Terms and Conditions of Use of Dante-learning, Online Italian Language School
Dante-learning – Online Italian Language School – (hereinafter abbreviated as “the Company”) offers online language study services (hereinafter abbreviated as “services”) to individual Members who follow the procedures indicated by Dante-learning. The following are the rules or Terms and Conditions of Use (“Terms”) that govern the use of our services. Our services should only be used by those who expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations.
- 1. Definitions
Terms used in this agreement are defined as follows I- “Applicant”: refers to an individual in the process of registering by the Company Site before becoming a Member. II “Member”: refers to an individual who is registered by the Company Site as a recipient of services, including students, after the application has been approved by the Company III “Student”: refers to an Individual registered by the Company Site receiving services including lessons through our Site. IV “Teacher”: refers to an affiliated teacher delivering lessons and services through the Company Site. V “Lesson”: Any form of information, exercise, conversation and advice offered by teachers to students through the Company Site. VI “Site”: the Internet website registered under the domain http://dante-learning.com and all subdomains. VII “Service”: any material and intellectual service provided through the Site, including but not limited to lessons, student counseling, exams, exercises, helpdesk, lesson booking, and blog with the objective of enhancing the Italian Language skills or knowledge of students and Members. VIII “Personal Information”: all personal information given by the Members to the Company which would identify the Member, including and not limited to his/her name, telephone number, mailing address and e-mail address.
- 2. Application of the terms
I – This agreement applies to the use of services by Members II – Any other service offered through the Site to Members not included in this agreement will be treated as part of this agreement.
- 3. Items and expenses
I – Members are requested to own the tools necessary for receiving the Company services, including but not limited to the following:
- Personal Computer
- Headset and microphone
- Web browser
- Internet connection
II – Members understand that it is their responsibility to provide tools and pay the bills and expenses related to the functionality of tools, such as internet bills, electricity and cost of hardware. III- The Company takes no responsibility for any malfunction of the above mentioned tools, including but not limited to bad internet connection, hardware and software compatibility.
- 4. Members registration
I – Applicants shall register online after agreeing with the policy written in these Terms. II – Applicants shall fill out all the mandatory fields in the registration form for becoming Members III – Applicants shall not provide false or incomplete information regarding their current status IV – The Company shall refuse or cancel any application following events or circumstances as outlined below, without notice or explanation: a) False or incomplete information are found b) Applicant was previously denied the status of Member c) The application was submitted by a third party other than the one stated in the registration form without a previous consensual agreement between the applicant, the third party and the Company d) Any other cases the Company considers inappropriate V – Applications of Members under the age of 18 (eighteen) years must be submitted by a parent or a legally recognized tutor VI – Applications are always subject to revision and approval by the Company administration. Applications become effective only after written approval by email or other written form, delivered by the Company to the applicant. VII – Any changes in name, address, email, phone number, country or any relevant mandatory information provided by Members upon registration shall be communicated promptly and correctly to the Company
- 5. Membership levels
I – Members can buy lessons or subscriptions II – All Members have access to free services: 1 (one) Trial lesson; unlimited contribution to our blog. Every Member can have a trial class only once. Free services are not cumulative. III – Trial lesson is free of charge. IV – Subscriptions can be granted after the payment of an automatic monthly fee, confirmed by the Company by email or any other written confirmation released by the Company, in accordance to the pricing conditions. The above mentioned “free services” (5-II) are granted to all Members. Subscriptions grant the right to have a lesson per week and are renewed automatically every 30 days after the payment of the subscription fee. Any unused lessons falling under the period of a subscription (30 days) can’t be transfered to the following month. The balance is always one lesson per week. V – Pricing conditions may change at any time and without notice by the Company. Applicants accepting prices at the moment of the subscription understand and agree to pay the prices indicated on the “pricing” page at the time of subscription. Any changes in prices, discounts and promotions decided by the Company after the Student’s subscription are not retroactive, therefore changes in prices after the subscription do not entitle the Member to receive any refund or upcharge to compensate the different prices. VI – Memberships and subscriptions are not cumulative, each subscription is individual.
- 6. Membership and services expiration
I – The right to use free services expire automatically if unused by the Member within 180 days, counting from the day the Membership was confirmed by the Company. II – “Lessons” bought outside monthly subscriptions will be automatically invalid if unused by the Member within 180 days, counting from the day the payment was confirmed by the Company. III – Unused lessons or services after such period of time will be invalid. IV – When a package of lessons is used, membership will expire automatically V – Members understand and agree that the expiration period can’t be extended under any circumstances and unused lessons can’t be refunded.
- 7. Membership conditions of use
I – Students are required to purchase lessons in order to access the Company Services II – Pricing conditions applicable are understood and agreed by the student upon the subscription to our website at the moment of the subscription. Any changes in prices, discounts and promotions decided by the Company after the Student’s subscription are not retroactive. III – Students shall purchase lessons using the payment methods available on the Site, including but not limited to Paypal, Stripe, and accepted Credit Cards. Any other payment methods shall be agreed in advance between the Member and the Company. IV- Members agree that Subscriptions shall not be cancelled. Exceptions are according to the Cancellation Policy, as stated in the present Terms and Conditions Agreement (Chapter 8). V – Students shall use the lessons and subscriptions only for the services described in this terms and conditions. VI – Students shall not rent, sell, give away for free any lessons or services to third parties VII – Members are responsible for a fair and correct use of their Membership. The Company is not responsible for any damage, injury, false statement or any other illegal activity perpetrated by Members to other Members or third parties using our services. The Company reserves the right to start legal actions against Members or third parties if the behavior of Members or third parties damages directly or indirectly the Company and its reputation.
- 8. Membership Cancellation Policy
I – Members can cancel their Membership application within 8 (eight) calendar days starting from the day the Company sent the Membership confirmation by email or any other written confirmation sent to the Member. The condition of this paragraph (8-I) is mandatory for any Membership cancellation. All the following paragraphs of Chapter 8 are ancillary to this paragraph (8-I). II – The cancellation process is complete and valid from the moment the Company sent the cancellation Confirmation by email or any other written form to the Member. III – The Company shall refund the Member for any unused services following the conditions of chapter 8-I of this Terms and Conditions document. The Company shall refund the Member of the amount paid upon subscription deducted of the services used by the Member as outlined in Chapter 8-IV, and deducted the amount the Company paid to third parties as administrative costs as outlined in Chapter 8-V of this agreement. IV – The Company shall deduct any cost of services used by the Member before the cancellation confirmation. Any le V – The cancellation process itself is free of any additional charge. The Company shall deduct the administrative costs paid to Paypal, Stripe, Credit Card Companies, Bank fees or any other costs paid by the Company to third parties as part of the Subscription and Cancellation costs. VI – Any Membership cancellation request not compliant with the condition of Chapter 8-I shall be refused and any refund claims rejected.
- 9. Service Booking Policy
I – Members shall book services, including lessons, using the Sites’s “lessons booking” page and follow the process explained in the Site. II – Reservations are subject to the Company approval and are valid only after written confirmation sent by the Company to the Member. III – Members can book a Service up to 12 hours before the beginning of the Service. Any booking with a notice shorter than 12 hours is permitted in exceptional cases and may be accepted at Company’s discretion. IV- Members can book services within 2 (two) months before the beginning of the service from the day of submission. Any reservation over 2 (two) months from the date of reservation may be accepted at Company’s discretion.
- 10. Service Cancellation Policy
I – Services including lessons can be cancelled at latest 12 (twelve) hours before the start time of the service. Cancellations submitted before the deadline are free of charge and no lessons or services will be considered as used by the Company. Any cancellation request submitted after such deadline will be rejected and the service will be considered as used by the Company. II – Members not attending at a reserved and confirmed lesson or service will be charged as if they used the lesson. Teachers must wait for a student for 25 minutes, after which the connection will be interrupted. III – Any technical problem members may encounter, including but not limited to internet connection, software and hardware failure, resulting in not attending to the service or lesson will be considered as if the member did not show up. The lesson or service will be counted as used. We recommend Members to consult our staff for testing connection, hardware and software compatibility. IV – Lessons or services interrupted at any time by the Members or Students for any reason including connection problems or hardware or software failure will be considered as used. V – Any interruption of the lesson or service caused by the Company occurring after the beginning of the lesson or service; any cancellation requested by the Company less than two hours before the beginning of the lesson, or teachers not attending for any reason, will not be charged and will be with compensated with the same service or lesson to be used anytime by the Member. The Company may decide to compensate students with extra lessons or services at its own discretion in case of inconveniences caused by the Company.
- 11. Code of Conduct
I – Cultural awareness and mutual respect are part of our Company’s DNA. Members are strongly invited to respect diversity. Any form of discrimination based on religion, sexual orientation, political ideas, ethnicity or other forms of discrimination based on diversity may result in the termination of the Membership without notice. II – Members shall not infringe any laws using our site or services, in particular: commit fraud; distribute copyrighted materials; distribute advertising of any type; resell lessons or services of the Company; introduce and advertise services in competition with the Company; introduce any form of pornographic material. III –Members shall not disclose any confidential information regarding the Company and its members and distribute such information to the Company’s competitors, internet forums, social networks, newsletters, email chains even after the expiration of membership. IV – Any other behavior our Company considers inappropriate may result in the termination of the Membership without notice.
- 12. Copyright and Intellectual Property
I –Members shall provide to the Company any information necessary to register as a Member and any other cases necessary for the correct use of the Company services. Such information will be treated securely by the Company and limited to administrative and educational purposes. II – Members’ information will be disclosed only with the agreement of the Members or if the Company is obliged by law to disclose such information. III – Each member is responsible for managing its own confidential information during lessons or services with other students or on the Company’s site and blog. Members shall not disclose information about other Members.
- 14. Cancellation or suspension of Members registration by the Company
The Company shall decide to suspend or cancel any Members registration and forbid Members from using services provided by the company without prior notice. Any unused services of suspended or cancelled Members will become invalid and shall not be refunded. The Company shall suspend or cancel any Membership registration when: I- Members violate any of these Terms and Conditions of use II- Members violate valid Terms and Conditions not included in this Terms and Conditions document III – The Company deems inappropriate to provide service to Members or maintain service registration
- 15. Indemnity
I – Our Company is not liable to Members for their ability to use the Italian language and/or conformity of their purposes in using our services. II – Our Company takes limited responsibility declared exclusively within these Terms and Conditions and will not be liable for any losses or damages – whether such losses or damages were foreseen, foreseeable, known or otherwise – including but not limited to loss of profits, indirect, consequential, special or exemplary damages or losses caused by any compensations claimed by third parties. III – Members agree that our Company and Teachers shall not be liable for technical problems including but not limited to internet connections, power, software compatibility, email or social networking communication, resulting in any losses or damages, whether such losses or damages were foreseen, foreseeable, known or otherwise. IV – Our Company assumes no responsibility for any damages or losses caused by teachers or members against other teachers or members or any third parties in the use of our Services, whether such losses or damages were foreseen, foreseeable, known or otherwise.
- 16. Suspension of services
I – Our Company may suspend Services without prior notice to students in case of technical difficulties or Human resources related matters II – Our Company may distribute to Members at its own discretion communication related to the suspension of the services in the form deemed as appropriate by the Company. III – Members understand that there are reasons for the suspension of Services and that the Company is not liable for any resulting losses or damages, whether such losses or damages were foreseen, foreseeable, known or otherwise.
- 17. Termination of services
I – Our Company may terminate Services without prior notice to students II – Our Company shall refund unused services to Members in the form and methods deemed as appropriated by our Company.
- 18. Amendments and Additions to Services
I – Our Company may amend or add services without prior notice to students
- 19. Revision of the Terms and Conditions of use
I – Our Company may revise these Terms and Conditions of Use stipulated between the Company and the Members without prior notice to the Members. II – Any revised Terms and Conditions of use become effective upon publication on the Company Site. The Company may also decide to communicate any revision of the Terms and Conditions of use by email or any other written form at its own discretion.
- 20. Consumer Contract Act and Court of Jurisdiction
These Terms and Conditions of Use are subject to the Laws of Japan. Any content of the present Terms and Conditions document in contradiction with the Consumer Contract Act of Japan – Law no. 61 May 12th 2000 – if any are found, must be considered invalid in case of controversies. All the other parts of the present document are to be considered valid and effective if not in contradiction with the Laws of Japan. In case of legal controversies between Members or third parties and the Company, the Tokyo District Court or the Tokyo Summary Court is to be considered court of Jurisdiction.
- 21. Controversies settlement
Any controversies arising between the Company and Members or other third parties, shall be settled upon consultation between the involved parties through open and sincere discussion.