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Terms and Conditions / AGB

Klicken Sie hier für die deutsche Version

 

Welcome to Englisch Coach Studio (“Company”, “we”, “our”, “us”)

As you have just clicked to our Terms of Service, please take some time, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

 

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://englischcoachstudio.com/ operated by Englisch Coach Studio / Tania Niederbacher.

 

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here.

 

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

 

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at tania@englischcoachstudio.com so we can try to find a solution.

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These Terms apply to all visitors, users and others who wish to access or use Service.

Thank you for being responsible.

1. Scope

1.1. The following General Terms and Conditions (“GTC”) apply to all business relationships between Englisch Coach Studio / Tania Niederbacher (hereinafter “Englisch Coach Studio”) and the customer. The version valid at the time the contract is concluded is decisive. 

Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. Consumers within the meaning of these terms and conditions are natural persons with whom business relationships are entered into without them acting in the exercise or for the purpose of a commercial or independent professional activity. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or persons and companies with legal capacity with whom business relationships are entered into and who act in the exercise of their commercial or independent professional activity. 
 

1.2. Certain services and/or products from Englisch Coach Studio may be subject to separate contract and/or registration conditions, which supplement the provisions of these General Terms and Conditions. These are referred to separately in connection with the respective service/product in the product-specific conditions (see Section 3 of these General Terms and Conditions). To the extent that these separate and special conditions for individual service areas deviate from the provisions of these General Terms and Conditions, the provisions of the special conditions take precedence over the respective provisions of these General Terms and Conditions. 

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​1.3.Differing, conflicting or supplementary general terms and conditions from third parties or customers shall not become part of the contract, even if known, unless their validity is expressly agreed. This does not apply to the product-specific conditions referenced in Section 1.2 and detailed in Section 3 of these Terms, which are considered part of these Terms.

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1.4 For business customers (entrepreneurs and businesses acting in the course of their business, trade, or profession), these Terms are considered accepted if the customer does not object to them immediately after being made aware of their application to the business relationship.

2. Definitions

In this Agreement the following terms shall have the following meanings:

"Englisch Coach Studio": means the business name under which Tania Niederbacher operates as a sole proprietorship, offering English coaching services.

"Service" or "Services": means the online English coaching and subscription-based language learning services offered by Englisch Coach Studio through this Website.

"Subscription": means the recurring agreement to access our Services for a specified period, either on a monthly or quarterly basis.

"User" / "Users": means any individual or entity that accesses the Website or uses our Services, whether or not they have purchased a subscription.

"Customer": means any individual or entity that purchases or subscribes to the Services offered by Englisch Coach Studio, including:
(a) consumers (private individuals not acting in the course of business);
(b) entrepreneurs and businesses (individuals or entities acting in the course of their business, trade, or profession).

"Website": means the website located at www.englischcoachstudio.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.

"Account": means collectively the personal information, Payment Information, and credentials used by Users to access the Services and any communications System on the Website.

"Payment Information": means any details required for the purchase of Services from this Website, including but not limited to credit/debit card numbers, bank account numbers, and sort codes.

"Billing Cycle": means the recurring period (monthly or quarterly) for which Users are charged for the Services.

"Content": means any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this Website or is provided as part of the Services.

"System": means any online communications infrastructure made available through the Website or Services, including but not limited to web-based email, message boards, live chat facilities, and email links.

"Intellectual Property": means all content, trademarks, databases, copyright, and other intellectual property rights relating to the Content, as well as the design, structure, and arrangement of the Website.

"Cooling Off Period": means the 14-day period following the conclusion of the contract during which Users have the right to withdraw from the contract without giving any reason.

"Company/We/Us/Our": means Tania Niederbacher operating as Englisch Coach Studio, including all employees and representatives acting on behalf of Englisch Coach Studio.

"Agreements": means collectively these Terms and Conditions, including any additional terms, conditions, and policies referenced herein, as well as our Privacy Policy, which govern your use of the Services provided by Englisch Coach Studio.

"Terms" or "Terms of Service" or "Terms and Conditions" or "AGB" (Allgemeine Geschäftsbedingungen or "GTC" (General Terms and Conditions): means these general terms and conditions that form the entire agreement between You and Englisch Coach Studio regarding the use of the Service.

3. Offers
& Service

3.1 Englisch Coach Studio offers English Coaching Services based on a monthly or quarterly subscription plan model. While we strive to ensure that all general descriptions of Services correspond to the actual Services provided, the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part.

 

3.2 Where appropriate, you may be required to select the required Plan of Services. 

3.2.1 Specifics of each individual plan are detailed on our website www.englischcoachstudio.com/plans-pricing. The contents of subscription plans are subject to change. You will be informed of any changes by email at least 14 days before they take effect.

 

3.3 Introductory Calls, Strategy Sessions, and 1:1 Appointments are conducted online via Zoom or a similar video conferencing platform. By using our Services, you agree to comply with the terms of service of these third-party providers.

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3.4 As part of our Services, we provide content via an online hub hosted on Notion. To fully utilise this feature, you may need to download the Notion application. Your use of Notion is subject to their terms of service.

3.4.1 While the use of this online hub is not required, we strongly recommend it to enhance your experience and achieve the best outcomes.

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3.5 There are no penalties or fees for cancellation of appointments, late or missed appointments. Appointments can be rescheduled at any time via our online booking system.

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3.6 Subscription plans clearly state how many appointments are available per month. It is the user's responsibility to schedule and use these available appointments. Appointments are not rolled over into the next month.

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3.7 We do not guarantee constant availability of our Services. Availability indications are provided on the Website.

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3.8  In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.​

3.8.1 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

4. Subscriptions

4.1 Our Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or quarterly basis, depending on the type of subscription plan you select when purchasing a Subscription.

 

4.2 At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Englisch Coach Studio cancels it.

4.2.1 You may cancel your Subscription renewal either through your online account management page or by contacting Englisch Coach Studio at tania@englischcoachstudio.com.

 

4.3 A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Englisch Coach Studio with accurate and complete billing information including full name, address, state, zip code (post code), telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Englisch Coach Studio to charge all Subscription fees incurred through your account to any such payment instruments.

 

4.4. Should automatic billing fail to occur for any reason, Englisch Coach Studio will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

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4.5 You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

5. Availability &
Support

5.1 While we strive to provide our services with high availability, we do not guarantee uninterrupted access to our website or services. Occasional downtime may occur for maintenance or unforeseen issues.


5.2 Customer support is available via email at tania@englischcoachstudio.com. We aim to respond to all inquiries within 24-48 hours during business days.

6. Prices

All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.​

7. Fee Changes

7.1 Englisch Coach Studio, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any changes to Subscription prices will not affect existing subscriptions that have already been purchased (e.g., a 12-month subscription contract) unless the subscription is canceled and subsequently re-purchased.

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7.2 In the event that Subscription fees are changed between the time an order for Services is placed and the processing of that order, the price that was in effect at the time of the order will apply.​

 

7.3 Englisch Coach Studio will provide you with reasonable prior notice of any changes to Subscription fees. Such changes will not affect any existing subscriptions that have already been purchased. However, you will have the opportunity to reconsider your Subscription and terminate it if you do not wish to continue for any reason.

 

7.4 Your continued use of the Service following any change to the Subscription fee constitutes your acceptance of the modified fee for any new or re-purchased subscriptions. This does not affect your existing subscription, which will remain at the original fee until the contract term expires or until it is canceled.

8. Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

9. Purchases & Orders

9.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Us and you.

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9.2 Purchase confirmations under Clause 9.1 will be sent to you before the Services begin and shall contain the following information:

9.2.1 Confirmation of the Services ordered;

9.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges;

9.2.3 Relevant times and dates for the provision of the Services.​

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9.3 We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

 

9.4 We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

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9.5  If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

10. Payment

For more information regarding subscription billing cycles see section 4. (Subscriptions)

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10.1 If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

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10.2 You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

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10.3 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.

 

10.4 We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

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11. Refund Policy

11.1 SUBSCRIPTION COACHING PLANS

14--Day Money-Back Guarantee – Englisch Coach Studio includes all the things I’ve learned about language learning over the past 12 years of working as an English Instructor. This system is designed to help you become fluent naturally, if you’re ready to put in the work and follow the steps. 

However, if after going through the first 2 weeks, you feel that this system is not a right fit for you, we offer a 14-Day no-questions-asked refund policy for this product.

Please just email tania@englischcoachstudio.com, let me know which date you purchased and I’ll make sure the refund is processed on our end within 2--5 business days.

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11.2 See Section 9, Sub-Clause 9.5 for details regarding payment processing and order acceptance. In the event that a payment is accidentally taken or if there is an error during the booking process (such as a problem with your card number or double booking), you will be entitled to a refund of any amounts charged in error. Please contact us at tania@englischcoachstudio.com to report any such issues, and we will ensure that your refund is processed promptly in accordance with our policies.

12. User
Obligations

12.1 Users are responsible for maintaining the confidentiality of their account information and password.


12.2 Users agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.


12.3 Users are responsible for all activities that occur under their account.


12.4 Users agree to use the services for their intended purpose and not to abuse, disrupt, or attempt to gain unauthorised access to our systems.

13. Prohibited Use

13.1 You may use our Service only for lawful purposes and in accordance with Terms. You agree not to use our Service:

 

  • In any way that violates any applicable national or international law or regulation.

 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

 

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

 

  • To impersonate or attempt to impersonate Englisch Coach Studio, an Englisch Coach Studio employee, another user, or any other person or entity.

 

  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

 

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Service, or which, as determined by us, may harm or offend Englisch Coach Studio or users of our Service or expose them to liability.

 

13.2 Additionally, you agree not to:

 

  • Use our Service in any manner that could disable, overburden, damage, or impair our Service or interfere with any other party’s use of our Service, including their ability to engage in real time activities through our Services.

 

  • Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Website or Content related to our Services.

 

  • Use any manual process to monitor or copy any of the material on our Website or Content related to our Services or for any other unauthorised purpose without our prior written consent.

 

  • Use any device, software, or routine that interferes with the proper working of our Website or Services.

 

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

 

  • Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of our Services, the server on which Service is stored, or any server, computer, or database connected to our Services.

 

  • Attack our Website or Service via a denial-of-service attack or a distributed denial-of-service attack.

 

  • Take any action that may damage or falsify Englisch Coach Studio ratings.

 

  • Otherwise attempt to interfere with the proper working of Service.

14. Age
Restrictions

14.1 Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Englisch Coach Studio, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service. 

 

14.2 Payment Information must be provided by or with the permission of an Adult.

15. Accounts

15.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

15.1.1 all information you submit is accurate and truthful. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account;

15.1.2 you are above the age of 18;

15.1.3 you have permission to submit Payment Information where permission may be required; and

15.1.4 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

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15.2 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.

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15.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.

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15.4 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

16. Account Management

16.1 You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.

 

16.2 It is recommended that you do not share your Account details, particularly your username and password. 

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16.3 We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

17. Account Cancellation Policy

If you wish to terminate your account, you may simply discontinue using Service, delete account, or contact tania@englischcoachstudio.com with an account termination request.

18. Cancellation of Orders & Services

We want you to be completely satisfied with the Products or Services you order from Englisch Coach Studio. If you need to speak to us about your Order, please contact customer care by email at tania@englischcoachstudio.com. You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.

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18.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Englisch Coach Studio and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform us immediately using the following email: tania@englischcoachstudio.com. If you cancel within this 14-day cooling-off period, you will receive a full refund for any amounts paid.

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18.2 If you cancel the Services after provision has begun but is not yet complete, and after the 14-day cooling-off period has elapsed, you will still be required to pay for all billing cycles up to the point at which you inform us of your wish to cancel. All subsequent billing cycles will be canceled, and no further charges will be incurred. The amount due shall be calculated based on the full price of the Services and the actual Services already provided. 

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18.3 Cancellation of Services after the 14-day cooling-off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

19. Changes to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

20. Termination or Pause of Service

20.1 We may terminate or suspend your Subscription and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. In this case, your Subscription will run to the end of the Billing Cycle. You will not be charged for any further Billing Cycles.

 

20.2 You can terminate your Subscription at any time either through your online account management page or by contacting Englisch Coach Studio at tania@englischcoachstudio.com with a termination request. Your Subscription will run to the end of the Billing Cycle. You will not be charged for any further Billing Cycles.

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20.3 You can suspend / pause your Subscription for up to two consecutive months either through the online request form or by contacting Englisch Coach Studio at tania@englischcoachstudio.com directly with a pause request.

20.3.1 Your Subscription will run to the end of the Billing Cycle and you will not be charged for the following paused months (max. 2 consecutive months).

20.3.2 Your Subscription Billing Cycle will resume after the requested paused months (max. 2 consecutive months) until your subscription plan ends, or you cancel or pause your Subscription.

21. Amendments to Terms

21.1 We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

 

21.2 Your continued use of our Website or Services following the posting of revised Terms indicates your acceptance of the changes. While we will inform you via email of any significant updates, it remains your responsibility to regularly check this page to stay informed about any changes, as these updates are binding on you.

 

21.3 By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use Service.

 

21.4 No waiver by Englisch Coach Studio of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Englisch Coach Studio to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

 

21.5 If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

22. Cookie Policy

22.1 Our website uses cookies to enhance your browsing experience and provide personalised services. By using our website, you consent to our use of cookies in accordance with this policy.

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What are cookies?

Cookies are small text files stored on your device when you visit our website. They help us recognise your device and remember your preferences.

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22.2 Types of cookies we use:

  1. Strictly Necessary Cookies: Essential for the website to function properly.

  2. Analytical/Performance Cookies: Help us understand how visitors use our site.

  3. Functionality Cookies: Remember your preferences for a better user experience.

  4. Targeting Cookies: Deliver more relevant content and advertisements.

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Your choices:

22.3 You can manage cookie preferences through your browser settings. However, disabling certain cookies may affect website functionality.

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Changes to this policy:

22.4 We may update this Cookie Policy periodically. Please check this page for the latest information. For more details on our data practices, please refer to our Privacy Policy.

23. Data
Protection

Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

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How we use your Personal Information

23.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

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23.2 We may use your personal information to:

23.2.1 Provide Our Services to you;

23.2.2 Process your payment for the Services; and

23.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

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Data Sharing with Third Parties

23.3 By using our services, you acknowledge that your personal data may be shared with third-party service providers, including but not limited to Wix, which hosts our website. Your use of our services is also subject to the terms and conditions set forth by Wix, which govern their handling of your data. For more information on how your data is processed by Wix, please review their Terms of Use.

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23.4 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

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23.5 We will not pass on your personal information to any other third parties without first obtaining your express permission.

24. Analytics

24.1 We may use third-party Service Providers to monitor and analyse the use of our Service.

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24.2 Google Analytics

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Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

 

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

 

We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

25. Communication

25.1 By using our Service, you agree to receive communications from us, including emails, text messages, and push notifications related to your account, service updates, and promotional offers.


25.2 You can opt--out of promotional communications at any time by following the unsubscribe instructions provided in the communication or by contacting us directly.

26. Content

Content found on or through this Service are the property of Englisch Coach Studio or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

27. Intellectual Property

27.1 The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Englisch Coach Studio and its licensors. The Service is protected by copyright, trademark, and other laws of Austria, the European Union, and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Englisch Coach Studio.

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27.2 All content displayed on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, as well as any program-related content (collectively referred to as “Intellectual Property”), is the sole property of Englisch Coach Studio and is protected by international copyright, trademark, and other intellectual property laws. Unauthorised use, reproduction, modification, distribution, transmission, or display of this Intellectual Property is strictly prohibited. Any breach of these terms regarding our Intellectual Property will result in immediate termination of your access to our Services or System and may result in legal action under civil and/or criminal law.

 

This is not a matter to be taken lightly. Respect for intellectual property is not merely a clause in our agreement but a commitment we expect from all our users.

28. Links to Other Websites

28.1 Our Service may contain links to third party web sites or services that are not owned or controlled by us.

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28.2 Englisch Coach Studio has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

28.2.1 YOU ACKNOWLEDGE AND AGREE THAT Englisch Coach Studio SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

 

 

 

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

29. Limitations of Liability

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if Englisch Coach Studio has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of Englisch Coach Studio, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.

30. Waiver & Severability

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

31. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond our control.

32. Disclaimers

32.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

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32.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

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32.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

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32.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

33. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

34. Governing Law

34.1 These Terms shall be governed and construed in accordance with the laws of the European Union without regard to its conflict of law provisions.

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34.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

35. Assignment

Englisch Coach Studio may assign or transfer these Terms, in whole or in part, without restriction. Users may not assign or transfer any rights to use the Services or these Terms without prior written consent from Englisch Coach Studio.

36. Entire
Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Englisch Coach Studio and you in relation to your use of this Website, except where explicitly stated otherwise. In the event of any conflict between these Terms and any subscription--specific terms, the subscription-specific terms shall prevail with respect to that subscription service.

37. Final Provisions

37.1 This contract and all claims arising from it shall be governed by the laws of the Republic of Austria. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. The same applies to the referral norms of Austrian international private law.

37.2 However, the statutory provisions on the restriction of the choice of law vis-à-vis consumers shall remain unaffected. Accordingly, the choice of law shall only apply insofar as this does not deprive the customer of the protection afforded by mandatory provisions of the law of the customer's country of habitual residence (favourability principle).

37.3 Contractual language is German.

37.4 Should individual provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof.

Contact
Information

Please send your feedback, comments, requests for technical support:

 

By email: tania@englischcoachstudio.com

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These Terms and Conditions are effective as of November 2, 2024

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