Terms and Conditions
Please read this carefully before using our site, services, or products.
*Note: For the moment these Terms of Service (and any other terms, policies, or guidelines that we provide to you) are only available in English.
ACCEPTING THE TERMS OF SERVICE
By using or accessing ProEnglish Services, you agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn’t, and aren’t permitted to, use the Services.
MODIFICATIONS TO THIS AGREEMENT
ProEnglish reserves the right to modify this Agreement by publishing a revised Agreement online. Modifications will not apply retroactively. Amendments are effective immediately as soon as available at www.proenglish.ch. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. ProEnglish may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use ProEnglish Services. Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time ProEnglish received your prepayment.
USE OF PROENGLISH SITE AND ONLINE SERVICES
As prescribed by Swiss laws, no individual under the age of eighteen (18) may use the Services, provide any personal information to ProEnglish, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). You may only use the Services if you can form a binding contract with ProEnglish and are not legally prohibited from using the Services.
Service changes and limitations
Information provided on the ProEnglish Site is subject to change. The Site makes no representation or warranty that the information provided is accurate, complete, reliable, current, or error-free. ProEnglish disclaims all liability for any inaccuracy, error, or incompleteness in the content. ProEnglish may change, suspend, or discontinue any or all of the Services at any time. ProEnglish may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
Limitations on automated use
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of ProEnglish and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ProEnglish (and only pursuant to those terms and conditions); (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
In order to use the Service, you may be required to provide information about yourself including your name, email address and other contact information. You agree that any registration information you give to ProEnglish will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify ProEnglish immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
You may use ProEnglish Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this Site. You shall not post or transmit through the Site any material, which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
You shall not upload, post or otherwise make available on ProEnglish Site any artwork, photos, or other materials protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual property rights to your material
ProEnglish claims no intellectual property rights over the material you supply to us. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to ProEnglish remains yours to the extent that you have any legal claims therein. You agree to hold ProEnglish harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
ProEnglish intellectual property
Third party resources
Account Termination and Deletion
On termination of your Account, ProEnglish shall make reasonable efforts to make Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Subscriber Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Subscriber Content may not be entirely removed (due to the nature of reblogging, for example).
USE OF PROENGLISH PAID SERVICES
We endeavor to describe and display ProEnglish Services as accurately as possible. While we try to be as clear as possible in explaining our Services, the Site may not be entirely accurate, current, or error-free.
Upon receipt of your orders via email, or online forms, ProEnglish will email you to confirm the placement of your order and with details concerning service delivery. Services shall be made at the prices and conditions contained in the written order confirmation (acceptance). Prices specified therein are binding. Unless otherwise individually agreed, prices include the value-added tax at the rate applicable on the date of invoice. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Refusal of Service
ProEnglish Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
For individual sessions, payment must be made to ProEnglish in full within 48 hours from scheduled lesson.
For group sessions, payments must be made to ProEnglish in full within 10 days from scheduled course start date.
All purchases may be cancelled by the client within 48 hours from purchase date, and at least 24 hours before the class is scheduled. In this case, a full refund of the fee will apply. In other cases, no refund is allowed.
ProEnglish Group Classes will run with minimum number of students only (min. 3 persons).
In case of health reasons for all participants, a new date will be scheduled by ProEnglish for the missed class.
Should a ProEnglish Coach cancel a class for health reasons, a new date will be scheduled for the missed class.
ProEnglish offers English classes and cannot guarantee the attainment of any specific language mastery level; the learning process of each student is different and involves his/her abilities, the time he/she spends studying, the passion and dedication to follow the classes and assignments. No forward-looking statement outlined in ProEnglish web pages, or promotional material is a promis or guarantee of any future performance. By booking classes, courses and special packages you release ProEnglish from any and all liability, including direct, consequential or indirect damages or claims.
All notices, requests, demands, and other communications under this Agreement shall be made either via email or conventional mail and sent to:
P.O. Box 109, 8032 Zurich, CH
Attn. Vera Daskalaki
Notices to you may be sent to the address or email supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
When you visit ProEnglish Website or send emails to us, you are communicating electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Limitation of liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL PROENGLISH BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, PROENGLISH IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF PROENGLISH HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE COUNTRIES AND STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT PROENGLISH‘S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM PROENGLISH, AND IF NO PURCHASE HAS BEEN MADE BY YOU PROENGLISH’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED CHF 120.00.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunity to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, missed delivery or failure to store any user communications or personalization settings.
Governing law, venue, mediation
This Agreement shall be construed in accordance with, and governed by, the laws of Switzerland as applied to contracts that are executed and performed entirely in the canton of Zurich. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement, or in connection with dispute including any claim involving ProEnglish, telecommunication providers, and content providers shall be Zurich, Switzerland. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of the Swiss Chamber of Commerce Mediation (CSMC) or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of litigation expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
You shall indemnify and hold ProEnglish harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
Complete assignment, waiver
This Agreement constitutes the entire agreement between you and ProEnglish pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by ProEnglish shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by ProEnglish.
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