General terms and conditions (GTC) of Spanish language services of the Fluento Limited

1. General

1.1 Scope

The following provisions, which you accept by the use of the Fluento online courses, describe the conditions under which the Fluento Limited, Krossener Str 18, 10245 Berlin, Germeny offers language services (collectively "Services") on the Internet, telephone or other transmission technologies.

1.2 Changes to the GTC

In the event that we change these terms and conditions to your disadvantage, we will post those changes on our Web site and electronically. The amendments are considered approved if you do not object within one month of receiving the notice. Opposition to this law, we will refer you again to our notice of change. In the event of a conflict of contract to the previous conditions will continue.

1.3 Opposition to change the terms and conditions

If we inform you on your complaint, that a sequel to the previous conditions is not possible, you can cancel the contract for a specific service - if not already shorter statutory period of notice are specified - within one month of receiving such notification.The amended terms shall be approved if you do not make use of this termination. We will point this out in the notification of such a change. If prices due to a sales tax increase will be adjusted to your disadvantage, you are not entitled to dissent.

1.4 Value added tax

The sales tax we charge or the third party with at the time of the services provided valid rate.

2. Provision of services by Fluento

2.1 Services

Fluento offers various services, such as Live-language courses, conversation classes, language exchanges, provision of teaching materials and translations. These are services of the Fluento Limited or services of third parties. If the service is provided by a third party, Fluento acts as the mediator of the services. Fluento has no control of the contents of these services. An editorial review or editing by Fluento does not occur.

2.2 Liability

Fluento assumes no liability for the timeliness, completeness or accuracy of information supplied or their timely and accurate technical communication.

2.3 Internet access costs

On some services, users can access for free after registration.Other services are chargeable. To access the various services the usual connection rates of the connection provider, such as the ISP or provider of mobile Internet apply. For large volume data transfers (eg video conferences) the conclusion of a data flat-rate tariff is recommended to keep the cost of data transmission to a minimum.

3. Formation of a contract

3.1 Ways to order

Fluento offers different possibilities of ordering its Services, which are described in detail in the product catalogs on the Internet, in print brochures, ads, or in other media.

3.2 Course Packages

The services are available as single units or as discounted rated packages. A course packet containing a predetermined number of course units, which entitle to attend an online course and may receive or access to the above mentioned Services. Type and number of course modules are designed according to the chosen course package (for example, a 3-unit package, package of 10 units, package of 50 units).

3.3 Contractual relationship

By requesting services from a course package offer or a trial, the user submits a binding offer for using the selected services at the current price. By accepting the offer by Fluento through the provision of access to the My-Fluento area or credits for a course unit or forwarding the request to the language teacher pool or debit the purchase price, the Agreement and contract is formed between Fluento and the user.

3.4 Acquisition of third party providers and distributors

If the user buys a Fluento-service through third parties, retailer or in commerce, e.g. non-electronic media distribution services, a contract is concluded on the basis of these terms and conditions at the time of the acquisition of services.

3.5 Credit period

Where no fixed term is agreed, the term of the contract is determined by the use of funds. If the customer does not use his credits for more than 12 months, Fluento is entitled to deletion of the user data and the credits.

3.6 Credit use

The granting of certificates to the course units and the provision of the my-Fluento area are offered depending on the chosen course package to the total price. This total price will be paid regardless of whether and how the customer uses the offer, including in particular if the customer will be granted vouchers, or not entirely consuming. The level of the vouchers will be reduced by the actual use of services (for example, a course unit). If the usage exceeds the number of credits according to the bought package, the customer pays for the additional course units in each case the price of a single hour.

3.7 Course package changes

The course packs can change at any time. Extensions such as reductions remain even during the usage of a service in terms of content and prices without notice, for example, case of increases in costs for content, services or transportation. For pricing and packages to change the provisions of Clause 1.2 of these Terms shall apply accordingly. Vouchers can be redeemed only in Fluento services.

3.8 Abuse

Fluento reserves the right to reject abusive user requests.

4. Rights and obligations of the user

4.1 Benefits Data

The user is required to enter the contact details at the registration (especially the email address and the Instant Messenger user name) truthfully and completely. The user is also obliged to update its information on changes occurring immediately.

4.2 Access Authorization

Only registered users at Fluento are personally entitled to take the Fluento-services allocated to him on the Fluento user account to deliver. The user is not able to allow other persons to use the Service. The user agrees to keep secret notified passwords, PINs, Skype or similar data and not to pass it on to others. Once the user is aware that third parties had access to the password, he shall immediately ask for a lock of his Fluento user account with an e-mail to the Fluento customer service (customerservice@fluento.com). If the access or transfer of the password is not the fault of Fluento, the user carries the cost of the retrieved Fluento services until the date on which the user informs Fluento.

4.3 Copy Right

All services of Fluento subject to copyright and trademark protection. The user is entitled to retain the services on his computer. Any other storage, in particular the transfer or disclosure to other devices is prohibited. Also prohibited copying or other reproduction or further handling of the user-related services.

4.4 Commercial Use

All the content that the user receives on services are restricted to personal and private use only. Commercial use is permitted without prior written consent of Fluento.

4.5 Protection of minors and legality

If the user is given the opportunity to send or publish, even through services offered or arranged by Fluento ,the user is responsible of the legality and conformity of the content to minors protection laws. It is prohibited to send content or otherwise transfer such as that violate the criminal laws, illegal or immoral issues (eg, violent, sexist, racist, pornographic or Nazi) touch or make reference to publications with illegal or immoral themes . Fluento reserves the right, if users break the rules set to use the services without further notice and remove the contents.

5. Limitations of Liability Fluento

5.1 General liability

Fluento is only liable for intent and gross negligence. In the event of a breach of Fluento is nevertheless liable for any culpable conduct of its employees and agents. Except in cases of intent and / or gross negligence of legal representatives, employees and other agents, the liability of Fluento is limited to the typically foreseeable damages at contract conclusion.

5.2 Third party supplier and trader

Fluento is committed to the fastest possible dissemination of current information and services requested. Since Fluento has to operate services and distribution channels of third parties, that cannot be of its continuous control in terms of availability, Fluento has no responsibility for the instantaneous transmission of user services ordered in the third-party-maintained distribution channels / lines. Fluento shall not be liable for any temporary or permanent interruption of transmission of Internet users. Fluento does not guarantee the continuous availability of services, eg on failure of the transport provider. Fluento reserves the right to suspend access to its Services to carry out maintenance work.

5.3 Hyperlinks

Fluento refers via hyperlinks to other Internet sites whose content and design Fluento has no control of. These links are only linking to third party content or services. Fluento is not liable for the form and content of these linked web pages. If Fluento becomes aware that linked Internet sites contradict the applicable law or the so-called "Netiquette," Fluento after examining the situation, will remove the appropriate hyperlink.

5.4 Technical Requirements for Use

To use the services of Fluento it is often necessary to use certain technical systems, devices (eg webcam, microphone, headphones or the headset), software (eg Skype), transmission, telecommunication and other services (eg Internet) of third parties through wich additional costs could apply to the user, e.g. internet connection fees. These shall be paid separately by the user. Fluento does not provide such devices, software programs, communication channels, telecommunications and other services assumes no guarantee or liability.

6. Charges

6.1 Order conditions

Fluento offers various payment options depending on the ordering method, including, for example, vouchers, online payment systems (eg PayPal), credit card, bank transfer, direct debit / bank collection or credits of the Fluento user account. Payment options are explained within the order process of the actual services. Credits and vouchers on the Fluento user account can only be redeemed in Fluento Services. The current prices for the various course packages including VAT are comunicated in conjunction with the corresponding Service and the selected order method.

6.2 Money Back Guarantee

Fluento offers a money-back guarantee. For a reasoned objection to an online Spanish language course part of the user within 30 days after the first course date, the user can request a refund of the amount, after examining the incident by Fluento. If the period of 30 days pass without an objection by the user, the right of a full money-back guarantee expires.

6.3 Trial lesson

The first trial lesson is a subsidized product, which each user can buy only once at a preferential price. The user may use the first lesson only once among the registered e-mail address and Skype account. The unit price for a single course unit is 15 USD including VAT. Fluento reserves the right, in the case of a multiple booking of trial lessons by the same customer to bill the regular price of 15 USD VAT incl.

7. Cancellation of the agreed course dates

7.1 Compliant cancellation

If an agreed course date can not be met by the user, it is up to six hours before the course date at any time to withdraw from that date. The credit balance is maintained in this case and a new course date can be arranged. The cancellation function is available and needs to be transmitted in the my-Fluento area. This can be done without giving reasons.

7.2 Extraordinary termination

The user can, especially in course packets, be terminated without notice by Fluento when services are wrongfully used, or in breach of fundamental obligations, in particular from paragraph 4 of the Terms or if public decency, administrative or criminal law, absolute rights of third parties are injured. The contract can still be terminated extraordinarily by Fluento if
a) the user does not adjust its payments after appropriate notice, or does not pay the amounts outstanding without reason

With the termination of all outstanding claims and claims under the contract will be due immediately. The account will be blocked. The user has to replace all the damage caused by the misconduct that led to extraordinary termination, and the extent caused by any third party use of Fluento.

8. Privacy and data sharing

8.1 Data processing

Fluento is authorized by the user obtained data and those data arising in connection with the use of the service according to law to process and use this for the smooth operation of the service and execution of contracts. If the services are provided by a third party or a contractual relationship is closed with a third party, Fluento is entitled to transfer your data required to fulfill the contract. These are all your Skype data, your prior knowledge of the foreign language and the desired time of use of the service and the price to be paid.

8.2 Applicable laws

In processing the data and the provision of the service Fluento will follow the secrecy of telecommunications, the Federal Data Protection Act (BDSG), the Telecommunications Act (TKG) and note any other relevant data protection laws.

9. Governing Law and Jurisdiction

9.1 Applicable Law

All relations between Fluento and the user are subject to German law excluding the UN sales law.

9.2 Deviation from jurisdiction

If the user is a businessman, a legal entity under public law or a public special assets, London is the exclusive venue agreed for all disputes arising under these terms and conditions of contracts to which they are.

10. Preservation Clause

If individual clauses of the above terms and conditions should be fully or partially invalid, the validity of the other terms is unaffected.The ineffective provision shall be replaced by one that corresponds most to the purpose of the invalid clause in a legal manner. The same applies to possible regulation gaps.

If you have questions about the terms and conditions, please contact us by e-mail to the address info@fluento.com.

Fluento Limited
Mailing address: Krossener Str 18, 10245 Berlin, Germany

Limited, with headquarters at 69 Great Hampton Street, Birmingham, B18 6 EW, England, Companies House Cardiff, number 6549765

11. Revocation

11.1. Withdrawal

11.1.1 General Rules

You can withdraw your agreement to the contract statement of intent (order of services) within two weeks without giving reasons in writing (eg letter, e-mail). The period begins with this information. During this period it is sufficient to send the revocation to: Fluento Limited, Krossener Str 18, 10245 Berlin, info@fluento.com.

11.1.2. Exclusion

The right of withdrawal is not for services that have already been entirely or partially fulfilled.

11.2. Consequences

11.2.1 Reversal

In the event of a cancellation the mutually received benefits shall return to each other. Can the user only give the received whole or parts in a deteriorated condition, the customer will be obliged to pay compensation.

11.2.2 Exclusion

The right of withdrawal expires prematurely if the services (teaching the course unit) started with your express consent before the withdrawal deadline or it himself (eg, desired date etc).
Stand: 04/2011