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Terms and Privacy

1. Terms and Conditions

Agreement between user and SchoolofESL.com

Welcome to SchoolofESL.com. The SchoolofESL.com website (the “Site”) is comprised of various web pages, online applications and audio materials operated by School of ESL. SchoolofESL.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of SchoolofESL.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

SchoolofESL.com is an E-commerce and E-learning Site.

SchoolofESL.com provides resources for learning the English language online. Users can purchase a membership or course, which provides an expanded list of functions and features of the site. Membership or online courses can be purchased as a one-time payment, or a recurring payment. School of ESL retain all copyright for all resources downloaded.

 

Privacy

Your use of SchoolofESL.com is subject to School of ESL’s Privacy Policy Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. See below.

 

Electronic Communications

Visiting SchoolofESL.com or sending emails to School of ESL constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that School of ESL is not responsible for third party access to your account that results from theft or misappropriation of your account. School of ESL and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

School of ESL does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use SchoolofESL.com only with permission of a parent or guardian.

 

Cancellation/Refund Policy

You can cancel your account with SchoolofESL.com at any time. To do so, just login to your account and go to the ‘My Account’ page, then click the ‘Cancel Membership’ link. We offer full refunds for any membership purchase, as long as the cancellation is made within three (3) days of the most recent membership payment. To ensure that a refund is made, you should send an email to schoolofesl@gmail.com, notifying us of your recent cancellation.

 

Links to Third Party Sites/Third Party Services

SchoolofESL.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of School of ESL and School of ESL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. School of ESL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by School of ESL of the site or any association with its operators.

Certain services made available via SchoolofESL.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the SchoolofESL.com domain, you hereby acknowledge and consent that School of ESL may share such information and data with any third party with whom School of ESL has a contractual relationship to provide the requested product, service or functionality on behalf of SchoolofESL.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use SchoolofESL.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to School of ESL that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of School of ESL or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. School of ESL content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of School of ESL and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of School of ESL or our licensors except as expressly authorized by these Terms.

In some instances, images such as illustrations or photos are used in the Site which School of ESL do not own full copyright, owners of the copyright were sort for permission for use. In cases ofcopyright infringement, School of ESL will endeavor to rectify lawful use and attain full permission from the owner.

 

International Users

The Service is controlled, operated and administered by School of ESL from our office in New Zealand. If you access the Service from a location outside New Zealand, you are responsible for compliance with all local laws. You agree that you will not use the School of ESL content accessed through SchoolofESL.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless School of ESL, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. School of ESL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with School of ESL in asserting any available defences.

 

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SCHOOL OF ESL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SCHOOL OF ESL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SCHOOL OF ESL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCHOOL OF ESL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SCHOOL OF ESL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

School of ESL reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of New Zealand and you hereby consent to the exclusive jurisdiction and venue of courts in New Zealand in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and School of ESL as a result of this agreement or use of the Site. School of ESL’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of School of ESL’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by School of ESL with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and School of ESL with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and School of ESL with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wishto the parties that this agreement and all related documents be written in English.

 

Changes to Terms

School of ESL reserves the right, in its sole discretion, to change the Terms under which SchoolofESL.com is offered. The most current version of the Terms will supersede all previous versions. School of ESL encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

 

School of ESL welcomes your questions or comments regarding the Terms.

Email Address: schoolofesl@gmail.com

Effective as of May 12, 2017

2. Privacy Policy

Our most important asset is our relationship with you, and we want you to feel comfortable and secure when using our Website. Please be assured that we are serious about the protection of your personal information.

SchoolofESL.com (“we”, “us” or “our”) values your privacy and is committed to protecting and securing your personal information. This Privacy Policy describes how and when SchoolofESL.com collects, uses and shares your information when you use our Services. This Privacy Policy applies to our website SchoolofESL.com (the “Site”).

By using our and/or purchasing a Membership or course you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Irrespective of which country you reside in or supply information from, you authorize SchoolofESL.com to use your information in New ZEaland and any other country where SchoolofESL.com operates as described herein. Accordingly, please be sure to read this Privacy Policy before using the Services or submitting information to us.

If you have any questions or comments about this Privacy Policy, please contact us at schoolofesl@gmail.com.

 

INFORMATION COLLECTION AND USE

The information we collect from you enables us to fulfill your requests for our services (such as purchasing a site membership, or course); send you information or content we believe may be of interest to you; and keep you aware of any updates to our Site and your Membership. We will never intentionally share this information with any outside entity, except as described below in the section, “Information Sharing and Disclosure”.

School of ESL does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use SchoolofESL.com only with permission of a parent or guardian.

 

INFORMATION COLLECTED UPON REGISTRATION/LOG IN

You may browse our Site without registering. However, if you would like to place an order or become a member, then you must complete the account registration/log in process and become a user on our Site. When you create, register, or edit your free SchoolofESL.com account, you provide some basic personal information, such as your name, email address, and password. When you purchase our products or services (such as Membership, or courses), you must provide us with your credit card, debit card, or other type of acceptable payment information along with your billing and shipping address information. You are not required to provide us this information, however, without it we will not be able to process your order.

 

SUPPLEMENTATION OF TEACHER INFORMATION

If you register as a teacher, we collect various information such as email, name, school name and address and phone number. We collect this information so that we can confirm that you actually are a teacher.

Sometimes we offer educational discounts to bonafide English teachers. In order to qualify teachers for educational discounts, we may call or email the teacher’s employer for the purpose of verifying the teacher’s credentials as an English teacher.

 

INFORMATION WE COLLECT AUTOMATICALLY COOKIES

A cookie is a small text file that is placed on your computer by a website. Cookies contain information that can be read by a web server to help identify you and your activities on our website. Cookies cannot be used to run programs or deliver viruses to your computer.Like many sites, we also use cookies. When you log on to our site, we use session cookies to make it easier for you to navigate our site by allowing you to move from page to page without having to log on again on each page. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You can set your browser to reject cookies, but if you do you may not be able to log on or use all of the features of this website.

 

SITE USE LOGGING

Our servers automatically record information created by your use of the Site or our Services. Log Data may include information such as your IP address, browser type, operating system, and web page visited.

 

SITE ANALYTICS AND SITE ADS

We use a third-party tracking service called Google Analytics and a third-party advertising service called Google AdSense. Google is firmly committed to the privacy of their advertisers and users. While Google does use cookies, Google does not associate a user’s search activity with his/her ad click history.

 

INFORMATION SHARING AND DISCLOSURE

We do not disclose your private personal information except in the limited circumstances described here.

 

PURCHASES

In order to process an online order for a product or service on SchoolofESL.com, we use a reputable third party processing service, Stripe (www.stripe.com). Stripe is provided with your name, address, email and credit card information, in order to process the charge and verify that it is not fraudulent. All communication with Stripe from SchoolofESL.com is encrypted and secure.

 

EMAIL MARKETING

We engage an email marketing service, MailChimp (www.mailchimp.com), in order to send you emails periodically. We provide the email marketing service with your email address, first and last name, and the type of membership you have. If you chose to not receive email newsletters, then your information if removed from MailChimp and will not be used for email marketing.

Emails are only sent to you if you have chosen to ‘Receive Newsletters’ when you registered for an account. You can change this setting by going to your account profile, or by clicking on the “unsubscribe” link in any of the marketing emails that you received.

 

BUSINESS TRANSFERS

In the event that SchoolofESL.com is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity.

 

HOW WE PROTECT YOUR INFORMATION

We are make our best effort to protect all information we receive from you. No computer system is entirely secure, but we have implemented measures that reduce the likelihood of a security breach.

We implement technologies and practices such as password protection, encryption, SSL, firewalls, data access restrictions to prevent any loss, theft or misuse of data.

All payment information (credit card, debit card) is encrypted when transported from your browser to our servers. Once that information has been provided to the merchant service (Stripe) for processing (also using SSL), we only store the last four digits of the credit/debit card, and the expiration date. We do not have access to your credit/debit card information after the payment has been processed.

 

ACCOUNT CANCELLATION

You may cancel your SchoolofESL.com account at any time. Just login to your account and go to “My Account”, then click on the “Cancel Membership” link. Under normal circumstances your account will be deleted immediately. If you need assistance cancelling your account, send an email to schoolofesl@gmail.com from the email address that the account is registered to.

 

SERVICE ANNOUNCEMENTS

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if your account is about to expire due to inactivity, we will send you a warning prior to deleting your records. Generally, you may not opt-out of these communications. If you do not wish to receive them, you have the option of deactivating your account.

 

LEGAL DISCLAIMER

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.

 

CHANGES IN THIS PRIVACY STATEMENT

If we decide to change our privacy policy, we will post those changes to this privacy statement so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.


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