1.1 The following definitions are used in these terms and conditions:
1.1.2 “Business Days” means days on which clearing banks are open for business in England and Wales, but excluding Saturdays and Sundays;
1.1.3 “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.
1.1.4 “Download” means any download of any Teaching Material from the Website to any device of the Subscriber.
1.1.5 “Perfectly Spoken” means Perfectly Spoken Limited, registered in England and Wales under company number 9197891.
1.1.6 “Subscriber” and “Subscription” means any registered subscriber to the Website and the services provided by it and his or her subscription to such services. .
1.1.7 “Subscription Fee” means the subscription fee paid to Perfectly Spoken by a Subscriber in respect of any Subscription.
1.1.8″Teacher” means an independent freelance provider of Teaching Materials to Perfectly Spoken.
1.1.9 “Teaching Materials” means all teaching materials made available on the Website by Perfectly Spoken including all Downloads for Subscribers and including recorded and live lessons given by Teachers, associated lesson materials, exercises and homework. .
1.1.10 “TEFL” means Teaching English as a Foreign Language.
1.1.11 “Website” means the website www.perfectlyspoken.com.
1.2 Any reference to a singular word shall include reference to the plural and any reference to the masculine gender shall include reference to the feminine gender and vice versa.
2 Acceptance of Terms and Conditions
2.1 These terms and conditions constitute a legal agreement between you and Perfectly Spoken with respect to the use of the Website and all and any Downloads and shall be legally binding in all circumstances. By becoming a Subscriber, by using the Website or effecting any Download or by having any dealings with Perfectly Spoken or using any Service provided by Perfectly Spoken, you agree to accept them fully and, where applicable, the Terms and Conditions for One-to-One Users , which shall be deemed to be incorporated into these terms and conditions to the extent applicable. By paying a Subscription Fee, you will be deemed to have confirmed your acceptance of these terms and conditions. . These terms and conditions may be changed at Perfectly Spoken’s discretion at any time and it is the responsibility of each Subscriber to ensure that he is fully aware of the current terms and conditions at all times. Continued use of the Website or continuing to deal in any way with Perfectly Spoken will be deemed to constitute acceptance of any variation of the terms and conditions.
3 What Does Perfectly Spoken Offer to Subscribers?
3.1 Perfectly Spoken provides Subscribers with a learning platform and Teaching Materials which are contained on the Website and in Downloads. .
4.1 When registering as a Subscriber, you will be required to provide and verify personal information about yourself including: a username, password and email address; your country of residence; your local currency and payment details (if you are a Student or Teacher); and your local time zone. You must keep these details accurate and up-to-date. By registering an account you are confirming that you are over 18 (eighteen) years of age and that you accept these terms and conditions. Persons under eighteen years of age are required to subscribe through a Subscriber who is over eighteen and that adult person shall be solely responsible for ensuring that only appropriate content is passed on to the minor under eighteen. . By registering, all Subscribers acknowledge that Perfectly Spoken has no responsibility whatsoever for the quality of any Download. Perfectly Spoken reserves the right to suspend the operation of the Website at any time for maintenance and improvement or for such other purposes as it may deem necessary.
4.2 A Subscription is personal to a Subscriber and is not transferable. Each Subscriber will be held responsible for all actions committed with the use of his username and password and must take all measures necessary to protect his security and not divulge it to any person. No person besides the Subscriber may use the Website or seek to obtain any Download using that Subscriber’s username and password.
4.4 Perfectly Spoken has an accreditation process which is designed to guarantee Subscribers excellent Teachers who offer high-quality Downloads and other Teaching Material on the Website. In order for Teachers to be accredited, Perfectly Spoken guarantees to Subscribers that each Teacher meets the following criteria:
4.4.1 University graduates – all Teachers have graduate-level qualifications in diverse subjects including English literature, film studies, sports science, politics, history, engineering and chemistry. Teachers with university degrees are able to discuss a wide range of topics and make Teaching Materials interesting for Subscribers; and
4.4.2 Perfect English ‚Äì all Teachers speak perfect English to offer Subscribers natural, authentic English with perfect pronunciation; and
4.4.3 TEFL qualification – as well as being university graduates and perfect speakers, all of our Teachers have a postgraduate TEFL qualifications. This guarantees Subscribers a high quality learning experience delivered through the Website and Downloads by specifically qualified Teachers.
4.5 Perfectly Spoken requires Teachers to refresh continually their skills and knowledge and Teachers receive regular input from Perfectly Spoken’s academic team which ensures that they update their teaching practice with exciting new techniques.
4.6 Perfectly Spoken takes all reasonable measures to ensure that only high quality Teachers are permitted to provide Teaching Material and Perfectly Spoken checks the validity of any individual Teacher’s qualifications or background. Perfectly Spoken cannot however guarantee the accuracy of any information supplied by any Teacher if such information is presently fraudulent or negligently by that Teacher.
4.7 Perfectly Spoken reserves the right to alter the content of any Subscription at any time but will not materially reduce the quantity or quality of any Teaching Material.
5 Website, Privacy and Cookie Policies
6 Subscription Fees
6.1 Subscribers shall pay all Subscription Fees due to Perfectly Spoken for Tuition in the manner and frequency provided for on the Website from time to time by online bank payment or PayPal before the Subscriber can access the Website or any Downloads. Upon making payment for the first Subscription, all Teaching Material shall be made immediately available to the Subscriber. All payments shall be made in Euros unless agreed otherwise by Perfectly Spoken. All and any bank charges in connection with non-Euro payments shall be paid by the Subscriber. Monthly and Annual Subscriptions will be taken from the same bank account of the Subscriber from which his first payment was made on the same date in each month (or the next Business Day if that date is not a Business Day) until the Subscription is cancelled by the Subscriber in accordance with clause 9.
6.2 Perfectly Spoken may increase its prices upon notifying Subscribers on the Website of such increased prices, which will not take effect until at least one month after the date on which such notification is made.
6.3 Perfectly Spoken reserves the right to offer trial packages at a lower cost to potential new Subscribers than existing Subscribers may be paying.
7 Subscriber Responsibilities
7.1 Subscribers are encouraged to provide feedback and comments on the Website, Downloads and Teaching Materials but agree not to post, distribute, publish or by any other means transmit material which is offensive in any way, whether in terms of language, photographs or other images or any other material of an offensive or sexual nature. Breach of this condition by any Subscriber will result in termination of that Subscriber’s Subscription and may result in the appropriate authorities being notified.
7.2 All Subscribers agree not to attempt to post, distribute, publish or by any other means place any computer code on the Perfectly Spoken Website which directly or indirectly links to another website without Perfectly Spoken’s prior written consent.
7.3 Perfectly Spoken reserves the right to monitor communications between Subscribers for all purposes including ensuring the security of the Website, Subscribers’ safety.
8 Intellectual Property and Copyright
8.1 All content, designs, text, graphics, software compilations, underlying source codes and other graphic arrangements displayed on or relating to the Website, any Teaching Material or any Downloads together with the compilation (meaning the collection, arrangement and assembly) of the Website and any of the same which is on any merchandise of Perfectly Spoken and these terms and conditions are protected by copyright of Perfectly Spoken or its licensors. Each Subscriber acknowledges and agrees that all intellectual property rights in and relating to the Website (and all content displayed on it), to any Download and the Teaching Materials are the sole property of Perfectly Spoken or its licensors and no rights are granted to the Subscriber in respect thereof except as expressly stated in these terms nor does any Teacher have any rights to the same. Perfectly Spoken grants to the Subscriber a limited, personal, non-transferable, non-exclusive right to access the Website for the purpose of viewing Downloads and using the Teaching Materials for his own, personal and non-commercial use. . Any use of the Website, any Download or Teaching Materials, including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website, any Download or Teaching Materials without prior written consent from Perfectly Spoken is strictly prohibited. Each Subscriber grants to Perfectly Spoken the non-exclusive, worldwide, payment-free, transferable and sub-licensable right to use any content that he uploads to the Website as approved by Perfectly Spoken for Perfectly Spoken’s business purposes.
8.2 No Subscriber shall infringe in any way any of the intellectual property rights associated with the manufacture, design or branding of anything advertised on the Website or to introduce any modifications to any of the information supplied by Perfectly Spoken. Use of the Website does not constitute a licence to use in any way any intellectual property of Perfectly Spoken.
9 Cancellation, Termination and Refunds
9.1 Subscribers may cancel their Subscription at any time through the Website (and shall be deemed to have cancelled their Subscription if any regular payment is not made on the due date for any reason). Monthly Subscribers shall not be entitled to any refund for the remainder of the month after they have cancelled their Subscription. Annual Subscribers shall not be entitled to refund of their Subscription unless Perfectly Spoken materially reduces the quantity of Teaching Materials available as Downloads on the Website or where the Website is not operational for more than two weeks in total in any calendar year. The refund given to Annual Subscribers shall be less the value of the Subscription for any months during which the Subscription was used and less such reasonable fees as Perfectly Spoken may determine by way of administration costs and inconvenience. Perfectly Spoken reserves the right to give discretionary refunds to any Subscriber in addition to the above.
9.2 Perfectly Spoken has a “fair use” policy and reserves the right to cancel, suspend or terminate any Subscription without refund if any Subscriber abuses his Subscription in the reasonable opinion of Perfectly Spoken in good faith in its absolute discretion. No refunds, payments or compensation of any kind will be paid to Subscribers by Perfectly Spoken whose Subscription has been terminated due to breach of these terms and conditions.
10 Limitations of Liability
10.1 Neither Perfectly Spoken nor its directors, employees or agents shall have any responsibility whatsoever for the provision, quality, accuracy, timely completion or legality of any Downloads or other Teaching Materials provided on or through the Website.
10.2 Subject to clause 10.5, Perfectly Spoken shall have no liability whatsoever to any Subscriber or to any other person for any direct, indirect, incidental or consequential damages, losses, claims, proceedings or liabilities of any kind which they may suffer, including without limitation any damages for loss of data, loss of programs, cost of service interruptions or procurement of substitute services) arising from the use of the Website (including for the acts or omissions of any other Subscribers including unauthorised Subscribers of, or hackers into, the Website), through the use of any merchandise of any description of Perfectly Spoken, through having any communication whatsoever which may arise whether through the use of the Website or which Perfectly Spoken may otherwise have facilitated or otherwise by registering any details of theirs with Perfectly Spoken.
10.3 Perfectly Spoken does not warrant the accuracy or completeness of any information or content presented on the Website or that its content is free of defects or viruses, or of any service provided or goods supplied through Perfectly Spoken which is on an “as is” basis, without any warranties or conditions of any kind, express, implied, statutory being given, whether for merchantability, fitness for a particular purpose, non-infringement or otherwise, all of which are excluded to the maximum extent permissible at law.
10.5 Nothing in these terms purports to limit or exclude Perfectly Spoken’s liability for personal injury or death caused by its negligence, fraud or fraudulent misstatement, or any other liability which it is not permitted by law to limit or exclude.
11 Governing Law
11.1 These terms and conditions are governed by the laws of England and all Subscribers and Perfectly Spoken agree to the exclusive jurisdiction of the English courts for the determination of any dispute (including non-contractual claims) which may arise between them. The provisions of these terms and conditions are severable and if any of them is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced.