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TERMS AND CONDITIONS

25.11.2021


Welcome to sozonli.com!

This agreement (the “Agreement”) represents the entire contract between you (the “Customer”) and your tutor Josiane Sozonli, Schifferstraße 10, 60594 Frankfurt (the “Tutor”, “they“, “SOZONLI”) with respect to the above mentioned site(s) (the “Site”) and, if applicable, the fee-based subscription services therein. By visiting, becoming a customer of, purchasing a gift subscription from, or subscribing to SOZONLI, you agree, without qualification, to be bound by the terms and conditions (the “Terms”) of use set out below.

 

1.    Acceptance of the Terms

2.    Scope of Terms

3.    General Requirements

4.    Booking and Scheduling

5.    Rescheduling Policy

6.    Cancellation and Attendance Policy

7.    Intellectual Property Rights

8.    Prices and Terms of Payment

9.    Access and Interference

10.  Indemnification

11.  Miscellaneous

 

 

 

1.        Acceptance of the Terms

1.1.     By using the information, tools, features and functionality located on www.sozonli.com (together the “Service” or the “Services”), you agree to be bound by this Agreement and the Terms, whether you are a “Visitor” (which means that you simply browse the SOZONLI website) or you are a “Customer”. The term “you” or “User” refers to a Visitor or a Customer. The term “Material” refers to all class materials used in your Tutor’s classes. If you wish to become a Customer, communicate with other Customers and/or make use of the Service, you must read this Agreement and indicate your acceptance during the registration process.

1.2.     If you do not agree with all the Terms, do not use the Site and SOZONLI’s Services.

1.3.     Please review all of the Terms carefully before using the Site.

1.4.     By using the Site, you agree to be bound by the Terms and confirm that you are over the age of 16 and able to form legally binding contracts.

 

2.          Scope of Terms

2.1.     These Terms shall govern each ordering document and any online or email ordering process by which the Customer (a consumer within the meaning of § 13 of the German Civil Code) affirmatively registers or otherwise signs up for the Services, which may include subscription services (each an “Order”). The terms and conditions of each agreed Order shall incorporate these Terms.

2.2.     These Terms shall also apply to future contracts between the Tutor and the Customer without the Tutor being required to refer to them in each individual case. These Terms shall be deemed to be confirmed by Customer at the latest when Customer accesses the Services.

2.3.     These Terms apply to the exclusion of all others. Different, conflicting or supplementary terms of business of Customer shall only become part of an Order if and to the extent that the Tutor has consented to their application in writing.

2.4.     Where the expressions ‘in writing’, ‘written form’ or variations thereof are used in these Terms, this shall mean ‘in writing’ within the meaning of § 126 of the German Civil Code. The electronic exchange of copies of documents signed by hand as well as documents signed with a simple electronic signature (such as provided by e.g. DocuSign or Adobe Sign) shall be sufficient. Unless expressly stated otherwise in these Terms, simple emails shall not be sufficient.

2.5.     Any notices and declarations submitted by Customer to the Tutor, including but not limited to notices of termination or setting of deadlines, shall be made at least in text form within the meaning of § 126b of the German Civil Code to be valid (for greater clarity: simple email to be sufficient) if not stated otherwise in these Terms.

2.6.     References herein to the application of statutory provisions shall be for clarification purposes only. Consequently, statutory provisions shall apply even without such clarification, provided that they are not directly amended by or expressly excluded in these Terms.

 

 

3.          General Requirements and "Allocation Period"

3.1.     Course participants must be at least 18 years of age.

3.2.     The Tutor shall provide Paid Services to Customer allowing Customer to participate in language training sessions with the Tutor in an online live stream, in one-to-one sessions or in group sessions (collectively “Virtual Classroom”), subject to the additional provisions of this Clause 3. Virtual Classroom Services are services within the meaning of § 611 German Civil Code.

3.3.     Virtual Classroom Services are delivered on a “class credit basis”, giving you access to the stated amount of group classes and/or private classes that your language plan offers. One Credit equals one Virtual Classroom Session. If not used, any Credits (including the right to attend a Virtual Classroom session) shall expire as of termination or expiry of the relevant Order.

3.4.     Credits expire thirty-five (35) days after the starting date of the purchased plan (this period is hereafter referred to as

“Allocation Period”). Expired Credits will not be refunded and no interest shall accrue on them.

3.5.     Virtual Classroom Services are provided via web browser. The Customer shall be responsible for fulfilling the Tutor’s additional Equipment requirements.

3.6.     The Tutor’s Virtual Classroom Services comprise, but are not limited to, the scopes “Starter” (12 Virtual Classroom sessions), “Routine” (24 Virtual Classroom sessions), and “Fast Track” (36 Virtual Classroom sessions).

4.          Booking and Scheduling

SOZONLI believes in the quality of their product. Plans and Virtual Classroom sessions are therefore delivered on a non-subscription base. Plans do not automatically extend, thus providing you with the option to pause your learning journey and pick up at a more convenient time for you.

4.1.     To purchase a plan (package of several Virtual Classroom sessions), Customer must access the Tutor’s online platform located at a web address provided by the Tutor (“Online Platform”).

4.2.     To schedule a Virtual Classroom session (“Bite”) Customer must access the Tutor’s online scheduling platform located at a web address provided by the Tutor (“Calendly”).

4.3.     Plans and Bites are non-transferable.

4.4.     Virtual Classroom sessions can be scheduled up to twelve (12) hours prior to session begin by the Customer.

4.5.     Each scheduling request made by Customer via Calendly is subject to availability of the Tutor at the requested time. Upon confirmation of the booking request, the Virtual Classroom session shall become binding on the Tutor and Customer.

4.6.     The Tutor shall be free to determine the specific contents and/or design of any Virtual Classroom session at their own discretion. However, they will use commercially reasonable efforts to accommodate any requests from Customer on the specific contents and/or design of a session.

4.7.     The Tutor reserves the right to appoint an equally qualified language teacher at any time before the start of a Virtual Classroom session without giving reasons.

 

5.          Rescheduling Policy

5.1.     The Customer may reschedule any Virtual Classroom session without giving reasons.

5.2.     Virtual Classroom session can be rescheduled to a new date and time within the Allocation Period.

5.3.     Virtual Classroom sessions must be rescheduled at least six (6) hours before their scheduled starting time.

5.4.     If Customer reschedules a Virtual Classroom session less than six (6) hours before its scheduled starting time, all respective Credits shall be used up in full and shall not be refundable.

5.5.     In order to be effective, any cancellation of a Virtual Classroom session must be made by using the option button “Reschedule” at the bottom of the Calendly confirmation e-mail that is sent after a session has been scheduled.

 

6.          Cancellation and Attendance Policy

6.1.     The Customer may cancel any Virtual Classroom session at any time without giving reasons.

6.2.     If Customer cancels a Virtual Classroom session at least six (6) hours before its scheduled starting time, no Credits shall be used up for the relevant session.

6.3.     If Customer (a) cancels a Virtual Classroom session less than six (6) hours before its scheduled starting time, or (b) does not attend a Virtual Classroom session in whole or in part, all respective Credits shall be used up in full and shall not be refundable.

6.4.     In order to be effective, any cancellation of a Virtual Classroom session must be made by using the option button “Cancel” at the bottom of the confirmation e-mail that is sent after the respective Virtual Classroom session has been scheduled.

6.5.     In case of non-attendance, delayed arrival, early departure or withdrawal from a course, or any other absences (e.g. due to illness), there is no claim to reimbursement of the course fees or transfer to another person.

6.6.     The Tutor may cancel any Virtual Classroom session without giving reasons up to six (6) hours before its scheduled starting time. In the event of illness of the Tutor, force majeure or other unforeseeable events beyond the Tutor’s control, the Tutor may cancel any Virtual Classroom session less than six (6) hours before its scheduled starting time. In each case described in this Clause 6, the Tutor shall be released of its obligation to provide the respective Virtual Classroom Services.

 

7.          Intellectual Property Rights

7.1.     Any training material provided by the Tutor and/or a substitute language teacher in connection with Virtual Classroom Services, including, but not limited to, content, text, images, software, audio and video files, documentation, emails and the Site may only be used by Customer for the purpose of personal training preparation and follow-ups as well as for personal information purposes. Materials may not be duplicated, sublicensed, translated, processed, distributed or used for public reproduction without the prior express written consent of SOZONLI.

7.2.     Video and/or audio recordings of Virtual Classroom sessions by the Customer or other permitted users is prohibited.

 

8.          Prices and Terms of Payment

8.1.     The price list for courses in effect at the time of enrollment is an integral part of the contract.

8.2.     The course fee is payable in full to the account given on the invoice at the payment deadline shown in the invoice. The payment date is defined as the date at which the payment is credited to the institute account specified in the enrollment confirmation. The money transfer must indicate the billing number.

8.3.     If SOZONLI does not receive full payment of the course fees by the due date, the participant will no longer be entitled to the services booked.

8.4.     All fees are exclusive of any applicable VAT or taxes, interest or installment fees charged by the credit card company, or other fees associated with connecting to the Internet. All bank charges related to the payment of the course fee shall be borne by the course participant.

8.5.     After initial enrollment, if your credit card expires, is cancelled, is lost, or rendered invalid, your subscription is in danger of termination. You will be contacted and given the opportunity to change your registration data. If your credit card is not successfully recharged and you are not renewed successfully, your subscription will be terminated.

 

9.          Access and Interference

You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Sozonli.com or any portion of Sozonli.com, without SOZONLI’s express written consent, which may be withheld in SOZONLI’s sole discretion;

  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Sozonli.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);

  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Sozonli.com or the Service;

  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Sozonli.com or the Service. Please be aware that your carrier’s normal rates and fees, such as text messaging fees, will apply when accessing Sozonli.com with your portable devices.

 

10.        Indemnification

You agree to indemnify, defend and hold harmless SOZONLI and its affiliates, partners, suppliers, and employees from any and all liability, claims, costs, or damages arising from your use of the Site or your breach of this Agreement and any of the Terms set out herein.

 

11.        Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if SOZONLI does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which SOZONLI has the benefit of under any applicable law), this will not be taken to be a formal waiver of SOZONLI’s rights and that those rights or remedies will still be available to SOZONLI.

All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and the Tutor regarding the subject matter of the same and supersedes all other previous agreements.

If you have any questions about this policy statement, or about any of SOZONLI’s other policies and practices, please contact us on the contact details laid out on www.sozonli.com.

www.sozonli.com and related services are, if not otherwise specifically mentioned, supplied by:

Josiane Sozonli
Schifferstraße 10
60594 Frankfurt
Germany

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