Terms and Conditions
This agreement applies as between you, the User of this Website,fluencyfix.com and Virtual Language Practice, the owner of the product Fluency Fix operating at fluencyfix.com. Your agreement to comply with and be bound by these Terms and Conditions and agreement is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that you have registered as a member of the site.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Account: means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
Plan: Means the monthly subscription plan that the customer has selected
Content: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Facilities: means collectively any online facilities, tools, services or information that Virtual Language Practice makes available through the Website either now or in the future;
Services: means the services available to you through this Website, specifically use of the Virtual Language Practice proprietary e-learning platform;
Payment Information: means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
Premises: Means Our place(s) of business.
System: means any online communications infrastructure that Virtual Language Practice makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User / Users: means any third party that accesses the Website and is not employed by Virtual Language Practice and acting in the course of their employment;
Website: means the website that you are currently using (www.fluencyfix.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
We/Us/Our: means Virtual Language Practice, a registered Canadian company with Company registration Number 260399860.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult 18 years or older.
These Terms and Conditions also apply to customers procuring Services in the course of business.
- Intellectual Property
- 2.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Virtual Language Practice, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable laws and International intellectual property and other laws.
- 2.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
- Third Party Intellectual Property
- 3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 3.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
- Fair Use of Intellectual Property
4.1) Material from the Website may be re-used without written permission by members of the media if the content provides a usable embed code and or if less than 60 seconds of the content is used.
5) Links to Other Websites
5.1) This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Virtual Language Practice or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6) Links to this Website
6.1) Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.fluencyfix.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at [email protected]
7) Communication and use of Communications Facilities
7.1 The language of communication of the fluencyfix.com website is English.
7.2 English will be used for product descriptions, terms and conditions, company information, privacy information, support chats, emails, site updates, contacts, emails to customers and pricing information and all other communications with customers.
- 7.3 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 7.4 You must not use obscene, profane or vulgar language;
- 7.5 You must not submit or post content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 7.6 You must not submit or post Content to the site hat is intended to promote or incite violence;
- 7.7 You must not submit or post content to the site related to or intended to promote any religion, cause, lifestyle, health system, multi-level marketing opportunity or business opportunity. You must not submit or post any content to the site that is sexually graphic, unsuitable for children, related to romance or suitable for adults only. You must not submit or post content to the site that is related to or intended to promote the use of drugs.
- 7.8 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 7.9 You must not impersonate other people, particularly employees and representatives of Virtual Language Practice or Our affiliates; and
- 7.91 You must not use a false name or no name on your registration, subscription or account.
- 7.92 You must not use Our System for unauthorized mass-communication such as “spam” or “junk mail”.
- 7.93 You acknowledge that Virtual Language Practice reserves the right to monitor any and all communications made to Us or using Our System.
- 7.94 You acknowledge that Virtual Language Practice may retain copies of any and all communications made to Us via chat, email, telephone, video conference, Skype, Webinar or using Our System.
- 7.95 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 8.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- 8.2 all information you submit is accurate and truthful;
- 8.3 you have permission to submit Payment Information where permission may be required; and
- 8.4 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 8.5 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 8.6 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 8.7 Your account and credentials can only be used to log in to one device at a time. If you are logged in to more than one device you will be logged out of each additional device and will be advised of this with a warning message on the screen.
- 8.8 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
9) Termination and Cancellation of Accounts
- 9.1 Either Virtual Language Practice or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 9.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
- Services, Pricing and Availability
- 10.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Virtual Language Practice correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
- 10.2 Where appropriate, you may be required to select the required Plan of Services.
- 10.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 10.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 10.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 10.6 If after placing the order, laws or government requirements change that require us to charge tax to a plan that originally did not include tax, the customer will be required to begin paying taxes on their monthly subscription in order to allow us to meet our legal requirements.
- Orders and Provision of Services
- 11.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Virtual Language Practice and you.
- 11.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
- 11.21 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 11.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges; The tax rate applied to your order will depend on applicable tax laws and this will depend on your location and the time the order was placed.
- 11.2.3 Relevant times and dates for the provision of the Services;
- 11.2.4 User credentials and relevant information for accessing those services.
- 11.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 11.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 11.5 We aim to fulfill your Order immediately or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order.
- 11.6 Virtual Language Practice shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 11.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 11.8 Virtual Language Practice provides technical support only via our online contact form or live chat. Virtual Language Practice makes any effort possible to respond to support requests within 24 hours during Canadian business hours (9am to 8pm EST), but we do not guarantee a particular response time.
12.1 Virtual Language Practice’s Fluency Fix, operating at fluencyfix.com is a digital non-refundable product.
- Partial or complete refunds shall not be granted by Virtual Language Practice unless an event has occurred where Virtual Language Practice is at fault.
We want you to be completely satisfied with the Products or Services you order from Virtual Language Practice. Before purchasing a plan, each visitor to the fluencyfix.com website is required to
- 3) Read the product descriptions and prerequisites located at : https://fluencyfix.com/category/courses/
- 4) Try the product first in the “Try it” section of the website located at https://fluencyfix.com/category/demo/ before subscribing.
12.5) Agree to the terms and conditions
If you have any additional questions about the product, please contact us prior to your purchase through our contact form or live chat.
13.1 A customer may cancel their plan at any time. The products located at fluencyfix.com are monthly subscription products. You may cancel your account at any time by clicking cancel in your account or contacting us and requesting that we cancel the account for you.
13.2 A partial refund will not be provided for any remaining days on the month after cancellation.
How We Use Your Personal Information (Data Protection)
- 14.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of The Personal Information Protection and Electronic Documents Act.
- 14.2 We may use your personal information to:
- 14.2.1 Provide Our Services to you;
- 14.2.2 Process your payment for the Services; and
- 14.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 14.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by The Personal Information Protection and Electronic Documents Act and should use and hold your personal information accordingly.
- 14.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
- 15.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 15.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 15.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 15.4 Whilst We use reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
- Changes to the Facilities and these Terms and Conditions
16.1 We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- Availability of the Website
- 17.1 The Website is provided “as is” and on an “as available” basis. Virtual Language Practice uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 17.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
18.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 28.2 Nothing in these Terms and Conditions excludes or restricts Virtual Language Practice’s liability for death or personal injury resulting from any negligence or fraud on the part of Virtual Language Practice.
- 18.3 Nothing in these Terms and Conditions excludes or restricts Virtual Language Practice’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 18.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
20.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Third Party Rights
21.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Virtual Language Practice.
- 22.1 All notices / communications shall be given to Us through our online contact form or live chat. Such notices shall be governed by EST and on the next business day if the message is sent through our online contact form on a weekend or public holiday.
- 22.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
- Law and Jurisdiction
These Terms and Conditions and the relationship between you and Virtual Language Practice shall be governed by and construed in accordance with the Laws of Ontario, Canada and Virtual Language Practice and you agree to submit to the exclusive jurisdiction of the Courts of Canada.