Terms and Conditions

These terms and conditions outline the rules and regulations for the use of Fluentella’s Website.  

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Fluentella’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions and our Privacy Policy and any or all Agreements:

• “Client”, “You” and “Your” refers to you or your child, the person accessing this website and accepting the Company’s terms and conditions.
• “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company.
• “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

PART 1: ACCURACY OF INFORMATION:

Whilst every effort is made to update the information contained on this website, neither Fluentella nor any third party make any representations or warranties and shall not be bound in any manner by any information contained on the website. The content of this site is to be used for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.

PART 2: YOUR INFORMATION

Your email and personal information will not be sold to or shared with any third parties. When you register on the website – for any type of lesson whatsoever – your email and contact information will be stored on our data system. This information will be used to contact you with regards to your lessons, general notifications from Fluentella and to inform you of promotions. Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy click here. By making use of our services, you consent to us gathering certain information from you, in order to process your order and for you to become a student of Fluentella..

For the purposes of placing your order and scheduling lessons, we use a secure third party payment provider (www.simplybookme.com) who will handle transaction information via PayPal, which is one of the world’s most secure, best-known and most reliable payment systems. 

You may request for us to delete your customer information at any time, by contacting us. Please review our Privacy Policy for more information about what we do with your information.

PART 3: LICENCE

Unless otherwise stated, Fluentella owns the intellectual property rights for all material on Fluentella’s website and social media accounts, including Fluentella’s logo and other graphics associated with the company. All intellectual property rights are reserved. You may view and/or print pages from https://www.fluentella.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

• Republish material from https://www.fluentella.com as your own
• Sell, rent or sub-license material from https://www.fluentella.com
• Reproduce, duplicate or copy material from https://www.fluentella.com for commercial use
• Redistribute content from Fluentella (unless content is specifically made for redistribution).

PART 4: USER COMMENTS

Certain pages on this website allow users to post and exchange opinions, information, material and data (‘Comments’). Fluentella does not screen, edit, publish or review Comments prior to their appearance on the website. Comments reflect the view and opinion of the person who posts such view or opinion, not that of Fluentella. To the extent permitted by applicable laws Fluentella shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

However, Fluentella reserves the right to remove any Comments which it considers in its discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

You hereby grant to Fluentella a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

You warrant and represent that:

• You are entitled to post the Comments as a person of age on our website and have all necessary licenses and consents to do so;
• The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

PART 5: DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury resulting from negligence;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

(a) are subject to the preceding paragraph;

(b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Governing Law: These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

PART 6: TEACHERS

All educators working with Fluentella are independent contractors. This Website is not legally liable for the actions taken by the independent contractors. If you would like to report any incidents that occurred with one of the teachers on this Website, please contact us immediately at hello@fluentella.com.

PART 7: LESSONS

Time spent in your online classroom with your teacher will not be recorded by us to be made available to you for any reason. It is your responsibility to use your time with your teacher wisely.  

If a student is late, a reminder email will be sent to the parent or the student.  The Teacher will wait in the online classroom for you for the whole duration of the lesson (from the start time of the class until the end).

If the student does not attend the lesson at all without cancelling it, the lesson will be considered complete and no refund will be given for non attendance.  

Occasionally your Teacher may have an unavoidable emergency or illness that could result in them having no option other than canceling your lesson. You will be notified via email as soon as possible. You as the Student will not be charged for these cancelled classes by the teacher and you are free to re-book your class or classes at a time when the Teacher is available once more.

Cancellations:

If you decide to stop attending your lessons while you still have incomplete ones, no refunds will be given. Refunds are at the sole discretion of Fluentella. Whatever amount is left after the cancellation is automatically forfeited.

Once you have purchased a lesson(s), you may reschedule or cancel it 24 hours before the planned starting time. Contact our administrator at hello@fluentella.com or your teacher to help you reschedule your lessons.

No lesson may be cancelled or refunded later than 24 hours before it is scheduled to start. If a lesson is missed by the client for whatever reason, it will not be refunded or rescheduled. It will be considered a completed lesson.

PART 8: THIRD PARTY TERMS OF USE:

Certain features of our services or website may utilize the services of third-party vendors, which services may include software, information, data or other services. Some of these vendors require Users who utilize such features to agree to additional terms and conditions.

The following third-party vendors have additional terms and conditions you need to be aware of. Your uses of such features constitute your agreement to be bound by these additional terms and conditions. These third party terms are subject to change at such third party’s discretion.

Please click on any of the following links to familiar yourself with the additional terms and conditions imposed by the following third-party vendors regarding use of their services:

https://www.paypal.com/za/webapps/mpp/ua/legalhub-full

https://simplybook.me/en/terms-and-conditions

These third-party websites are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites.

PART 9: USE OF INFORMATION

Fluentella conducts our business in accordance with South African legislation applicable to our business. One aspect of such legal compliance relates to data protection. We value the privacy of your information and will protect your personal information in accordance with laws and regulations. This includes the Protection of Personal Information Act no 4 of 2013 (POPIA).

 By using the website, you acknowledge, agree, and consent to our and our suppliers, or any person authorized on our behalf, using your personal information, for any purpose necessary for you to use the website, or for us to render any service to you via the website.

PART 10: GOVERNING LAW

These Terms shall be governed in accordance with the laws of the Republic of South Africa, and you hereby submit to the jurisdiction of the South African courts. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a competent court in the Republic of South Africa, then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Comments or queries:

If you have any queries, feedback or concerns arising from the website, the privacy policy or the way in which we are handling your personal information. please contact us at hello@fluentella.com.