Terms and Conditions
Terms and Conditions
These Terms and Conditions govern the use of the website and the conditions of use of the service provided through the website. By using the POLYTONGUE ACADEMY website (hereinafter “Polytongue” or “we” or “our”), whether as a visitor, registered user, or subscriber, you (hereinafter referred to as “user” or “you”) accept these terms of use in their entirety and without reservation. The operator of the website https://polytongue-academy.com and the service provider is POLYTONGUE ACADEMY, whose details are found in the Legal Notice of this website.
POLYTONGUE ACADEMY provides a platform that connects language teachers with registered users for the provision of language teaching services. This includes courses and conversation classes.
- Contractual Parties
The following terms and conditions of use (“Terms”) of POLYTONGUE ACADEMY govern the contractual relationship between POLYTONGUE ACADEMY and the individual registered user.
By using the Site and/or Services, the User guarantees and declares that they have sufficient capacity to commit in accordance with the applicable law in their place of residence or nationality.
In the case of underage users of the service, it is their legal representative who guarantees that they have such power to dispose and be bound by these Terms and Conditions on their behalf and assumes the obligations arising from this contract.
The rights and/or credits acquired by the User are not transferable to third parties unless expressly accepted by POLYTONGUE ACADEMY. In the context of the business relationship between POLYTONGUE ACADEMY and you, the version of the following General Terms and Conditions (“GTC”) valid at the time of the conclusion of the contract will apply.
- Formalization of the Usage Contract
The use of POLYTONGUE ACADEMY is subject to registration by filling out a registration form and accepting the terms of use and privacy policy. The contract between the user and POLYTONGUE ACADEMY is formalized only through the action of Registration on the website and after the express acceptance of these Terms.
Procedure for Formalizing the Usage Contract
The formalization of the contract of use with POLYTONGUE ACADEMY will be carried out as follows.
The User of the Academy’s service requests the formalization of a contract for the use of the website by completing, confirming, and submitting the registration form. The system will collect this registration and send an automatically generated confirmation by the system to the email address provided.
By sending the link, a contract will be formalized between POLYTONGUE ACADEMY and the User for the use of its services.
Registration
To use the services, registration is required by filling out all the requested data on the registration page, linked to the email and creating a password.
Only individuals who are of legal age and have full capacity to be bound by the terms required for this purpose by the applicable law can register.
In the case of minors, they must send an email with the express authorization of their legal guardian.
By using the Site and/or Services, the User guarantees and declares that they have sufficient capacity to be bound in accordance with the applicable law in their place of residence or nationality.
Use of the Website by Users
The User, who will acquire such status following the procedure described in the Usage Contract of these Terms, can subscribe to the services offered by POLYTONGUE ACADEMY under the terms detailed below in this contract by paying the Fees.
The User is solely responsible for the confidentiality of the username and password. Therefore, the user will be fully responsible for any use made of the service provided by POLYTONGUE ACADEMY by accessing with their username and password.
POLYTONGUE ACADEMY may restrict or prevent access to the services without prior notice if the user: – Violates any part of these Terms of Use or the intellectual or industrial property rights of POLYTONGUE ACADEMY.
– Uses the service for illegal or criminal purposes.
– There is suspicion of unauthorized use of the username or password.
– Due to non-payment or refund of a subscription payment.
– For fraudulent or abusive use in acquiring trial lessons.
– For any other abusive use of the platform.
- Use of the Website for Users: Conditions, Fees, Payment Terms, and Penalties Service Conditions
The service will be provided by qualified teachers of the language requested by the User among those offered by POLYTONGUE ACADEMY.
Users will pay a subscription plan every 4 weeks for class hours. These hours are valid for booking a class with the teacher of their choice and will benefit from a variety of resources to progress in the language learned. This subscription will be automatically charged every 4 weeks.
These hours will be valid for 4 weeks from the payment date. If these hours are not used after this period, the user agrees to forfeit the right to use them and expressly waives any claim for the restitution of the amounts corresponding to the unused hours in this period.
Service Provision
Once the subscription has been paid, the User acquires the right to a certain number of class hours that can be used at their convenience, according to the availability of teachers at the time requested by the User. Classes will be booked by the user directly through the platform. The user can book a time with the teacher of their choice and at a time that suits them.
The User agrees to connect at the date and time they booked the lesson. If the student is not punctual, the teacher is not obliged to make up for the time the student was absent.
The class will be considered “unattended” in any case, and the service will be considered provided if, after 10 minutes for 30-minute classes or 15 minutes for one-hour classes from the agreed-upon time, the student has not appeared in the required form for the service.
If, at the time of the class, the teacher is not available or connected, the User must send an email to help@polytongue-academy.com at the same time as notifying the incident.
The User expressly acknowledges the impossibility of POLYTONGUE ACADEMY to monitor the classes, both for technical reasons and due to the strict compliance policy with Data Protection regulations.
If the student did not use part or all of the class hours purchased under the subscription plan, at the end of the 4-week period, these hours will be considered consumed and will not be reimbursed. This applies for each time the subscription period is renewed.
7-Day Trial Period
POLYTONGUE ACADEMY, in order to promote its service, can offer the possibility of accessing a 30-minute class in a 7-day period for new students. To access and enjoy the free class, the student must complete the registration steps, fill out the payment form and accept the Terms and Conditions of the offer. Each person will only be able to enjoy a 30-minute trial class with a teacher.
The student’s non-attendance or any technical problem occurring during the class does not generate the right to a new free class unless POLYTONGUE ACADEMY expressly specifies it.
On the eighth day from the day the user registered, the user will be charged for the selected subscription plan. To not be charged, the user must cancel the subscription before the end of the 7-day period.
Class cancellation policy
Both parties, POLYTONGUE ACADEMY and the user, may cancel the appointment without penalty with a minimum of 24 hours’ notice.
In case of cancellation 24 hours before the class by the user, the first hour of the class will be charged. If you wish to reschedule a class, it is possible to do so without penalty as long as it is 24 hours before the class.
If you miss a class due to technical problems on our side or the teacher’s side, don’t worry, you will not lose that hour from your total available hours. To make up those hours, you must send us an email to help@polytongue-academy.com or through our contact form with the subject “Restore class hours”. If you miss a class due to problems on your part, we cannot make up that class hour and you will be charged a penalty of one hour of class time.
Class cancellations must be made through the platform, in the “My Classes” section. It is then possible to reserve another date in case you wish to reschedule.
Unsubscription policy
The user can unsubscribe depending on the plan he/she is subscribed to. If the user is enrolled in our 7-day free trial, he/she can cancel it during those 7 days to avoid converting it to a monthly plan. On the eighth day from the day the user registered, the user will be charged for the selected subscription plan.
If the user is subscribed to any of our plans, he/she can cancel it at any time. If the user cancels up to 3 weeks after the last payment, this will be the last one debited by the platform. If, on the contrary, the cancellation is made after 3 weeks, that is, within 7 days before the next billing date, the following month will be charged and this will be the last month debited by the platform.
If the user wishes to change his subscription plan to a plan with more or less hours than he currently has, he can do so through the platform or by emailing us at help@polytongue-academy.com. The change in his payment plan will be made as of the same day of purchase in case he purchases a package that increases his monthly hours. If the user reduces his package for one with less monthly hours, this reduction will be effective in his next payment.
In case the user wants to add more hours to the higher hours package, he can contact help@polytongue-academy.com to make this request.
Withdrawal
The user has the right to withdraw from this contract within 14 days without having to justify his decision. The withdrawal period shall expire 14 days after the start of the contract.
The user has a period of 14 days from the date of the first charge of his subscription to withdraw and request a refund. The user will receive a partial refund equivalent to the hours not taken, in case he/she has used a portion of the hours available for classes. The user will not receive a refund in case he/she has taken all the hours to which the package entitles him/her. This refund will only apply to the first month of the user’s subscription.
To exercise your right of withdrawal, please fill in the following form and send it to contact@polytongue-academy.com with the subject line WITHDRAWAL.
I/we hereby notify (*) that I/we withdraw from my/our (*) contract for the purchase of the following products (*)/ of the following service (*):
___________________________________________________________________________
– Ordered on (*)/Received on (*): ________________________________________________
– Consumer(s) name(s): _________________________________________
– Consumer(s) address: _______________________________________
– Date: ______________________________________________________
Subscription pause
The subscription pause is a function that the user can activate twice a year and consists of suspending payment for four weeks. With this option, you can pause your classes for personal matters or vacations and resume them the following month. After 4 weeks, the payment is automatically reactivated. The user can deactivate the pause at any time.
Fees
The prices to be paid by the User to access the services are determined according to the plans or subscribed hours and according to the duration of the classes. When subscribing to a plan, you are obliged to pay the price indicated in the order.
You can see the current prices of the language courses offered on the registration pages and on other pages of our website. Polytongue Academy prices are final. We do not charge or display value added tax or sales tax.
Polytongue Academy reserves the right to change the current rates. Expenses that may affect Polytongue Academy’s rates and prices include language teacher costs, technical supply and service distribution, marketing costs, personnel, service providers and computer systems.
We will inform our existing clients of any increase in fees or prices by email notification. All price changes will be applied to you no sooner than 4 weeks after notification of the price increase. The modification of the fees will not affect the number of current and unconsumed hours by the User.
Payment conditions
Payment for the services offered will be made prior to the reservation of classes and the provision of the service.
POLYTONGUE ACADEMY offers the following forms of payment for the use of the service:
– PayPal.
– Credit card (Visa, Mastercard, AMEX and others).
Content included by teachers
The texts, music, images, drawings or graphic, artistic and intellectual manifestations introduced by the teachers will be under their sole and exclusive responsibility.
Given the nature of the service, it is impossible for POLYTONGUE ACADEMY to control the content entered by teachers, and the User acknowledges this by accepting these Terms. The teacher expressly assumes any liability of any kind arising from the elements entered by him/her in the templates.
The teacher expressly acknowledges that POLYTONGUE ACADEMY only provides a tool in which the elements entered by the teacher will be the absolute and total responsibility of the teacher, and that it is impossible for POLYTONGUE ACADEMY to control them.
The User expressly acknowledges that the use by the teacher during the lessons of media such as books, drawings, images, videos or any other content subject to intellectual property rights does not imply any transfer or license of such rights in favor of the student.
Likewise, the User acknowledges that the TEACHER is the only responsible for the use of such elements, exempting POLYTONGUE ACADEMY from any claim in this regard.
- Contractual obligations of the users
Users are obliged to protect access data to the websites against unauthorized use by third parties. The access data, in particular the password, must not be disclosed, transferred or shared under any circumstances. The User shall be liable for any unauthorized conduct facilitated by the improper or illegitimate use of his or her access data for use associated with POLYTONGUE ACADEMY services due to negligent, culpable or deliberate misuse of his or her access data by the User in the custody of his or her access data.
If the User becomes aware that his/her access data has been disclosed to third parties, he/she shall be obliged to change his/her password immediately. If this is not possible, they shall inform POLYTONGUE ACADEMY immediately.
During the registration process, the User must provide an e-mail address and an address at which he/she can always be contacted.
The User agrees to the use of this email address as the address for notifications within the framework of his relationship with POLYTONGUE ACADEMY. The User’s valid e-mail address is exclusively the last one communicated to POLYTONGUE ACADEMY. In case of change of this address, the User is obliged to immediately provide POLYTONGUE ACADEMY with a new e-mail address.
The User shall be liable for any effect or damage caused by a possible failure to notify the new e-mail address. The User agrees not to use or send mechanisms, software or other scripts in connection with the use of the websites that may endanger, damage or destroy the functionality or availability of the platform. And in particular, contributions containing viruses or which are pyramid schemes, mass e-mails (“spam”), chain mails or paralyze the services of the Websites.
The User agrees not to modify, overwrite or delete any content created or managed by POLYTONGUE ACADEMY or any other User or Professional.
The registered User expressly assumes the costs of providing the technical means necessary to use the services of POLYTONGUE ACADEMY, and in particular the hardware, the necessary software (e.g. Internet browser) and telecommunications services and for the transmission of data.
- Intellectual Property.
Property of POLYTONGUE ACADEMY
POLYTONGUE ACADEMY is the owner of the intellectual and industrial property rights of the Website, and is also the owner or has the corresponding license on the intellectual, industrial and image property rights of all the contents available through the Website.
In no case shall it be understood that access, browsing or use of the service by the User implies a waiver, transmission, license or total or partial transfer of such rights by POLYTONGUE ACADEMY.
The User expressly acknowledges that the use of the service that is the object of the contract will not generate the transfer of any industrial or intellectual property rights, nor will it grant this User any license on the contents owned by POLYTONGUE ACADEMY outside of what is proper to the service and with the limits established in section 4 of these Terms.
Prohibition of availability
Consequently, it is prohibited to omit, evade or manipulate the copyright notice and any other data identifying the rights of POLYTONGUE ACADEMY, as well as technical protection devices, digital fingerprints or any information and/or identification mechanisms that may be contained in the contents.
It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent copies, upload files, send by mail, transmit, use, process or distribute in any way all or part of the contents included in the Website outside the use that is proper to the service provided by POLYTONGUE ACADEMY without the express written permission of POLYTONGUE ACADEMY.
The use of the service does not give rise to any intellectual or industrial property rights over it by the User.
Use of the website
It is expressly prohibited:
– To publish any material contained in this Web Site in any medium, or to sell, rent, display, exhibit, reproduce, copy or otherwise exploit the material contained in this Web Site for any commercial purpose.
– To publish any material contained on this Web Site in any medium, or to sell, rent, display, reproduce, copy or otherwise exploit the material contained on the Site for commercial purposes.
– Edit or modify any material on the Site;
– Use the Site in any manner that causes or may cause a problem with its availability or accessibility.
– Use the Site or its services as a means to copy, store, host, transmit, send, send, use, publish or distribute any material consisting of or linked to viruses or malicious code.
– Conduct systematic and automated data collection activities on or in connection with the Site without POLYTONGUE ACADEMY’s express written consent.
- POLYTONGUE ACADEMY services, availability of the Websites
Without limiting the generality of the foregoing, POLYTONGUE ACADEMY cannot guarantee that:
– The Website or the Services will be constantly available, or available at all; or.
– That the transmission of data to or from the Site will be at a minimum speed.
- Responsibility of POLYTONGUE ACADEMY, limitations of liability
The sole function of POLYTONGUE ACADEMY is to provide an intermediary service between teachers and Users. Therefore, both parties: POLYTONGUE ACADEMY and Users, expressly acknowledge that the activity and responsibility of POLYTONGUE ACADEMY is limited to the proper provision of the service offered.
The use of the POLYTONGUE ACADEMY Website or the services offered is at the User’s own risk. Given the circumstances of the environment and the medium, POLYTONGUE ACADEMY, despite having taken all reasonable measures to ensure it, cannot absolutely guarantee that the content associated with the service is free of errors or that the use of such material does not infringe the rights of third parties. Nor can POLYTONGUE ACADEMY absolutely guarantee that the functional aspects of the Site will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. POLYTONGUE ACADEMY reserves the right to correct any errors on its Site.
If the User’s use of the Site or the results of other content or services result in the need to repair or replace goods, materials, equipment or data, or cause injury to persons or damage to property, the Company shall not be responsible for any costs incurred.
The User must at the same time take appropriate protective measures on its equipment, as generally deemed appropriate.
- Changes to Terms and Conditions
POLYTONGUE ACADEMY reserves the right to change or extend these terms and conditions at any time in the future. Such changes or additions, at POLYTONGUE ACADEMY’s option, will be posted on the Website or communicated by email individually to each registered User at the email address registered at the time of the changes.
If the User does not expressly object to the changes or extensions within one month, the User shall be deemed to have accepted the changes or extensions.
- Penalties, termination, revocation and refunds
POLYTONGUE ACADEMY reserves the right, while respecting the legitimate rights and interests of the User, when there are indications of infringement by the User against the laws in force, the rights of third parties or violation of the obligations arising from these Terms and Conditions, to:
– Warn Users to cease the harmful activity.
– Restrict the use of the Websites.
– Extraordinary termination and definitive closure of the User’s account.
– Termination of the use agreement.
- a) Extraordinary termination and account closure by POLYTONGUE ACADEMY
POLYTONGUE ACADEMY reserves the right to extraordinarily terminate the agreement with the User and prevent access to the Websites in case of violation by the User of any of the provisions of these Terms and Conditions, as well as when:
– Provides false contact details, in particular a false or incorrect email address.
– Maintains offensive, denigrating, aggressive, threatening or disrespectful attitudes towards teachers or staff.
– Transfers or assigns your account to another User.
– Causes damage or harm to other Users.
– Damages the reputation or public image of POLYTONGUE ACADEMY.
– Engages in illegal or offensive activities, statements or opinions, or includes illegal or offensive content.
– Engages in any activity deemed inappropriate for POLYTONGUE ACADEMY operations.
– Failure to pay or refusal to charge your account or card.
– In case of termination and cancellation of the account by POLYTONGUE ACADEMY in the terms indicated, the User subject to this penalty is not entitled to the recovery of the blocked account. In this case, it is forbidden to access or re-register on the websites, even if it is through other accounts or usernames.
- b) Contract termination by POLYTONGUE ACADEMY
POLYTONGUE ACADEMY may at any time terminate the contract in force with any User.
Notification of termination of the contract in force by POLYTONGUE ACADEMY will be made in writing to the User’s email address for notifications.
- Form of cancellation of a contract
Cancellation by the User may also be written, through the email contact@polytongue-academy.com sent from the email address registered in the User’s POLYTONGUE ACADEMY account.
The cancellation by POLYTONGUE ACADEMY can be in writing, through an official email from Polytongue Academy.
- Applicable Law and Jurisdiction, Invalidity
The contract contained in these Terms and Conditions is subject to the law.