TERMS & CONDITIONS OF MYSPEAKSHOP.COM
1. These Terms & Conditions set out the rules of using the services provided by My Speak Shop LLC at 2120 Carey Ave, Cheyenne, WY 82001, USA, hereinafter referred to as the "Administrator", within the MYSPEAKSHOP.COM website, hereinafter referred to as the "Site".
2. The Administrator shall only provide financial agency services between Site users.
3. Income taxes, VAT and other taxes payable to respective State, local, federal and other government authorities shall be paid by the User.
4. All correspondence with the Administrator shall be via e-mail at firstname.lastname@example.org
5. Anyone registered at the Site and using the Site shall be hereinafter referred to as the "User".
6. The Administrator shall enable the User to acess the Site, being an online foreign language learning platform, through online lessons, and offer the possibility of using this form of language learning for a consideration or offering foreign language teaching for a consideration.
7. A User who has been enabled to offer foreign language teaching services in the form of online lessons via the Site, after prior verification by the Administrator, shall be hereinafter referred to as the "Tutor". The relationship between the Administrator and the Tutor shall be governed by these Terms & Conditions as well as the Terms of Cooperation with Tutors, which are incorporated in these Terms & Conditions as an integral part thereof.
8. A User who has been enabled to learn in the form of online lessons offered by Tutors via the Site, after prior verification by the Administrator, shall be hereinafter referred to as the "Student".
9. Access to the Site shall comprise the following services:
a. technical options of giving lessons and taking part in lessons via the Internet,
b. options for recording, storage and access to saved copies of completed lessons,
c. access to Tutor information, particularly lesson prices and Tutor availability; lesson booking options,
d. options for reviewing and evaluating Tutors.
10. The Student shall pay the Tutor's fee with the Points they purchase. Every Point bought by a Student can be thereafter transferred within the Site to a Tutor's account.
11. The User can buy Points via PayPal or Dotpay online transfer systems at the prices published on the Site. The price list published on the Site shall be considered incorporated in these Terms & Conditions as an integral part thereof. Fees and charges of online payment service providers are set by these service providers and included in their respective terms and conditions as accepted by the User.
12. In order to take a lesson with a selected Tutor, the User must book the lesson date and time in the Site system and have a sufficient number of Points to pay for the lesson as allocated to their User account. The fee for the specified lesson time is set by the Tutor individually and published on the Site. At the time of booking, Points shall be charged from the Student's account.
13. The Tutor shall be deemed to commence the lesson service provision 24 hours before the booked lesson time, through reservation of their working time and professional preparation to the lesson.
14. If the Student cancels a lesson less than 24 hours before the booked lesson date and time, or if the Student fails to take the lesson, prepaid Points for that lesson shall not be returned to the Student's account.
15. If the Tutor cancels a lesson less than 24 hours before the booked lesson date and time, or if the Student fails to take the lesson, prepaid Points for that lesson shall not be allocated to the Tutor's account.
16. If either User interrupts a lesson or ends a lesson early, for whatever reason, Points shall be transferred to the Tutor's account in proportion to the actual duration of the lesson. The remaining points shall be returned to the Student's account.
17. In case of failure or service break of the Site, Points for unused lesson time shall be returned to the Student in proportion to unused or lost lesson time and Points for used lesson time shall be transferred to the Tutor in proportion to lesson time actually sold. In case of site failure, the Administrator shall not be liable for any claims by Users for remediation of loss caused by interruption or prevention of a lesson.
18. The Administrator shall not be held liable for any arrangements whatsoever as between the Site Users.
19. It shall be acceptable for the User to arrive up to 7 (seven) minutes late for a lesson. Any longer delay shall lead to such consequences as described in sections 13 and 14, respectively.
20. Every lesson, after the lapse of the scheduled time, can be extended as requested by the Student and approved by the Tutor by a multiple of a fifteen-minute unit, provided that the Student has a sufficient number of Points available to pay the price specified by the Tutor for extending the lesson, and further provided that the Tutor is available during that time. Points shall in such case be deducted from the Student's account immediately.
21. In their comments and evaluation, the Student shall only include such information and remarks that refer to the lessons they bought and the Tutors they bought the lessons from, so as not to violate the law or infringe any personal interests of other Users or third parties. In case of any infringement of these rules, the Administrator shall be entitled to delete or modify the comment or evaluation accordingly.
22. The User hereby gives their consent to video recording of the lessons. Footage is produced solely for the User's personal use and shall not be used for any other purpose whatsoever.
23. During the first month following the date of registration on Site, the Student shall be able to record and replay their lessons free of charge. Afterwards, these services shall be paid according to the price list published on the Site.
24. Unless there are sufficient Points in the User's account as necessary to cover the cost of retaining the recordings, the Student shall be notified via a system message accordingly and the recordings shall thereafter be deleted, within one week after such notice.
26. The User hereby represents that he is the lawful holder of title to resources published by them on the Site and furnished to the Administrator. It shall be forbidden to use illegal resources, or resources which have been obtained with illicit methods, or resources infringing any third party rights, on the Site.
27. The Administrator shall be entitled to delete any resources violating the preceding section from the Site.
28. In order to use the Site, the User must have a computer with Internet access. To participate in a lesson, the User must have a working webcam and microphone. The minimum specifications for the User's hardware are presented on the Site, Q&A tab.
29. The User is entitled to demand that the wording of these Terms & Conditions be clarified by the Administrator.
30. The User is entitled to complain to the Administrator regarding any services not conforming to the agreement and demand that they be reinstated to the condition conforming to the agreement. A complaint shall always be filed via the contact form published on the Site. A complaint may concern both the Administrator's services and other Users' services not conforming to these Terms & Conditions.
31. Any complaints concerning the Site functioning shall be considered within 30 days after the date of notice.
32. Complaints concerning una.reliable service provision as between Users shall be considered within 30 days after the date of reporting. The Administrator's decisions concerning determination of grounds for any dispute between the Site Users in favor of either User shall be final and binding. It shall be a prerequisite for the Administrator's decision to have the lesson recorded in advance and to identify the disputed User and the date of lesson.
33. The Administrator shall not be a party in further dispute between Users.
34. The User shall be entitled to terminate this agreement within 10 days of signing.
35. Each User shall be entitled to terminate the Site usage agreement effective immediately and to delete their User account from the Site. Termination shall not affect the User's obligations arising from services ordered previously from the Administrator or from other Users.
36. The Administrator follows the practice of giving a warning in the event of breach of these Terms & Conditions or in case of default in performance of obligations to other Users, particularly regarding cancellation of booked lessons. Three consecutive warnings shall lead to blocking the user's account.
37. If an account is blocked as a result of the circumstances specified in the preceding section, the Administrator shall be entitled to deduct 100 Points from the User's account as penalty. The remaining Points shall be converted to the currency defined by the User in the User's profile, as requested by the User, and transferred to that User's account via PayPal.
38. If an account has been blocked, the User shall be entitled to request that the account be re-activated. Account reactivation shall be at the Administrator's discretion.
39. The Administrator shall be entitled to delete any User's account at any time without giving a reason.
40. Accounts of users who have not logged in during 730 days (2 years) shall be automatically deleted and the funds gathered shall become the Administrator's property.
41. Any suspicious transactions (account charging) and payments (particularly such that may be considered extortion from the site owner, money laundering or similar) shall result in withholding payments and blocking the given Site User's account. A decision to block an account shall be taken by the Site Administrator.
42. These Terms & Conditions can be amended by the Administrator at any time in case of:
a. any change of the objects of the Administrator's business or the scope or prices of services provided by the Administrator,
b. any change of the Administrator's data,
c. non-compliance of the Terms & Conditions with the law.
43. Any change of these Terms & Conditions may not affect the rights acquired by the User under the Terms & Conditions in their previous wording.
44. Any change of the Terms & Conditions shall be communicated to Users via a notice on the Site.
45. Any User who does not agree to a modification of the Terms & Conditions shall be entitled to terminate further use of the Site effective immediately.
46. All matters related to these Terms & Conditions shall be governed by the law of Wyoming, United States of America.
47. These Terms & Conditions shall be effective as of the date of publication on the Site.
TERMS OF COOPERATION WITH TUTORS
1. These Terms of Cooperation with Tutors shall be incorporated in the Terms & Conditions of MySpeakShop.com. The rights and obligations defined herein shall apply only to the relationship between the Administrator and Tutors. All matters not covered by these Terms shall be governed by the Terms & Conditions of MySpeakShop.com.
2. The Tutor is entitled to specify:
a. the foreign languages they intend to teach during their lessons,
b. their charge for the specified lesson duration,
c. the dates and times on which he agrees and undertakes to give lessons, as long as the given date and time is booked by a Student.
3. The Tutor shall agree and undertake to give their lessons in a reliable manner, corresponding to their declared proficiency in the given foreign language, and declares their presence and readiness to give lessons at the times they presented as available, which were then booked by Students.
4. The points corresponding to the Tutor's remuneration for a lesson shall be allocated to the Tutor's account within 20 minutes after the end of each lesson. If a student files a complaint immediately after the end of a lesson, allocation of Points to the Tutor's account may be withheld until the complaint is duly considered.
5. If the Tutor, despite that a lesson has been booked by a Student, fails to commence the lesson at the agreed time, such Tutor shall not receive Points for such a lesson.
6. The Tutor is entitled to demand that the Administrator buy out all or part of the Tutor's Points. Points are bought from Tutors solely via PayPal, an online payment system. Points are converted to currency at a fixed rate: 1 point = 1 PLN. If Points are converted to any other currency than PLN, such Points shall first be translated into PLN at the 1:1 rate and then to the given foreign currency according to the applicable foreign exchange rate table published by PayPal.
7. The Administrator's commission fee shall be equivalent to 20% of the Points received by the Tutor. Commission fee is reserved at the time of booking a lesson by a Student within the Points allocated to buying the lesson. Commission fee is charged automatically after the end of each lesson.
Commissions and fees for all financial transfers to and from the Site shall constitute third party service and are subject to the terms and conditions of the respective service providers, which the User has duly read and understood.