General Terms & Conditions

Introduction

This contractual document will govern the General Conditions for contracting English Courses and Classes (hereinafter, «Conditions») through the website https://www.english-masters.com, owned by KERRYN LEANDRA SEBASTIAO under the trademark ENGLISH-MASTERS, hereinafter, ENGLISH-MASTERS, whose contact details also appear in the Legal Notice of this Website.

These Conditions can be modified at any time. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable.

The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Accepting this document implies that the USER:

  • Has read and understood the
  • Is a person with sufficient capacity to enter into
  • Assumes all the obligations set forth

These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.

The ENGLISH-MASTERS informs that the business is liable and understands the current laws and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions implemented prior to the modification.

 

Identity of the contracting parties

On one part, the ENGLISH-MASTERS of the English courses and classes contracted by the USER, KERRYN LEANDRA SEBASTIAO, whose registered address is at 7 Caminho Dos Picos, – 9370-650 MADEIRA, PORTUGAL, TIN 303997591 and telephone number for customer/USER service

+351910106111.

And on the other part, the USER, registered on the website by means of a user name and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the ENGLISH-MASTERS. In some cases the USER will not be the STUDENT, so he/she will act on behalf of the latter (for example: companies, parents, etc.).

Purpose of the contract

The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.

The contractual trade relationship involves the delivery of a specific training course and courses, in exchange for a certain price which is publicly displayed on the website.

Intellectual property

The USER is not permitted to transfer, change or exchange the license rights and obligations of this agreement in any way, except that the form and content may be altered under the condition that the changes are pre-arranged in writing with ENGLISH-MASTERS. However, any transfer of ownership from ENGLISH-MASTERS to the USER is expressly excluded in this contract or general conditions of sale

Contracting procedure

The USER, in order to access the products services offered by the ENGLISH-MASTERS, must register on the website by creating a user account. For this reason, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals with regard to the processing of personal data and the free movement of such data and the Organic Law 58/2019, de 8 August (LPDP) on the protection of personal data as detailed in the Legal Notice and Privacy Policy found on this website.

The USER selects a user name and password, committing to use them diligently and to not make them available to third parties, as well as to inform the ENGLISH-MASTERS of their loss or theft or possible access by an unauthorised third party, so that the ENGLISH-MASTERS can proceed to immediately block them.

Once the user account has been created, we inform you that, in accordance with the requirements of Decree – Law 24/2014, February 14), the following steps will be followed during the contracting procedure:

  1. General contracting
  2. Activation of
  3. Right of
  4. Online claims and dispute
  5. Force
  6.  
  7. General information of the
  8. Price and period of validity of the offer.
  9. Shipping
  10. Payment methods, charges and discounts.
  11. Purchase
  12. Suspension or termination of the
  13. Guarantees and
  14. Applicable law and
1.  GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2.  ACTIVATION OF SERVICES

The ENGLISH-MASTERS will not activate any service until it has been verified that payment has been made.

As the order does not involve the physical delivery of any product, but rather a service downloaded or activated directly from the website, the ENGLISH-MASTERS will inform the USER in advance on the steps to take to perform this download or activation.

Failure to carry out the remote contract

Delivery dates or times are approximate and delays do not constitute a fundamental breach. In the event that the ENGLISH-MASTERS has not activated the training course within 30 days of the agreed delivery date, due to the unavailability of the training course, the USER must be informed and will be enti tled to cancel the order and will receive a refund of the total amount paid at no additional cost, and without any liability for damages attributable to the ENGLISH-MASTERS

In the event of unjustified delay by the ENGLISH-MASTERS with respect to the refund of the total amount, the USER may claim payment of double the amount due, without prejudice to their right to be compensated for damages suffered beyond that amount.

In the case of the provision of a training course, it will be available from the moment the user has paid for it and will be downloadable or activated according to the conditions of the ENGLISH-MASTERS.

The ENGLISH-MASTERS will not accept any liability if the download or the activation of the course is not fulfilled because of false, inaccurate or incomplete information provided by the USER.

The training course will be considered as provided when the USER has downloaded or activated it.

3.  RIGHT OF WITHDRAWAL

The USER has the same rights and period to return and/or report possible flaws or defects in the service online as they do offline.

The USER has a period of fourteen calendar days from the date of download or activation of the service to return it (Article 71 of Spanish Law 3/2014 of 27 March).

The right of withdrawal shall not apply in the following cases:

  1. When the USER is a legal entity that does not act in a field outside a business or professional
  2. Once the training course has been completely executed, when the execution has begun, with the previous express consent of the PROVIDER and USER and with their acknowledgement that they are aware that, once the contract has been completely executed by the PROVIDER, they will have lost their right of
  3. In the downloading or activation of the course whose price depends on fluctuations in the financial market which the PROVIDER cannot control and which may occur during the withdrawal
  4. In the provision of services made according to the specifications of the USER or clearly
  5. In the provision of housing services for purposes other than housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of

The ENGLISH-MASTERS must be informed of any return, with the request for a return number through the form provided for this purpose, or by emailing info@english-masters.com, indicating the corresponding invoice number or order number.

4.  ONLINE CLAIMS AND DISPUTE RESOLUTION

Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:

Postal address: KERRYN LEANDRA SEBASTIAO, 7 Caminho Dos Picos, – 9370-650 MADEIRA, PORTUGAL

Telephone: +351910106111 Email: info@english-masters.com

Online Dispute Resolution

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and the ENGLISH-MASTERS, without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5.  FORCE MAJEURE

The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.

6.  COMPETENCY

The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.

If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.

The USER declares to have read, understood and accepted these Conditions in their entirety.

7.  GENERAL INFORMATION OF THE OFFER

All sales made by the PROVIDER are subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of ENGLISH-MASTERS or stipulated herein shall take effect, unless expressly agreed in writing and signed by the ENGLISH- MASTERS, in which case, these particular agreements shall prevail.

Given the continuous technical advances and service improvements, the ENGLISH-MASTERS reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as it does not affect the value of the services offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the services offered is affected.

Continuity, consistency and quality of service

ENGLISH-MASTERS expressly agrees to provide all its resources in the delivery, availability and provision of services in general and in this document, and commits to complying with its obligation as a service supplier to the best of its ability.

ENGLISH-MASTERS commits to act with the greatest possible diligence and care and to proceed to provide a quality service in accordance with generally recognised practices: except in the hypothetical case where the training course is suspended, by virtue of required special instructions.

Consequently, ENGLISH-MASTERS will be contractually obliged to offer 24/7 access, on the condition that it is able to guarantee its services given the supply conditions (subsequent network performance).

ENGLISH-MASTERS reserves the right to disrupt the training course through its server, in order to carry out essential maintenance, to improve network performance, or for any other operational reason connected to maintenance.

ENGLISH-MASTERS shall inform the USER, giving them reasonable notice, of the date it intends to carry out maintenance, without affecting its rights and liabilities.

The USER acknowledges that training may not be available if they are unable or incapable of accessing the Internet or this website. ENGLISH-MASTERS will not be liable for the USER’s inability to access the training, under these circumstances.

In particular, it is the USER who must keep their own virus protection, as well as the version of their browser up to date. ENGLISH-MASTERS will not be liable for any viruses transmitted through its website.

Similarly, ENGLISH-MASTERS cannot be held liable for unauthorised access to computer systems, or for the damage to any data as a result thereof. However, ENGLISH-MASTERS will carry out the appropriate measures to prevent hacking. ENGLISH-MASTERS shall in no event be liable for any damages related to hacking, such as loss of operation, loss of profit, loss of value, damage or expense.

ENGLISH-MASTERS commits to exercising due diligence and care in its offer, providing a quality service, in accordance with the normal practices of the sector, subject to the interruption of the provided services explicitly at the request of the administrative authorities.

If the training course started by the USER is suspended following a decision of a competent authority, ENGLISH-MASTERS shall reimburse the Customer or offer them a voucher valid for one year, equal to the amount of the relevant training course.

Both Parties agree that ENGLISH-MASTERS has the right to modify the services without notice.

After-sales service

ENGLISH-MASTERS is committed to providing the USER with the necessary support with regard to the training course purchased. The customer can contact ENGLISH-MASTERS for any request related to the training course in: info@english-masters.com.

No extended use of the website

ENGLISH-MASTERS reserves the right to delete information concerning the USER in the event of prolonged non-use of these services, that is during a period of more than 40 days.

Customer obligations and liability

The USER expressly agrees to have verified the compatibility between their request and the offer of services and fully acknowledges the receipt of all necessary information and advice from ENGLISH- MASTERS, so that this agreement may enter into force with binding knowledge and certainty.

The USER agrees to verify the identity of the STUDENT, if applicable, prior to signing them up for ENGLISH-MASTERS.

The USER guarantees to act within his exclusive responsibility, as a consequence of the access to the training course. The user will be liable if the Student who has access and a password carries out acts that could be seen as improper and who does not respect the general guidelines and instructions for correct use initially provided by ENGLISH-MASTERS.

If this is the case, the USER shall inform the STUDENT of these terms and shall be responsible regarding this matter.

The relevant parties in the contract also acknowledge that ENGLISH-MASTERS is able to modify with complete transparency the provision of the service without the need for any prior communication, other than to inform the USER that the level of service already provided will be adjusted .

The USER confirms that they will be informed of the provisions of the regulations relating to safety (safety or security) and operational security. The USER shall be solely liable for the consequences of any breach of these rules and these Terms.

8.  PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each service include Value Added Tax (VAT) or any other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, insurance or any other additional services and attachments to the service purchased.

The prices applicable to each service are those published on the website and shall be shown in Euros. The USER accepts that the economic valuation of some of the services may vary in real time.

Before making a purchase, all the details of the quote can be checked on-line: training courses, quantity, price, availability, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.

Once the order has been placed, prices will be maintained regardless of whether the service is available.

Any payment made to the ENGLISH-MASTERS entails sending an invoice in the name of the registered USER or of the company name that they indicated while placing the order. This invoice will be sent in PDF and with consent (art. 63.3 RD 1/2007) format to the email address provided by the USER.

For any information about the order, the USER may contact the ENGLISH-MASTERS customer service by calling +351910106111 or by emailing info@english-masters.com.

9.  SHIPPING COSTS

There are no shipping costs.

10.  PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and accepts the following payment methods for orders: Stripe Checkout (debit card, credit card)

Security measures

The website uses generally accepted information security techniques within the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the USER agrees that the PROVIDER will obtain data for the purpose of the corresponding access control authentication.

The ENGLISH-MASTERS undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited by the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.

11.  PURCHASE PROCESS Basket (budget simulation)

Any training course from the catalogue can be added to the basket. In the basket you can only view the selected services, quantity, price and total cost. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the details entered.

Baskets have no administrative link, it is only a section where you can simulate an order without any commitment from either party.

Follow the steps below to correctly place an order from the basket:

  1. – Confirm billing
  2. – Check the method of training course provision
  3. – Select payment
  4. – Place your order (buy).

Once the order has been processed, the system instantly sends an email to the ENGLISH-MASTERS management department and another to the e-mail of the USER confirming that the order has been placed.

In case of disputes concerning the nature of ENGLISH-MASTERS’s services or the USER’s use of the website, the information stored on the electronic payment device and in the framework of the automated information collection by ENGLISH-MASTERS may be used as evidence between both parties.

Orders (purchase requests)

Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the approximate date of download and/or activation.

Service activation procedure (access to training)

The USER will receive their login details (user name/password). Access to on-line training, granted by ENGLISH-MASTERS, is strictly private. Transferring login details (user name/password) to a third party is strictly forbidden. The USER agrees that they will not under any circumstances, whether free of charge or for a fee, give access to third parties in any form whatsoever. If the USER is a company and if the student leaves the company, the USER agrees to deactivate their account or contact ENGLISH-MASTERS to remove obsolete profiles, and the USER expressly agrees to pay for any registrations initiated by the designated Student.

The USER agrees to follow the training course diligently. As part of the evaluation, in order to complete the training, the USER expressly accepts the fact that they will not benefit from any help or assistance from any other person. Likewise, ENGLISH-MASTERS asks each USER to undertake this obligation before each task.

The USER agrees to use all 8 sessions or classes in the month they have agreed to after successful payment for the monthly classes or sessions. Monthly sessions do not carry-over and are not transferable from month to month or to other students.

12.  SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

ENGLISH-MASTERS may, without prior notice, suspend or terminate the USER’s access to its services and training, in whole or in part, for any valid reason, including, without limitation, where USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policies.

Where ENGLISH-MASTERS exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to ENGLISH-MASTERS.

13.  APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the courts and tribunals of the USER’S place of residence.