Terms of Use -

TERMS OF USE

TERMS OF USE
Last Updated On 19-Nov 2023
Effective Date 19-Nov-2023

PLEASE READ THESE TERMS OF USE CAREFULLY. USING THE SERVICES PROVIDED BY ALLY LINGUA, YOU AGREE TO FOLLOW THESE TERMS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE ALLY LINGUA SERVICES

1. TERMS DEFINITION

Website (hereinafter — “Website”, “Platform”, “Site”)- Ally Lingua, located on the address https://www.allylingua.com/ whereby the Ally Lingua Services are provided, as well as the access to information and analytical materials on it in accordance with the terms and conditions specified in these Terms of Use.

Ally Lingua Services (hereinafter — “Services”) — granting the User with access to the internal functionality of the Website.

Visitor — an individual who uses the Website without registering the Personal Account.

User (hereinafter — “You”, “Your”) — The visitor who has registered the Personal Account and uses the internal functionality of the Website.

Personal Account (hereinafter — “Account”) — Visitor’s personal account on the Website, the registration of which allows you to receive the Services under the conditions specified in these Terms of Use.

Content — any kind of information materials, including text, graphic, audio-visual and other materials that the User can access in the process of using the Services.

Teacher— an individual who provides remote consultations on certain issues of English learning on the Website.

2. WHAT DO YOU AGREE TO WHEN YOU ACCEPT THESE TERMS OF USE?

2.1 Parties.

These Terms of Use (hereinafter — the Terms) regulate the contractual relationship between the Visitor and Ally Lingua, that is registered and operating in accordance with the legislation (hereinafter — “We”, “Ally Lingua”, “Company”, “us”, “our”) regarding the use of the Website, as well as the use of the Ally Lingua Services in accordance with these Terms.

2.2 Personal Account.

The condition to provide the Services to you is the registration and authorization of the Personal Account on the Website. By registering an account, you guarantee that the information you provide is true, up-to-date, accurate and complete. You also guarantee and confirm that you have a legal competence and that you have the rights and authority to create these contractual relations and fulfill the conditions of these Terms.

You acknowledge that if you are under the majority age, one of the parents or the legal guardian is fully responsible for registering and accessing to your Account, as well as your use of the Services. You also guarantee that one of the parents or legal guardian is aware of these Terms and the Privacy Policy and accepts their terms and conditions.

You independently determine the conditions and arrangements for using the created Account, which, however, under no circumstances can contradict these Terms. You are also responsible for maintaining the confidentiality of your Account data, in particular the login and the password. All actions performed on the Website applying your login and / or password are considered as your actions.

You confirm and guarantee that the use of the Account and the Services is performed by you personally.

In case of unauthorized access to your account, you should notify us immediately. In the absence of a notification, you, as the legal owner of the account, are responsible for all actions taken on behalf of your account, except the cases if such notification was not related to your unawareness or inability.

We reserve the right to block your Account or restrict (terminate) the granting of rights to use the Services in case of violations of these Terms and / or legislative requirements. We also block the Account at your request after contacting us with a corresponding request.

2.3 Subject.

Ally Lingua grants access to the Website for the User’s operations with the following functionality of the Website in accordance with these Terms:

-individual remote consultations;

-online courses;

-other Website functionality.

The access to the internal functionality of the Website is provided on a paid and/or free basis. All information about the functional possibilities of the Website and the conditions for their use is available to the User on the Website. The User agrees that he/she independently acknowledges with the terms of access to the functionality of the Website.

3. TERMS OF USE FOR THE WEBSITE FUNCTIONALITY.

3.1 Individual remote course.

Ally Lingua selects a Teacher for the individual remote classes for the English learning (hereinafter — “Teacher”) in agreement with the User depending on his/her requirements and wishes.

The access to the classes is provided to the User using Google Suite and other similar services. Please, before using these services get acknowledged with their terms of use and privacy policy. We are not responsible for the communication process between you and the Teacher, as well as for the work, or malfunction of the above-mentioned services.

3.1.1 Lesson schedule.

The User and Ally Lingua agree on a class schedule.

One lesson can last 30 (thirty) or 60 (sixty) minutes.

3.1.2 The provision of services.

The provision of the Services is implemented via the Internet, using software that provides voice and video communication via the Internet between the User and the teacher (Google Suite and other similar programs).

For objective reasons, the User has the right to cancel two classes per month by notifying Ally Lingua via email ally@allylingua.com (12 hours in advance); one of these classes must be obligatory conducted within 10 days. In case of untimely notice of cancellation (less than 12 hours), the lesson is considered completed and payable in the amount of 100%.

If the User is unavailable for a call at the set time, the Teacher repeats attempts to contact him within 15 minutes. If as a result of the above procedures it is not possible to contact the User, the lesson is considered completed and payable in the amount of 100%.

If at the set time (plus 15 minutes) the User does not receive a call from the teacher, the lessons that did not take place due to the fault of the teacher are transferred to another time convenient for the User. If the User believes that the teacher reschedules the lessons too often, the User has the right to contact us with a request to change the teacher.

We are not responsible for the failure to provide services due to the lack of the necessary software or technical problems with the Internet from the User’s side.

3.1.3 The process of recalculating the cost of the lesson.

We adhere to the international Visa / Mastercard standards for contesting chargebacks; in this connection, if the User decides to resume training after a long non-use of lessons (120 calendar days from the date of termination of use), Ally Lingua has the right to recalculate the price of lessons in accordance with the cost, valid at the time of such renewal or counted on the passage of 540 calendar days from the date of purchase of such lessons.

3.1.4 Consultants.

If during the education the teacher is not appealing, the User has the right to a 15-minute free introductory lesson with another teacher. A trial lesson is provided after the User’s request forwarded to the teacher, the analysis of the current situation and selection of a suitable teacher candidate.

We have the right to replace the Teacher for the User if there are good reasons for this (temporary incapability of the teacher, other circumstances), by informing the User via chat in the personal account.

3.2 Group Classes.

The access to the Group Class is provided to the User using Google Suite, and other similar services. You understand and agree that we are not responsible for the communication process between you, other Users and the teachers, as well as for the work, or malfunction of the above-mentioned services.

A lesson is considered booked until it is fully completed.

By purchasing a monthly subscription, the User has the right to attend the number of lessons during the subscription period. Lessons are held in mini-groups for up to 4 people. The duration of the lesson is 30 or 60 minutes.

Lessons are conducted by English speakers. If the Teacher does not connect to the program for conducting lessons at the set time (plus 15 minutes), the User is obliged to immediately contact us via chat in the personal account.

We are not responsible for the failure to provide services due to the User’s lack of the necessary software or technical problems with the Internet.

3.3 Online course.

The access to online courses is provided to the User on the Website through the Internet.

Ally Lingua administration helps the user plan the schedule for the Online course, at any time convenient for him/her. Upon completion of training, the User receives an online Certificate in the form of an image. The user has the right to independently print out the certificate. We are not responsible for providing a paper certificate.

3.4 Personal mentor.

Ally Lingua appoints a personal administration mentor for your communication on specific issues of using the internal functionality of the Website, including the cancellation, postponing individual remote classes, replacing the Teacher for individual remote classes, replacement of the Teacher for the individual classes.

3.5 Disclaimer of warranty.

Ally Lingua is not responsible and does not provide any guarantees that during the provision of the Services, technical or any other problems will not arise, including interruptions in the operation of the Website and / or third-party services that may be used in the process of providing the Services; that access to the Services will be provided continuously, quickly, reliably and without errors; that all errors in the operation of the Website and third-party services will be fixed.

You understand and agree that we do not provide any guarantees and are not responsible for your failure to get access to the functionality of the Website due to your lack of technical possibilities to obtain such access, including the problems with the Internet access.

Here are the minimal requirements to the PC:

Windows, Ubuntu Chrome, Firefox, Yandex.Browser, Opera modern versions

macOS Safari, Chrome modern versions

Here are the minimal requirements for the smartphones:

Android Chrome, Samsung Internet Browser modern versions

iOS Safari, Chrome modern versions

By «modern version» we mean versions of browsers that were released no earlier than 6 months ago. The correct operation of the site on other platforms, browsers and other versions is not guaranteed.

At the same time, Ally Lingua is not responsible and does not guarantee that you will receive any results from using the Services; completeness, reliability and quality of the Services, and Content; the Compliance of Services, and Content with your expectations and / or requirements.

4. SERVICE COST AND PAYMENT PROCEDURE.

4.1 The cost and payment for the Service.

The access to the definite functionality of the Website may be charged to the User in accordance with these Terms. The information about the cost of Services (Tariffs) is indicated on the Website. The user confirms that he is acknowledged with the Tariffs.

The payment for Services is done through the User’s Personal Account. The payment for the Services is carried out based on one hundred percent prepayment according to the selected Tariff. The moment of payment is the receipt of funds on the account of Ally Lingua. The user is aware that Ally Lingua may not provide paid Services until the payment.

Ally Lingua does not process the personal data of payers provided in connection with making payments through the processing center. Ally Lingua does not store banking card details on its resources, including servers, cloud storage, etc.

The user is solely responsible for the accuracy of the payments made by him/her. The User is aware and agrees that all fees and charges are paid by the User independently.

Ally Lingua is entitled to change the cost of the Services at any time by updating the information on the Website or notifying the User through the means of communication indicated on the Website.

In case of insufficient cash balance to access any functionality of the Platform Services, the funds are considered to be the benefit of the company and are not refundable.

4.2 Special conditions.

We reserve the right to provide the Users with access to certain functionality of the Website free of charge or for a discount fee under special conditions. Information on special conditions is available on the Website. You are solely responsible for acknowledging yourself with special conditions.

A “Coupon” can be provided for use when making a purchase. The discount given is automatically calculated when making a payment on the site by using the coupon code upon checkout.

4.3 Payback.

In some cases, at the request of the User, the money paid for the Services may be refunded. The recalculation of the returnable funds is done excluding special conditions, at the maximum tariff for the actually rendered Services. The rights to receive free services are canceled. All fees and charges are solely paid by the User.

4.4 Gift Certificate.

The User is provided with the possibility to purchase a gift certificate (hereinafter — “Certificate”) on the Website. The Certificate may be used by the User who was presented with this Certificate, or the User who purchased it.

5. TERMS OF USE OF THE WEBSITE AND SERVICES.

5.1 Non-commercial use.

You cannot use the Website, including its functionality, for commercial purposes.

5.2 Bans and restrictions of the Website use.

Using the Website, you guarantee that:

the use of the Website is carried out by you solely for the purposes permitted by these Terms in compliance with their provisions, as well as the requirements of the applicable law and common practice and does not violate any property and / or personal non-property rights of the third parties;
You will not post Content that:

is obviously offensive, for example, such that promotes racism, fanaticism, hatred or physical harm of any kind to any group of individuals or particular persons;
humiliates or justifies the humiliation of the dignity of any person;
includes “spam”, virus letters, unsolicited mailshots or spam, URLs, email addresses or phone numbers and fax numbers of the third parties;
disseminates fake information that misleads or promotes illegal activity or behavior, that is offensive, threatening, obscene, shameful, if you know in advance about the nature of such information;
promotes illegal or unauthorized copying of copyrighted works of others, for example, placing pirate copies or links to them, providing information that allows you to bypass equipment installed in order to protect copyrights;
contains pages with the limited access or access solely by password, or hidden pages or images (both related and not related to the available page);
publicly displays inappropriate Content or other materials
provides materials that are intended to exploit people under the age of 18 or upon reaching the age of majority in your jurisdiction (if it is not equal to 18) or will require personal information from such persons;
provides instructions for committing illegal acts, in particular, making or buying illegal weapons, breaching confidentiality, creating or downloading computer viruses;
such as created by the terrorist groups or such that is supported by them, or is represented by the Content that promotes terrorist acts, including recruitment;
requests users’ passwords or personal information for commercial or illegal purposes;
attracts other users to commercial activities without prior written approval from Ally Lingua (for example, contests, lotteries, barter or advertising);

You will not perform any actions aimed at causing harm or interfering with the operation of the Website; or done to obtain unauthorized access to data, personal information from the Website.

Notwithstanding the ban, when using the Website, you may receive Content that may be deemed to contain offensive or obscene information, as well as in some other form violating the applicable law and the rights of third parties.

You may file a complaint against the actions of the other Visitors who violate these Terms to our email address indicated on the Website.

5.3 Content.

User Content

You have the right to post (including broadcasting from external sources), edit and delete the Content on the Website (including your feedback and comments) while meeting the requirements of these Terms.

You are personally responsible for the Content published by you. We are in no way connected with the Content posted by the Users, and we do not verify the subject matter, authenticity and security of this Content or its components, its compliance with the requirements of the applicable law, and whether the Users have the necessary scope of rights to use it.

By posting Content on the Website, you automatically acknowledge and guarantee that you have the right to provide it; and at the same time you grant us with an irrevocable, perpetual, non-exclusive, fully paid and such that it operates worldwide, license to use, copy, perform, display and distribute such information and Content, as well as the provision of sublicenses for all the above.

At our discretion, we may store, temporarily ban or delete any Content that, in our opinion, infringes these Terms, may be illegal or may violate rights, cause damage or endanger the safety of other users, third parties.

Website content

Any information on the Website is for informational and introductory purposes only. We do not provide any guarantees regarding its completeness, timeliness or accuracy. Information and materials on the Website are subject to change without notice.

We reserve the right to place advertising materials and links to other resources in special blocks on the Website. At the same time, we are not liable for advertising materials and the availability of such resources, for their Content, we do not guarantee that such resources and the posted information do not violate the rights of third parties, do not guarantee the safety of using such resources. We are not responsible for any consequences associated with your use of these resources, their content or advertising.

6. INFORMATION COLLECTION AND PRIVACY POLICY.

The collection and processing of his personal data in connection with the use of the Website and the Services takes place in accordance with our Privacy Policy.

7. INTELLECTUAL PROPERTY.

All content, design, graphics, combinations, translations, digital transformations and other materials related to the Services providing, the operation of the Website are protected in accordance with applicable copyright, trademark and property laws (including, but not limited to intellectual property rights) and belong to us. The copying, re-sharing, redistribution or publication by you of any intellectual property items, unless expressly provided for by these Terms, are strictly prohibited.

Your right to use our intellectual property is limited by the rights expressly granted by us in accordance with these Terms and under condition of your full compliance with them (“License”).

The license extends to your authorized use of the Website and permits you to:

post, upload, store, share, send, display content on or through the website;
view and access our content and the content of other users, as well as any content that Ally Lingua makes available on or through the Website.

In accordance with the above-mentioned provision, we grant you a license, which is:

limited, which means that you can use the Website only for the purposes established by us in these Terms;
non-exclusive, which means that we can provide the same and similar licenses to other persons;
it is not transferable, which means that the license is intended only for your benefit, and you cannot transfer any rights that we grant you to any other person;
not subject to sublicensing, which means that you cannot sublicense any rights that we grant you;
its validity is distributed worldwide, which means that your License is not limited by territory if the applicable law does not prohibit such a License in certain countries;
may be revoked, which means that we may terminate this license at our discretion.

8. RESPONSIBILITIES OF THE PARTIES.

You are solely responsible for any violation of the conditions and obligations established by these Terms and / or applicable law, as well as for all consequences of such violations (including any loss or damage that Ally Lingua and / or other third parties may suffer). In case of liability or imposition of a penalty on Ally Lingua in connection with violations of the rights of third parties, as a result of your actions, as well as prohibitions or restrictions established by law, you are obliged to fully compensate for the losses of Ally Lingua.

You agree that under no circumstances the Ally Lingua overall liability to you in connection with the use of the Website and the provision of the Services should exceed 300 EUR.

The services are provided on an “as is” and “as available” basis. Ally Lingua is not responsible and does not provide any guarantees regarding the completeness, reliability and quality of the Services; accuracy and reliability of the Content; any results of the provision of the Services; compliance of the Services, Content with your requirements and / or expectations; the suitability of the Services for any specific purpose; any violations in the provision of the Services; security of use of the Website. Ally Lingua does not bear any responsibility for the actions of other Visitors/Users in the process of using the Website.

You understand and agree that, from time to time, the access to the Website and Services may be limited or be provided slower, also because of the software failure; failure of servers, networks, equipment, other electronic or mechanical equipment; reboot of system capacity; interruption of power supply, other service, strike or other stopping of labor (partial or complete); government or regulatory restrictions; any other reason which does not depend on us.

9. DISPUTE RESOLUTION.

Disputes between the Users.

You are solely responsible for relationships with other Users, including those regarding dispute resolution with each other.

Disputes with Ally Lingua.

The parties are responsible for the violation of the terms and conditions stipulated by these Terms, in accordance with the effective legislation of the European Union.

The Parties will endeavor to settle by negotiation any disputes and / or claims that may arise in connection with these Terms, including any matters related to their validity, violation, termination or invalidity. In the event of a dispute, we recommend that you first contact us at the following email address ally@allylingua.com, listed on the Website, and try to solve the problem directly with us.

Except as expressly provided for in these Terms, any dispute or claim related to access to the Website, use of the Ally Lingua Services or otherwise related to these Terms or the Ally Lingua Services and which cannot be resolved directly between you and Ally Lingua, should be resolved by the appropriate court of the European Union.

You and Ally Lingua agree that any kind of legal dispute should be considered as a dispute between Ally Lingua and you personally. To the maximum extent permitted by law (1), no litigation should be combined with any other process; (2) it is prohibited to resolve any legal dispute on a group basis or using group procedures; (3) it is prohibited to transfer the litigation to representatives on behalf of the general public or other persons.

Exceptions from the mandatory litigation.

The above provisions on compulsory litigation do not apply to the following disputes: (1) any disputes aimed at enforcing or protecting any intellectual property rights owned by you or Ally Lingua; (2) complaints about taking measures to secure a claim.

10. FORCE MAJEURE.

The parties are fully exempt from liability for failure to fulfill or improperly fulfill the conditions of the Terms resulting from force majeure (force majeure circumstances), including but not limited to: fire, explosions, floods, storms, strikes, natural disasters, wars, terrorist acts, unrest or other circumstances that directly affect the ability to comply with these Terms.

The party which has found it impossible to fulfill the conditions of these Terms due to the occurrence of force majeure circumstances (force majeure), must notify the other Party about this no later than 10 (ten) calendar days from the commencement of such circumstances. Late notification of the occurrence of force majeure circumstances (force majeure) makes it impossible for the Party concerned to refer to them.

The maturation for the fulfillment of obligations under these Terms shall be extended for the duration of the force majeure circumstances. If the force majeure lasts more than 30 (thirty) calendar days, each of the Parties is entitled to demand termination of the contractual relationship based on these Terms.

The commencement of force majeure circumstances (force majeure) is confirmed by the document issued by the appropriate authority.

11. ENTRY INTO FORCE AND TERMINATION OF TERMS.

These Terms come into force since the moment you first visit the Website. The contractual relationship established by these Terms may be terminated by deleting the Account.

The Terms remain in force in case of changes in the contract details of the Parties.

Any of the Parties may terminate the Terms at any time and for any reason falling under the provisions of this document.

We may terminate the Terms if you have violated these Terms, the law or the rights of other persons, as stipulated in this document.

12. OTHER CONDITIONS.

The inability of Ally Lingua to implement or enforce any of the rights or provisions of the Terms of Use does not imply a waiver of such rights or provisions. These Terms of Use are a full-fledged agreement between the Visitor and Ally Lingua regarding the use of the Website, as well as the Services, and any previous Terms of Use that may have existed between you and Ally Lingua are replaced.

If any of the provisions of these Terms are set aside, then such condition or provision will necessarily be replaced by the condition or provision that most closely matches the intention, which underlies such condition or provision, and the other provisions will remain in force.

Ally Lingua may from time to time unilaterally make decisions regarding changes to these Terms, provided that such changes do not impose any additional obligations on you.

By using the Website and Ally Lingua Services after changes to these Terms, you agree to such changes. If we make any significant changes to these Terms, our company will make reasonable efforts to notify you of such changes, but you are responsible for reviewing the Terms to see if they have been modified. When changes occur, this date will be indicated in the column “Last update” at the top of these Terms.

The title and the list of the provided functionality of the Website may change from time to time without prior notice to you. We may, at our sole discretion, terminate (temporarily or permanently) the operation of any particular functionality of the Website without prior notice to you.

You agree to receive informational emails from Ally Lingua to the email address specified by you while registration; the e-mails (hereinafter – notifications) are about important events occurring within the Website. Ally Lingua can send notifications, the consent to which the User expresses on the Account page.

In the event if one or more provisions of the Terms are invalid for any reason, have no legal effect, such invalidity does not affect the validity of any other provision of the Terms that remain in force.

You have the right to contact Ally Lingua with questions that arise from his / her use of the Website or the Services provided, or in the event of a violation of your rights and / or interests, by sending a notification to the email address ally@allylingua.com, as well as other means of communication indicated on the Web-site.