Terms and Conditions

The followings are the terms and conditions (the “Terms”) which apply to you, whether as an activity provider (“Tutor”), as a user, or as a subscriber (“you” or “Learner”) for the use of our online services through the website https://www.sandylingvo.com (the “Website”).

These Terms refer to the following additional terms (as and where applicable), which also apply to your use of our Website and Services:

  • Our Privacy Policy https://www.sandylingvo.com/privacy-policy/. See further under Privacy & Data Protection (the “Privacy Policy”).
  • Our Cookies Policy https://www.sandylingvo.com/cookies/ sets out information about the cookies on our Website (the “Cookies Policy”).
  • The Tutor’s Service Agreement entered into between us and the Tutor setting out the terms and conditions in relation to the provision of the Services and the Tutoring Sessions (the “Tutor’s Service Agreement”).

By accessing or using the Services, or by clicking a button or checking a box marked «I Agree» (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, and to the collection and use of your information as set forth in our Privacy Policy and Cookies Policy, whether or not you are a Learner of our Services.

Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using the Website and the Services immediately.

The unfamiliarity of the Terms is not a basis for the user and/or the Learner to raise any claims against us.

1.1.  https://www.sandylingvo.com/ is a site operated by STORMSHAW HOLDING LTD («we» or “us”). We are registered in the Republic of Cyprus under company number ΗΕ 424512 and have our registered office at 15 Spyrou Kyprianou, MATRIX TOWER II, 3rd floor, 4001, Limassol, Cyprus. 1.2. In these Terms, references to “you” or “your” are references to you whether as a visitor/user, Learner, or Tutor. 1.3. If you have any questions about these Terms or wish to contact Us for any reason please click on “Contact Us”, which can be found on the Website OR send us an email at info@sandylingvo.com.

  1. Our Services
  • 1. Through our Website we enable the Learners to connect with Tutors, acting as coaches, extracurricular activity instructors, or trainers, who provide, based on their expertise and qualifications, the following online services (the “Services”):
  • 1.1. A variety of online tutoring, coaching, and extracurricular activities for kids between the ages of three (3) years old to twelve (12) years old. The Services are available in packages that contain various combinations of subject matters, Fees, and tutoring hours (the “Tutoring Packages”).
  • 1.2. Depending on the Tutoring Package selected and purchased by the Learner, the Tutors will arrange and communicate with the Learners, through their communication channel of preference, the details (including but not limited to dates, times, materials required (if any), etc.) of the online tutoring sessions (the “Tutoring Sessions”) and access to the relevant content. The content of the Services shall include, among others, any information, materials, texts, graphics, audiovisual and other documents and/or information, related to the subject matter(s) of the Tutoring Package selected and the Tutoring Programme agreed between us communicated and/or provided by the Tutor (the “Tutor’s Content”).
  • 1.3. As part of the Services, there is a pre-Tutoring Session procedure (the “Pre-Tutoring Session Procedure”), whereby (i) we get to meet the Learner (online), (ii) we design, draw up, and/or list the areas of focus during the Tutoring Sessions of the Learner (“Tutoring Programme”), based on the interests and needs of the Learner and (iii) arranging for the Learner to the meet (online) the Tutor prior to the commencement of the Tutoring Sessions.
  1. Orders

2.1. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the Website. Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.

  • 2.2. You will be required to pay the relevant fee for the selected Tutoring Package through the Stripe payment gateway. For more information, please refer to the section Payments below.
  • 2.3. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted.
  • 2.4. Our acceptance of your order takes place when we send an email and/or text message (to the mobile phone provided at the time of payment) to you to accept it (“Order Confirmation”), at which point and on which date (“Commencement Date”) the terms and conditions of this Terms between you and us will come into existence. In the event of any inconsistency between the terms of that agreement and these Terms, the terms of [that separate agreement OR these Terms] shall prevail.
  • 2.5. If we are unable to supply you with the Services for any reason, we will inform you of this by email and/or the available communication channels and we will not process your order.
  • 2.6. You may cancel the Tutoring Package by email at info@sandylingvo.com, in which you should include details of your order, within +35799276217 days of your receipt of the Order Confirmation. You cannot cancel the Tutoring Package once we have completed the Tutoring Sessions.
  • 2.7. If we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel the supply of the Services and refund you any sums you have paid.
  • 1. Refunds
  • 1.1. You will be entitled to a partial or full refund of the Fees paid in case of non-fulfillment or improper fulfillment of obligations under these Terms in accordance with the legislation of the Republic of Cyprus and/or these Terms.
  • 1.2. The right to a full refund of the relevant Fees of the Services is withdrawn and/or becomes invalid where the Services are fully provided.
  • 1.3. If you cancel the purchased Tutoring Package prior to its completion, we will refund you the amount corresponding to the remaining Tutoring Sessions required to complete the purchased Tutoring Package.
  • 1.4. If you cancel the purchased Tutoring Package prior to its commencement, we will refund you the Fees excluding any expenses incurred by us.
  • 1.5. Any refund under these Terms will be made through the same payment gateway that the Fees of the purchased Tutoring Package were made.
  • 1.6. All refund requests shall be made and/or communicated to us through email at info@sandylingvoclub.ru. We will consider the refund request based on each case’s circumstances and we will inform you in writing whether your refund request is granted or refused within +35799276217working days.
  • 2. Payments
  • 2.1. The total cost of a Tutoring Package, under these Terms, is the fee required to access the relevant Tutoring Programme (“Fees”). The Fees are set out on our Website.
  • 2.2. Payment for the selected Tutoring Package is made by the Learner by crediting funds in the form of an advance payment in the amount of 100% of the Fees.
  • 2.3. The Fees can be changed at any time unilaterally. The new cost comes into force from the moment of publication and does not apply to Tutoring Packages paid for by the time of publication of such changes.
  • 2.4-2.5 Package discount can be provided on an individual basis
  • 2.6. Payments of the selected Tutoring Package by the Learner are made through the Stripe payment system.
  • 2.7. A payment of the Fees under these Terms is considered to be made once we receive the funds in our account.
  • 2.8. All settlements under the Terms are made in the currency of the Republic of Cyprus — Euro.
  • 3. Cancellation of an Order

The Customer has the right to refuse the purchased Tutoring Package at any time before the start of the Tutoring Sessions. In case of cancellation, please refer to the refund terms in clause 2.3 above — Refunds.

  • 4. Changing your Tutoring Package

In the event that you wish to change your purchased Tutoring Package, you must contact us at  info@sandylingvo.сom and agree on the details. For any prepaid Fees for upcoming Tutoring Sessions under your previous/purchased Tutoring Package, we will communicate with you and agree to their settlement. In the event that a refund is required due to the change of the purchased Tutoring Package, please refer to the terms in clause 2.3 above — Refunds

  1. Commencement of Services

 

  • 5.1. Within 24 hours of receipt of your Order Confirmation, you will be provided [by us] with access to the online chat (the “Chat”), where communication will be made for the Pre-Tutoring Procedure and which will be accessible for the entire period of provision of the Services under the purchased Tutoring Package.
  • 5.2. The Pre-Tutoring Procedure provided is optional and free of charge and does not affect the total cost of the purchased Tutoring Package.
  • 5.3. We provide additional bonus services in the form of providing access to a closed community channel («Community Chat«), in which the Learner can exchange information and ask questions on the topic of the Services provided to other Learners, access to participate in such a Community Chat is provided by us.
  • 5.4. The Tutoring Package is considered as completed in a satisfactory manner, in terms of the quality and scope of services, in case of absence of claims from the Learner, within 3 (three) calendar days from the last scheduled Tutoring Session.
  • 5.5. At a separate request of the Learner, the Tutor and/or us has/have the right to draw up an act on the Services rendered within 5 (five) business days from the receipt of the specified request.
  • 5.6. The Tutor shall provide the Learner with access to the Tutoring Sessions materials and/or Tutor’s Content by using the Chat.
  • 5.7. If the Learner does not connect to the Tutoring Session at the set time or within 15 minutes, and has not warned about it at least 24 hours before the start of the Tutoring Session, the Tutoring Session is considered to be provided and is not transferred to another time.
    • 1.1. We and/or the Tutor reserve the right to terminate the Learner’s access to the Tutor’s Content without refunding the paid Fees in case of violation of the rules of conduct in Chat and/or the Community Chat (these violations are, among others, inciting ethnic and/or other conflicts, insulting participants and/or a speaker and/or Tutors, unauthorized advertising, obscene statements and/or other forms of harassment).
    • 1.2. We and/or the Tutor reserve the right to cancel the Learner’s access to the Tutor’s Content without a refund if it is established that it has transferred the details for accessing the Chat to third parties, the Learner disseminates information and materials received by him/her in connection with the Services provided, to third parties for a fee.
    • 1.3. The use of the Tutoring Sessions content is allowed only for personal purposes and for the personal use of the Learner (prohibition of use for commercial purposes).
    • 1.4. Notification of a change in the time and date of a Tutoring Session, shall be sent to the Learner no later than 5 hours before the scheduled Tutoring Session by sending an appropriate notification through e-mail or by phone call to the contact phone number specified by the Learner or through the Chat.
  1. Eligibility and Authority
  • Our Services must be purchased by adults who can use them for the benefit of children in their capacity as, among others, parent and legal guardian. If you are under the age of 18, you may purchase our Services, provided you have obtained the necessary consents (as and where applicable).
  1. Warranties
  • 3.1 General
    • 1.1. We, the Tutor and the Learner provide mutual warranties of their legal and legal capacity necessary for the conclusion and execution of these Terms for the provision of the Services.
    • 1.2. We, the Tutor and the Learner each reserve the right to (i) record the Tutoring Sessions for the purposes of resolving possible disagreements and improving the quality of the Services, (ii) take photographs and videos, use photographs, videos (other media materials) of the other respective parties (as relating to the Services or made directly as part of the provision of Services, upon obtaining written consent from the other respective parties, for marketing and other similar purposes.
    • 2. User/Learner undertakes, represents, and warrants the following:
    • 2.1. You are solely responsible for maintaining the confidentiality of your account(s), the username(s), and password(s), and for all activities and liabilities associated with or occurring under your account(s), the username(s) and password(s). You must notify us immediately of any known unauthorized use of your account(s), the username(s) or password(s), and any other breach of security and ensure that you exit from your account(s) at the end of each Tutoring Session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of the use of your account(s), username(s), or password(s), either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account(s), username(s), or password(s).
    • 2.2. You may not transfer your account(s), username(s), or password(s) to another person, and you may not use anyone else’s account(s), username(s), or password(s) at any time without the permission of the account holder and us. In cases where you have authorized or registered another individual to use your account(s), you are fully responsible for (i) the online conduct of such user, (ii) controlling the user’s access to and use of the Services, (iii) informing them of their obligations under these Terms and (iv) the consequences of any misuse.
    • 2.3. In consideration of your use of the Services, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by your registration with us through the Website (“Your Data”), (ii) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (iii) comply with these Terms. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we believe that such information is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof.
    • 2.4. The Learner, by accepting these Terms, assumes all the risks associated with the use of the skills and abilities acquired by the Tutor in the course of the provision of the Services, and we and/or the Tutor are not responsible for the achievement of any results and progress of the Learner.
    • 2.5. Provide reliable information about yourself necessary to fill out the application (including full name, telephone, e-mail contacts, etc.). If the condition for access to the materials is the passage of an appropriate interview or questionnaire, and the Learner provides us with false information about himself/herself and his/her position, as well as provides other false data on the interview and/or questionnaire, we have the right to refuse to provide the Learner with the Services at any time from the date of discovery of the inaccuracy of the information provided.
    • 2.6. Maintain at its own expense the equipment necessary for access to the Services, maintain the equipment and communication channels in a good technical condition that provides it with access to the Website and Tutor’s Content. We shall not be liable for non-provision (poor-quality provision) of the Services for reasons beyond our control.
    • 2.7. Independently and timely get acquainted with the Tutor’s Content and information provided through the Chat.
    • 2.8. The Learner independently monitors all updates and changes and gets acquainted with the current/updated version of the Terms at https://www.sandylingvo.com/. Check for the presence of our notifications on the Website and/or in another form of communication specified when placing an order.
    • 2.9. Pay for the Services according to these Terms and at the cost in force at the time of payment. Check the order before proceeding with the payment.
    • 1.1. Shall take all reasonable steps to prohibit third parties to use the Tutor’s Content and the content of our Website available to him/her. If we detect the fact of using the Learner’s materials by third parties, we reserve the right to prohibit the Learner’s access without returning the previously paid funds, withholding the money as a penalty for violation by the Learner of the conditions of these Terms.
    • 1.2. Shall not assign the Services or payment to third parties.
    • 1.3. Immediately notify us of any change in your personal and contact details in writing via the contact e-mail info@sandylingvo.com or by contacting the sales manager.
    • 1.4. Comply with the start/end dates for the provision of the Services and/or the Tutoring Sessions. Time lost due to the fault of the Learner (lateness, technical problems with the Learner’s equipment, lack of internet connection or electricity on the Learner’s side, etc.) is not compensated.
    • 1.5. Shall not connect from public places with a high noise level, which may affect the Tutoring Session flow of the Learner with the Tutor and/or other participants.
    • 1.6. Shall not post personal data of third parties and/or other Learners on the Chat and/or the Community Chat without their prior (written) consent, including home addresses, phone numbers, passport details, e-mail addresses, etc., as well as screenshots from the Chat and/or Community Chat.
    • 1.7. The Learner undertakes the responsibility of viewing and studying the materials provided by the Tutor through the Chat as part of the Tutoring Programme.
    • 1.8. During the provision of the Services and the Tutoring Sessions, the Tutor has the right to expect the Learner to perform «homework» — certain actions for the Learner planned and assigned by the Tutor, allowing the Tutor to check and make sure that the Learner has mastered the information received during the training, gaining experience in solving specific problems within the framework of the Tutoring Programme, as well as for other purposes of the Tutor.
    • 2. Tutor 
    • 2.1. The Tutor guarantees the provision to the Learner of complete and reliable information about the Service provided at his request.
    • 2.2. The Tutor is not responsible for the non-compliance of the Service provided with the Learner’s expectations and/or for his subjective assessment, such non-compliance with expectations and/or negative subjective assessment are not grounds to consider the Services provided of poor quality, or not in the agreed volume.
    • 2.3. The Tutor undertakes to provide the Services paid by the Learner in a timely manner.
    • 2.4. The Tutor undertakes to provide the Services paid by the Learner properly and in full in accordance with these Terms.
    • 2.5. The Tutor undertakes to provide the Services in accordance with their description on the Website and the Tutoring Programme.
    • 2.6. The Tutors undertake to comply with any regulation, registration and/or licensing, and/or other responsibilities related to the provision of their expertise and to comply with any intellectual property regulations and/or laws regarding the material that they provide as part of their Service.
    • 3. Company
    • 3.1. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our Website without notice. We shall not be liable if for any reason our Website is unavailable at any time or for any period.
    • 3.2. From time to time, we may restrict access to some parts, or the entirety of, our Website to users who have registered with us.
    • 3.3. If you choose, or you are provided with, a username or user identification code, password, or any other information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any third party. We have the right to disable any username or user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of these Terms or the terms of any of our Tutoring Packages.
    • 3.4. We undertake to ensure that the Tutor provides the Services to the Learner in a timely manner.
    • 3.5. We undertake to ensure that the Tutor provides the Services paid by the Learner properly and in full in accordance with these Terms.
    • 3.6. We undertake to ensure that the Tutor provides the Services in accordance with their description on the Website and the Tutoring Programme.
    • 3.7. We reserve the right to make mailings, including advertising, to all Learners who registered to gain access to the materials via e-mail, social networks, SMS, as well as automatic calls. The Learner can unsubscribe from mailing lists at any time by writing about it in an email to info@sandylingvo.com.
  • 1.1. We are not responsible for the actions of banks, electronic payment systems, and other participants in the settlements providing payment and refunds in the execution of these Terms.
  • 1.1. We are not responsible for the actions of banks, electronic payment systems, and other participants in the settlements providing payment and refunds in the execution of these Terms.

 

  • 1.2. We are not responsible for the impossibility of providing the Services and /or Tutoring Sessions to the Learner for reasons related to the disruption of the internet channel, equipment, or software by the Learner, as well as for any other reasons that prevent the Learner from receiving the Services and/or Tutoring Sessions that arose through the fault of the Learner.
  • 1.3. We reserve the right to suspend the operation of our Services for preventive maintenance.
  • 1.4. We reserve the right to suspend the provision of our Services in case of violation by the Learner of the requirements stipulated by these Terms, including but not limited to the Privacy Policy and the Cookies Policy, as well as in other cases established by the legislation of the Republic of Cyprus. Restrict certain actions of the Learner if such actions pose a threat to the normal functioning of the Services.
  1.      Misuse of platform
  • 1. The Learner and the Tutor should not post commercial advertising, commercial offers, promotional information, and any other intrusive information on the Website, the Chat, and/or the Community Chat, except when the placement of such information is agreed upon with us.
  • 2. The Learner and the Tutor should not distribute discrediting information about us and/or the Tutor or the Tutor’s Content, involving third parties, which may harm our and/or the Tutor’s honor, dignity, and business reputation and its commercial project.
  • 3. The Learner and the Tutor should not post, upload, email, or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
  • 4. The Learner and the Tutor may only access the Website and the Services for lawful purposes. The Learner and the Tutor are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. The Learner and the Tutor shall not upload to, distribute through, or otherwise publish through the Website or the Services any content that they do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law.
  • 5. The Learner and the Tutor agree that they will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to use the Website or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which they are not authorized to claim such a relationship; or (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. They agree that they will treat the tutors with respect and not use obscenities, make threats, or discuss matters other than those directly related to the Services in the Chat or other in any other means of communication-related to the provision of the Services.

Viruses, Hacking, and other Offences

  • 1. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer, or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. We may cooperate with law enforcement authorities in relation to any such misuse, including by disclosing your identity to them.
  • 2. We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes, and platform in order to access our Website. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data, or other proprietary material due to your use of our Website or to your downloading of any content on them, or on any website linked to them.
  • 4. License of User Content
  •  4.1. In respect of any and all material (including data, photographs, images, sound, and text) that you send to us or otherwise contribute to our Website, Chat, Community Chat, and/or other distribution means (the “User Content”), you represent and warrant that:
  •                             4.1.1. you are entitled to grant the license granted to us under clause 6 of these Terms (the Licence);
  • 4.1.2. the User Content does not, and our use of it (including as contemplated by the Licence) will not infringe any third party’s intellectual property rights (including trademarks, copyright, moral rights, database rights, design rights, confidentiality rights, and all other rights having an equivalent or similar effect), or other proprietary rights, or personality rights or rights of privacy;
  •                             4.1.3. the User Content does not, and our use of it (including as contemplated by the Licence) will not violate any law regarding unfair competition, anti-discrimination, or false advertising;
  •                             4.1.4. all information that you disclose to us is complete and accurate;
  •                             4.1.5. the User Content is not defamatory, trade libelous, unlawfully threatening, or unlawfully harassing and does not otherwise breach any applicable law or regulation;
  •                             4.1.6. the User Content does not contain any advertising, or any political or religious message, and is not obscene, indecent, blasphemous, offensive, or sexually explicit; and
  •                             4.1.7. the User Content does not contain viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
  1. Our Intellectual Property Rights
  • 1. The Tutor’s Content and/or the content of our Website contain the results of intellectual activity (of all forms, in all media and in relation to all technologies, both currently existing and developed or created subsequently) belonging to us and/or the Tutor and are protected by the applicable copyright and/or other intellectual property legislation. No rights to any Tutor’s Content and/or the Website, are transferred to the Learner as a result of using the Tutor’s Content and/or the Website under these Terms.
  • 2. When quoting the content of the Tutor, if it is expressly provided for by the functions of the Website, the Learner undertakes to indicate a link to the Tutor’s site and/or the Tutor’s name.
  • 3. The use of the Website and the Tutor’s Content is limited by the Learner’s obligation to refrain from

3.1. reproduction, repetition, copying, sale, and assignment, use for any commercial purposes of any materials provided under these Terms;

3.2. recording of the Tutoring Sessions, text and other materials, and Tutoring Content of the Services for the purpose of their distribution (including in the form of posting on the Internet, including for a fee and without payment); and

3.3. rebroadcasting (including paid) of the Tutoring Sessions for persons who have not purchased a Tutoring Package.

All of the above obligations of the Learner to refrain from specific actions are direct prohibitions of the Learner to carry out specific actions specified in this paragraph.

In case of violation of the terms of this clause, the Tutor may proceed to take legal action against the Learner for each breach and may claim damages and/or compensation for all losses incurred, including lost profits.

  • 4. In the event that the Learner violates the provisions of these Terms regarding the protection of the Tutor’s copyrights, the Learner’s access to the Tutor’s Content and the Chat and the Community Chat may be blocked, the Services and/or the Tutoring Package may be terminated unilaterally, and no refund will be made. Withheld funds are subject to offset as a fine.
  • 5. We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free license up until the completion of the Tutoring Package to copy the Tutor’s Content and/or the Website content for the purpose of receiving and using the Services and such content for your own use. You may not sub-license, assign or otherwise transfer the rights granted in this clause.
  • 6. You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable license to copy and modify any User’s Material up until the completion of the Tutoring Package for the purpose of providing the Services to you.

Penalty clauses are generally unenforceable under Cyprus law.

In the event of a breach, it is possible for the non-defaulting party to, inter alia, take legal action against the defaulting party (e.g. in the form of an injunction) and/or claim damages / receive compensation that corresponds to the damage suffered.

Even in circumstances where an amount is specified in the contract as liquidated damages in the event of a breach, then if a matter ends up in Court, the Court will seek to ascertain the true facts and circumstances and the true level of damages incurred in deciding the amount of compensation to be granted to the non-defaulting party.

In case of violation of the terms of this clause, the Tutor may proceed to take legal action against the Learner for each breach and may claim damages and/or compensation for all losses incurred, including lost profits.

  • 1. In the event that the Learner violates the provisions of these Terms regarding the protection of the Tutor’s copyrights, the Learner’s access to the Tutor’s Content and the Chat and the Community Chat may be blocked, the Services and/or the Tutoring Package may be terminated unilaterally, and no refund will be made. Withheld funds are subject to offset as a fine.
  • 2. We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free license up until the completion of the Tutoring Package to copy the Tutor’s Content and/or the Website content for the purpose of receiving and using the Services and such content for your own use. You may not sub-license, assign or otherwise transfer the rights granted in this clause.
  • 3. You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable license to copy and modify any User’s Material up until the completion of the Tutoring Package for the purpose of providing the Services to you.
  1. Tutors’ Responsibilities1. The Tutor shall at all times maintain and be able to provide remotely via the Internet the Services, including using special equipment, software, and online services used in the Tutoring Session.
  2. The Tutor shall replace the Tutoring Session in case of incapacity due to sickness and/or other reasons. For these purposes, the Tutor shall promptly inform the Learner of such an incapacity through the available means of communication, including but not limited to Chat and/or email.
  3. The Tutor undertakes, if it is technically possible, for the purposes of the provision of the Services to grant the Learner access to the Tutor’s Content, and the Learner to accept the Services under these Terms.
  4. The Tutor shall be responsible for the completion of all relevant Tutoring Sessions under the purchased Tutoring Package by the Learner.
  5. The Tutor shall comply with all licensing obligations and the requirements under these Terms and the Tutor Service Agreement.
  6. The Tutor shall inform us immediately of any breach and/or violation of these Terms and/or the Tutor Service Agreement, including but not limited to intellectual property infringement.
  7. Our Responsibility/Liability
  • 3.1. The material on our Website and the Services provided via our Website are not intended to be advice and you should not rely on them. That the Tutoring Sessions, Tutoring Programme, and the Tutor’s Content are provided without any guarantees, representations, or warranties as to their accuracy or freedom from harmful material. To the extent permitted by law, we hereby expressly exclude:

Penalty clauses are generally unenforceable under Cyprus law.

In the event of a breach, it is possible for the non-defaulting party to, inter alia, take legal action against the defaulting party (e.g. in the form of an injunction) and/or claim damages / receive compensation that corresponds to the damage suffered.

Even in circumstances where an amount is specified in the contract as liquidated damages in the event of a breach, then if a matter ends up in Court, the Court will seek to ascertain the true facts and circumstances and the true level of damages incurred in deciding the amount of compensation to be granted to the non-defaulting party.

                          1.1.1. all conditions, representations, warranties, and other terms that might otherwise be included, whether express or implied; and

                          1.1.2. any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our Website or the use, inability to use, or results of the use of our Website (including reliance on any content displayed on our Website), any websites linked to our Website and any materials posted on our Website, including, in each case, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence and negligent misrepresentation), breach of contract or otherwise.

 1.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation.

  1.3. The content (materials) posted on the site is not professional training, there is no final certification. The service is limited to providing the Learner with online tutoring, coaching, and extracurricular activities.

  1. We and/or the Tutor are not responsible for the Learner’s health, for the inability to continue using the Tutor’s Content due to the Learner’s health, individual characteristics of the body, or other circumstances that may affect or prevent the Learner from continuing to use the content.

           

1.1. If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately at info@sandylingvo.com.

1.2. If you wish to complain about any other content, please contact us at info@sandylingvo.com

2.1. To our Website:

1.1. You may link to our home page, provided you do so in a way that is, in our opinion, fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

1.2. We reserve the right to withdraw linking permission without notice. The websites from which you are linking must comply in all respects with the representations and warranties above relating to User Content (as if that website and its contents were User Content).1.3. You must not establish a link from any websites that are not owned by you. Our Website must not be framed on any other sites, nor may you create a link to any part of our Website other than the home page.

1.4. If you wish to make any use of material on our Website other than as set out above, please » href=»https://www.educationandemployers.org/contact/»>contact us

  1. From our Website:

Where our Website contains links to other websites and resources provided by third parties and/or the Tutor, these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Indemnity

3.1. You indemnify us against each and any loss, liability, and cost (including reasonable legal expenses) that we may suffer or incur as a result of or in connection with any claim against us that results (in whole or in part) from a breach by you of your obligations under these Terms.

  1. We maintain [worldwide] professional liability insurance. Our compulsory insurer is [NAME AND ADDRESS OF INSURER], and our policy number is [POLICY NUMBER].]
  2. Force Majeure

 1.1. The parties are released from liability for non-performance or improper performance of obligations arising from these Terms, if the reason for non-performance (improper performance) is force majeure circumstances, which, among others, include natural disasters, fires, man-made accidents, and catastrophes, accidents at engineering structures and communications, riots, hostilities, terrorist acts, riots, civil unrest, strikes, epidemics caused by the spread of the virus, regulations of state authorities and local self-government that prevent the parties from fulfilling their obligations under these Terms, that is, extraordinary and insurmountable given conditions of circumstances beyond the control of the parties that occurred after the Commencement Date (“Force Majeure Event”).

  • 2. If a Force Majeure Event takes place that affects the performance of our obligations under these Terms: 2.1. we will contact you as soon as reasonably possible to notify you; and 2.2. our obligations under these Terms will be suspended and the time for the performance of our obligations will be extended for the duration of the Force Majeure Event. We will arrange a new date for the performance of the Services with you after the Force Majeure Event is over. 3. You may cancel the Tutoring Package and/or terminate your obligations under these Terms affected by the Force Majeure Event which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred by us by performing the Services up to the date of the occurrence of the Force Majeure Event
  1. Force Majeure

  1.1. The parties are released from liability for non-performance or improper performance of obligations arising from these Terms, if the reason for non-performance (improper performance) is force majeure circumstances, which, among others, include natural disasters, fires, man-made accidents, and catastrophes, accidents at engineering structures and communications, riots, hostilities, terrorist acts, riots, civil unrest, strikes, epidemics caused by the spread of the virus, regulations of state authorities and local self-government that prevent the parties from fulfilling their obligations under these Terms, that is, extraordinary and insurmountable given conditions of circumstances beyond the control of the parties that occurred after the Commencement Date (“Force Majeure Event”).

  1. If a Force Majeure Event takes place that affects the performance of our obligations under these Terms:

2.1. we will contact you as soon as reasonably possible to notify you; and

2.2. our obligations under these Terms will be suspended and the time for the performance of our obligations will be extended for the duration of the Force Majeure Event. We will arrange a new date for the performance of the Services with you after the Force Majeure Event is over.

  1. You may cancel the Tutoring Package and/or terminate your obligations under these Terms affected by the Force Majeure Event which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred by us by performing the Services up to the date of the occurrence of the Force Majeure Event
  2. Communication between us

1.1. When we refer to «in writing» in these Terms, this includes email and/or available chats.

1.2. Any notice or other communication given by one of us to the other under or in connection with these Terms must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email or the Chat.

1.3. A notice or other communication is deemed to have been received:

1.3.1. if delivered personally, on signature of a delivery receipt, or at the time the notice is left at the proper address;

1.3.2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

1.3.3. if sent by email and/or Chat at 9.00 am the next working day after transmission.

1.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

1.5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

  1. Safeguarding

We are not responsible for performing any checks or validations required to ensure the safeguarding of children or vulnerable adults. However, we reserve the right to restrict access to our Website or any Tutoring Session, and/or to refer information to the appropriate authorities, if we suspect that a Tutor who has registered with us has harmed or poses a risk of harm to children or vulnerable adults.

  1. Variations

We may revise these Terms at any time unilaterally without prior agreement with the Learner and/or the Tutor by amending this page. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our sites.

 Notice of changes to these Terms is additionally included in an email sent to the Tutor and the Learner.

  1. Severance

Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect

  1. Governing Law

The Terms are governed by Cyprus law and we each irrevocably agree to submit all disputes arising out of or in connection with the Terms to the exclusive jurisdiction of the Cyprus Courts. All disputes and disagreements between the parties are resolved through negotiations. At the same time, the claim procedure for resolving disputes arising from relations under these Terms and/or the Tutor’s Service Agreement is mandatory. The recipient of the claim, within 20 calendar days from the date of receipt of the claim, notifies the claimant in writing of the results of the consideration of the claim.

 

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