Terms Of Use

 

BABELANG.COM
Terms and Conditions of SERVICE
and use of the WEBSITE (“TERMS”)

 

These TERMS, together with our “PRIVACY POLICY, set out the terms and conditions that apply

  1. when you use our website under www.babelang.com (including in relation to any information you provide to us) (“WEBSITE”);
  2. when you make any purchase of the services offered on respectively via our WEBSITE (“SERVICE”);
  3. when you conclude a TEACHING CONTRACT with a TEACHER; and
  4. when performing the SERVICE and / or TEACHING CONTRACT.  

 

When you place an ORDER you will be asked to confirm that you have read and that you agree to these TERMS. All ORDERS made via our WEBSITE will only be accepted on these TERMS. We will amend these TERMS from time to time; the TERMS in force at the time you place an ORDER will apply to the (TEACHING) CONTRACT for that ORDER.

 

These TERMS and therefore your contractual relationship with us are subject to Austrian law. However, especially if you are a consumer this choice of law will not remove, lessen or deprive you of any protection you receive from any laws in your country of residence that cannot be contractually excluded, waived or disclaimed.

 

  • General Information about us, the TEACHER and the WEBSITE

 

      1. We are CRAST, a company registered in Bulgaria under company number 202926582 of the Bulgarian Trade Registry and with our registered office at Bulgaria, 1142 Sofia, 9 Fridtjof Nansen, 5th floor. Our VAT-identification number is BG202926582. The object of our company is development and management of websites providing online services. The name of the executive bodies and officer authorized to represent the company is: Mrs. Chrysoula Zakka.
      2. You can reach us via email under [email protected]
      3. The information on the TEACHER are available on the WEBSITE for each class [Link to overview].

 

  • Definitions

 

 

In the TERMS and PRIVACY POLICY:

 

“we” or “our”

means us – see item 1 above;

“you”, “your” or “the Customer”

means the natural person or legal entity that orders SERVICES via our WEBSITE;

“ACCOUNT”

means a for you personalised part on our WEBSITE that you can access after having yourself registered on our WEBSITE

“CLASS”

means the online-class performed on our WEBSITE by the TEACHER based on your TEACHING CONTRACT;

“CONTRACT”

means a legally binding agreement for a SERVICE between you and us;

“ORDER”

means an purchase order for the SERVICE / for concluding a TEACHING CONTRACT is placed by you through our WEBSITE;

“PRIVACY POLICY”

means the policy available under www.[*] being an integrated part of these TERMS;

“SERVICE”

means any service available on our WEBSITE or offered / to be purchased via our WEBSITE – see item 3;

“TEACHER”

means the person teaching a class based on a TEACHING CONTRACT – see item 1 above;

“TEACHING CONTRACT”

means a legally binding agreement between you and the Teacher;

“TERMS”

mean the present terms and conditions of SERVICE and the use of the WEBSITE;

“WEBSITE”

means the websites available under www.babelang.com.

 

 

  • Our SERVICE, the TEACHING CONTRACT and the prices

 

      1. Our SERVICE is to provide the WEBSITE, giving you the possibility to conclude a TEACHING CONTRACT with a TEACHER that entitles you to attend his/her CLASS on our WEBSITE. Attending a class provides knowledge. The TEACHER and/ or us does/ do not offer degrees or diplomas of any kind. Part of our SERVICE is to provide you and the TEACHER the necessary platform on our WEBSITE to perform the CLASS. Furthermore, part of our SERVICE is to invoice the TEACHING CONTRACT for and in the name of the TEACHER.
      2. Please note that there are the following restrictions applying to our SERVICES / to the TEACHING CONTRACTS: At this point our WEBSITE cannot support students with vision or hearing problems. The student is responsible for his own computer/camera/mic and for their proper function. The minimum technical requirements of being able to participate in a class are: Internet connection of 4mbps or higher, updated version of java, camera, and microphone.  
      3. Before you can issue an ORDER for our SERVICE / a TEACHING CONTRACT you have to register on our WEBSITE and fill in the requested information in a truthful manner. You agree that we will forward the information / data to the TEACHTER. Please note that we are not part of your TEACHING CONTRACT — the TEACHING CONTRACT is a direct legal agreement between you and the TEACHER.
      4. The time and date of the group classes are predefined by the TEACHING CONTRACT as shown on our the WEBSITE and the student must adjust to that schedule. The student will be able to participate after the TEACHER has accepted your ORDER (see 5), after payment of the fees (concerning the payment methods, please see 7) and after lapse of the withdrawal period (see 6). However, if you want the TEACHER to provide you the CLASS before the withdrawal period you have to explicitly declare that by ticking the checkbox in the ordering process – see 5; for the consequence concerning the Right to Withdrawal see 6.4 (ii) (reimbursement of payments) and 6.5 (loos of the Right to Withdraw).  
      5. The service of the CLASS is rendered for the period of the group classes.
      6. The prices of the CLASS mentioned on the WEBSITE include VAT (where applicable) at the applicable current rate and include all other expenses. Our WEBSITE indicates the prices for the concerned CLASS in such a manner that an average wary observer may easily read and classify them and in a clear and prominent manner. Prices may change from time to time, but changes will not affect any ORDER, which has been accepted.
      7. Although we have made every effort to be as accurate as possible in describing our SERVICES / the service of a CLASS, please be aware that they may vary from time to time or that they may be incorrectly priced or inaccurately described.

 

  • Use of our WEBSITE, of our SERVICE and attending a CLASS

 

      1. The student is responsible for choosing the level and the TEACHER in the ORDER.  The student can change a CLASS before three lessons have been concluded. However, the student can quit a CLASS and get a full refund before the second lesson has been concluded. The withdraw form and the change of class request form, are available at the student’s profile page.
      2. The student must follow the TEACHER’S rules and directions. The student has to be polite and in a quite environment. 
      3. You respectively the student may not use our WEBSITE or any of the content in it or our SERVICE – especially act during CLASS – for any purpose or in any way:
          1. that is unlawful, including, without limitation, for any purpose or in any way which is defamatory, obscene, seditious, offensive, pornographic, abusive, profane, sexist, homophobic, deceptive, liable to incite racial hatred, discriminatory, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy;
          2. that we reasonably consider would cause offence, annoyance, inconvenience or embarrassment to any person; or
          3. that constitutes or encourages conduct that is or we reasonably consider may cause a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party; or
          4. that is technically harmful (including, without limitation, hackings, computer viruses, logic bombs, Trojan horses, worms, phishing, spoofing, denial of service attacks, harmful components, corrupted data or other malicious or harmful data, program or content); or
          5. that constitutes an advertisement, survey or contest.
      4. The use of alcohol, tobacco, drugs, is strictly prohibited during class. Discrimination against one’s culture, religion, sexual orientation, is not tolerated. Racism is not tolerated. Sexual abuse is not tolerated.
      5. If the student does not comply with the rules the TEACHER holds the right to expel the student – this without any consequences concerning the fees.
      6. If the student feels there is something wrong with the way the CLASS is taught he/she should report it. If the student thinks there is a malfunction on the WEBSITE or in our system he/she needs to report it to the tech support. If a student feels offended by a TEACHER or a fellow student he/she should report it immediately. See for complaints 9.
      7. If the student encounters problem with his/her internet provider, we nor the TEACHER are not responsible. The lesson will not be cancelled. The student will have the chance to watch the lesson she/he missed online.
      8. Unless you have our express prior written permission you are only permitted to download and print content from our WEBSITE or during CLASS, for your own non-commercial use and only provided that:
          1. You do not modify the content;
          2. You do not use the graphics separately from any accompanying text;
          3. You ensure that our copyright and trade mark notices appear in all copies; and
          4. You do not reproduce, transmit or store content from our WEBSITE to, or make any content from our WEBSITE appear to be part of, any other website or form of electronic database or retrieval system.
      9. Unless otherwise stated, all trade marks, copyright and other intellectual property rights on our WEBSITE and its content are owned or permitted to be used by us. No use may be made of the intellectual property rights without the owner’s express permission.
      10. We will fully co-operate with any law enforcement authorities or court or other authoritative order or any other request, with which we consider it lawfully necessary to comply, requesting or directing us to disclose the identity of or locate anyone using our WEBSITE and / or SERVICE and / or attending a CLASS.
      11. If you are uploading material and/or information on our WEBSITE or during CLASS, you guarantee and you grant us a non-exclusive right, not limited in time and place, to use the material and/or information in accordance with all current and future exploitation rights, including the granting of all rights to use, copy, publicly perform, publicly display, reformat, translate, take excerpts (in whole or in part) and communicate the data and works uploaded for commercial, advertising or other purposes, for the preparation of derived works or the incorporation of such contents in other works and for granting and authorizing (sub-)rights to use works. Furthermore, we shall have the right to make copies of all contents in such a way as it deems necessary to facilitate posting, storing and managing the contents. In this context you explicitly resign from enforcing any monetary or other claims and considerations against us and you shall bear any and all levies and charges to the collecting societies and shall fully indemnify and hold us harmless. You guarantee that all uploaded data and works (i) are your own intellectual property and/or you haven been granted all respective rights by the holders of the rights, (ii) are not encumbered with any third-party rights whatsoever, and (iii) do not infringe in any way any relevant legal provisions whatsoever or the general principles of decency and ethics. In the event that the aforementioned guarantee is violated, you shall fully indemnify us for any damages whatsoever arising out of such violation, including but not limited to third-party claims.

 

  • Placing an ORDER on our WEBSITE

 

    1. You can place your ORDER in the following languages: English, Spanish, Greek, Chinese, Portuguese (Brazilian) – click on the regarding “Language-Button”.
    2. Even if a child / minor will be using the SERVICE / will be attending a CLASS, all ORDERS have to be placed by somebody that is over 18 years old and capable of entering into legally binding contracts. By placing an ORDER you guarantee that the before said is met.
    3. The following technical steps have to be taken in order to place an ORDER:
        1. You choose the language of your preference. You choose between private, group and group on demand.
        2. For private you press on the “private” button. Then press “continue” under the teacher’s schedule table. In the new page select the days and hours you want, then select from the options when to start the lessons, and finally select how many times per week you want have a lesson. You can choose between 1, 2, 3, or 4 lessons per week. Press the subscribe button. Fill in the form and complete your purchase/subscription. Private lessons are charged weekly. You can cancel your subscription at any time by pressing the cancel button on your profile page.
        3. For on demand groups, you press on the “on demand button and fill in and submit the request form. On demand groups are registered under one name and that person will be charged.
        4. For group classes you press on the ”group” button. You choose the group that suits your level and press the continue. Group classes are offered on specific dates and times by specific teachers and for a specific period lasting from 1 to 9 months depending on the course. If you agree with the specific schedule and course description click the subscribe button. Complete your subscription/purchase. Group classes are charged monthly for as long as the class lasts; you can do so with several CLASSES; please note that each CLASS is performed by the concerned TEACHER that is mentioned in the description of the CLASS and the ORDER is an offer to conclude a TEACHING CONTRACT with the concerned TEACHER.
        5. Children from 7 to 13 years old can only participate in the groups that are specifically designed for children in the KIDS section of the website. Parents and guardians are responsible for registration and payments, log in the classroom, emailing potential homework, and occasionally contacting the teacher. Kids can participate in group classes, private, or demand. The steps in placing an order for Kids are the same as stated above.

 

        1. concerning each ORDER you have to explicitly declare if you want the TEACHER to provide the CLASS before the withdrawal period in terms of 6 by ticking the checkbox concerning “CLASS shall be rendered immediately; you acknowledge the consequence concerning the Right to Withdrawal described in 6.4 (ii) (reimbursement of payments) and 6.5 (you will lose your Right of Withdrawal once the TEACHING CONTRACT has been fully performed) of the TERMS.”

 

          1. If you are not already registered / logged in, you have to follow the regarding procedure on the WEBSITE to register your data respectively to log into your ACCOUNT;
          2. the “Shopping Basket” for your ACCOUNT will be displayed on the WEBSITE. The “Shopping Basket” by showing the chosen CLASSES and the concerning price etc offers the technical means for detecting and correcting input errors prior to placing your ORDER.
          3. You place the ORDER by clicking on the button “BINDING ORDER”. By clicking on that button you are acknowledging that payment for the TEACHING CONTRACT(S) can be requested and taken on our behalf.
      1. After you place an ORDER, you will receive an e-mail from us acknowledging that our server has received your ORDER. Your ORDER includes an offer to us to act as an agent for you and for the TEACHER for concluding a TEACHING CONTRACT. However, please note that this does not mean that we respectively the TEACHER have accepted your ORDER for a TEACHING CONTRACT. At this stage, or at any point up to acceptance of your ORDER, your ORDER for a TEACHING CONTRACT may be rejected. Reasons for non-acceptance may be if the concerned CLASS is not available or has been incorrectly priced. We will endeavour to inform you of non-acceptance as soon as possible, usually by email. The acceptance of your ORDER – and therefore the conclusion of a TEACHING CONTRACT with the TEACHER – will only take place at the time you are notified by email expressly stating that the TEACHER has accepted our ORDER; in this email we will attach the accepted ORDER and these TERMS and your possible declaration and acknowledgement concerning the immediate performance of the CLASS in terms of 3.3 4 and 5.3 (iivi).
      2. If we discover that your ORDER is based on an error in the price or in a description of a CLASS on our WEBSITE that is inaccurate we will inform you of this error and we will give you the option of purchasing the CLASS at the correct price or description or cancelling your ORDER. We – on behalf of the TEACHER – will not process your ORDER until we have your instructions. If we are unable to contact you using the contact details you provided during the ORDER process, we will – on behalf of the TEACHER – treat the ORDER as cancelled. If, at the time the TEACHER does not accept the ORDER, you have already paid for the CLASS, we / the TEACHER will refund you the full amount as soon as possible and without undue delay. The before said is only applicable provided the TEACHER has not accepted your ORDER yet.
      3. You will be able to access your ORDER respectively your TEACHING CONTRACT through our WEBSITE, or your ACCOUNT later.

 

  • Information concerning the exercise of the Right of Withdrawal

 

      1. You have the right to withdraw from the TEACHING CONTRACT within 14 days without giving any reason.
      2. The withdrawal period will expire after 14 days from the day of the conclusion of the TEACHING CONTRACT – see 5.4. To meet the withdrawal deadline, it is sufficient for you to send us (on behalf of the TEACHER) your communication concerning your exercise of the Right of Withdrawal – see 6.3 – before the withdrawal period has expired.
      3. To exercise your Right of Withdrawal, you must inform us (on behalf of the TEACHER) of your decision to withdraw from the TEACHING CONTRACT by an unequivocal statement (e.g. a letter sent by post, e-mail – see 1.1). You may use the attached model withdrawal form, but it is not obligatory.
      4. Effects of withdrawal:
          1. If you withdraw from the TEACHING CONTRACT, we (on behalf of the TEACHER) shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the TEACHING CONTRACT. We will carry out such reimbursement on behalf of the TEACHER using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
          2. If you withdraw from the TEACHING CONTRACT after having requested to begin the performance of the CLASS during the withdrawal period, you shall pay an amount, which is in proportion to what has been provided until you have communicated us your withdrawal from the TEACHING CONTRACT, in comparison with the full coverage of the CONTRACT. If the total price is excessive, the proportionate amount shall be calculated on the basis of the market value of what has been provided.
      5. You do not have a Right of Withdrawal from the TEACHING CONTRACT concerning the SERVICES in the following circumstances:
          1. the CLASS has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your Right of Withdrawal once the TEACHING CONTRACT has been fully performed – see 5.3 (vii);
          2. if the SERVICE consists of the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your Right of Withdrawal – see 5.3 (ivi).

 

  • Payments

 

      1. You may pay for the ordered SERVICES / CLASS by the methods of payment displayed on the “Payment Details” section of our WEBSITE at the time of placing the ORDER. At the moment payments are done exclusively with paypal and credit cards.
      2. Payment via the payment option you choose may take place any time after we (on behalf of the TEACHER) acknowledge your ORDER for the SERVICE / the entire CLASS in advance. If, for whatever reason in your sphere, payment is not made we may choose to exercise the right (on behalf of the TEACHER) to rescind the (TEACHING) CONTRACT by virtue of total failure on your part to comply with your obligation to pay.
      3. In case of late payment default interest of 8% above the European Central Bank’s basic interest rate shall be charged irrespective of your default. You shall bear or refund any and all costs and expenses in connection with the recovery of payment such as collection costs and late payment notice charges determined by tariffs which are required for asserting the respective legal rights, like in particular legal reminders.
      4. Please note that we are entitled to invoice the CLASS based on the TEACHING CONTRACT in the name of the TEACHER.

 

  • Our / TEACHER’s liability

 

      1. We / TEACHERS are not liable for any success of the classes. Such success depends mainly on the student. We / TEACHERS are not liable for acts of co-students etc.
      2. We / TEACHERS are in any case not liable except for gross negligence or intent. The liability for indirect damages etc or force majeure or events outside our / TEACHERS’ control are excluded. We / TEACHERS do not in any way exclude or limit our liability for personal injury caused by negligence or rightful claims based on the Product Liability Act and any other mandatory provision.
      3. Pursuant to the applicable law, no legal guarantee applies on services and therefore also not on our SERVICES / the CLASS. We / TEACHERS do not issue any commercial guarantees concerning our SERVICES / the CLASS.

 

  • Complains

 

    1. If you have any complaints concerning the SERVICES / the CLASS, please contact [email protected] We will handle your complaints (also on behalf of the TEACHER) as follows: .

 

  • Final provisions

 

    1. The court of Vienna, Austria, shall have exclusive jurisdiction on the CONTRACT and / or the TEACHING CONTRACT. This provision does not apply to consumers.
    2. If any provision of these TERMS is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these TERMS which shall remain in full force and effect. The invalid provision shall be replaced by a provision coming as close as possible to the economic purpose of the invalid provision.

 

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

 

To CRAST, Bulgaria, 1142 Sofia, 9 Fridtjof Nansen, 5th floor,  and e-mail address: [email protected] (on behalf of the TEACHER)

 

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) TEACHING CONTRACT for the provision of the following CLASS: __________________________________

The CLASS was ordered on __________________________

Name of consumer(s): ______________________________

Address of consumer(s): ____________________________

Date: ______________________

Signature of consumer(s) (only if this form is notified on paper),

 

(*) Delete as appropriate.

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