- Introduction and acceptance of the terms & conditions
- Update of terms & conditions
- Nature of Site
- Technical requirements
- Tutors’ Warranties
- Students’ Warranties
- Payment and refund
- Cancellation of the session
- Availability of the site and modifications
- Applicability of online materials
- Linked sites
- Disclaimers and limitation of liability
- Intellectual property
- Force Majeure
Introduction and acceptance of the terms & conditions
The following terms and conditions govern all use of the fluentify.com website (“The Site”). The Site is owned and operated by Fluentify UK Ltd (“Fluentify”), a company registered in England with Company
Update of terms & conditions:
We may change the Terms from time to time, so you must check them regularly. Your continued use of the Site will be deemed acceptance of the updated or amended Terms. If you do not agree to the changes, then please do not use the Site.
All notices shall be sent by e-mail. Notices are to be sent to us at email@example.com. We shall send notices to Users at the e-mail address provided to us during the registration process. Notices will be deemed received 24 hours after the e-mail is sent. If a User changes his e-mail address he must notify us immediately.
If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.
Any failure or delay by us to exercise or enforce any right in these Terms does not waive our right to enforce that right.
These Terms and the User’s use of the Site are governed by English law and both parties submit to the exclusive jurisdiction of the English courts.
Fluentify UK Ltd reserves the right to refuse the Fluentify service to any Student for any reason if deemed necessary. Students will be informed that the Fluentify Service will not be available to them, but they would be awarded a refund for any outstanding sessions under these circumstances.
Fluentify UK Ltd constantly monitors the fluentify.com platform, any anomalous activity registered on the website will be taken very seriously and immediately fixed as soon as the problem is located. Fluentify UK Ltd reserves the right to record the speaking session and classes in order to guarantee the User’s safety and to improve the service quality.
Fluentify UK Ltd is not responsible for any damage due to a document or file shared through the platform. The User complies to check the appropriateness, the legality and the safety of the file he/she wants to share.
Student feedback is not compulsory, but it is nominative, personal and well-accepted by Fluentify UK Ltd. Feedback will not contain offensive, unlawful, sexually oriented, vulgar or inappropriate material. Users who leave inappropriate feedback will be immediately noticed, the comment will be deleted and action will be taken against them.
The following expressions shall have the following meanings:
“Fluentify Service” a Course, a Speaking Session or a pack of Speaking Sessions;
“Charge” the amount payable by the Student to Fluentify UK Ltd related to a Fluentify Service;
“Student” a person using the Site for the purpose of using the Fluentify Service;
“Tutor” a person using the Site for the purpose of offering tutoring services to consumer clients;
“Tutor PRO” a person using the Site for the purpose of offering tutoring services to consumer and corporate clients;
“Speaking session” a 30-minute one-to-one session between Tutor and Student conducted via the facilities available on our Site. Students can book up to 7 speaking sessions per week;
“Class” a session between 1 Tutor and up to 4 Students conducted via the facilities available on our Site;
“Pack” a bundle of tokens to book speaking sessions with any Fluentify tutor available on the platform;
“Token” a pre-paid Speaking session. Tokens can be obtained by buying a Course or pack;
“User” a Tutor, a Student or anyone using the Site.
“Course” an English as a second language program composed of Speaking Sessions, ebooks and other learning contents depending on the Course subject. Courses are divided into 3 main Areas: Education, Work and Travel.
In these Terms, words importing the singular shall include the plural and vice versa, words importing the masculine shall include the feminine and neuter and vice versa, and words importing persons shall include bodies corporate, unincorporated associations and partnerships.
Nature of Site
The Site provides an e-learning platform whereby Students can seek assistance with learning English as a second language.
The Site holds the details of Tutors who might be able to assist. It is solely the Student’s responsibility to evaluate which Tutor is suitable.
The Speaking session will take place through the online videoconferencing platform offered by the Site.
The Fluentify platform works on every computer, both home computers and PCs, on Android devices using Google Chrome and Apple devices thanks to the free app “Fluentify Live” available on the App Store (here). The User needs to have access to an Internet connection that will provide qualitative images and sound for the speaking session, a webcam that is compatible with the Internet provider in use and a working microphone. Failure to comply with these criteria may result in extra sessions awarded to students due to lack of quality in the technical performance of the Tutor.
The rights of access to and use of the services are non-transferable. The user is recognised by an identifier and a password for which he/she is entirely responsible. The user agrees to keep the constituent parts of the identifier secret and not divulge them to anyone.
Users must register with a valid personal email address that must be confirmed and to which they have regular access so that moderation emails can be sent to them. If a user registers with someone else’s email address, or with a temporary email address, then his registration may be terminated without notice. We may require Users to revalidate their registration if we believe they have been using an invalid email address. We reserve the right to terminate a registration if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of registrations.
Fluentify and its mobile application will not post on your behalf on Facebook, only Public Profile Information, list of Friends and Email Address will be taken in order to validly register on the Fluentify platform.
Minors can sign up with the assistance and constant presence of the parent or of a designated guardian who will comply with the terms and conditions for the child. The parent or the guardian has to stay for the whole duration of the speaking session next to the child/minor. Any breach of this term will result in the immediate termination of the account created by the parent (or the guardian). The parent (or the guardian) takes full responsibility of being present throughout the whole speaking session in order to prevent the child from being offended or vulnerable to vulgar and inappropriate language or/and inadequate images.
Users agree to use the instant messaging service in accordance with the following rules (“the Rules”):
No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
No unlawful or objectionable conduct: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
No spamming or off-topic material: discussions should be relevant to the topic at hand and must not include unsolicited promotional material.
No advertising or promoting: we do not allow advertising, promotions nor the posting of other web site addresses. Fluentify UK Ltd reserves the right to change the website and add advertising after the creation of the website.
No impersonation is allowed. The User agrees not to create a false identity. If the User logs in with unauthorized Facebook username and password belonging to third parties or which do not correspond to real identity of the User, the account will be immediately terminated.
No inappropriate (e.g. vulgar, offensive etc.) user names will be approved. Fluentify UK Ltd reserves the right to terminate or to not accept a username for whatever reason.
Users may not use the instant messaging facility to submit or share any defamatory or illegal material of any nature. This includes text, graphics, video, programs or audio. Submitting or sharing material with the intention of committing or promoting an illegal act is strictly prohibited.
Users must not violate, plagiarise, or infringe the rights of third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.
If a User fails to abide by the Rules (and any variations thereto) he will be sent an email which informs him why he has breached the Rules. This email will also include a warning that continuing to break the Rules may result in action being taken against him. This action may include the temporary or permanent suspension of his ability to participate in any Fluentify Service. If we consider such breach of the Rules to be serious and/or repeated, we may use whatever information that is available to us about the User to stop any further such breaches. This may include informing relevant third parties such as the police, his employer, school or email provider about the infringement. We reserve the right to take action against any User or any account, at any time, for any reason. We reserve the right to terminate a registration if a User disrupts any of our services in any way.
Tutors hereby warrant to us and to all Users that:
- They are at least eighteen years of age and they are proficient English speakers;
- They have provided us with accurate and up to date information about themselves;
- They are personally responsible for the information posted by them on the Site and shall indemnify us against all and any liability incurred as a result of any false, inaccurate, incomplete or misleading information provided about themselves;
- They will not request to any User any information that could allow the User to be personally identified including, but not limited to, phone number, email address, home address, postal address, web-site address or details of any organisation, school or body of which they are a member;
- They are not employees of ours and are responsible for their own income tax, national insurance and other liabilities payable;
- Fluentify requests that they include a minimum of 15 hours of availability a week and they are free to set their availability whenever they wish to conduct a Speaking Session, and can perform a Speaking Session from wherever they wish;
- They can decide to leave the platform at any time, no notice is required. By sending an email to firstname.lastname@example.org Fluentify will issue a final payout in order to pay the outstanding balance;
- They are equipped with the necessary technology that supports the platform and it is functional to the completion of the session with the Student (www.fluentify.com/test);
- They shall indemnify us against any and all losses, liabilities, costs, damages and expenses howsoever incurred by us in connection with their use of the Site and the breach of any of these Terms;
- Their behaviour during the Speaking session and at any moment on the Site will not be disruptive, offensive, abusive, unlawful, harassing, defamatory, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable in any respect;
- No material used by them in the course of a Speaking session will be offensive or defamatory and it will not infringe any UK or international law (including laws relating to copyright);
- They are wholly responsible for the appropriateness and the content of any video or other material that they provide as part of a Speaking Session; and
- They will participate fully and professionally in all applicable Speaking Sessions. In case that the Student is late or does not show up to the videoconferencing platform for any reason, the Tutor shall stay connected for the whole duration of the Speaking Session (thirty minutes).
- They will not attempt to interfere with the contractual relationship that the Site has created, by preventing one party or the other to successively establish business relationships with Fluentify. The User will be immediately dismissed if he/she attempts to send a competitor’s (or Skype, FaceTime, or any other communication software) user name on the Fluentify private chat with the aim of shifting away one side or the other. Both the Student and the Tutor will not attempt to induce the other party to breach the contract with Fluentify. The consequences of this action will be unilateral rescission of the contract by Fluentify UK Ltd and the payment of the damages occurred to the Site. Tortious interference and tortious inducement are parts of the economic torts and are severely punished in the UK legal system. A fine of up to £1,000 can be sanctioned to the Tutor in case of tortious inducement or interference. This fee can be taken directly from the tutor earnings.
- If the Tutor decides to have an extra Speaking session or to extend the Speaking session with a Student, it has to be communicated to email@example.com within 24 hours. All anomalous activity that has not been communicated to us will be considered as unauthorised activity.
- Tutors will always arrive sharply on time at the scheduled speaking session; the consequences for being more than 5 minutes but less than 15 minutes late will be a fine of the equivalent of €10 which will be taken from the session’s earnings, but the amount due for the session will still be collected by the Tutor; if the Tutor does not show up or is more than 15 minutes late at the scheduled session he/she will not collect any earnings and he/she will be fined for €10 (Fluentify UK Ltd is authorized to take the amount due from his/her Fluentify account earnings); The tutor cannot cancel Speaking Sessions past 6-hour notice. If the Tutor cancels a Speaking Session without providing the 6-hour notice, the Tutor will be fined for €10.
If the Tutor does not show up at a Placement Test Session (a student’s first session on the Fluentify platform) he/she will be fined €50.
- If a tutor marks a missed sessions (no-show) as completed the session will not be paid to the tutor and he/she will have to pay a penalty to Fluentify UK LTD equal to £1,000, without prejudice to further indemnities for any damages that Fluentify UK LTD may incur in due to the tutor’s behavior. Shall the tutor mark a missed sessions (no-show) as completed for 3 times, Fluentify UK LTD reserves the right to terminate the agreement for the supply of the services with the tutor.
- Users must perform sessions on the Fluentify videoconferencing platform. Tutors that fail to report technical issues during the session and perform the speaking session on a different platform will not be paid for that session.
- Tutors will fill out the feedback form after every Speaking Session. Filling out the feedback form is mandatory and Tutors have 48 hours to leave feedback or to report tech issues related to the feedback form system. If Tutors do not complete the Feedback Form or report issues within the deadline, the related session will not be paid for. They will then have an additional 24 hours to leave the feedback in order to avoid a €10 fine.
- Fluentify has the right to terminate a Tutor account if they disrupt the service in any way. This includes, but is not limited to, continuously arriving late for scheduled sessions, missing scheduled sessions without warning or cause, not providing sufficient teaching support, not completing student feedback forms by the deadline, or any other action that may negatively impact the Fluentify platform and user experience.
- All Fluentify tutors will participate in an ongoing Tutor Review Process in order to provide professional development support and guarantee high-quality teaching sessions for Fluentify students.
Students hereby warrant to us and to all Users that:
- They will not provide Users with any information that could allow them to be personally identified including, but not limited to, phone number, e-mail address, home address, postal address, web-site address or details of any organisation, school or body of which they are a member;
- They are fully responsible for assessing the suitability of a Tutor based on their profile;
- Their behaviour will not be disruptive, offensive, abusive, unlawful, harassing, defamatory, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable in any respect;
- They are not less than eighteen years of age. Minors can only participate with the involvement of a parent or guardian;
- For any issue the Student has faced throughout the session the Student is invited to contact us at firstname.lastname@example.org.
- Fluentify UK LTD may terminate the service to students who for 3 times during the training plan period do not show up to a booked session failing to dismiss it by and within 6 hours prior to the session, (see para. “Cancellation of the session”);
- Business students are assigned with licences that cannot be transferred or used by third parties unless expressly authorised by written communication by the Fluentify team;
Payment and refund
- Students buying packs with Fluentify Tutors will receive tokens allowing them to book Speaking Sessions with any Fluentify Tutor. Unused tokens will expire and become unavailable after 6 months from the purchase date. The Charges are inclusive of any applicable VAT. The Student will be able to select the currency in which he will complete the payment: the exchange rate is an approximation of the market rate and is set by Fluentify UK Ltd.
- Students buying packs with Fluentify PRO Tutors will receive tokens allowing them to book Speaking Sessions with any Fluentify PRO Tutor. Unused tokens will expire and become unavailable after 6 months from the purchase date. The Charges are inclusive of any applicable VAT. The Student will be able to select the currency in which he will complete the payment: the exchange rate is an approximation of the market rate and is set by Fluentify UK Ltd.
- Students can also book sessions with Tutors immediately, if the desired Tutor is available. In this case, the system will require a maximum 8 minute window to confirm the availability of the Tutor. If the selected Tutor will not confirm to be available to practice within 8 minutes the session will not be booked, whereas if the Tutor within the same time window confirms the availability the session will take place immediately.
- Students will have to buy tokens in advance for the Fluentify Service.
- Payment can only be made through credit, pre-paid and debit cards or Paypal. We are unable to accept cash, cheques or bank transfers.
- For your personal safety, Fluentify UK Ltd uses a secured payment gateway system on the fluentify.com platform that will make sure that the payment goes through as safely as possible. If you experience any problems with the payment, please contact us at email@example.com.
- Fluentify.com will not store the info about your payment, so the User shall fill in the personal information about Credit, pre-paid and debit cards or Paypal for each purchase. For packs, the whole amount will be requested all at once before the first speaking session.
- The currencies displayed on the fluentify.com platform are Euro (EUR-€) , British pound (GBP-£) and US dollar (USD-$).
- We shall collect payments from Students. Once a Speaking Session has concluded, Tutors will receive the agreed amount for the Speaking Session on their Fluentify profile once they successfully submit the feedback for their student.
- The consumer shall have a period of 14 days in which to withdraw from the conclusion of the contract without penalty and without giving any reason” (cooling off period). The user may not exercise the right of withdrawal if one or more speaking sessions have been booked before the end of the cooling-off period.
- Speaking sessions are paid to Tutors based on the number of sessions they have completed on Fluentify.
- New tutors must successfully complete at least 20 Speaking Sessions within their first 6 weeks on the platform starting from their first Speaking Session on the Site. Fluentify UK Ltd reserves the right to terminate the tutor Fluentify account when the abovementioned goal (20 Speaking Sessions within their first 6 weeks on the platform) is not met by the Tutor.
- Speaking sessions booked with tokens that fall under the Fluentify Courses are paid to Tutors based on the Course Area.
- Fluentify PRO Tutors are paid at a fixed rate, based on the number of sessions they have completed on Fluentify.
- Tutors can request a Payout once they have earned at least 50€ tutoring on the platform. Payouts are processed twice a month, on first and third Thursdays of a month. The request can be performed until Thursday 3am (UK time), while payments will be processed by Thursday midnight (UK time). Timing to receive the payment on a Tutor’s personal account can vary according to the Tutor’s banking system.
- If Tutors don’t accept a payout when it is first processed they will be charged a €10 fee when it is re-processed.
- Tutor payouts of less than 1,000€ will be subject to a 5€ fee. Payouts over 1,000€ will be free of charge.
- Fluentify UK Ltd will transfer the money to a tutor’s bank account for free. Tutors can ask to receive their money either through bank transfer or via PayPal, although PayPal fees will be charged to the Tutor. By requesting the payment, the Tutor authorizes Fluentify UK Ltd to create a payout slip in his/her name and on his/her behalf; this payment will have to be added to the yearly earnings by the Tutor. VAT registered Tutors must submit an invoice to Fluentify UK Ltd every time they request a payout. Without the issued invoice, the payout will not be processed.
- If the Student is not able to attend a Speaking session for any reason, he shall cancel it directly on the Site with a 6-hour notice from the beginning of the Speaking session (the same notice is applicable to the Tutor). The Student will have the option to reschedule the speaking session for free. If no notice is given, the session will be deemed as having been attended, so no refund will be given and the money for the Speaking session will be transferred to the Tutor’s account once they fill out the feedback form.
- Occasionally the Tutor may have an unavoidable emergency or illness that could result in having no option other than canceling the scheduled Speaking session within the 6 hour window. When this happens, the Student will be notified via email as soon as the Tutor notifies Fluentify. A new token will be issued to the Student’s account allowing him to reschedule another Speaking session for free.
- If the Students could not carry on the Speaking session or it started later because of technical problems on our behalf or on behalf of the Tutor, or if the problem is due to any unforeseen or uncontrollable circumstances that affects the connection for the Students, they shall contact us at firstname.lastname@example.org. Each student has to check that the Technical Requirements match his/hers so that the Speaking session can begin and run well.
- Students buying a Course will get access to the Course contents and a specific number of tokens. Tokens allow students to book Speaking sessions with the tutors that are part of the respective Course area.
Cancellation of the session
Once the Student has booked a session, both the Tutor and the Student himself are expected to be available at the scheduled time. In case of unavailability, the User is able to cancel the session up to 6-hours prior to the session. If the User has become unavailable and the 6-hour notice has already been passed, the User can contact us at email@example.com and inform us about the problem. We will immediately contact the other party and arrange another session if needed. If the Tutor does not warn us of his absence, disciplinary consequences will be taken by us and another session will be booked for free (if the Student agrees to), or the amount paid by the Student will be fully refunded or taken back from the Tutor’s account to book another session with another Fluentify Tutor. If no notice is given by the Student, the class will be deemed as having been attended, so no refund will be given.
Anyone can create a Student profile, which is free of charge. Once a profile has been created, the Student can then buy Tokens and use them to book speaking sessions with the desired Tutor. Once the Speaking Session has been completed, either the Tutor or the Student close the video conference window and the Student and the Tutor will be asked to leave feedback.
In order to become a Tutor, the User has to apply via an online form available on the Site. To apply as a Tutor, a User shall:
- Be at least eighteen years old;
- Be a proficient speaker of the language he wishes to teach;
- Guarantee a minimum weekly availability on the Site (15 hours);
- Demonstrate an engagement to the Site’s mission;
- Accept our Terms & conditions and follow them always;
The minimum requirements to submit the application in order to become a tutor are:
- At least 2 years teaching experience;
- TEFL Certificate (e.g. CELTA);
- Tech-savvy: fairly confident with computers, different web browsers, and integrating microphone and video camera tools;
- Stable, reliable internet connection;
- Friendly, flexible, and professional teaching approach.
Once the previous requirements are fulfilled the tutor can submit his/her application. Each tutor is carefully selected through a three-step application process by Fluentify UK Ltd, which reserves the right to choose or not any User who has submitted the application. The three-step application process consists of:
- Send video of presentation and general information. The applicant will be contacted for response within two months (60 days).
- In case the applicant will be a candidate of interest to Fluentify, an invitation to interview will be sent to him/her.
- The Education committee will decide and communicate its decision to the candidates within 30 days after the interview.
Tutors will only be able to actively work once they will have completed the Tutor training.
Any breach of any of the previous points will result in the immediate cancellation of the Tutor’s profile and the write-off of any outstanding Tutor’s account balance.
Each individual Speaking session lasts 30 minutes. Tutors often have tight schedules, so session-time shall be carefully respected.
If a Student or Tutor connects to start a Speaking session and has a very poor Internet connection (or if it fails) the Tutor shall guide the Student through standard troubleshooting procedures by using the internal chat. Both the Student and Tutor shall confirm that they are using the Chrome web browser. If yes, they shall both close and reopen the browser and close any other running programs or windows. Student and Tutor will both confirm that they have allowed access to the use of their webcam and microphone via the web browser. Finally, if still unable to connect, Tutor and Student can try to complete the session on another videoconferencing platform.
If Student and Tutor are unable to complete a session after following all troubleshooting steps, they will both close the session and notify the Fluentify customer service by writing an email to firstname.lastname@example.org explaining the connection issues along with the date and time of the session.
If the Student is unhappy with any Speaking Session he shall report his concerns to us within 48 hours from the end of the Speaking Session by writing an email to email@example.com. We shall then investigate these concerns and, if appropriate, arrange a refund. Our decision in this regard is final and binding. Any unlawful behaviour of both the Student and the Tutor will be reported to the appropriate institution.
Tutor and Student are responsible for ensuring they are in a safe and appropriate place when connecting to a Fluentify session.
By providing evidence, the student or the tutor that feel the other user is not in a safe or appropriate place can cancel the session. The Fluentify team will then investigate the case. Sessions may be refunded to the student and tutors may not get paid.
Availability of the Site and modifications
We reserve the absolute right to alter, suspend or discontinue any aspect of the Site or the services provided through it, including access to it. Unless explicitly stated, any new features on the Site, including but not limited to the release of new services, shall be subjected to the Terms.
We aim to make the Site available at all times but cannot guarantee that the Site will operate continuously or without interruptions nor that it will be error free. Users must not attempt to interfere with the proper working of the Site and, in particular, users must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other Internet connected device.
We cannot guarantee the continued availability of any Tutor and accept no responsibility or liability for the withdrawal, removal or unavailability of the same.
Applicability of Online Materials
The Site is controlled and operated by us from our offices in England. We make no representations that the Site or any content of it is appropriate or available for use in other countries. Those who visit the Site from other countries do so on their own initiative and at their own risk.
For content that is covered by intellectual property rights, like photos and videos (IP content), the User specifically gives us the following permission, subject to his privacy and application settings: he grants us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that he posts on or in connection with Facebook (IP License). This IP License ends when the User deletes his IP content or account unless the content has been shared with others, and they have not deleted it.
All copyright for the Fluentify Course contents belong to Fluentify UK Ltd. Tutors are not allowed to use or share any content provided by Fluentify UK Ltd with third parties. Tutors agree to delete all the content provided by Fluentify UK Ltd as soon as they leave the platform.
We may provide hypertext links to other sites on the Internet which are operated by other people who we believe offer services and/or products which complement those offered by us. We make no representations whatsoever about any other sites which users may access through this Site or which may link to the Site. When the User accesses any other site, the User does so on the understanding that:
- It is independent from this Site and that we have no control over the content or availability of that site;
- A link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a site;
- We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
Disclaimers and Limitation of Liability
The views expressed by Users are theirs and unless specifically stated are not shared by us. We are not responsible for any information provided by Users via the Site.
We are not responsible for the availability or content of any third party sites that are accessible through the Site. Any links to third party websites from the Site do not amount to any endorsement of that site by us and any use of that site by a User is at his own risk.
The Site and all materials and information thereon, (including the information, names, images, pictures, logos and icons regarding or relating to us, our products and services – or to third party products and services), is provided on “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we exclude all representations, warranties and endorsements (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by us is correct at the time of publication, no responsibility is accepted by us for any errors, omissions or inaccurate content on the website.
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our proven negligence. Subject to the previous sentence, we shall not be liable for any consequential, loss or damage of any nature whatsoever and howsoever arising (whether such damage or loss was foreseen, foreseeable, known or otherwise) out of or in connection with the viewing, use or performance of the Site or its content, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants or agents, or any other person. This shall include (but not be limited to) loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the use of the Site regardless of the form of action.
We do not warrant that the Site or any aspect of it will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. All Users acknowledge that it is their responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.
Users are responsible for ensuring that their computer systems meet all relevant technical specifications necessary to use the Site and that they are compatible with the Site. Users also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. Users are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.
We accept no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material available on or through this Site.
No warranty or representation expressed or implied is given in respect of any Tutor. We accept no liability for any loss, damage, cost, expenses or other claims for compensation arising from the introduction of a Tutor to another User. Neither do we accept liability for the failure of the Tutor to meet the User’s requirements.
Fluentify UK Ltd uses third party services, such as video conferencing, hosting servers, email processor, payment gateways and data analysis provider. Fluentify UK Ltd shall accept no liability for any loss, damage, cost, expenses or other claims for compensation arising from third party providers.
These Terms does not transfer any Fluentify UK Ltd or third party intellectual property from Fluentify UK Ltd to you, and all right, title and interest in and to such property will remain (as between the parties) solely with Fluentify UK Ltd. Fluentify UK Ltd, fluentify.com, the logo, and all other trademarks, service marks, graphics and logos used in connection with fluentify.com or the Site are trademarks or registered trademarks of Fluentify UK Ltd or Fluentify UK Ltd’s licensors. Other trademarks, service marks, contents, graphics and logos used in connection with the Site may be the trademarks of other third parties. A User’s use of the Site grants him no right or license to reproduce or otherwise use any Fluentify UK Ltd or third-party trademarks.
Fluentify UK Ltd may terminate a user’s access to all or any part of the fluentify.com Site at any time, with or without cause, with or without notice, effective immediately. The terminated User will be fully refunded if a pack of sessions or a single speaking session was left unused. If a User wishes to terminate this agreement or his fluentify.com account (if he has one), he may simply discontinue using the Site. If a Student wishes to cancel the account, at any time the Student may state so by written notice sending an email to firstname.lastname@example.org. We will normally cancel the account within 48 hours (working days MON-FRI) from such notice.
The account will not be terminated unless specifically requested by the User. The User can terminate the account by clicking here. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Fluentify UK Ltd shall not be deemed as responsible in case the following occur:
- An act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder;
- Ionising radiations, or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;
- Pressure waves from devices travelling at supersonic speeds or damage caused by any aircraft or similar device;
- A strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), in each case affecting on a general basis the industry related to the affected Services and which is not attributable to any unreasonable action or inaction on the part of the Company or any of its Subcontractors or suppliers and the settlement of which is beyond the reasonable control of all such persons;
- Specific incidents of exceptional adverse weather conditions in excess of those required to be designed for in this Agreement which are materially worse than those encountered in the relevant places at the relevant time of year during the twenty (20) years prior to the Effective Date;
- Tempest, earthquake or any other natural disaster of overwhelming proportions; pollution of water sources resulting from any plane crashing into
- Discontinuation of electricity supply, not covered by the agreement concluded with the [utility company];
- Other unforeseeable circumstances beyond the control of the Parties against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts.