Terms and Conditions
Last updated April 27th 2021
All rights reserved.
Definitions
Service
The Service is the https://www.learnadvancedenglish.com website (the “website”, the “Service”, “we”, “us”, “LearnAdvancedEnglish.com”, or “our”).
Membership
A “membership” gives students a certain level of access to the LearnAdvancedEnglish.com services, for a certain amount of time. The amount of service access depends on which membership you have chosen. Some require various amounts of money, some are free. Also known as a “subscription”.
Registration
In order to receive the LearnAdvancedEnglish.com services and use a membership, it is necessary to “register”. This means providing LearnAdvancedEnglish.com certain personal details such as your email address and name, as well as certain financial details if you are buying a membership. (Done through a secure payment provider.)
Student
This is the term given to those who subscribe to LearnAdvancedEnglish.com. “Member” is also used.
Teacher
This is the term given to those at LearnAdvancedEnglish.com who create and manage lesson material, and instruct students. They are chosen and qualified to do so under the terms of this agreement.
Visitor
This is the term given to those that read and interact with LearnAdvancedEnglish.com content, but do not currently have a membership.
These Terms and Conditions cover:
1) Membership duration, cancellation and refund
2) Use of website services
3) Class length
4) Payment of fees
5) Technical issues
6) Respect, vulgarity and anti-bullying policy
7) Questions and information
8) General
9) Learning quality
10) Intellectual property rights
11) Intellectual property rights of “User Generated Content”
12) Links to our site
13) Disclaimers
14) Warranties and limitation of liabilities
15) Viruses, malware, and security
16) Communication from us
17) Law and jurisdiction
18) Information privacy
19) Data protection and privacy
20) Disputes
21) Warranties and indemnities
22) Limitation of liability
1. Membership duration, cancellation and refund
1.1 When students buy a membership, a recurring payment is automatically set-up: the monthly fee is automatically taken from the student’s bank on roughly the same day each month (the “renewal date”).
1.2 Students can cancel their membership at anytime, for any reason, by visiting their account page. When this happens, the membership will simply expire at the renewal date and no more money will be taken.
1.3 We do not offer refunds. There is ample opportunity for students to sample the lesson material at LearnAdvancedEnglish.com - every membership has a 14 day trial for a low price, for example. If students are happy, they simply continue to subscribe.
Students are not tied into lengthy contracts.
1.4 LearnAdvancedEnglish.com reserves the right to amend, discontinue or terminate our services under this agreement (these “Terms and Conditions”), at any time and without compensation - especially if you commit a breach of any of our terms.
Namely:
- If any information provided by you is found to be untrue, inaccurate, out-of-date, or incomplete;
- If you act in a way that has brought, or could bring, LearnAdvancedEnglish.com in to disrepute;
- Other possible reasons are included in the rest of this agreement, especially in sections [8], [10], [12], [13], [14], [16], [17], [18], [21], [22], [23], [24], [26].
1.5 You can stop receiving our services at any time (which would terminate our agreement) simply by cancelling future payments on your “Account” page by clicking on: 'Subscriptions'. (https://learnadvancedenglish.com/account/)
If you are unable to do that due to technical faults, you can send us a written notice at contact@learnadvancedenglish.com.
Please note: The email you send us to cancel your account will need to be sent from the email address you used to register with us, as well as including your username.
2. Use of website services
2.1 LearnAdvancedEnglish.com does not bear any responsibility for the quality of your Internet connection or equipment.
You are responsible for obtaining and maintaining equipment that is of the necessary standard to run the LearnAdvancedEnglish.com services – including hardware (such as computer or mobile device etc.), virus protection software, adequate internet connection services and hardware.
2.2 Some service users may also wish to join in parts of lessons that are “recorded live”. Should any student be chosen to participate, it will be necessary that they have adequate hardware, including adequate microphone and video recording devices (webcam), as well as a fast enough internet connection.
2.3 You agree that LearnAdvancedEnglish.com is in no way responsible for your performance on any test, relationship, or work or any other circumstance that requires English in any way.
2.4 You agree that LearnAdvancedEnglish.com cannot guarantee that its lessons are equivalent to any standard, certified or otherwise, offered by any other educator.
2.5 You accept that not everyone can, or will, be accepted to participate in “recorded live” parts of lessons. It is entirely at the discretion of LearnAdvancedEnglish.com.
2.6 You accept that not every piece of work or question from students will be used by LearnAdvancedEnglish.com. It is entirely at LearnAdvancedEnglish.com’s discretion which work is chosen to be corrected and displayed in lessons; it is entirely at LearnAdvancedEnglish.com’s discretion which student questions they choose to answer.
2.7 You accept that the questions and work submitted by students will not always be of the same quality from one lesson to the next. You also accept that there may sometimes be very little work and very few questions submitted by students to LearnAdvancedEnglish.com. You accept that this is beyond the control of LearnAdvancedEnglish.com and they shall not be held accountable for this.
You accept the efforts of LearnAdvancedEnglish.com to create lessons of reasonable quality from whatever submitted work and questions they receive from students.
2.8 You accept the efforts of LearnAdvancedEnglish.com to meet their guarantee of reasonable quality with regards “amount of time spent on each lesson” by LearnAdvancedEnglish.com. Meaning, the following:
We state that we will spend, on average, 3 hours per lesson. In real terms, for example, a “Bronze student” will be expecting 4 lessons per month, with 12 hours minimum per month spent by LearnAdvancedEnglish.com in total to research, create, post, answer questions, correct work, and submit further work.
You accept that it is at the discretion of LearnAdvancedEnglish.com how much time is given to students to submit work and answer questions; it also, therefore, at the discretion of LearnAdvancedEnglish.com how long it takes them to fulfil their “amount of time spent on a lesson” promise.
In certain circumstances, where student participation is low or less than a desired quality, LearnAdvancedEnglish.com reserves the right to compensate for this at their own discretion in order to meet their minimum time standard for each membership. For example, we may post extra lesson material in any given month.
2.9 Access to our website is provided on an “as is” and on an “as available” basis.
2.10 Students pay for memberships that allow them access to different lessons:
- Gold gives access to 9 lessons;
- Silver gives access to 6 lessons;
- Bronze gives access to 4 lessons.
The memberships run on a rolling monthly contract and renew automatically – until the student cancels their subscription. If a student cancels their subscription (see section [1.5]), they will still have access to the lessons made available to them during their time as active members for several months.
2.11 Your use of our website constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of our website the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use our website.
If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless we explicitly state otherwise.
2.12 You may only use our website in a lawful manner and for lawful purposes:
- You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
- You agree that you will treat the teachers, students and visitors at LearnAdvancedEnglish.com with respect and not use obscenities, or make threats (See sections [6] & [7]);
- You must not use our website in any way, or for any purpose, that is unlawful or fraudulent; and
- You must not use our website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
One or more possible actions we may take in response:
- Suspend or terminate your right to use our website;
- Issue you with a written warning;
- Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- Take further legal action against you, as appropriate;
- Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
- Any other actions which we deem reasonably appropriate (and lawful).
2.13 LearnAdvancedEnglish.com reserves the right to revoke memberships and student access at any time and for any reason – though this will not be done without just cause (see section [1.4]).
2.14 LearnAdvancedEnglish.com reserves the right to refund members their money for any reason.
2.15 Only one person is permitted to use an account. If we suspect that multiple students are using the same account, we will immediately suspend the student account pending investigation.
2.16 You shall not, without the prior written consent of LearnAdvancedEnglish.com, re-sell, “sell on”, add charges, or sub-contract in any other manner the services of LearnAdvancedEnglish.com.
2.17 Use of our website and services is done entirely at your own risk. You are responsible for exercising caution with respect to learning material and content; and with respect to interacting with teachers, LearnAdvancedEnglish.com staff, visitors and other students.
2.18 We may alter and update our website (or any part of it) at any time. We may suspend or discontinue our website (or any part of it) at any time. We do not guarantee that our website will always be available or that access to it will be uninterrupted. If we suspend or discontinue our website (or any part of it), we will try to give you reasonable notice of the suspension or discontinuation.
3. Class length
3.1 It is at the discretion of LearnAdvancedEnglish.com how long a lesson will remain ‘open for student input’ – it could be a few days or a few weeks. Some factors influencing this decision includes how long it takes students to respond; how much students respond; and the teacher’s opinion whether the lesson has developed to a satisfactory conclusion.
4. Payment of fees
4.1 To receive access to lessons, students must buy a membership. All payments are processed through our third-party processor: Stripe.com.
4.2 Stripe.com is a secure process through SSL that accepts many major payment cards. If you are not able to pay with any of the cards accepted by our payment processor, you will not be able to have a paid membership.
4.3 The fees on the website remain valid until amended by LearnAdvancedEnglish.com. Should they change, you will be notified by mail, or by a prominent message on the home page.
4.4 Further information regarding data processing is found in Section (4) of our Privacy Policy.
5. Technical issues
5.1 The platform and software that LearnAdvancedEnglish.com is built on are all very reliable, experiencing very few problems. However, sometimes things happen beyond our control. If our website goes down, the lessons will simply be left open longer once everything comes back online, so the students will have the same amount of time. Don’t forget, students have access to the lessons they paid for even after their subscriptions expire.
5.2 LearnAdvancedEnglish.com cannot be held responsible for technical issues on the students’ side of things.
For any problems with the LearnAdvancedEnglish.com website, please email: technical@learnadvancedenglish.com.
6. Respect, vulgarity and anti-bullying policy
6.1 LearnAdvancedEnglish.com is committed to helping students express themselves freely in English – to express language similar to native English speakers with colour, depth, beauty and creativity. In order to develop that ability, we must examine, de-construct and reconstruct English language usage in many different contexts. We must examine what and how other native English speakers express themselves – it is a place to experiment with language.
Not only does this mean the analysis of style, but we must also analyse different content too. This means investigating and expressing some of the many opinions that exist in the world. Some of these opinions do not match our own; some opinions expressed are damning and offensive to people, groups, and cultures – including our own.
At LearnAdvancedEnglish.com, whether we agree with opinions or not, we are examining and experimenting with language. During lessons, for the sake of learning language, students will be asked to construct sentences expressing a variety of opinions – some of which they may not agree with. At LearnAdvancedEnglish.com we believe we have a right to have our own opinons, to change and grow those opinions, and to disagree with the opinions of others. We aim to make LearnAdvancedEnglish.com a safe place to express opinions in an appropriate manner.
Why is this important? LearnAdvancedEnglish.com is built upon the idea that, doing the work to build and maintain opinions means actively seeking out information and ideas that challenges your opinions and beliefs, and not just holding on to information that confirms what we believe we know.
The art of “learning to argue from both sides” is not only a discipline to strengthen your opinions and beliefs, but also a wonderful way of strengthening your language and understanding of expression.
We feel it is necessary to demonstrate opinons that some may not agree with. This is purely to improve English expression and not intended to incite hatred. It does not necessarily reflect the actual opinions and beliefs of students or LearnAdvancedEnglish.com itself. In fact, as a student, and for the sake of learning language, you will be asked to express a variety of opinions in English that you don’t agree with. By becoming a member of LearnAdvancedEnglish.com, you accept that there will be language reflecting the opinons of different people in the world: past, present and future. Different opinions are important for complete language learning.
6.2 LearnAdvancedEnglish.com does not tolerate abuse to individuals, cultures, groups, nations, or races of people on our website. We expect and hope for an environment of peaceful study and kind exchange of ideas. We ask students to remember that this is a learning environment, and to be respectful of others.
6.3 Sadly, abusive behaviours do happen from time-to-time, though we hope it never happens here. Also, people make mistakes and cause hurt unintentionally. If you experience any offensive, abusive, threatening or hate-filled communications based on race, sex, ethnicity, religion, or abusive in some other way on our website that is beyond the boundaries of reasonable teaching and description, please contact tolerance@learnadvancedenglish.com
6.4 As part of our respect policy LearnAdvancedEnglish.com does not encourage profane or vulgar language. We ask students not to use any profane or vulgar language: swear words, including swearing using deities (God, Jesus, Allah, etc.), and vulgar sexual references. With all the technique and ability of expression you will gain from LearnAdvancedEnglish.com, it will be straight-forward to learn these things effectively in your own personal studies. We recognise that all emotions are valid and we should learn how to express them in creative and effective ways with our language.
6.5 One outcome for the use of inappropriate language by students is the suspension or termination of their account.
6.6 We also do not tolerate the use of nudity from students posted on, or sent to, LearnAdvancedEnglish.com. This behaviour would also warrant the termination of students’ accounts (pending investigation).
6.7 As stated elsewhere in this policy: LearnAdvancedEnglish.com reserves the right to revoke memberships and student access at any time and for any reason – though this will not be done without just cause (see section [1.4]).
6.8 LearnAdvancedEnglish.com sometimes links to pages on other websites. Though we take care to only link to clean, responsible and respectful webpages, their content is ultimately out of our control. The content of that page might change in the future without our knowing, and there might be other pages on the website that are false or offensive in some way.
We take no responsibility for the content of other websites. Students are responsible for determining if the content is agreeable. The student is also responsible for installing their own antivirus and safeguarding software.
7. Questions and information
7.1 During lessons students will have many questions about the subject material – these will be answered in the lessons themselves.
For any questions about the structure and business of LearnAdvancedEnglish.com, please visit our “Frequently Asked Questions” page at www.learnadvancedenglish.com/faq
If the answer is not there, you can fill-in a form on that page and ask your question.
8. General
8.1 LearnAdvancedEnglish.com shall not be liable to you for any delay in or for failure to perform its obligations under this agreement if that failure is caused by circumstances beyond LearnAdvancedEnglish.com's reasonable control including, without limitation, any act of God, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lockout or labour dispute, the act or omission of government, Internet services providers, telecommunication operators, sub-contractors, or other third parties, war or military operations, or compliance with any court order.
8.2 If at any time any part of this agreement should become invalid or illegal in any respect, it will be taken from the agreement. Failure by either party to exercise or enforce any right agreed upon in these terms shall not be deemed to be a waiver of any such right in these terms. In this Agreement, references to the singular include the plural and vice versa. The headings shall not affect the construction of this Agreement.
8.3 These “Terms and Conditions” represent the entire agreement in relation to the Services between you and LearnAdvancedEnglish.com and supersedes all other agreements and representations made by either party whether oral or written. In the event of any conflict between the terms of use and this Agreement the terms of this Agreement shall prevail. The Contract (Rights of Third Parties) Act 1999 shall not apply to this Agreement and nothing in this Agreement confers or claims to confer on any third party any benefit or any right to enforce any term of this Agreement or to give any third party the right to enforce any term of this Agreement.
8.4 This Agreement shall be governed and interpreted in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
8.5 We may alter these Terms and Conditions at any time.
8.6 Our website is intended for users in many different countries. However, we do not warrant or represent that our website, its content, or any of the links to other websites are available in other locations or are suitable for use in other locations.
8.7 Enforceability: If any one or more of the provisions of these Terms and Conditions should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
The parties shall amend these Terms and Conditions to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.
8.8 No Partnership: Nothing in these Terms and Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose.
9. Learning quality
9.1 At LearnAdvancedEnglish.com the teachers model English reflecting a “Native English standard” in structure, form, language, style, vocabulary, punctuation, spelling and grammar (phonology, morphology, syntax, semantics, and pragmatics). You will see this in their examples, the lesson synopses, the corrections of students’ work, and the lesson texts that the teachers at LearnAdvancedEnglish.com have personally written.
9.2 You accept that LearnAdvancedEnglish.com takes no responsibility for other examples of English you may see or hear whilst interacting with our website. Accepting any of these other examples of English as if they were a “Native English standard” is done at your own risk – such as: questions, work and other communications from students that have not been corrected by a LearnAdvancedEngilsh.com teacher; also the content of websites to which LearnAdvancedEnglish.com links.
9.3 You accept that “Native English standard” for the sake of these Terms and Conditions, and the expected operation of LearnAdvancedEnglish.com, is not 100% faultless nor wholly reflecting any recommended textbook. However, it does mean that the teachers are of a “C2” standard according to the Common European Framework of Reference for Languages (CEFR). This is a recognised evaluation of language ability, with “C2” being the highest and most proficient standard. It is recognised that well-educated native English speakers also operate at this level, making LearnAdvancedEnglish.com teachers very capable.
9.4 You accept the credentials of the LearnAdvancedEnglish.com teachers. Whether CELTA trained, IELTS, TEFL, TESL, TESOL, a degree in English.
10. Intellectual property rights
10.1 All Content included on our website and the copyright and other intellectual property rights in that content belongs to or has been licensed by us, unless specifically labelled otherwise – e.g. links to other sites and their content. (Also, please see point [12] for further clarification on student intellectual property rights.)
10.2 The inclusion of a link to another website from our own is generally for education purposes and does not imply any endorsement of that website or of its owners, operators, their activities or any other parties involved with it.
10.3 All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
10.4 You may access, view, and use our website in a web browser (including any web browsing capability built into other types of software or app) and you may download our website (or any part of it) for caching (this usually occurs automatically).
You may print one copy and download extracts of any page(s) from our website for personal use only.
10.5 You may print one copy and download extracts of any page(s) from our website for personal use only.
You may not modify the printed copies or downloaded extracts in any way – except for your own personal use.
10.6 Images, video, audio, or any other content downloaded from our website must not be used separately from accompanying text.
10.7 Our status as the owner and author of the content on our website (or that of identified licensors, as applicable) must always be acknowledged.
10.8 You may not use any content from our website for commercial purposes without first obtaining a licence from us (or our licensors, as applicable).
This does not prevent the normal access, viewing, and use of our website for general information purposes by business users or consumers.
10.9 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche.
11. Intellectual property rights of “User Generated Content”
11.1 “User Generated Content” is defined as materials uploaded, embedded or otherwise displayed and/or stored on the website by students or visitors for the purposes of using or accessing the services which may include, but are not limited to:
- your profile
- text, articles and stories (e.g. that you submit for inspection or correction)
- images, graphics, and photos
- audio, video, software
- and any other materials in any form that may be viewed on, accessed through or disseminated publicly on the website for your use and others.
11.2 When using the LearnAdvancedEnglish.com services, if you publish any “User Generated Content” (UGC) via our website you automatically grant:
- LearnAdvancedEnglish.com a worldwide, non-exclusive, royalty-free, perpetual, transferable license (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all or any part of that UGC and the Intellectual Property Rights therein, in connection with the provision of the Services, including without limitation the reproduction and sale of the UGC, or any part of it, and products incorporating the same for use by any person anywhere in the world including promoting and redistributing part or all of the services (and derivative works thereof) in any media formats and through any media channels;
- To each user of the LearnAdvancedEnglish.com services whether registered as a student or not, a worldwide, non-exclusive, perpetual, royalty-free license to access your UGC through our services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the services and under the terms of this agreement.
All Intellectual Property Rights in all materials produced and generated within lessons on LearnAdvancedEnglish.com shall be the property of LearnAdvancedEnglish.com.
11.3 You acknowledge that all lessons you participate in (whether written, audio, visual, or audio-visual) may be recorded and you agree to the storage and use of such recordings by LearnAdvancedEnglish.com.
11.4 You agree that any User Generated Content you contribute to lessons, or to any LearnAdvancedEnglish.com content in general, will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal agreement or permission from the rightful owner, or are otherwise legally entitled to use the UGC in question and to grant licenses for it.
11.5 The Intellectual Property Rights contained on the LearnAdvancedEnglish.com website cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without written permission from LearnAdvancedEnglish.com.
It is permissible however, to use, modify, copy, adapt, and alter content in a lesson on LearnAdvancedEnglish.com in order to later submit and distribute this content on the same lesson.
12. Links to our site
12.1 We are grateful for any links to our website that promote our services. We advise linking to our homepage: www.learnadvancedenglish.com
It is not permitted, whether by linking or any other means, to grant access to paid (protected) content to others. Each individual student should access only their own paid (protected) content.
12.2 Links to our website must be fair and lawful.
12.3 You must not take unfair advantage of our reputation or attempt to damage our reputation.
12.4 You must not link to our website in a manner that suggests any association with us (where there is none) or any endorsement or approval from us (where there is none).
It is not permitted for students, businesses or any other entity to advertise any kind of products or services on our website without our express permission and approval.
If anybody advertises English lessons or any kind of product or service, please could students let us know at contact@learnadvancedenglish.com.
Your link should not use any logos or trademarks displayed on our website without our express written permission.
12.5 You must not frame or embed our website on another website without our express written permission.
12.6 You may not link to our website from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that we deem to be otherwise objectionable.
12.7 Unless expressly stated, the websites linked to LearnAdvancedEnglish.com are not under our control. We accept no responsibility or liability for the content of third-party websites.
13. Disclaimers
13.1 We include research and debate on many different topics on our website. You accept that no content on our website, or in our communications with you, constitute professional advice on which you should rely. It is provided for general information purposes only.
13.2 We make reasonable efforts to ensure that the content on our website is complete, accurate, and up to date, but we make no warranties or guarantees (express or implied) that this will always be the case.
13.3 If you are a business user, we exclude all implied representations, warranties, conditions, and other terms that may apply to our website and content.
14. Warranties and limitation of liabilities
14.1 Nothing in these Terms and Conditions excludes or restricts our liability for anything which cannot be lawfully excluded or restricted.
14.2 For business owners: To the fullest extent permissible by law, we accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our website or the use of or reliance upon any content included on our website.
We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
14.3 For consumers, you agree that you will not use our website for any commercial or business purposes and that LearnAdvancedEnglish.com shall have no liability to you for any business losses as set out above.
15. Viruses, malware, and security
15.1 We exercise reasonable skill and care to ensure that our website is secure and free from viruses and malware; however, we do not guarantee that this is the case.
You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
15.2 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful to our website, or via our website.
15.3 You must not attempt to gain unauthorised access to any part of our website, the server on which our website is stored, or any other server, computer, or database connected to our website.
15.4 You must not attack our website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
15.5 By breaching the above (sections [16.1]-[16.4]), you may be committing a criminal offence under the Computer Misuse Act 1990.
Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our website will cease immediately in the event of such a breach.
16. Communication from us
16.1 If we have your contact details, we may send you important notices by email from time to time. These notices may be, but not limited to, changes to our website or to these Terms and Conditions.
16.2 We will not send you marketing emails without your express consent.
If you do consent to marketing, you may opt out at any time. All marketing emails from us include an unsubscribe link. If you opt out of emails from us, it may take up to 30 days for your request to take effect and you may continue to receive emails during that time.
16.3 For questions or complaints about communications from us, please use the form on our “Contact Us” page.
17. Law and jurisdiction
17.1 These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in section [18.1] eliminates your legal rights as a consumer, or reduces them in anyway.
17.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and us relating to these Terms and Conditions or to the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and us relating to these Terms and Conditions or to the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
18. Information privacy
18.1 You agree that you will not disclose any information to students, visitors or teachers on any part of the website that could be considered personally identifiable information including your address, telephone number, email address, Social Security number, password or any other information that could be used to identify or locate you.
Exceptions to this rule are:
- Disclosing necessary information to become a member of LearnAdvancedEnglish.com (only in the recognised membership sign-up process), or for any other agreed teaching purposes;
- Disclosing necessary information to LearnAdvancedEnglish.com to have contact for resolving problems and concerns, for feedback and evaluation purposes;
- Disclosing necessary information to LearnAdvancedEnglish.com for marketing purposes and to receive agreed emails, newsletters, etc.
18.2 You agree that you will not solicit any personally identifying information from any students, visitors or teachers on the website such as email, address or your real names etc.
You also agree that you will not suggest any offline meeting or conversation with any student, teacher or visitor.
An exception to this is contacting LearnAdvancedEnglish.com for any of the reasons cited in these Terms and Conditions and the Privacy Policy; for a asking a question on the “Frequently Asked Questions” page; for marketing and business purposes. The relevant emails are available on the LearnAdvancedEnglish.com “Contact Us” page.
A violation of this agreement may lead to a suspension of your account and a termination of this agreement.
Should anyone request such information from you, or disclose someone else’s personal information to you, please let us know straight away at contact@learnadvancedenglish.com.
19. Data protection and privacy
19.1 LearnAdvancedEnglish.com respects your privacy. We will only use your personal information as set out in our Privacy Policy: https://www.learnadvancedenglish.com/privacy/
19.2 Students, visitors and LearnAdvancedEnglish.com acknowledge that they will all follow data protection laws and legislation.
19.3 By releasing any personal data to or on to the LearnAdvancedEnglish.com website, you acknowledge that you are wilfully releasing your personal data for the receiving of services from LearnAdvancedEnglish.com.
19.4 Students and visitors will acknowledge and accept the LearnAdvancedEnglish.com Privacy Policy.
20. Disputes
20.1 We reserve the right to investigate any or all disputes reported to LearnAdvancedEnglish.com by a student or visitor. Use contact@learnadvancedenglish.com to inform us.
20.2 You agree that you will attempt in good faith to resolve any dispute promptly through negotiations between yourself and LearnAdvancedEnglish.com. You agree to co-operate fully with LearnAdvancedEnglish.com.
20.3 LearnAdvancedEnglish.com will use all reasonable endeavours to provide a written response via email to any issue we investigate raised by a student or visitor via the Site within fourteen (14) days. LearnAdvancedEnglish.com reserves the right to inform a student or visitor of any dispute raised against them and to provide them with a copy of any response provided by LearnAdvancedEnglish.com.
LearnAdvancedEnglish.com reserves the right to suspend any student account with immediate effect while an investigation is conducted.
Student accounts may be reactivated once an investigation has been completed.
The outcome of any investigation instigated by you or LearnAdvancedEnglish.com is entirely at LearnAdvancedEnglish.com’s discretion, acting reasonably.
21. Warranties and indemnities
21.1 As a student (customer), you hereby warrant, represent and undertake to LearnAdvancedEnglish.com that:
- You are personally responsible for the information posted by you on our website and submitted throughout “Sign Up” and “Registration” (the process of becoming a member) which you shall ensure is accurate, true, up-to-date and complete at all times during.
- You are wholly responsible for the appropriateness and the content of any “User generated content” used and/ or submitted by you to our website or to us. No “User generated content” will be offensive or defamatory, as explained in point [7].
- You agree at all times to comply with the provisions of the Data Protection Legislation.
- You agree to comply with all applicable laws, regulations and codes of practice which regulate the activities of the online environment.
- You will protect your unique password and not knowingly allow anyone else to see it.
- You shall indemnify and hold harmless LearnAdvancedEnglish.com against any and all claims, complaints or legal proceedings instigated by another student, visitor, individual or entity against you.
22. Limitation of liability
22.1 You agree that, subject to the clause in part a), we shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from your use of our website or our services.
Our liability to you whether in contract, tort or otherwise shall in no circumstances exceed the total Client Fees paid by You in the one (1) month preceding the date on which the liability arose.
22.2 Nothing in these Terms and Conditions is intended, nor shall it be construed, as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation:
- Death or personal injury caused by negligence;
- Fraud or fraudulent misrepresentation;
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).