TERMS AND CONDITIONS
Welcome to Speakily, the online service to learn a second language with native speaking tutors. In these Website Terms and Conditions (the “Terms and Conditions”): «The Owner», «we», «us» and/or «our» means Digital Language Ltd, a company registered in England and Wales under company number 10208533, and with its registered office at 8 Northwood Road, Stoke-on-Trent, United Kingdom. «The Website» means Speakily online service to learn a second language under the internet domain https://www.speakily.com and https://speakily.on-line.institute/fr-fr/accounts/signin/ «User», «Customer», «Subscriber», «You» and / or «Your» means any person who uses and / or who subscribes to our Website.
Please review all of the Terms and Conditions carefully before using The Website.
These Terms and Conditions («Agreement») governs the use of the services («Service») that are made available by Digital Language Ltd. These Terms and Conditions represent the whole agreement and understanding between Digital Language Ltd and the individual or entity who subscribes to our service, both to free services and services against payment.
By visiting, becoming a member of, purchasing a gift subscription from, Speakily, you agree, without qualification, to be bound by the terms and conditions of use set out below.
We may revise these Terms and Conditions at any time. You are responsible to read this document from time to time to take note of any changes we make, as they are binding on you from the date that we make them.
If you do not agree with all the Terms and Conditions, do not use the Site.
2. USE OF THE SERVICE
2.1 All Users warrant and self certify that they can form legally binding contracts under their applicable law.
2.2 Your right to access and use The Website and the Service is personal to you and is not transferable by you to any other person or entity. The Owner offers a non-transferable, non-exclusive, limited right to access, use and display the content of this Website, provided that you comply with this Agreement and the Terms and Conditions as set out in full.
2.4 All Users agree not to use The Website in any way that is unlawful, illegal, fraudulent or harmful, nor to take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of The Website.
2.5 All Users will defend, indemnify, and hold harmless The Website and The Owner, its officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities and expenses (including legal fees) relating to or arising out of your use of The Website.
2.6 All Users agree that neither The Website nor The Owner will be liable for any incidental, consequential, or indirect damages (including, but not limited to, any deaths, threats, torts or injuries committed by any other User, damages for loss of data or procurement of substitute services) directly or indirectly arising out of the use or inability to use the Services provided through The Website.
3. YOUR CUSTOMER ACCOUNT USER NAME AND PASSWORD
In order to use the Paid Services and some Free Service(s) Users will be required to register an online account.
3.1 The User is obligated to provide complete and truthful information in the sections provided on the registration form. The User agrees to the publication of its User name, its profile information, online status and additional information voluntarily provided, including the profile image. The email address will not be published.
3.2 It is the sole responsibility of each registered User to ensure that all personal details, including contact email addresses, are up to date and accurate at all times. By accepting these terms and conditions all Users hereby release The Website and The Owner from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to inaccurate personal information being held on the web site, systems and supporting infrastructure and hardware. All Users are solely responsible for the content and accuracy of any information published by them on the website. Neither The Website nor The Owner is liable for any loss or damage which may be incurred through reliance on any information published on the website by any registered User.
3.3 Registered Users must treat their User name and/or password used to access certain parts of The Website as confidential. Your User name and/or password are non-transferable. All Users agree not to distribute or share their Username and/or Password details with any other individual or company for the purposes of allowing others to utilise the services provided through The Website.
3.4 The Website and The Owner may terminate User name and/or password and your Customer account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that The Website believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
4. SUBSCRIPTION CHARGES / PAYMENT
Certain materials and functionalities of The Website are available only through the purchase of a ” Subscription”. By purchasing a subscription to The Website you agree to be bound to the following terms:
4.1 The Owner reserves the right to change the subscription fees in effect or institute new fees at any time, upon reasonable notice posted on the site and emailed to current subscribers.
4.2 The Website and The Owner guarantee that every credit card transaction you make at www.speakily.com is 100% secure. The status of your current subscription is available in the logged-in section of your Account.
4.3 Current subscription prices are posted in the checkout pages and on the pricing page (https://www.speakily.com/pricing). Your paid Subscription to The Website gives you access to some or all of www.speakily.com Services. The exact details of your paid Subscription and the features to which you do and do not have access is clearly stated and accessible at all times in the logged-in section of the Site under “My Account > Account Status”.
4.4 All classes with a live tutor in your paid subscription are delivered on a “use them or lose them basis”, it means any classes that have not been used by the end of your subscription period, will no longer be available and will not be refunded. If your paid subscription is a monthly recurring subscription, all unused classes with a live tutor will expire at the end of each month.
4.5 For your convenience subscription services are renewed automatically at the end of your billing period and can be cancelled at any time.
4.6 After initial enrollment, if your credit card expires, is cancelled, is lost or rendered invalid, your subscription is in danger of termination. You will be contacted and given the opportunity to change your registration data. If your credit card is not successfully recharged and you are not renewed successfully, your subscription will be terminated.
5. REFUND AND CANCELLATION POLICY
All payments for recurring Subscriptions and/or Gift Vouchers are non-refundable, except for your first purchase as follows:
(A) If you cancel after taking 25% or less of the lessons in your subscription plan after your first purchase, you will be refunded 75% of your payment.
(B) If you cancel after taking between 26% – 50% of the lessons in your subscription plan after your first purchase, you will be refunded 50% of your payment.
(C) No other refund will be entertained
We will usually refund any money received from you using the same method originally used by you to pay for your purchase. To request a refund, please contact our Customer Support Team.
All subscription services can be cancelled at any time.
(A) If you cancel up until 29 days after your first purchase, your subscription will expire at the end of the current month and you will not be charged again.
(B) Cancellations after the first 30 days of purchase will take effect at the end of the following month’s billing cycle.
(C) You can cancel your Subscription package and convert to a different Subscription package at any time. Your new Subscription package will take effect at the end of your current subscription month.
Detailed instructions are provided on the following page under «How can I cancel a subscription»:
6. CLASS SCHEDULING / CANCELLATION / ATTENDANCE
Class rescheduling or cancellation 6.1 A class may be rescheduled or cancelled no later than 24 hours before the original class reservation. If cancellation is made after 24 hours before the class then the full class credit is payable and will not be re-credited. If a Subscriber or User fails to attend the class then that class will be deemed to have been taken and a lesson credit will be deducted from the Subscriber or User account.
Class Attendance 6.2 The tutor will wait for 15 minutes from the start time of the class and if after 15 minutes the Subscriber or User does not connect to the online classroom then the tutor will treat that class as having been taken. The Subscriber or User will be charged a credit for the class and no refund will be given for non-attendance.
Cancellation by the Tutor 6.3 Occasionally the tutor may have an unavoidable emergency that could result in them having no other option than to cancel your class for that day. If the tutor provides more than 24 hours cancellation notice, you will be given the option to reschedule the class. If the tutor cancels the class with less than 24 hours notice of the scheduled class start time, a substitute tutor will be provided and you will be notified by Email and/or phone. You have the right to accept or refuse the substitute tutor. Refusal of the substitute tutor will not result in the loss of the class credit.
Class Reservations 6.4 Classes are reserved by connecting to your Account. All classes must be reserved at least 24 hours in advance.
7. USER GENERATED CONTENT
7.1 You warrant and represent that your content will comply with these terms and conditions.
(a). Your content must not infringe any copyright or other intellectual property rights. Your content must be original or you must have received the prior express written consent of the originator of said material.
(B). Your content must not be libellous, maliciously false, obscene, indecent, pornographic, sexually explicit, slanderous or depict violence
(C). Your content must not violate any viable rules, laws or regulations, or infringes on any rights of any third party.
(D) Your content must not contain viruses or any other code designed to interrupt, destroy or incapacitate the functionality of any software, hardware or telecommunications.
(E) Your content must not contain spam, chain letters, junk mail, or other solicitations.
(F) You must not impersonate another person or attempt to contact a fellow user of our Service without explicit solicitation by that user.
7.2 The Website and The Owner are not responsible for the content of messages sent by users to other users that use our Service. The opinions and messages posted by users do not reflect and are not representative of the views of The Website and The Owner or its employees, affiliates, suppliers or partners.
8. WEBSITE ACCESSIBILITY
We shall endeavour to provide constant, uninterrupted access to The Website and any content on it, but we cannot and do not guarantee to do so. Access to The Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of The Website without notice. Save where expressly stated otherwise in any Additional Terms, we will not be liable to you if for any reason The Website is unavailable or is withdrawn at any time or for any period.
9. INTELLECTUAL PROPERTY RIGHTS
All materials of The Website belong to Dynamic Language or its licensed source including, text, information, graphics, interfaces, photographs, video, documentation and other material available on The Website is protected by international copyright, trademark and other proprietary and intellectual property laws.
The trademarks, names, logos and service marks displayed on this website are registered and unregistered trademarks of The Owner. Nothing contained on this website should be construed as granting any licence or right to use, distribute, sublicense, translate or reproduce any trademark or materials without the prior written permission of the Website Owner.
11. OVERSEAS SUBSCRIBERS
If you purchase Subscription Services from our site for use outside the UK, please also note that you must comply with all applicable laws and regulations of the country in which the Subscription Services are used. We will not be liable for any breach by you of any such laws.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. For the avoidance of doubt, you are not permitted to sell on or transfer the benefit of your Subscription Services to third parties.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
You agree to indemnify, defend and hold harmless Dynamic Language Ltd and its affiliates, partners, suppliers, and employees from any and all liability, claims, costs or damages arising from your use of the Site or your breach of this Agreement and any of the Terms set out herein.
14. FINAL PROVISIONS
14.1 If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
14.2 You agree that if The Owner does not exercise or enforce any legal right or remedy which is contained in the Agreement, this will not be taken to be a formal waiver of The Owner rights and that those rights or remedies will still be available to The Owner.
14.3 These website 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 website terms and conditions supersede and replace all prior commitments, undertakings or representations and terms and conditions, whether written or oral, between you and the Website Owner in respect of your use of the website.
14.4 The provisions of this Agreement shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
15. OUR DETAILS
This website is owned and operated by Dynamic Language Ltd
Registered address: Dynamic Language Ltd, 8 Northwood Park Road, Stoke-On-Trent, United Kingdom
Registered in England and Wales, Company No 10208533
You can contact us by writing to the registered address given above, by using our website contact form, by email at email@example.com or by telephone on +44 (0)1782 – 479902