Acceptance of Terms and Conditions
By registering or using any Service provided by MyLanguageLounge.com you agree to accept the following terms and conditions which govern access and use of the MyLanguageLounge.com Site. The terms and conditions shall constitute a legal agreement between you and MyLanguageLounge.com and shall be binding in all circumstances. Agree to the Terms only if you understand and agree with all Terms and Conditions contained in this document.
MyLanguageLounge.com is an online service designed to facilitate the provision of online language lessons and tuition (“Tutoring Service(s)”) by independent freelance Tutors (“Tutors”) to purchasers of Tutoring Services (“Students”). Students should be aware that neither MyLanguageLounge.com nor any employee thereof is responsible for the provision, accuracy, quality, timely completion or legality of any Tutoring Service provided by a registered Tutor at the request of a Student.
By registering or using any Service provided by MyLanguageLounge.com, Students acknowledge that the MyLanguageLounge.com Site functions solely as an agent to facilitate the provision of Tutoring Services between independent Tutors and Students and they shall not hold MyLanguageLounge.com liable for the provision, quality, accuracy, timely completion or legality of any Tutoring Service provided by a registered Tutor.
Students acknowledge and agree that MyLanguageLounge.com is not liable for any loss or damage which may be incurred through use of the MyLanguageLounge.com Site, or as a result of any reliance placed by Students on the accuracy or completeness of any Tutoring Service provided by a registered Tutor.
MyLanguageLounge.com takes reasonable measures to ensure that only high quality Tutors are permitted to provide Tutoring Services through the MyLanguageLounge.com Site: all Tutors are required to pass a entry test and to submit a detailed profile to MyLanguageLounge.com which must be approved before Students can be assigned to the Tutor. MyLanguageLounge.com is not responsible for checking the validity of any individual registered Tutor’s qualifications or background and makes no guarantees as to the accuracy of information supplied by Tutors.
This agreement may be changed at our discretion at any time and it shall always be the responsibility of the User to ensure that they are fully aware of the terms and conditions of use. Continued use of the MyLanguageLounge.com Site will be deemed to constitute acceptance of any variation of the terms and conditions of use.
In order to use the Service(s) provided by MyLanguageLounge.com both Tutors and Students will be required to register an online account.
It is the sole responsibility of each registered Student and each registered Tutor to ensure that all personal details, including contact email addresses are up to date and accurate at all times. By accepting these terms and conditions all Users hereby release MyLanguageLounge.com from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to inaccurate personal information being held on the MyLanguageLounge.com Site, systems and supporting infrastructure and hardware. All Users are solely responsible for the content and accuracy of any information published by them on MyLanguageLounge.com. MyLanguageLounge.com is not liable for any loss or damage which may be incurred through reliance on any information published on the MyLanguageLounge.com Site by any registered User.
MyLanguageLounge.com reserves the right to suspend or terminate the membership of any registered User for any reason. No refunds, payments or compensation of any kind will be paid to registered Users whose registration has been terminated due to breach of these terms and conditions.
Tutors may end their membership at any time subject to the timely completion of any outstanding Tutoring Services they have accepted to undertake on behalf of a Student.
Students may end their membership at any time but shall remain liable to MyLanguageLounge.com and the relevant Tutor(s) for any monies outstanding in connection with Tutoring Services carried out at their request by a Tutor. If the Student does not use all of the credits available in their profile, the credits will remain active in that students profile but cannot be transferred to another account nor refunded to the User.
User Responsibilities, Obligations and Conduct
All registered Users agree not to post, distribute, publish or by any other means transmit material which is offensive, including offensive language, photography or any other material of an offensive or sexual nature. Breach of this condition by any member will result in termination of that members registration and may result in the appropriate authorities being notified.
All registered Users agree not to post, distribute, publish or by any other means place any computer code on the MyLanguageLounge.com Site which directly or indirectly links to another Site without our express permission.
All registered Users agree not to distribute or share their Username and / or Password details with any other individual or company for the purposes of allowing others to utilize the services provided through MyLanguageLounge.com.
All registered Users warrant and self certify that they can form legally binding contracts under their applicable law.
All registered Users will defend, indemnify, and hold harmless MyLanguageLounge.com, its officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities and expenses (including legal fees) relating to or arising out of your use of MyLanguageLounge.com
All registered Users agree that MyLanguageLounge.com will be liable for any incidental, consequential, or indirect damages (including, but not limited to, any deaths, threats, torts or injuries committed by any other registered User, damages for loss of data, loss of programs, cost of service interruptions or procurement of substitute services) directly or indirectly arising out of the use or inability to use the Tutoring Services provided through MyLanguageLounge.com.
Unless expressly authorized by MyLanguageLounge.com you will not in any way copy, mirror, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks or other protected proprietary information.
When registering as a Student you will be required to provide personal information not limited to your desired Username; desired Password; your email address; your Skype ID; the language you wish to learn; your country of residence; your local time zone. By registering an account you are confirming that you are over 16 years of age and that you accept the terms and conditions of use.
When registering as a Tutor you will be required to provide personal information not limited to your desired Username; desired Password; your email address; your Skype ID; your full name; your native language; your address; your country of residence; your local time zone and where you heard about us. You will also be requested to confirm that you are over 18 years of age and that you accept the terms and conditions of use.
Before registration Tutors will be required to pass an entry test. If the User fails the entry test, he/she will not be able to take the test again and therefore to register as a Tutor. All Tutors are required to submit their completed detailed profile to MyLanguageLounge.com which must be approved before a Tutor is permitted to provide Tutoring Services. MyLanguageLounge.com reserves the right to make minor amendments, corrections and alterations to Tutor profiles for the purposes of ensuring that Tutor profiles are presented in a professional manner and are error free.
Students: Scheduling and Payment
Students can either purchase a trial lesson at a discounted rate or purchase one of MyLanguageLounge.com packages. As the first package is purchased and the corresponding credits added to the Student profile, MyLanguageLounge.com will add one free lesson to the total credits available to the Student.
MyLanguageLounge.com will only add a free lesson to each Student’s profile after the purchase of their first package. This offer will not be applied each time a package is purchased. If a Student creates multiple accounts to take advantage of this initial promotion, their profile will be locked an no refunds, payments or compensation of any kind will be paid.
All lessons must be scheduled by a Tutor using the MyLanguageLounge.com platform.
Failure to adhere to the scheduling procedure stated above, and in particular any action whatsoever taken by a registered Tutor to arrange tuition time with a registered MyLanguageLounge.com Student through any other means so that a Service Fee is not paid to MyLanguageLounge.com, may result in the termination of both that Student’s membership and that of the Tutor concerned, and or legal action against that Student or the Tutor concerned for recovery of any monies deemed owing to MyLanguageLounge.com.
All registered Students agree to MyLanguageLounge.com acting as an agent for them for the purposes of scheduling tuition with a particular Tutor on their behalf.
MyLanguageLounge.com reserves the right to alter or amend our standard Service Fee at any time.
Students: 24 Hour Cancellation Policy
Should a registered Student be unable to attend a scheduled lesson or lessons, that Student may reschedule the scheduled lesson or lessons to any other available time or times with the same Tutor at no cost or penalty providing at least 24 hours notice to the Tutor concerned. If the lesson is cancelled less than 24 hours before the lesson is due to commence, a credit for each hour scheduled will be taken out from the Student’s profile.
Tutors: General Terms
By accepting these terms and conditions all registered Tutors hereby agree that by placing an approved profile on MyLanguageLounge.com they hold themselves out to be willing to contract directly with any registered Student, for the supply of Tutoring Services. Furthermore, all registered Tutors accept that they are solely responsible for the performance, quality and fulfillment of all contractual obligations between themselves and a registered Student of MyLanguageLounge.com in respect of Tutoring Services scheduled with them by that Student.
By agreeing to these terms and conditions, Tutors warrant that they are self employed and therefore responsible for compliance with all income tax and other taxes which they should properly account for under the tax jurisdiction applicable to them.
By accepting these terms and conditions all registered Tutors hereby release MyLanguageLounge.com from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to a failure on the part of a registered Student to ensure that their personal contact details, including their contact email address, are accurate at all times.
Tutors are expressly forbidden from negotiating or discussing the Service Fee either directly or indirectly with a Student. The membership of any Tutor found to be in breach of this condition will be terminated immediately and no compensation will be paid in respect of any Tutoring Service provided to a Student by that Tutor.
Tutors: Compliance With Scheduling Procedure
By accepting these Terms and Conditions, all registered Tutors agree not to contact any registered MyLanguageLounge.com Student either directly or indirectly for the purpose of arranging tuition time with that Student through any mechanism other than the MyLanguageLounge.com Site All registered Tutors agree not to engage in or promote any activity with the intention of arranging lessons with a Student outside of the MyLanguageLounge.com Site. Activity of this nature is specifically prohibited under our terms of service and undermines the trust, security and legitimacy of MyLanguageLounge.com
All lessons must be scheduled using the MyLanguageLounge.com system by a Tutor. As a Tutor you are responsible for understanding the correct scheduling procedure and ensuring that this is followed by Students.
Communicating via email, Skype, phone or other means with the intention to schedule and arrange a lesson with a Student in a way which is intended to circumvent our fee structure and avoid the payment of the Service Fee to MyLanguageLounge.com is not permitted.
Placing contact information (including URL’s and images) on your Tutor profile which directly or indirectly promote a service outside of the MyLanguageLounge.com Site is not permitted.
Failure to adhere to these terms and conditions by a registered Tutor, and in particular any action whatsoever taken by a registered Tutor with the objective of privately arranging tuition time with a registered MyLanguageLounge.com Student through any other means such that the Service Fee is not paid to MyLanguageLounge.com, may result in the termination of both that LanguageTutor’s membership and that of the Student concerned, and or legal action against that Tutor or the Student concerned for recovery of any monies deemed owing to MyLanguageLounge.com
Tutors: Delivery of Tutoring Services
All Tutors agree to provide high quality Tutoring Services to any Student in a timely fashion. We reserve the right to suspend or terminate the membership of any Tutor who’s performance is considered below standard. We reserve the right to change the required standard at any time.
All registered Tutors agree to be fully responsible for contacting a Student at the correct scheduled time by initiating a Skype call from their MyLanguageLounge.com account.
Tutors: Lesson Cancellation Policy
Tutors may cancel a scheduled lesson with a Student at least 24 hours before the lesson is due to commence. If a Tutor is forced to cancelled a scheduled lesson less than 24 hours before the lesson is due to commence due, they are requested to reschedule the cancelled lesson within 72 hours.
Communication Between Users
MyLanguageLounge.com reserves the right to monitor communications between all registered Users for the purposes of ensuring the integrity and security of MyLanguageLounge.com and to ensure the safety of all Users of MyLanguageLounge.com. Communications between MyLanguageLounge.com Users via any of the tools or functions we make available to you (including unopened messages sent via our messaging system) may be monitored by MyLanguageLounge.com staff for the purposes of preventing fraud, the prevention of abuse of the MyLanguageLounge.com Site and identifying attempts to avoid or circumvent our Service Fee structure.
Use of Skype
By registering or using any service provided by MyLanguageLounge.com, all Users acknowledge that MyLanguageLounge.com is not responsible for the quality of the Skype interface or the quality of communications between a Student and a Tutor using Skype. Skype is a third party communications solution and is in no way the responsibility of MyLanguageLounge.com.
Limitation of liability and Disputes
MyLanguageLounge.com is not responsible for the quality of Tutoring Services provided by Tutors registered on MyLanguageLounge.com.
Where there is a dispute by a registered Student over the quality, duration, standard or any other matter whatsoever with respect to a language lesson or any associated Tutoring Service performed by a registered Tutor, this is a matter to be resolved between the registered Student and the registered Tutor directly as the two principles to the contract.
No refunds will be made by MyLanguageLounge.com whatsoever in relation to the quality, duration or standard of the Tutoring Service provided, or any other issues which are under the control or influence of the Tutor concerned.
MyLanguageLounge.com is not responsible for disputes, claims, loss, injury, or damage of ANY KIND that might arise during and after us
Disclaimer of warranties
MyLanguageLounge.com do not guarantee the accuracy or completeness of any information or content presented on the Site.
MyLanguageLounge.com is not responsible for the delivery, quality or performance of any individual language lesson scheduled through MyLanguageLounge.com.
Any Service provided through MyLanguageLounge.com is on an “as is” basis without any warranties or conditions of any kind, express, implied, statutory, in all communication with MyLanguageLounge.com, its affiliates or its representatives, or otherwise with respect to any Service.
MyLanguageLounge.com and/or its affiliates specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither, MyLanguageLounge.com nor its affiliates warrant that your use of any Service provided to Tutors or Students through MyLanguageLounge.com will be timely, secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Site will be corrected. MyLanguageLounge.com makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Site.
MyLanguageLounge.com and its affiliates disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized Users, or “hackers”) of the Site.
You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the Site, including any damages resulting from computer viruses.
(“User(s)”) refers to both independent freelance Tutors (“Tutors”) and the purchasers of Tutoring Services (“Students”). A User may be a Tutor, Student or both.
(“The Site”) refers to the domain MyLanguageLounge.com.
(“Tutoring Service(s)”) means any service provided by a Tutor to a Student via the Site
(“Service(s)”) refers to any service provided by MyLanguageLounge.com to facilitate the provision of Tutoring Services by a Tutor to a Student.
(“Tutor(s)”) refers to all registered independent freelance Tutors.
(“Student(s)”) refers to any purchaser of Tutoring Services through the MyLanguageLounge.com Site
(“Service Fee(s)”) refers to the total fee(s) payable in advance by a Student to schedule lesson time with a Tutor through the MyLanguageLounge.com Site.
(“Tutor Fee”) refers to the fee per completed lesson due to any individual Tutor.
(“Lesson Fee”) refers to the total fee per lesson being the Service Fee plus the Tutor Fee.
(“Confidential Information”) refers to any information whatsoever and howsoever supplied with the exception of information that is in the public domain or must be disclosed to comply with the law.
(“Tutoring Service(s)”) means any service provided by a Tutor to a Student via the MyLanguageLounge.com Site
(“Service(s)”) refers to any service provided by MyLanguageLounge.com to facilitate the provision of Tutoring Services by a Tutor to a Student.
Laws and Regulations
The provisions of this Agreement shall be governed by the laws of the United States of America. The provisions of this agreement are severable and, if any provision of this User Agreement is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced.
MyLanguageLounge.com has security measures in place to make sure any personal information is secure. Your account is password protected and all information is on a secure server, which only a limited number of employees can access. If you think someone else knows your password, or is using it, tell us immediately and change your password by logging into your account.
Even though we take appropriate technical steps to protect your security we cannot and do not provide any guarantees regarding the effectiveness of the security we employ or our ability to prevent third parties from acting unlawfully and obtaining information that you provide to us. By using MyLanguageLounge.com you accept and acknowledge that data transmission over the internet cannot be guaranteed as 100% secure and that you use the web site at your own risk.
Your personal information will be used to carry out our administration, answer your inquiries or complaints; to facilitate the of online language classes between registered MyLanguageLounge.com Students and registered MyLanguageLounge.com Tutors; research and marketing; for obtaining any relevant professional advice; for general statistics; as may be required by law or in connection with legal proceedings (including where we intend to take legal proceedings); as may be necessary to establish, exercise or defend our legal rights.