Terms and Conditions
Please read the following terms and conditions carefully before using the Pro English Courses Website (the "Service"). They are important and represent a binding agreement between you and Pro English Courses.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Your Consent
By visiting and browsing our Website and when buying our Products and using our Services, you are consenting to these Terms and Conditions, without modification, and confirm that you have read them. These Terms and Conditions apply to all Site visitors, customers, students, teachers, and all other users of the site. If you do not agree to be bound by these Terms and Conditions, you may not access or use the Site or our Services.
Your Information
To access this Site and use some of the Services and resources it offers, you may be asked to provide certain details or information to be able to register for our Services or buy Products. It is a condition of use that all the information you give us is accurate and true and current. You agree that all the information you give to register is regulated by our Privacy Policy and you agree to all actions we take concerning your information according to that Privacy Policy.
Cookies
Our website uses cookies; by using our website or agreeing to these Terms and Conditions, you consent to our use of cookies following the terms of our Privacy Policy.
Our Services
Pro English Courses provides online classes and courses and charges the prices shown on our site. The site visitor chooses a teacher and pays for the Class or Course following our payment terms and online payment process.
Definitions
The terms “we”, “us”, and “our” refer to Pro English Courses. The terms “user”, “you”, and “your” refer to site visitors, customers, and any other users of the site.
The terms "Site" or "Website" refer to this website, www.proenglishcourses.com.
The term “Service” refers to the services we provide such as online English courses and classes or other services.
The term “Products” refers to items and such as classes and courses we display for sale which you can buy for the displayed price or any other items we display for sale.
The terms "Class" or “Classes” refers to online classes with a teacher of your choice.
The terms “Course” or “Courses” refer to a class or a series of classes booked in advance using class credits.
1. Using our Site
a) Your age.
To access or use our Site, you must be 1.)18 years of age or older and have the necessary power and authority to enter into these Terms and Conditions, or 2.) if you are under 18 years of age, you must have the permission of your parent or guardian to access our Site and buy any of the Products or Services offered.
b) Information provided.
Information provided on the Site and related to learning Business English for non-native English speakers and other forms of information are subject to change. Pro English Courses makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Pro English Courses disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
2. Termination
Pro English Courses has the right to terminate any agreement or any service we provide for any reason at any time by giving 24-hour notice in writing (by email) to you.
You agree that we can terminate your use or access to this Site or Services at any time without notice if you violate any of these Terms and Conditions. The duration of the contract for the sale of our products and Services is until performance has been completed by both parties. Each time you buy a set of Classes or Class Credits you enter into a new contract. This agreement can be terminated at any time for any reason by mutual agreement.
3. Payment and Charges
You agree to pay all costs and charges set out on our website and to use the appropriate payment facilities and processes presented on our Site. Prices and costs may change from time to time in the normal course of business practice.
4. Delivery
All services will be delivered to you online or electronically and performed online.
5. Accounts
To use our Services, you may be required to provide information about yourself including your name, email address, username, and password, as well as other personal information. You agree that any registration information you give to Pro English Courses will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. Please read our Privacy Policy for more information on your personal details.
6. Lawful Purposes
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase Services or Products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
7. Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without having to give a reason for doing so. No order is accepted by us until payment has been processed and received. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
8. Free Trial
You are entitled to have a free online trial class with a teacher ("Free Trial") before purchasing any Products. The purpose of the Free Trial is to discuss your English goals and needs, to create a study plan, and to decide whether you want to buy classes at Pro English courses. The class will last up to 30 minutes.
(a) You do not have to buy any Products or Services at Pro English Courses before or after the Free Trial takes place.
(b) Following the Free Trial, Pro English Courses may contact you with a special offer to buy Class Credits, but you do not have to agree to buy them.
9. Online Classes
Classes last 30 minutes and constitute a face-to-face meeting with a teacher from Pro English Courses. The classes will take place via a virtual classroom with in-built video conferencing software. The current preferred choice of software for Pro English Courses is Learn Cube. The software is accessed through your internet browser, so there is no need to download it. If you prefer to use different video conferencing software, please tell your teacher and he or she will do their best to try to accommodate your request.
10. Class Materials
The materials used in each class depend on the type of course chosen, your personal preferences depending e.g. on your Business English goals, and the discretion and judgement of your teacher in accordance with your learning goals and strengths/weaknesses. As such, the class materials that will be used will vary from case to case.
11. Buying Class Credits
If you wish to have online English classes with Pro English Courses, you first need to buy Class Credits. You can buy Class Credits by following the relevant links on the Pro English Courses website. Each Class Credit entitles you to a 30-minute online meeting with a registered teacher at Pro English Courses. To use the Credits, you must book a class on a teacher’s online calendar (see clause 16).
Class Credits are purchased through buying ongoing 4-weekly subscriptions to Courses. This means that every 4 weeks payment is taken from your account, and Class Credits are assigned to your account (see clause
The Class Credits never expire. This means that there is no time limit to them, and no deadline by which you must use them. As long as Pro English Courses remains a solvent business, you may use your Class Credits to have English classes with no limitations.
12. Placing an Order
You acknowledge that when you place an order for a Course subscription you are making an offer and that you intend to pay for Class Credits. We will then email you confirmation of your order. You will receive a further email to confirm payment has been received and that we accept your order. At this point, a binding contract has been made. If you do not receive this email, a contract has not been made.
13. Order Confirmation
We will email you to confirm your order and with details concerning Product or Service delivery. If there is an error in this email confirmation, it is your responsibility to inform us as soon as possible by email.
14. Cancelling an Order
You can cancel an order for a Course subscription at any time. To do so, please contact us at contact@proenglishcourses.com and we will cancel your subscription. You will be notified of the subscription cancellation by email.
Please note that when you cancel a Course subscription, any Class Credits that you have already purchased will remain on your account ready to be used (see clause 11). You will not normally be entitled to a refund (see clause 17).
15. Assigning Class Credits to Your Account
Following the successful purchase and confirmation of Class Credits (see clauses 11–13), Pro English Courses will assign Class Credits to your account within 48 hours, although we will endeavour to achieve this much sooner (typically within 24 hours or sooner).
16. Booking Classes
Once class credits have been assigned to your account (see clause 15) you may use them to book classes on teachers’ calendars. You can find the teachers’ calendars and profiles when you are logged into the Pro English Courses website. You must be logged in to use your Class Credits.
(a) Every time you book a class, your Class Credit total will be reduced by one. If you cancel a Class within the permitted cancellation time (See clause 18) you will be refunded the unused class credit.
(b) When you book a Class on a teacher’s calendar, Pro English Courses will automatically send you an email to confirm the appointment.
17. Refunds
(a) Monetary refunds.
EU and Polish law says that you can get your money back for any Products you have bought online within 14 days of the initial purchase for any reason. Therefore, you will be given a refund for all Class Credits you have bought. You will not get a refund for any Class Credits you have used within the 14 days; you will only get a refund for the remaining Class Credits. However, you must tell us of your intention to cancel your bought Class Credits by email within the 14 days to: contact@proenglishcourses.com.
You are not obliged to give any reason why you would like a refund, nor do you have to justify your decision. However, so that we can improve our services we would be grateful if you gave us feedback on the circumstances which led to your decision.
Please note that this refund applies to the first payment of a Course subscription only. Refunds of subsequent payments are not automatically given to customers.
(b) Other types of refund.
The above does not apply to courses which are not of satisfactory quality or courses which do not match their description on our website. In this situation, you need to contact us by email within 30 days stating your reasons for the request. We will then check if the above conditions apply. If we find that the Course is not of satisfactory quality or does not match the description, we will offer to replace with a similar Course, for example with a different teacher or refund your payment, depending on which is applicable.
(c) Non-consumer contracts.
We agree that for this clause only there is no distinction between a Business to Consumer Contract (B2C) and a Business to Business Contract (B2B). This means that, in the interest of clarity and for refunds only, B2B contracts contain the same rights as B2C contracts.
18. Cancellation of Classes
You can cancel booked Business English classes by logging into the Site, finding the class you cannot attend in your dashboard, and clicking “Cancel class”.
To receive a refund of a Class Credit, you must cancel a booked class at least 24 hours before the class is due to take place. If you cancel a class with less than 24 hours’ notice before it is due to take place, you will not be entitled to a Class Credit refund.
19. Product Description
We try to describe and display the Service as accurately as possible. While we want to be as clear as possible in explaining the Service, please do not assume that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
20. Your Materials
You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively "Materials") protected by copyright, trademark, or other proprietary rights without the owner's permission. You shall be liable for any loss or damage resulting from any infringement of copyright, trademarks, or other proprietary rights, or any other harm resulting from such a submission. By submitted materials to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
21. Intellectual Property Rights
The Site and Service contain intellectual property owned by Pro English Courses, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
22. Change of Terms
We may at any time change these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
23. Limitation of Liability
You agree that under no circumstances will we be liable for direct, indirect, incidental, consequential or any other damage as a result of using the site or services. Additionally, Pro English Courses is not liable for damages in connection with website failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of or unauthorised access or alteration or use of your information or personal data, whether we were negligent or not. This applies even if Pro English Courses has been advised of the possibility of something or could have foreseen loss or damage.
24. Third-Party Links
The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Pro English Courses. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
25. Indemnification
You agree to pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You will provide us with any help that we might ask for in connection with any such defence without any charge including, without limitation, giving us such information, documents, records, and reasonable access as we see necessary. You will not resolve any third-party claim or reject any defence without our previous written permission.
26. Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and do not affect the construction or interpretation of any of its provisions.
27. Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and sent by email to contact@proenglishcourses.com.
28. Entire Agreement
This Agreement and any attachments constitute the whole contract between Pro English Courses and you and cancels all other verbal or written understandings concerning this agreement which were made outside this agreement. Pro English Courses state that they are not liable for any misrepresentations they made before and outside this agreement.
29. Reliance on these Terms
We intend to rely on these written Terms and any document expressly referred to in them about the subject matter of any agreement between us. We and you will be legally bound by these Terms.
30. Events or Circumstances Beyond Our Reasonable Control
If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do, or due to events or circumstances beyond our reasonable control, our inability or delay in performing our obligations will not be in breach of this agreement. Examples of such events and circumstances, but not limited to, include fire, flood and other acts of God, strikes, trade disputes, lockouts, restrictions of imports or exports, riot, accident, disruption to energy supplies, lockdowns, pandemics, civil commotion, acts of terrorism or war.
31. Severability
If an appropriate court or arbitrator decides that a clause or condition in this contract is invalid or it conflicts with a law, the invalid clause can be cut from this agreement leaving the rest of the agreement valid and unaffected.
32. Assignment
This agreement or any clause in this agreement cannot be assigned, delegated, sub-licensed, or transferred by you unless we have given you permission in writing.
33. Governing Law
You agree that any dispute or claim arising out this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to Polish Law. You also agree that Polish courts have exclusive jurisdiction except for negotiation and mediation resolution described in clause 33 below.
34. Dispute Resolution
Any dispute relating to this Agreement, which cannot be resolved by negotiation between the parties within 14 days of either party giving notice to the other party in writing that a dispute has arisen, can be submitted to mediation by a mediator mutually chosen by the Parties and that the mediation or negotiation will be conducted online in English, using an accredited online mediation service using English legal principles if applicable. The initial Mediation cost only is to be shared equally by Pro English Courses and you. However, this does not cancel out clause 34 below, which applies to all other legal costs. Failing settlement of that dispute within 14 days after notice of a dispute is given, the dispute shall be submitted by any party for a final decision to a Polish court which will then have exclusive jurisdiction.
35. Recovery of Legal Costs
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable lawyer’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled to.
These Terms and Conditions were updated on 09 April 2021.