Terms and Conditions
The operator of https://polytongue-academy.com website and service provider is POLYTONGUE ACADEMY SAS, whose details are set out in the Legal Notice of this website.
POLYTONGUE ACADEMY SAS offers a platform that connects language teachers with registered users for the provision of language teaching services. Including courses and conversation classes.
1. Parties to the contract
The following terms and conditions of use (« Terms ») of POLYTONGUE ACADEMY SAS govern the contractual relationship between POLYTONGUE ACADEMY SAS and registered individual Users.
By using the Site and/or the Services, the User warrants and represents that he/she has sufficient capacity to bind him/herself in accordance with the law applicable to his/her place of residence or nationality.
In the case of minor users of the service, it is their legal representative who guarantees that they have such power to dispose of and be bound by these Terms and Conditions on their behalf and who assumes the obligations arising from this contract.
The rights and/or credits contracted by the User shall not be transferable to a third party unless POLYTONGUE ACADEMY SAS expressly agrees to the transfer.
2. Formalisation of the contract of use
The contract between the interested party and POLYTONGUE ACADEMY SAS is formalised only through the action of Registration on the Website and after express acceptance of these Terms.
Procedure for the formalisation of the Contract of Use
The formalisation of the contract of use with POLYTONGUE ACADEMY SAS shall be carried out in the following manner.
The User of the Academy service requests the formalisation of a contract of use of the Website by completing, confirming and sending the registration form. The system will collect this registration and will send a confirmation generated automatically by the system to the e-mail address indicated.
By sending the link, a contract will be formalised between POLYTONGUE ACADEMY SAS and the User for the use of its services.
In order to use the services, registration is required by filling in all the data requested on the registration page, creating a username and password.
Only persons of full legal age and with full capacity to be bound by the terms required for this purpose by the legislation in force applicable to the case may register. In the case of minors, they must send an e-mail with the express authorisation of their guardian.
By using the Site and/or the Services, the User guarantees and declares that he/she has sufficient capacity to be bound in accordance with the legislation applicable to his/her place of residence or nationality.
Use of the Websites by Users
The User, who will acquire such status following the procedure described in the Contract of Use of these Terms, may subscribe to the services offered by POLYTONGUE ACADEMY SAS under the terms detailed below in this contract by paying the Fees.
The User is solely responsible for the confidentiality of the User’s username and password. Thus, he/she will be fully responsible for any use made of the service provided by POLYTONGUE ACADEMY SAS by means of access with his/her username and password.
POLYTONGUE ACADEMY SAS may restrict or prevent access to the services without prior notice if:
· The user uses the service for illegal or criminal purposes.
· There is suspicion of unauthorised use of username or password.
· For non-payment or chargeback of a subscription.
· For fraudulent or abusive use in the acquisition of trial classes.
3. Use of the website for Users: Conditions, fees, payment terms and penalties.
Conditions of service
The service will be provided by qualified teachers of the language requested by the User from among those offered by POLYTONGUE ACADEMY SAS.
Users will pay for hours or credits of classes with one teacher and will benefit from a variety of resources to progress in the language learned.
Such hours or credits will be valid for one year, so that if after this period the credits have not been used, the User accepts that he/she loses the right to use them and expressly waives any claim for the restitution of the amounts corresponding to credits not used within this period.
Provision of the service
Once the subscription has been paid, the User acquires the right to a credit that can be used at the time that suits him/her best, depending on the availability of teachers at the time requested by the User.
Once the User has requested information, POLYTONGUE ACADEMY SAS will provide this information and assign a teacher.
The classes will be booked by the user directly with the teachers.
The User expressly acknowledges the impossibility of POLYTONGUE ACADEMY SAS to monitor the classes, both for technical reasons and for reasons derived from the due policy of strict compliance with the regulations relating to Data Protection.
Cancellation of appointments in the event of incidents
Both parties, POLYTONGUE ACADEMY SAS and the user, may cancel the appointment without penalty with a minimum of 24 hours’ notice.
In the event of a cancellation 24 hours before the class, the first hour of the class will be charged.
The form of cancellation of the appointment:
For the User, by contacting the teacher directly or by sending an email to email@example.com
For POLYTONGUE ACADEMY SAS, by contacting the User directly.
The User agrees to be connected at the date and time at which he/she booked the lesson. In the event that the student is not punctual, the teacher will not be obliged to make up the time during which the student was absent.
The class will be considered to have been given in any case and the service provided if, after 10 minutes for 30-minute classes or 15 minutes for one-hour classes from the agreed time, the student has not appeared in the form required for the service.
If, when the class time arrives, the teacher is not available or connected, the User is obliged to send an email to the email address firstname.lastname@example.org at the same time notifying the incident.
Cancellation due to force majeure or incident:
In the event that the User fails to attend one of the classes booked due to an incident or force majeure of an exceptional nature, the User undertakes to notify POLYTONGUE ACADEMY SAS by e-mail, as soon as possible, mentioning the reasons and circumstances that prevented the User from attending the class and to provide as much evidence as he/she may have.
If the circumstance or incident is verified by POLYTONGUE ACADEMY SAS, after consultation with the TEACHER, the student will be reinstated the credits corresponding to the class not taught.
In the event of non-appearance of the teacher due to an incident or force majeure, POLYTONGUE ACADEMY SAS will inform the User of the reasons given by the teacher for the non-appearance.
The prices to be paid by the User to access the services are determined according to the plans or hours contracted and according to the duration of the classes.
The specific amounts to be paid will be those detailed on the portal’s Fees page at the time the credits are purchased, or the ones communicated from POLYTONGUE ACADEMY SAS to the customer.
The modification of the Fees page will not affect the credits in force and not consumed by the User.
Terms of payment
Payment for the services offered shall be made prior to the booking of classes and the provision of the service.
POLYTONGUE ACADEMY SAS offers the following forms of payment for the use of the service.
· Credit card (Visa, Mastercard, AMEX).
Content included by Users
The texts, music, images, drawings or graphic, artistic and intellectual manifestation introduced by the users will be under their sole and exclusive responsibility.
Given the nature of the service, it is impossible for POLYTONGUE ACADEMY SAS to control the contents entered by Users, and the User acknowledges this by accepting these Terms. The User expressly assumes any liability of any kind arising from the elements introduced by him/her in the templates.
The User expressly acknowledges that POLYTONGUE ACADEMY SAS only provides an instrument in which the elements entered by the User shall be the User’s absolute and total responsibility and that it is impossible for POLYTONGUE ACADEMY SAS to control them.
Offer of a free trial lesson
POLYTONGUE ACADEMY SAS, in its intention to raise awareness of its service, may offer the possibility of access to a free trial lesson to new students without any obligation or commitment on the part of the User.
Each person will only be able to enjoy one free trial lesson of the service. The student’s no-show or any technical problem occurring during the class does not generate the right to a new free class unless expressly stated otherwise by POLYTONGUE ACADEMY SAS.
4. Contractual obligations of users
Users are obliged to protect the access data to the websites against unauthorised use by third parties. The access data, in particular the password, may not be disclosed, transferred or passed on under any circumstances. The User shall be liable for any unauthorised conduct made possible by the improper or illegitimate use of his access data for the use associated with POLYTONGUE ACADEMY SAS services due to negligent, culpable or wilful misuse of his access data by the User in the custody of his access data.
If the User becomes aware that his/her access data has been disclosed to third parties, he/she shall be obliged to change his/her password immediately. If this is not possible, they must inform POLYTONGUE ACADEMY SAS immediately.
During the registration process, the User is required to provide an e-mail address and an address at which he/she can always be reached. The User accepts the use of this e-mail address as the address for notifications within the framework of his relationship with POLYTONGUE ACADEMY SAS.
The User’s valid e-mail address is exclusively the last one communicated to POLYTONGUE ACADEMY SAS. In the event of a change of this address, the User is obliged to immediately provide POLYTONGUE ACADEMY SAS with a new e-mail address. The User shall be liable for any effect or damage caused by a possible absence of notification to the new e-mail address.
The User undertakes not to use or forward to mechanisms, software or other scripts in connection with the use of the websites that could endanger, damage or destroy the functionality or availability of the platform. And in particular contributions containing viruses, or which are pyramid schemes, mass e-mails (« spam »), chain mail or paralyse the services of the Websites.
The User undertakes not to modify, overwrite or delete any content created or managed by POLYTONGUE ACADEMY SAS or any other User or Professional.
The registered User expressly assumes the costs for providing the technical means necessary to use POLYTONGUE ACADEMY SAS services, and in particular the hardware, the necessary software (e.g. Internet browser) and telecommunications services and for the transmission of data.
POLYTONGUE ACADEMY SAS does not guarantee the compatibility of its services with the individual hardware and software equipment of the user.
5. Intellectual Property.
Ownership of POLYTONGUE ACADEMY SAS
POLYTONGUE ACADEMY SAS is the owner of the intellectual and industrial property rights of the Website, and is also the owner or has the corresponding licence over the intellectual, industrial and image property rights of all the contents available through the Website.
Under no circumstances shall it be understood that access, browsing or use of the service by the User implies a waiver, transmission, licence or total or partial transfer of said rights by POLYTONGUE ACADEMY SAS.
The user expressly acknowledges that the use of the service that is the object of the contract shall not generate the transfer of any industrial or intellectual property right whatsoever, nor does it grant this user any licence over the contents owned by POLYTONGUE ACADEMY SAS outside of what is proper to the service and with the limits established in section 4 of these Terms.
Prohibition of availability
Consequently, it is prohibited to omit, evade or manipulate the copyright notice and any other data identifying the rights of POLYTONGUE ACADEMY SAS, as well as the technical protection devices, digital fingerprints or any information and/or identification mechanisms that may be contained in the contents.
It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent copies, upload files, send by mail, transmit, use, process or distribute in any way all or part of the contents included in the Website outside the use that is proper to the service provided by POLYTONGUE ACADEMY SAS without the express written authorisation of POLYTONGUE ACADEMY SAS.
The use of the service does not give rise to any intellectual or industrial property rights over the same on the part of the User.
Use of the Website
It is expressly prohibited:
· The publication of any material contained on this Website in any medium, as well as its sale, rental, exhibition, reproduction, copying or any other form of
· The publication of any material contained on this website in any medium, or the sale, rental, display, reproduction, copying or any other form of exploitation of material contained on the site for commercial purposes.
· Edit or modify any material on the Site;
· Use the Site in any way that causes, or may cause, its availability or accessibility.
· Use the Site or its services as a means of copying, storing, , hosting, transmitting, sending, using, posting or distributing any material which consists of or is linked to any viruses or malicious code.
· Conduct any systematic and automated data collection activities on or in relation to the Site without the express written consent of POLYTONGUE ACADEMY SAS.
Ownership of the Teacher
The User expressly acknowledges that the use by the teacher during lessons of media such as books, drawings, pictures, videos or any other content subject to intellectual property rights does not imply any transfer or licence of such rights in favour of the student.
Likewise, the User acknowledges that the TEACHER is solely responsible for the use of such elements, exempting POLYTONGUE ACADEMY SAS from any claim in this regard.
6. POLYTONGUE ACADEMY SAS’s services, availability of the websites
Without prejudice to the generality of the foregoing, POLYTONGUE ACADEMY SAS cannot guarantee that:
· Website or the Services will be constantly available, or available at all; or
· That the transmission of data to or from the Site will be at a minimum speed.
7. POLYTONGUE ACADEMY SAS’s liability, limitations of liability
POLYTONGUE ACADEMY SAS’s sole function is to provide an intermediary service between teachers and Users. Therefore, both parties – POLYTONGUE ACADEMY SAS and Users – expressly acknowledge that POLYTONGUE ACADEMY SAS’s activity and responsibility is limited to the correct provision of the service offered.
The use of the POLYTONGUE ACADEMY SAS Website or the services it provides is at the User’s own risk. Given the circumstances of the environment and the medium, POLYTONGUE ACADEMY SAS, despite having taken all reasonable measures to ensure it, cannot absolutely guarantee that the content associated with the service is free of errors or that the use of such material does not infringe the rights of third parties. Nor can POLYTONGUE ACADEMY SAS absolutely guarantee that the functional aspects of the Site will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. POLYTONGUE ACADEMY SAS reserves the right to correct any errors on its Site.
If the User’s use of the Site or the results of other content or services results in the need to repair or replace goods, materials, equipment or data, or causes injury to persons or damage to property, the Company shall not be liable for any costs incurred.
The user shall at the same time take such protective measures on their equipment as are generally considered appropriate.
8. Changes to the Terms and Conditions
POLYTONGUE ACADEMY SAS reserves the right to change or extend these terms and conditions at any time in the future. Any such changes or additions will, at POLYTONGUE ACADEMY SAS’s option, either be posted on the Website or communicated by email individually to each registered User at the email address registered at the time of the changes.
If the User does not expressly object to the changes or extensions within one month, the changes or extensions shall be deemed to have been accepted.
9. Penalties, termination, revocation and refunds
POLYTONGUE ACADEMY SAS reserves the right, while respecting the rights and legitimate interests of the User, when there are indications of an infringement on its part against the laws in force, the rights of third parties or violation of the obligations arising from these Terms and Conditions, to:
· to warn Users to cease the harmful activity.
· restrict the use of the Websites.
· extraordinary termination and definitive closure of the User’s account.
· Termination of the agreement on the use
a) Extraordinary termination and account closure by POLYTONGUE ACADEMY SAS
POLYTONGUE ACADEMY SAS reserves the right to terminate the agreement with the User on an extraordinary basis and prevent access to the Websites in case of violation by the User of any of the provisions of these Terms and Conditions, as well as when:
· provides false contact details, in particular a false or incorrect e-mail address.
· maintains offensive, denigrating, aggressive, threatening or disrespectful attitudes towards teachers.
· transfers or assigns your account to another User.
· damages or causes harm to other Users,
· harms POLYTONGUE ACADEMY SAS’s reputation or public image.
· engages in illegal or offensive activities, statements or opinions, or includes illegal or offensive content.
· engages in any activity that is deemed inappropriate for POLYTONGUE ACADEMY SAS’s operations.
· non-payment or refusal to charge your account or card.
· In the event of termination and cancellation of the account by POLYTONGUE ACADEMY SAS in the terms indicated, the User subject to this penalty is not entitled to the recovery of the blocked account. In this case, it is forbidden to access or re-register on the websites, even if it is through other accounts or other user names.
b) Termination of the contract by the user and refunds
The User may terminate the contract at any time and without giving any reason.
Upon exercise of this right of unilateral termination by the User, POLYTONGUE ACADEMY SAS will proceed to refund the classes or credits paid that have not been taken yet.
c) Termination of the contract by POLYTONGUE ACADEMY SAS
POLYTONGUE ACADEMY SAS may at any time terminate the contract in force with any User.
In this case, POLYTONGUE ACADEMY SAS will pay the User the amount corresponding to the credits or classes that have not been used by the User.
Notification of the termination of the contract in force by POLYTONGUE ACADEMY SAS shall be made in writing to the User’s e-mail address for notifications.
In the event of unilateral termination of the contract, POLYTONGUE ACADEMY SAS shall refund the amounts paid by the User that have not been used.
10. Form of cancellation of a contract
The cancellation by the User must be in writing by email sent from the email address registered in the User’s POLYTONGUE ACADEMY SAS account.
Cancellation by POLYTONGUE ACADEMY SAS may be in writing by e-mail to: email@example.com
11. Applicable law and jurisdiction, invalidity
The contract contained in these Terms and Conditions is subject to Colombian Law.