Welcome to our website.
Please read these terms and conditions carefully prior to using this website.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern English Coaching Online’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The terms “English Coaching Online” or “us” or “we” refer to the owner/s of the website. The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice. We reserve the right to make changes to the website or materials related to the website without notice.
From time to time, www.englishcoachingonline.com may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that English Coaching Online endorses the website(s). We have no responsibility for the content of the linked website(s).
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which English Coaching Online shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, lesson plans, podcasts, blog content, videos, reports, design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
If you submit content to English Coaching Online for inclusion on our website, you grant English Coaching Online a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content. Without limiting any of those representations or warranties, English Coaching Online has the right (although not the obligation) to, in English Coaching Online’s sole discretion to (1) refuse or remove any content, that, in English Coaching Online’s reasonable opinion, violates any English Coaching Online policy or is in any way harmful or objectionable, or (2) terminate or deny access to and use the website to any individual or entity for any reason, in English Coaching Online’s sole discretion. We will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal
General Terms: By selecting a product or service, you agree to pay English Coaching Online the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Automatic Renewal: Unless you notify English Coaching Online thirty (30) days before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment method we have on record for you. Upgrades can be cancelled at any time by submitting your request to English Coaching Online in writing.
Service, Fees/Payment: By signing up for any of our Services you agree to pay English Coaching Online the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. English Coaching Online reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be cancelled by you at any time with thirty (30) days prior written notice to English Coaching Online.
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Responsibility of Website Visitors: English Coaching Online has not reviewed, and cannot review, all of the material, including computer software, posted to the website, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, English Coaching Online does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical errors, and other errors. The website may also contain material that violates privacy or publicity rights or infringes the intellectual property and other proprietary rights of third parties or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. English Coaching online disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites: English Coaching Online has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.englishcoachingonline.com links, and that link to www.englishcoachingonline.com. English Coaching Online does not have any control over those non-English Coaching Online websites and webpages, and is not responsible for their contents or their use. By linking to a non-English Coaching Online website or webpage, English Coaching Online does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. English Coaching Online disclaims any responsibility for any harm resulting from your use of non-English Coaching Online websites and webpages.
Copyright Infringement and DMCA Policy: As English Coaching Online asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by English Coaching Online violates your copyright, you are encouraged to notify English Coaching Online in accordance with English Coaching Online’s Digital Millennium Copyright Act (DMCA) Policy. English Coaching Online will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. English Coaching Online will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of English Coaching Online or others. In the case of such termination, English Coaching Online will have no obligation to provide a refund of any amounts previously paid to English Coaching Online.
Intellectual Property: This Agreement does not transfer from English Coaching Online to you any English Coaching Online or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with English Coaching Online. English Coaching Online, www.englishcoachingonline.com, the www.englishcoachingonline.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.englishcoachingonline.com or the website are trademarks or registered trademarks of English Coaching Online or English Coaching Online’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any English Coaching Online or third-party trademarks.
Changes: English Coaching Online reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Terms & Conditions Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this Agreement constitutes acceptance of those changes. English Coaching Online may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination: English Coaching Online may terminate your access to all or to any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.englishcoachingonline.com account (if you have one), you may simply discontinue using the website. Notwithstanding the foregoing, if you have paid services account, such account can only be terminated by English Coaching Online if you materially breach this Agreement and fail to cure such breach within thirty (30) days from English Coaching Online’s notice to you thereof; provided that, English Coaching Online can terminate the website immediately as part of a general shutdown of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
Disclaimer of Warranties: The website is provided “as is”. English Coaching Online and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties or merchantability, fitness for a particular purpose and non-infringement. Neither English Coaching Online nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
Limitation of Liability: In no event will English Coaching Online, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for (1) any special, incidental or consequential damages; (2) the cost of procurement for substitute products or services; (3) for interruption or loss or corruption of data; or (4) for any amounts that exceed the fees paid by you to English Coaching Online under this Agreement during the twelve (12) month period prior to the cause of action. English Coaching Online shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty: You represent and warrant that (1) your use of the website will be in strict accordance with the English Coaching Online Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the United States (or in the country in which you reside); and (2) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification: You agree to indemnify and hold harmless English Coaching Online, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees arising out of your use of the website, including but not limited to your violation of this Agreement.
Miscellaneous: This Agreement constitutes the entire agreement between English Coaching Online and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of English Coaching Online, or by the posting by English Coaching Online of a revised version. Except to the extent of applicable law, if any, provides otherwise, this Terms & Conditions Agreement, any access to or use of the website will be governed by the laws of the City of Toronto, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Ontario. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Terms & Conditions Agreement shall be finally settled in accordance with the comprehensive arbitration rules of the Judicial Arbitration and Mediation Service Inc. (JAMS) by three arbitrators appointed in accordance with such rules. The arbitration will take place in Toronto, Ontario (Canada), in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and legal fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term of condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; English Coaching Online may assign its rights under this Agreement without condition. This Terms & Conditions Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
