Terms and Conditions

Effective Date: October 30, 2023

Covered Site: speakingclubnow.com

THE AGREEMENT: Your use of this website and the services provided by SpeakingClubNow (referred to as the “Company”) are subject to the following Terms & Conditions, hereinafter referred to as the “Agreement.” This Agreement is designed to regulate the usage of all web pages collectively referred to as the “Website” and any services offered on or through this Website, which are collectively referred to as the “Services.”

This Agreement outlines the terms and conditions that govern your use of the Website and Services. By accessing and using the Website and Services, you agree to abide by the terms and conditions set forth in this Agreement. Please read the Agreement carefully, and if you do not agree with any part of it, refrain from using the Website and Services.

1. DEFINITIONS

  1. Website: Refers to the online platform accessible through the internet, owned and operated by the Company, where Users can access the Services offered.
  2. .Services: Denote the one-on-one English speaking club and related services provided by the Company through the Website.
  3. Agreement: Signifies this legally binding agreement, including all its components, amendments, and any separate agreements explicitly referred to within this document.
  4. Effective Date: Refers to the date when you first access or use the Website and agree to the terms of this Agreement.
  5. User Content: Encompasses any information, materials, or content provided by You on the Website, including but not limited to text, images, audio, video, and other forms of data.
  6. Account: Denotes the personal profile created by You on the Website for the purpose of accessing the Services.
  7. Intellectual Property: Encompasses all copyrights, trademarks, patents, and any other intellectual property rights associated with the Website and Services.
  8. Parties: When discussed collectively, the term Parties represents the entities engaged in this Agreement, including the Company and You.
  9. Force Majeure: Signifies any extraordinary circumstances beyond the reasonable control of the Parties, such as natural disasters, acts of terrorism, wars, strikes, and other events that may affect the ability to fulfill the terms of this Agreement.

2. LICENSE TO UTILIZE THE WEBSITE

The Company may furnish you with specific information relevant to your usage of the Website or Services. This information encompasses, although is not confined to, documentation, data, resources produced by the Company, and other materials intended to facilitate your utilization of the Website and Services (“Corporate Content”). In accordance with the conditions defined in this Agreement, the Company confers upon you a non-exclusive, restricted, non-transferable, and revocable license to operate the Company Materials exclusively in conjunction with your utilization of the Website and Services. Employment of the Company Materials for any alternative purposes is prohibited, and this license will be terminated upon your cessation of Website or Services usage or upon the termination of this Agreement.

3. Consent & Approval.

By entering and utilizing the Website, you confirm that you have perused, comprehended, and concurred to comply with this Agreement. If you do not concur with the terms of this Agreement, please exit the Website immediately. The Company will grant access to the Website and its Services exclusively upon your acknowledgment of this Agreement.

This Agreement constitutes a legally binding contract between you and the Company, governing your use of the Website and Services. Your access to and use of the Website and Services is contingent upon your acceptance of this Agreement. If you do not accept its terms, please refrain from using the Website and its Services.

4. User Responsibilities

As a user of the Online One-on-One Speaking Club Website and Services, you may be required to complete a registration process. During this registration, you will select a user identifier, which could be your email address or another term, along with a password. Additionally, you may be asked to provide personal details, such as your name. It is your responsibility to ensure the accuracy of this information. This identifying information is crucial for your access to and use of the Website and Services.

You must not disclose this identifying information to any third party. In the event that you become aware of any compromise of your identifying information, you must promptly inform us in writing. Email notification is an acceptable means of communication for this purpose. It is also your responsibility to maintain the security and confidentiality of your identifying information and to keep us informed of any changes to this information.

Providing false or inaccurate information, or using the Website or Services for fraudulent or unlawful activities, constitutes a violation of this Agreement and may result in immediate termination of your access to the Website and Services.

In addition to the above, the following rules apply:

Camera Usage: All participants are required to have their cameras turned on during all meetings. This ensures an interactive and engaging learning environment.

Positive and Polite Conduct: Users are expected to maintain a positive and polite attitude towards both fellow participants and hosts. Respectful and courteous behavior is essential to create a harmonious learning atmosphere.

Age Restriction: Our services are intended for adults aged 16 years and older. Users must be at least 16 years old to participate in our Online Speaking Club.

Nationality Restriction: Participants from Russia are not allowed to join our Online Speaking Club.

These rules collectively constitute the “User Responsibilities” that you agree to follow as a user of our Online Speaking Club Website and Services.

Breaking the rules and conditions outlined above constitutes a breach of this Agreement and may lead to the immediate termination of your access to the Website and Services without any refund for fees paid for service access.

5. Permitted Utilization

By using the Website and Services of SpeakingClubNow, you agree to abide by the following terms and conditions regarding the permissible use of the platform:

1) You agree not to employ the Website or Services for any unlawful purpose or any purpose prohibited under this clause. Furthermore, you commit not to use the Website or Services in any manner that could compromise the integrity of the Website, Services, or the overall operation of SpeakingClubNow,.

2) Additionally, you undertake not to use the Website or Services for any of the following purposes:

I) Infringement upon the intellectual property rights of SpeakingClubNow or any third party. 

II) Harassment, abuse, or threats to others, or any other action that violates the legal rights of any person.

III) Engagement in fraudulent activities.

IV) Distribution or dissemination of computer viruses or other software that may cause harm to another person’s property.

V) Unlawfully collecting information about others, including but not limited to personal information, without proper consent or authorization.

VI) Dissemination of content that promotes violence, hatred, or discrimination against any group based on race, ethnicity, nationality, religion, gender, or any other characteristic.

VII) Publication or distribution of material that is obscene or defamatory.

VIII) Involvement in or establishment of any illegal sweepstakes, gambling, sweepstakes or pyramid schemes.

By using our Website and Services, you agree to respect these guidelines and ensure your activities do not breach these terms and conditions. Any violation may result in the termination of your access to our platform.

6. E-COMMERCE

The Company may offer products or services for sale on the Website, and may also permit third parties to do the same. The Company strives to provide accurate information about all goods and services, including product descriptions and images. However, the Company cannot ensure the absolute accuracy or reliability of product details. By using the Website, You acknowledge and accept that Your purchase of such products is done at Your own discretion and risk.

If You are dissatisfied with a service available on Our Website, You have the option to request a refund.

7. Ownership of Company’s Creative Assets

Company’s Creative Assets: You acknowledge and agree that the Online One-on-One Speaking Club website and all services provided by the Company consist of the Company’s creative assets, including but not limited to copyrights, trademarks, trade secrets, patents, and other forms of intellectual creation (“Company’s Creative Assets”). The Company retains full ownership, rights, and interests in these creative assets, and you are not permitted to use them for any unlawful or infringing purposes. You agree not to duplicate or distribute the Company’s Creative Assets in any manner, including electronically or by registering new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without obtaining express written permission from the Company.

License for Your Content:

1) Granting a License: To enable the availability of the Website and Services to you, you hereby grant the Company a cost-free, non-exclusive, global license to duplicate, display, use, broadcast, transmit, and create derivative works from any content that you publish, upload, send via email, or make available on the Website (“Your Content”). The Company makes no additional proprietary claims to Your Content.

2) Reporting Infringements: If you believe that your rights to intellectual property have been infringed or otherwise violated, please get in touch with us and inform us of the situation. We take intellectual property rights seriously and will address any reported violations in accordance with applicable laws and our policies.

8. DATA PRIVACY

In the course of Your use of the Website and Services, You may furnish Us with specific information. Your use of the Website or the Services constitutes Your consent for the Company to process Your information in Germany and any other country in which We may operate.

1) Information We May Collect or Receive: When You register for an account, You furnish Us with a valid email address and may provide additional details, such as Your name or billing information. Depending on Your usage of Our Website or Services, We may also obtain information from external applications used to access Our Website or receive data through various web technologies, including cookies, log files, clear gifs, web beacons, and others. 

2) How We Utilize Information: Information collected from You is used to maintain Your positive experience on Our website, including through email communication. We may also monitor specific aspects of the passive data acquired to enhance Our marketing and analytics. In this regard, We may collaborate with third-party providers. 

3) Safeguarding Your Information: If You wish to restrict Our access to passive information obtained through various technologies, You have the option to disable cookies in Your web browser. Please note that the Company will continue to receive information provided by You, such as Your email address.

9. SECURITY AND UNAUTHORIZED ACCESS

You pledge not to engage in any of the following activities:

  1. To reverse engineer, or attempt the reverse engineering or disassembly of any code or software on the Website or within the Services;
  2. To breach the security of the Website or Services by means of unauthorized access, evasion of encryption or other security mechanisms, data extraction, or interference with any host, user, or network.
  3. Unauthorized intrusion into the accounts or data of other users of SpeakingClubNow or any unauthorized access to private information.
  4. Introduction of malicious code, including but not limited to malware, spyware, or any other software designed to disrupt, damage, or gain unauthorized access to the Website, Services, or user devices.
  5. Engagement in any form of hacking, cracking, or activities that compromise the security or integrity of the Website, Services, or any connected systems.
  6. Unauthorized sharing or distribution of login credentials or access to your account with others, including sharing your account with multiple users who have not individually subscribed or registered.
  7. Utilizing the Website or Services in any way that compromises the privacy, security, or confidentiality of user data or personal information.
  8. Attempting to gain unauthorized access to any part of SpeakingClubNow’s systems, databases, or networks, or any attempt to interfere with the functioning or availability of the Website or Services.
  9. Circumvention of any security or access control measures in place on the Website or within the Services.

By using our Website and Services, you agree to respect these security and access guidelines. Any violation may result in the termination of your access to our platform and may also lead to legal consequences in accordance with the laws of the United States.

10. External Links & Content

At times, the Company may share external links to third-party websites or additional services for your convenience. You recognize and consent that the Company holds no accountability or liability for any loss or harm that may occur due to your engagement with third-party services accessible through our Website.

It is your responsibility to review and understand the terms and policies of these third-party websites or services, as they may have their own terms and conditions, privacy practices, and security measures. The Company is not responsible for the content, security, or availability of these external websites, and any interactions or transactions you undertake with them are entirely at your own risk.

11. Account Security and Data Loss

You acknowledge that the security of your account and the data you provide on the Website and through the Services is of utmost importance. However, it’s essential to understand that while we take reasonable security measures, the Company cannot guarantee the absolute security of your account or the content you upload or share. Your use of the Website and Services is at your own risk.

12. Legal Protection

You agree to defend, indemnify, and hold the Company and its affiliates (if applicable) harmless from any legal claims, demands, or actions, including reasonable attorney’s fees, arising from or related to your use or misuse of the Website or Services, your violation of this Agreement, or your behavior or actions. The Company reserves the right to choose its own legal counsel and participate in its defense if it desires.

Additionally, you acknowledge and agree that you are responsible for any costs associated with your legal defense in the event of a dispute or legal action arising from your use of the Website or Services.

13. Anti-Spam Policy

The use of the Website or any of the Company’s Services for illicit spam activities is strictly prohibited. These activities encompass, but are not limited to, the collection of email addresses and personal information from others, as well as the transmission of unsolicited commercial emails.

Furthermore, you agree not to engage in any form of deceptive or fraudulent communication, including but not limited to phishing, spoofing, or using misleading information in your messages. Violation of this policy may result in the immediate termination of your account and legal actions, as deemed necessary by the Company.

14. Amendments & Alterations

The Company reserves the right to modify this Agreement at any time without prior notice. You acknowledge that the Company can change this Agreement and its components. Any changes will take effect immediately when posted on the Website, replacing previous versions unless stated otherwise.

a) If any part of this Agreement is deemed invalid, the previous version remains valid to the maximum extent permitted by law.

b) You are responsible for regularly reviewing this Agreement and noting the Effective Date at the top. Clear your cache to ensure access to the most recent version. Your continued use of the Website after changes indicates your acceptance.

c) Failure to monitor changes waives your right to review the revised Agreement.

15. Duration, Termination, and Suspension

The Company reserves the right to terminate this Agreement with you at its discretion, with or without cause, and at any time. This termination may occur for various reasons, including but not limited to violations of the terms specified herein, such as the infringement of intellectual property rights, non-compliance with relevant laws or legal obligations, or the distribution of illegal content. If you have registered for an account with us, you also have the option to terminate this Agreement at any time by contacting us and requesting termination.

Upon the termination of this Agreement, any provisions that, by their nature, would be expected to survive termination, such as those related to intellectual property, confidentiality, or dispute resolution, shall continue to be in full force and effect. Please be aware that termination of this Agreement may result in the loss of access to our Services and any associated account information.

16. DISCLAMER OF WARRANTIES 

Your use of the Website and Services is at your own risk. The Services are provided “As Is.” The Company expressly disclaims all warranties, including fitness for a particular purpose and merchantability. We do not guarantee that the Website or Services will be error-free, uninterrupted, or secure, and we do not warrant the reliability or accuracy of any information.

You are fully responsible for any harm or loss resulting from your use, including damage to your system or data loss. The Company is not liable for such damage or loss.

17. INTERRUOTION TO SERVICES

The Company may have to temporarily suspend your access to the Website for maintenance or emergency services, whether scheduled or unscheduled. You acknowledge that your access to the Website may be disrupted due to unforeseen or unplanned downtime, for any reason, including technical issues, updates, or other necessary maintenance. The Company shall not be held liable for any damages or losses resulting from such interruptions.

We will make reasonable efforts to minimize the duration and impact of these interruptions, but you understand and accept that such downtime may occur as part of maintaining and improving the quality of our Services. We appreciate your understanding and patience during these periods.

18. LIABILITY LIMITATION 

To the fullest extent permitted by law, the Company shall not be held accountable for any damages resulting from your use of the Website or Services. In no event shall the Company’s responsibility exceed the greater of one hundred ($20) US Dollars or the amount you paid to the Company within the last six (3) months. This limitation of responsibility applies to all claims brought by you, including but not limited to lost profits, consequential or punitive damages, negligence, strict liability, fraud, or any form of tort.

This limitation of liability extends to all circumstances and claims, and it represents the maximum extent of responsibility the Company holds for any damages or losses, regardless of the legal or equitable theory upon which the claim is based.

19. COMPLETE AGREEMENT 

This Agreement represents the full and exclusive understanding between the Parties concerning the use of this Website. It supersedes and takes precedence over all previous or concurrent written or verbal agreements and understandings related to the use of this Website, except for any separate agreements specifically addressing certain aspects of the Website or Services that are in force concurrently with this Agreement. In the event of any inconsistency between such separate agreements and this Agreement, the terms of the separate agreements shall prevail.

20. MISCELLANEOUS TERMS 

1) Arbitration: In the event of a dispute between the Parties related to this Agreement, the Parties shall first seek resolution through good faith negotiations. If negotiations fail, the dispute will be submitted to binding arbitration in Lisbon. The arbitration will be conducted by a single arbitrator without the authority to add Parties, modify the Agreement’s terms, award punitive damages, or certify a class. Lisbon law will govern the arbitration. Each Party will bear their own costs and fees.

2) Language: Communications and notifications under this Agreement shall be conducted in English.


3) Severability: If any part or sub-part of this Agreement is held invalid or unenforceable, the remaining portions will remain in force to the maximum extent possible.

4) No Waiver: Failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that provision or any other part of the Agreement.

5) No Agency, Partnership, or Joint Venture: This Agreement does not establish an agency, partnership, or joint venture between the Parties. No Party has authority to bind the other to third parties.

6) Headings for Convenience Only: Headings of Agreement parts and sub-parts are for organizational purposes and do not impact the interpretation of any provisions.


7) Force Majeure: The Company is not liable for a failure to perform due to causes beyond its reasonable control.

8) Governing Law: This Agreement is governed by and construed in accordance with the laws of Portugal, excluding its conflict of law principles.

9) Entire Agreement: This Agreement, along with any separate agreements or terms and conditions explicitly referred to in this Agreement, constitutes the entire understanding between the Parties, supersedes all prior or contemporaneous agreements, and prevails over any conflicting terms.

10) Electronic Communications Allowed: Electronic communications, including email or fax, are considered valid and effective means of communication between the Parties. For questions or concerns, please email us at onlinespeakingclub.live@gmail.com.

21. REFOUND ELIGIBILITY:

Refunds are applicable within 1 day from the date of purchase.
To be eligible for a refund, users must provide a valid reason for their dissatisfaction with the service.

Refund Process:

Users must submit a refund request through the emeil on the website.
The refund request will be reviewed by our customer support team.
If the request meets the eligibility criteria, the refund will be processed within 10 business days.

Non-Refundable Items:

Membership fees for the time already utilized within the subscription period are non-refundable.
Refunds will not be provided for services already rendered

Exceptions:

Exceptions to the refund policy may be considered on a case-by-case basis for extenuating circumstances.

Contact Information:

For inquiries or refund requests, users can contact our customer support team at emeil onlinespeakingclub.live@gmail.com

By using our service, users agree to abide by these refund terms and conditions.

 

21. Contact information:

Individual entrepreneur Liubov Danko

Beneficiary code: 2164924144

Legal and actual addresses: Ukraine, Kyiv, Dobrogotova street, 9, 51. Post cod 03-142. 

onlinespeakingclub.live@gmail.com