Terms of Service

 

Last Updated: September 15, 2017

 

Speaking.Partners LLC, a limited liability company, incorporated under United States law, having its registered address at 150 Forest Ave, Palo Alto, CA 94301, provides an online "www.speaking.partners" platform that connects local speaking Partners who wish to help learners seeking to practice speaking with them.

 

These terms and conditions (as amended from time to time, the “Terms”) govern the use of ‘www.speaking.partner’ platform services (the “Services”) provided by Speaking.Partners and access of such Services through the website www.speaking.partners (the “Site”) or application for mobile devices (the “Application”).

 

Please read these Terms carefully as by using the Site or Application, irrespective of whether you become a registered user of the Services or not, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Site, Application or Services.

 

Key definitions and interpretation

 

“Content” means text, graphics, images, music, software, audio, video, information or other materials.

 

“Speaking-partner” means services that a Native Speaker of any language may provide to a Learner in relation to a specific language (e.g. general speaking practice, grammar practice, conversation about their native country). The services must comply with local and international legal regulations. Firms or legal entities cannot register and provide Speaking.Partners services as a Speaking partner on the Speaking.Partners platform.

 

“Speaking.Partners Fee” means an amount due and payable by a Learner for the speaking session(s). This equals the speaking partners "hourly-rate" multiplied by the number of hours they will speak with you.

 

“User” means an individual who completes Speaking.Partners account registration process, including but not limited to the Speaking Partners and Learners.

 

“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

 

“Learner” means a User who requests from a Speaking partner a booking to be practice speaking, via the Site, Application or Services.

 

“you”, “your” and “yours” means you a User of the Site or Application.

 

“we”, “us” and “our” are references to Speaking.Partners LLC.

 

Interpretation of Speaking.Partners "Speaking partner"

 

On Speaking.Partners, a ‘Speaking partner’ is a broad definition of a person who resides in a certain location and wishes to share his ability to speak a language with "users" that he/she meets on Speaking.Partners so that they could become acquainted with speaking the language. Speaking Partners must meet all legal requirements to speak with Learners in their area.  In some cases, and in some locations, this means that a specific license has to be obtained from an appropriate authority. However if a Speaking.Partners speaking partner simply offers practical speaking practice or shares his/her experience and knowledge about their native tongue, or country, he may just be a passionate local person without any formal training.

 

Services

 

Description of the Services

 

Speaking.Partners LLC makes available an online platform (www.speaking.partner) for the Speaking Partners and Learners to meet online and arrange speaking sessions.

 

By using the Site or Application, the Speaking Partners may create profiles (the “Profiles”) that provide information about their knowledge of their language and country, and may make themselves available to share that knowledge with their learners. Based on the Profiles, the Learners may select the Speaking Partners to provide the speaking session.

 

Role and responsibilities of Speaking.Partners LLC:

 

Speaking.Partners LLC is not an educational institution. Speaking.Partners LLC does not provide the speaking session or any other educational or similar services. Its role and responsibilities are strictly limited to (i) facilitating the connections between the Speaking Partners and Learners in arranging for the speaking session and (ii) processing payment transactions between the Speaking Partners and Learners, when a meeting is booked. With reference to above, you understand and agree that Speaking.Partners LLC is not a party to any agreement between the Speaking partner and Learner in relation to their scheduled meetings.

 

Intellectual Property

 

All Intellectual Property to the Content (except for the User Content) featured or displayed on the Site or Application or via the Services, is the property of Speaking.Partners LLC and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Services.

 

Subject to your compliance with these Terms, Speaking.Partners LLC grants you a limited, non-exclusive, non-sub licenseable, revocable, non-transferable license to (i) access and use the Site and Application solely in connection with your use of the Services, and (ii) access and use any content, information and related materials that may be made available through the Services.

 

Network Access

 

You are responsible for obtaining the data network access necessary to use the Services. You understand that such access may involve third-party fees (such as Internet service provider).

 

Your use of the services

 

User Accounts

 

To use all the Services available (including to create a Profile or book a speaking partner), you must create Speaking.Partners account either by direct sign up via the Site or Application or by usage of another sign up feature made available by Speaking.Partners.  Any sign up is subject to you providing the true, accurate and complete personal information (the “Registration Data”) as prompted by the relevant sign up feature (collection and use of personal information is governed by our Privacy Policy). You undertake to keep your Registration Data accurate and current and thus update your Registration Data when relevant.

 

You are responsible for any actions that take place while using your Speaking.Partners account. Keep your username and password secure and do not allow anyone else to use them to access the Services. Speaking.Partners LLC is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.

 

Age Restrictions

 

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

 

Requirements for the Speaking Partners, Profiles and speaking sessions:

 

If you are Learner, you understand and agree that a Speaking partner is not an individual involved in professional teaching activities. A Speaking partner is not always a licensed and/or qualified teacher. He or she is a person, who resides and has knowledge of a certain language and wishes to share it with the Learners so that they become acquainted with the language.

 

As a Speaking partner, you may create a Profile where you can showcase your native language as  well as personal information you wish to share with Learners about yourself and your country. The Profile will be made publicly available via the Services, and Learners will be able to book your offering via the Site, Application and Services based upon the information provided in your Profile. Visitors will also be able to provide feedback on your Speaking.Partners services and rate you as a Speaking partner. We will monitor all feedback obtained from Learners prior to publishing any reviews on your Profile, however we cannot be held liable for any derogatory or negative feedback received from Learners.

 

If you are Speaking partner, you represent and warrant that your Profile and service (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and (iii) will not conflict with the rights of third parties.

 

Please also note that any Speaking.Partners service offered by a Speaking partner must comply with the following requirements: (i) the speaking service has to be delivered personally by the Speaking partner who confirmed the booking, (ii) the Learner may not be joined to the speaking session booked by or delivered to other learners, (iii) the number of the speaking sessions that the Speaking partner may deliver per day is not limited.

 

User Interaction and Conduct

 

You are solely responsible for your interactions with other Users, whether online or in person. Speaking.Partners LLC assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users, and conduct any necessary investigation before meeting another person. Speaking.Partners LLC is under no obligation to become involved in any disputes between Users, but may do so at its own discretion.

 

For communications about bookings all Users will be offered a private messaging facility. Such facility must be used in a professional, courteous manner and only in relation to Speaking.Partners. We reserve the right to monitor and suspend any User accounts we suspect of abusing the private messaging facility.

 

Sharing your contact details, such as your phone numbers, emails, links to other sites and social networks, is not allowed before a booking is confirmed and paid. Communication before booking is for discussing your appointment details only. Contact details of both parties will be automatically released after booking is confirmed via the Speaking.Partners payment system. In case you bypass the Speaking.Partners platform, you isolate yourself from safe payments, customer support in case of dispute, refund policies and trustful reputation through our review system. Any attempts to exchange contacts before booking or execute transactions outside of the website can also be a reason for limiting you from using our services. If necessary, your internal communication on Speaking.Partners can be reviewed by Speaking.Partners staff. This is to provide you a better support should a conflict arise that requires escalation between you and another user.

 

You agree not to use the Services (i) to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than Show-around, (iii) to advertise sexual services, (iv) to advertise or promote any illegal product or service, and (v) to promote any political, ethnic, racial or religious organization or belief.

 

When using the Site, Application and our Services you shall not (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, (ii) interfere with or disrupt the integrity or performance of the Site or Application or the data contained therein, or our servers or networks, (iii) attempt to gain unauthorized access to the Site or Application or its related systems or networks or to any other computer system or website, or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.

 

User Content

 

You are solely responsible for all User Content that you upload, post, publish or display or email or otherwise use via the Services.

 

All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. You grant to Speaking.Partners LLC a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.

 

We reserve the right to monitor all User Content uploaded to the Site or Application at any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If Speaking.Partners chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.

 

Termination

 

You agree that Speaking.partners LLC, in its sole discretion, may suspend or terminate your User’s account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.

 

We reserve the right to terminate your access to the site for any reason or no reason and may terminate your Membership upon sending notice to you at the email address you provide in your application for Membership or such other email address as you may later provide to us. If we terminate your Membership for breaching this Agreement, you will not be entitled to any refund of any unused fees. We reserve the right to use credit card processors or banks inside or outside the European Union to process your transactions. In some instances, your bank or credit card issuer may charge you a fee for foreign transactions. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees.

 

In case of any violation of legal acts, committed during the process of payments concerning services of the Site, the User will be immediately restricted from using the Site and all relevant useful data about User's personal identification information will be shared with legal authorities in cooperation for investigation.

 

Bookings

 

If you are a Learner and wish to book the speaking session, you may do so either through the Site or Application. In case information provided in a Profile of a particular Local is not sufficient for you to decide on the speaking session or you have any special requests relating to the session, you will be able to discuss this with the Speaking partner via private messaging facility. As a Learner, you agree to pay Speaking.Partners LLC the Speaking.Partners Fee for any booking requested in connection with your account if such requested bookings are confirmed by the applicable Speaking partner.

 

If you are a Speaking partner and a booking is requested for your speaking session through the Site or Application, you will be required to either confirm or reject the booking before the day of when the booking is requested. Otherwise the booking request will be automatically cancelled.

 

Pricing

 

A Speaking partner individually determines the Speaking.Partners Hourly Rate. Alternatively, a Speaking partner can also choose to provide Free speaking sessions.

 

Before setting the Speaking.Partners hourly rate the Speaking partner must evaluate the fees and any local taxes applied for providing speaking services. The Speaking partner Fee has to include any such fees and taxes that the Speaking partner determines that he/she has to collect. The Speaking.Partners rate displayed in the advertisement of a Speaking.Partners listing or Profile includes all fees and taxes and is final for the Learner.

 

As a Learner you understand and agree that 100% of the amount paid for the speaking session will be considered as your personal income and taxes will be accounted for the entire initial amount.

 

Payment

 

A Learner can make a payment once a Speaking partner accepts his booking. At the time of payment a credit or debit card of the Learner, who made the booking, is debited the full amount of the Speaking.Partners Fee. The funds on the Speaking partner account balance will be available for withdraw immediately.

 

Cancellations and Refunds

 

If, as a Learner, you wish to cancel a confirmed booking made via the Site, Application and Services, 3 days (72 hours) before the speaking session, 100% of the Speaking partner Fee will be refunded to you. The same amounts shall be refunded to you in case a Speaking partner cancels a confirmed booking prior to the day of the session. Any confirmed and paid booking cancellation must be initiated directly to your speaking partner via the Speaking.Partners messaging system with a copy sent to support@speaking.partner. We will acknowledge and confirm your cancellation by email.

 

As a Learner you are also entitled for a refund of 100% of the Speaking.Partners Fee in case a Speaking partner fails to arrive for the speaking session.  As a Learner you have 24 hours after the end of session to initiate a dispute. If as a Learner you do not cancel your booking prior to the day of the speaking session the payment is not refundable.

 

Any refunds will be made by us within a commercially reasonable time of the cancellation or request for refund.

 

Limitation of Liability

 

We disclaim any and all liability to you for the supply of the Services we provide to you to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any service fee that we may have received in respect of which a claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.

 

We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of Site, Application and Services or for any services we may provide to you.

 

Your use of the Site, Application and Services is without any warranty or guarantee and is entirely at your own risk.

 

We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Site and Application.

 

Indemnity

 

You agree to indemnify, defend, and hold harmless us from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of the Services and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.

 

Modification of the Services

 

Speaking.Partners LLC reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that Speaking.Partners LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

Miscellaneous

 

These Terms constitute the entire and exclusive understanding and agreement between Speaking.Partners LLC and you regarding the Site, Application and Services.

 

Speaking.Partners LLC may assign its rights and obligations under these Terms to any party at any time without notice to you.

 

Speaking.Partners LLC may use subcontractors to perform the Services. Such sub-contracting parties shall comply with these Terms.

 

The use of the Services shall not create any joint venture, Partnership, employment or similar relations between you and Speaking.Partners LLC.

 

Speaking.Partners LLC reserves the right to revise these Terms at any time. Speaking.Partners LLC will inform you about any modification or change of these Terms by mail, on the Site or Application, via the Services or by other means deemed appropriate and adequate by Speaking.Partners LLC. We will also indicate at the top of this page the date the Terms were last revised. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.

 

The failure of Speaking.Partners LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

 

Services are rendered to you under and in accordance with United States Law. Any dispute between you and Speaking.Partners LLC is governed in all respects by United States Law.

 

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Speaking.Partners LLC (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.