General Terms and Conditions ROCKYOURENGLISH.COM
1. Identity and acceptance of our Terms
Welcome to the website ROCKYOURENGLISH.COM (http://www.rockyourenglish.com), owned, controlled and published by Buffi Duberman aka Creative Communication Consultants based in (5212 BC) Den Bosch at Frederik Hendriklaan 73, the Netherlands, phone number: +31652090519, email address: firstname.lastname@example.org, Chamber of Commerce number: 17135952, VAT identification number: 2068.68.510.B.01(hereafter referred to as: “Creative Communications”).
By visiting the website ROCKYOURENGLISH.COM, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to ROCKYOURENGLISH.COM, you agree to be bound by the following Terms and Conditions of Service (“Terms”).The Terms define a contractual relationship between Creative Communications and the natural and legal persons who are using Creative Communication’s services as offered on ROCKYOURENGLISH .COM.
If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of ROCKYOURENGLISH.COM. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and ROCKYOURENGLISH.COM and that your use of ROCKYOURENGLISH.COM shall indicate your conclusive acceptance of the Terms. Provisions deviating from these Terms shall only apply when they have been confirmed in writing by Creative Communications.
Your use of the website ROCKYOURENGLISH.COM includes the ability to enter into agreements and/or to make transactions electronically (distance contract). You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Our Terms shall apply to all offers made by Creative Communication to you as well any distance contract with regard to the purchase of the services and/or products of Creative Communications concluded between you and Creative Communications.
From time to time, you will be asked to submit personal information about yourself (eg name and email address etc) in order to receive or use services on website ROCKYOURENGLISH.COM. By entering your details in the fields requested, you enable Creative Communications to provide you with the services you select. Whenever you provide such personal information, Creative Communications will treat that information in accordance with current privacy legislation. If you are under 18, please get your parent/guardian’s permission before you provide personal information to the ROCKYOURENGLISH.COM website. Users without this consent are not allowed to provide us with personal information.
2. Provision of Services, the lessons
All efforts of Creative Communications have been made to verify that all the information provided in the offered lessons is accurate as possible. This information and other data exclusively serve the purpose of information, and you cannot rely on their up-to-datedness, accuracy or completeness.
Your right for using the website ROCKYOURENGLISH.COM and its functions exists only in the context of the current state of the art. Creative Communications may temporarily restrict its services when this appears necessary for limited capacities, server security and integrity and for any technical measures or maintenance activities in consideration of your justifiable interests. Regarding the use of certain contents on ROCKYOURENGLISH.COM, additional provisions will be applicable that will be notified to you within the offer in question.
The services offered on the website ROCKYOURENGLISH.COM consist of an online lesson program with the maximum of 15 lessons per program. You can purchase the lesson program including the lesson book, called “Rock your English”, which book will be sent to you by ordinary mail or you can purchase the lesson program without lesson book. If you purchase the lesson program without the lesson book you will pay less. The prices for the lesson program will be displayed on the website ROCKYOURENGLISH.COM and include the price per the lesson program plus any applicable VAT, but will not include the costs of delivery of the lesson book to you if you purchased the complete lesson program. Your payment of the price will be done through the different types of direct online payment opportunities as offered on the website ROCKYOURENGLISH.COM, like but not limited to PayPal, Master Card, Visa, iDEAL, Meastro.
If you want to purchase the offered lesson program you have to enter into a distance contract (concluded electronically through the websiteROCKYOURENGLISH.COM) with Creative Communications. The agreement will be final after your acceptance of the Terms (via opt in) and the completeness of your payment due. Creative Communications will automatically send you a confirmation by email regarding the content of the concluded agreement which allows you to follow the lesson program. This confirmation email shall inform you further about the identity of Creative Communications, her (email) address whereto you can send your complains, the essential aspect of the purchased service, the price of it, including taxes, the method of payment and finally the way how you can exercise your right to withdraw from your contract with Creative Communications.
If you purchased the lesson program without lesson book you have the right to withdraw from your contract with Creative Communications without charge and without giving any reason until delivery of the lesson program has started. If so, you have to notify Creative Communications by email that you will exercise your right to withdraw. As soon as possible after you have exercised your right to withdraw – at least within 30 days – Creative Communications will pay back to you the price you have paid to Creative Communications. You do not have the right to withdraw from the contract once delivery of the lesson program has started at which point your transaction is final. The lesson program commence immediately when you begin to view a lesson from the website ROCKYOURENGLISH.COM by way of streaming the lesson to your computer or other device which allows you to view the lesson. Therefore you will not have a right to cancel your contract once the lesson program commence unless you have received an unacceptably poor streaming of the lesson on video. If this happens, you must inform us as soon as possible using the email address of Creative Communications, and if the poor streaming is caused by Creative Communications and cannot be resolved, a refund may be provided.
If you purchased the lesson program including lesson book, you have the right to withdraw from your contract with Creative Communications without charge and without giving any reason within working 7 days after your receipt of the lesson book. If so, you have to notify Creative Communications by email that you will exercise your right to withdraw. If you exercise this right, then you must return the lesson book to Creative Communications immediately after your receipt of this book. The costs for returning the book will be for your account. As soon as possible after you have exercised your right to withdraw – at least within 30 days – Creative Communications will pay back to you the price you have paid to Creative Communications. At the fulfillment of abovementioned procedure the agreement between you and Creative Communications will be terminated and Creative Communications will not be responsible and/or liable for damage or claims from you.
3. Proprietary Rights, copyright
The contents of the website ROCKYOURENGLISH.COM, including but not limited to the services and/or the online lesson program(s) are protected by copyright. Copying, changing, making available to the public, distributing or storing of information or data, and notably of texts, parts of texts, logos, or picture material or whatever copyright protected material, requires Creative Communications’ prior written consent. All intellectual and industrial property rights, including but not limited to domain names, tradenames, trademarks, brands, logos and designs – possibly protected by third parties – are unrestrictedly subject to the provisions of the registered owner’s labeling and property rights in force at any given time. It cannot be concluded that objects such as brands or trademarks mentioned are not protected by third parties’ rights. The copyrights and all other intellectual property rights in conjunction with the services/lessons developed and published by Creative Communications remains solely with Creative Communications. Copying, making available to the public or using otherwise such services/lessons, including but not limited to texture, pictures, sound recordings, video sequences, in other electronic or printed publications is not allowed without Creative Communications’ prior and explicit written consent.
If you and Creative Communications has entered into an agreement which allows you to buy the online lessons, Creative Communications authorizes you to view aforesaid services/lessons only for personal use in connection with the lessons program with a maximum of ten times per lesson. And for the sake of clarity, Creative Communications’ content may not be sold, reproduced, or distributed without her prior written permission. Any further rights not specifically granted herein are reserved.
4. Duration and termination of Agreement
The duration of the agreement between you and Creative Communications will be the period to view all online lessons of the lesson program. The Terms will continue to apply in perpetuity, unless changed by Creative Communications. Terms that are to continue in perpetuity shall be unaffected by the termination of the agreement between you and Creative Communication which allows you to view the lesson program.
5. Disclaimer of Warranties
You understand and agree that your use of the website ROCKYOURENGLISH.COM is entirely at your own risk and that the services are provided “As Is” and “As Available”. Creative Communications does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the ROCKYOURENGLISH.COM website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
6. Limitation of Liability
You understand and agree that Creative Communications’ and any of its subsidiaries’ or affiliates’ and/or its representatives’ liability is restricted to damaged caused intentionally and by gross negligence and they shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Creative Communications has been advised of or should have been aware of the possibility of such damages. Furthermore Creative Communications and any of its subsidiaries or affiliates and/or its representatives does not accept any liability for direct or indirect damage caused by the use of information or data to be found on the website ROCKYOURENGLISH.COM.
7. External Content
The website ROCKYOURENGLISH.COMmay include hyperlinks to third-party content, advertising or other websites. You acknowledge and agree that Creative Communications is not responsible for and does not endorse any advertising, products or resource available from such resources or websites. Therefore Creative Communications does not accept any liability for contents or the functioning, freedom from errors or legality of third parties’ websites to which reference is made through hyperlinks on the ROCKYOURENGLISH.COM website.
The provisions of these Terms as well as any disputes connected with or ensuing from the Terms and/or the agreement which allows you to follow lessons, shall be governed by the laws of the Netherlands. Any disputes ensuing from or connected with the provisions of these Terms shall be submitted to the exclusive jurisdiction of the competent court in Den Bosch, the Netherlands.
9. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and Creative Communications. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
Should individual provisions of these Terms be or become void or ineffective and/or conflict with legal provisions, then this will not affect the validity of any other conditions of use. The ineffective provisions shall be replaced by you and Creative Communications by provisions that best meet the economic purpose of the ineffective provisions in a legally effective way. This shall correspondingly apply to any missing provisions.
In case of multi language agreements and/or Terms, the English version(s) of the documents concerned will at all times prevail.
10. Changes to the Terms
Creative Communications reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of ROCKYOURENGLISH.COM after any changes to Terms will signify your agreement to be bound by them.
June 8, 2012.