This is at the discretion of the User and Everywhere English, handled on a case by case basis.

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 Everywhere English 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.

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 “courses” on the website

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

Payment Terms

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

Everywhere English offers the following forms of payment for the use of the service.

• PayPal
• Credit card

Contents Included by Users

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

Everywhere English will be responsible for the security of the contents provided by Users and follows the guidelines under GDPR. 

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 Everywhere English, as well as its partners, workers, other users of the service or third parties.

Everywhere English 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.

Free trial lesson offer

Everywhere English may offer the possibility to get a free trial lesson for 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 the lesson or if any technical issue happens, The lesson will be lost with no cancellation.

Contractual obligations of the User

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 for any unauthorised conduct made possible by abuse or illegitimate use of login details for the associated use of Everywhere English 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 Everywhere English.

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 Everywhere English.

The valid email address of the User is exclusively the last communicated to Everywhere English. In the event that the email changes, the User is obligated to provide a new email address immediately to Everywhere English. The user is responsible for any effect or damage caused by a possible lack of notification to the new email address.

1. 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.
2. The User agrees not to modify, overwrite or delete any content created or managed by Everywhere English or any other User or Professional.
3. The registered User expressly assumes the costs to provide the necessary technical means to use the services of Everywhere English and in particular, the hardware, the necessary software (for example: Internet browser) and services for telecommunications and data transmission.

Everywhere English does not guarantee the compatibility of its services with the individual software or hardware of the user’s computer.

Benefits of Everywhere English

Everywhere English 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, Everywhere English cannot guarantee that:

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

Everywhere English liability and limitations of liability

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

In the event that the User understands that the standards supplied by Everywhere English 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 Everywhere English the corresponding claim by Email, giving any objective data and evidence available.

In the event that it is credited by Everywhere English, and after hearing the teacher, a poor service delivery, Everywhere English 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 Everywhere English is only liable up to the maximum amount equivalent to the value of the lessons charged to the User for the lesson that is the object of the claim.

Using the Everywhere English website or the services provided are the User’s responsibility. Given the circumstances of the environment and the means, Everywhere English, 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. Everywhere English 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. Everywhere English 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.

Changes to the terms and conditions

Everywhere English reserves the right to change or extend these terms and conditions in the future. Any changes or additions will be, per the choice of Everywhere English, 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.

Sanctions, termination and revocation

Everywhere English 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

Termination of the user agreement

Extraordinary termination and closure of account by SAH

Everywhere English 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 Everywhere English
• undertakes activities, formulating either opinions or including illegal or offensive content
• undertakes any activity that is understood as not appropriate within the operation of Everywhere English
• 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 Everywhere English 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 Everywhere English, at least, the amount paid by the User for lessons 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 Everywhere English.

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

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 lessons.

Once this right of unilateral resolution is exercised by the User, Everywhere English 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 purchase of lessons and without consuming any of these, Everywhere English 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 purchase of lessons; or having consumed some of them even within the first 30 days, Everywhere English will refund the User only the amount corresponding to 50% of the lessons acquired but not consumed as compensation for the costs of management, administration and financial

The contract by Everywhere English may be terminated by Everywhere English at any time and with any User.

In this case, Everywhere English will pay the User the amount of lessons he/she purchased and did not use.

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

Everywhere English, in case of unilateral termination of the contract, will proceed to refund the amounts paid by the User and not effectively used. A request for cancellation of a contract must be in writing by email sent from the email that is registered in the account of Everywhere English.

Cancellation by Everywhere English shall be in writing or by email.

Applicable law and jurisdiction, invalidity

The contract contained in these terms and conditions is subject to the law of Ireland and the EU. Everywhere English follows the guideline set out under the GDPR act. 

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 in Ireland 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.