Online platform www.PowerEnglishByLana.com for learning English and communication skills (“PowerEnglishByLana”, “Platform”,“we,” “us,” or “our”), welcomes you.
This Agreement describes your rights and responsibilities and states the terms and conditions under which you may use this website. Please read this document carefully. The term “you” as used herein refers to all individuals and/or entities accessing the Platform for any reason. By continuing to use the Platform, you are indicating your acceptance to be bound by the terms and conditions of this Agreement between you and PowerEnglishByLana. If you do not accept the terms and conditions stated here, PowerEnglishByLana is not willing to allow you to use the Platform and you should immediately stop using the Site.
PowerEnglishByLana may modify this Agreement from time to time and such modification shall be effective upon posting by PowerEnglishByLana on our Platform. You agree to be bound to any changes to this Agreement when you use our Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
By using the PowerEnglishByLana Services, you represent and warrant that (a) all registration information you submit is truthful, full (no abbreviations), and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the PowerEnglishByLana Services does not violate any applicable law or regulation.
This Agreement shall remain in full force and effect while you use our Services or are a Registered User or a Member.
You may terminate Your use of the Services at any time, either by ceasing to access them, or by deleting Your Account. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Services and Content. Any accrued rights to payment and all representations and warranties shall survive termination.
Description and use of the Platform
PowerEnglishByLana is a webshop owned by company Language coaching d.o.o.. Jeronima Kavanjina 24, 10 000 Zagreb, Croatia, EU. Tax No.: 76978835042; Personal Identification No. (OIB): OIB: 76978835042. Company is registered at the Commercial court of Zagreb. E-mail: email@example.com. Bank account No./ IBAN: HR2524020061100795154.
It is an online educational Platform structured with lessons on a variety of subjects, each lesson consisting of a video tutorial, video or audio follow-up and an interactive test. Some videos and lessons are free-of-charge, whereas most of them require purchase to be accessed.
We provide Visitors and Registered Users with access to the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Platform. No sign-in is required for Visitors. Visitors can: (i) view all publicly-available content on the Platform; and (ii) email us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through our Platform; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Platform; (iv) post comments and other content on the Platform (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the PowerEnglishByLana community.
PowerEnglishByLana is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, PowerEnglishByLana may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated this Agreement.
The Platform is only available for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. Our Services can be purchased by any natural person with legal capacity over 18 years. According to Article 43 of the Consumer Protection Act, an agreement in the name and on behalf of an underage or incapable person can be concluded only by their legal representatives or any capable person with the consent of their legal representatives. If you become aware that your child has provided us with personal information without your consent, please contact us at firstname.lastname@example.org. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we take steps to remove such information and terminate the child’s account.
To registrate, you need to enter your e-mail, name and surname (“Unique Identifiers”) and a password. With your Username and a password you sign in. You may also create your Account to overview your purchases. The details you provide are not visible nor available to anyone. You are solely responsible for the confidentiality and use of your sign-in name, password, and unique identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a password or sign-in name, or change any unique identifier. We reserve the right to delete or change your password, sign-in name, or unique identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
Password Use and Security
If you use a password to access a Service, you must not reveal your password and must take reasonable steps to keep your password confidential and secure. You agree to immediately notify PowerEnglishByLana if you become aware of or have reason to believe that there is any unauthorized use of your password or account or any other breach of security. PowerEnglishByLana is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security.
Prices and Payment
Price for a single lesson for a purchase of one to four lessons is 7,50 EUR. This includes all taxes, commissions and VAT (25%). No additional fees or costs are charged.
Price for a single lesson for a purchase of five or more lessons is 5,50 EUR. This includes all taxes, commissions and VAT (25%). No additional fees or costs are charged.
Prices are expressed in currency EURO and are valid for the whole world.
You can browse through our lessons and once you select the desired lessons you wish to purchase, click “Add to Cart”. In the Cart you have an overview of all lessons and services you have selected so far, prices and quantities, as well as the total amount of order (with VAT included).
Our third-party payment processor – PayPal – shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process. All payments will be charged and made in your local currency. Prices expressed here and next to each lesson include all taxes, commissions and VAT (25%). No additional fees or costs are charged.
Once You purchase selected lessons, You will receive an e-mail with a link to acess the selected lesson. You will need an Internet connection to access the lessons. As there are no downloads, the speed and the quality of accessing the lessons depend on Your Internet setting.
We will be sending you vouchers with discounts if you sign up for our Newsletters and Notifications.
We will also be uploading the Platform with new lessons monthly.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your sign-in name or password). You hereby authorize PowerEnglishByLana to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Prices, terms of payment and special offers are subject to change and are subject to change without notice. The validity of the special offer-the term and conditions of promotion, which are distinguished from each other, are provided with any such offer. PowerEnglishByLama/ Seller reserves the right to information about the change or accuracy of prices, as well as providing opportunities to the customer to confirm or cancel your order.
Consumers Rights / Claims
PowerEnglishByLana complies with the Code of EU Online Rights (“Code”) and all Rights and Principles of Consumers, that is, users and visitors to the Platform, according to the Code of EU Online Rights.
We kindly ask you to refer to the respective Code, particularly in regard to the following Chapter that states: “Consumers in the EU have at least seven days to change their mind about goods or services they have ordered online from a trader. For goods, the withdrawal period starts from the date of delivery, for services in general from the date the on-line order was placed. Consumers can then withdraw from the contract without penalty and without giving any reason. Reimbursement of sums paid must be carried out as soon as possible and in any case within 30 days. The only charge that can be made to the consumer in this case is the direct cost of returning the goods.
This right does not apply, however, if the provision of a service has begun, with the consumer’s agreement, before the end of the seven working day period for the exercise of the right of withdrawal; for accommodation, transport, catering or leisure services, unless the date or period of this service is open and not specified; or goods or services the price of which is dependent on fluctuations in the financial markets which cannot be controlled by the supplier; for personalised or ‘tailor-made’ goods; for the supply of goods which are liable to deteriorate or expire rapidly; for the supply of audio or video recordings or computer software which were unsealed by the consumer; for the supply of newspapers, periodicals and magazines; for gaming and lottery services. In the case of buying financial services online consumers can withdraw from the contract within 14 days without any penalty and without giving any reason.This right does not apply, however, to financial services whose price depends on fluctuations in the financial market outside the supplier control; travel and baggage insurance policies or similar short-term insurance policies of less than one month’s duration; contracts whose performance has been fully completed by both parties at the consumer’s express request before the consumer exercises his right of withdrawal.”
Thus, the consumer / buyer cannot exercise their right to withdrawal /unilateral termination of the Agreement made remotely (article 79 of the Law on Consumer Protection), since the service / education is provided at specific date or within a specific period.
The exclusion of the right to unilateral termination of the contract (article 79 of the Law on Consumer Protection):
- the Seller has fully met the contract on service provision, and the fulfillment began with the explicit prior consent of the buyer / consumer, and with the confirmation that he/she is familiar with the fact that they will lose the right to unilateral termination from this section if the service is fully met;
- subject of the contract delivery of sealed audio recordings or video recordings or computer software which were unsealed after delivery;
- subject of the contract is a delivery of digital content which is not supplied on a physical medium, if the execution of the contract started with the explicit prior consent of the buyer / consumer, and with the confirmation that he/she is familiar with the fact that by this he/she will lose the right to unilateral termination of the contract.
PowerEnglishByLana shall not refund fully or partially any amount to any Registered User once the purchase is done. Claims based on a subjective complaints to a purchased lesson, or any claims on its shortcomings etc. shall not be considered as grounded for refund.
Furthermore, we do not guarantee for the performance of your Internet connection, as the speed and the quality of accessing the lessons depend on Your Internet setting. Once purchased, You will receive an e-mail with a link to access the selected lesson stored at our server.
If you want to complain about any aspect of the purchased lesson, in accordance with Ar. 10 of the Consumers’ protection Act of Croatia and the EU Directive on Consumer Rights, the Platform, i.e, this Webshop, enables you to send your written complaints or claims to e-mail email@example.com. We / Seller agrees to respond in writing to complaints within 15 days from receipt of the complaint.
Copyright and Intellectual Property
Unless otherwise set out herein, content comprised within the Services, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio recordings, images, applications, programs, interactive tests, computer code and other information (collectively, the “Content”),
including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by PowerEnglishByLana, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws. The Content may be owned by us or third parties. The Content is protected under both Croatian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be retransmitted without our express, written consent for each and every instance.
Except as otherwise provided in any additional terms for a Service, you may print or download Content from the Services for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Platform), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of PowerEnglishByLana. PowerEnglishByLana retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited. You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, or products or services obtained from the Services, in any medium to anyone, except as otherwise expressly permitted under this Agreement, or any relevant license or subscription agreement or authorization by us.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.
You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in the systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Services or any other person’s use of the Services. If the Services contain robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any PowerEnglishByLana server, or any of the products or services provided on, accessed from or distributed through the Services. You may not probe, scan or test the vulnerability of the Services or any network connected to the Services or breach or attempt to breach the security or authentication measures on the Services or any network connected to the Services.
You may not, without the approval of PowerEnglishByLana, use the Services to publish or distribute any advertising, promotional material, or solicitation to other users of the Services to use any goods or services. For example (but without limitation), you may not use the Services to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Services to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the PowerEnglishByLana Services in a way that constitutes copyright infringement, please provide os with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the PowerEnglishByLana Services; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have, in good faith, a belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please send the notice in written form to our official e-mail or post address. We shall respond within 15 days from the date od receipt of such notice.
Disclaimer of Warranties and Liability
We provide the Services using a commercially reasonable level of skill and care, but neither PowerEnglishByLana nor its suppliers or licensors make any specific promises about the Services, including the Content or any aubmission therein. For example, we don’t make any commitment that the operation of the Services will be uninterrupted or error-free; that any defects will be corrected; that the Services, including the server that makes them available, are free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content or submission provided on, accessible from or distributed through the Services.
PowerEnglishByLana is not responsible for any incorrect or inaccurate Content posted on the Platform or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. PowerEnglishByLana does not guarantee the efficacy of its learning content & material. Other provisions may be added to qualify the company’s liability to the presentation of effective quality education and training material. Profiles created and posted by Users or Members on the Platform may contain links to other websites. PowerEnglishByLana is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by PowerEnglishByLana. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by PowerEnglishByLana. When you access these third-party sites, you do so at your own risk. PowerEnglishByLana takes no responsibility for third party advertisements which are posted on this Platform or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. PowerEnglishByLana is not responsible for the conduct, whether online or offline, of any User of Services. PowerEnglishByLana assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. PowerEnglishByLana is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall PowerEnglishByLana be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at our event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and PowerEnglishByLana expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PowerEnglishByLana cannot guarantee and does not promise any specific results from use of the Platform.
Limitation on Liability
IN NO EVENT SHALL POWERENGLISHBYLANA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF POWERENGLISHBYLANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, POWERENGLISHBYLANA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO POWERENGLISHBYLANA FOR THE POWERENGLISHBYLANA SERVICES DURING THE TERM OF MEMBERSHIP.
You hereby agree to indemnify and hold PowerEnglishByLana, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys’ or legal fees, arising out of or in connection with your violation of this Agreement, and your use of or inability to use any of the Services or the Content or submissions.
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
Compliance with Applicable Laws
The Platform is based in Croatia, EU. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the EU. If you access the Platform or the Content from outside of the EU, you do so at your own risk. Whether inside or outside of the EU, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Any organisation that wishes their members (employees, students, etc.) to take advantage of PowerEnglishByLana resources are welcome, at no charge, to link to theour Platform.
Termination, No Waiver, No Assignment
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.
Neither failure nor delay on the part of PowerEnglishByLana to exercise or enforce any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
You may not assign your rights or obligations under this Agreement to anyone.
Any license granted to you to use any Service is effective until it expires, until PowerEnglishByLana terminates it, or until you provide notice to PowerEnglishByLana of your decision to terminate it. Your rights under the license will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. PowerEnglishByLana reserves the right to suspend, discontinue or change a Service, or its availability to you, at any time without notice. Upon termination of the license to a Service, you shall cease all use of the Service.
This Agreement and any action related thereto will be governed by the laws of the Republic of Croatia without regard to its conflict of laws provisions.
You agree to comply with relevant laws and regulations that apply to your use of the Services, Content or any submission.
If any provision in this Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
All matters relating to your access to or use of the Services, including all disputes, shall be governed by and construed in accordance with the laws of The Republic of Croatia, without regard to its conflicts of law principles, except if you reside outside of the European Union, then the laws of the country of the PowerEnglishByLana regional office in the region where you reside will apply. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in Zagreb, The Republic of Croatia, except if you reside outside of the European Union, then the courts located in the country of the PowerEnglishByLana regional office in the region where you reside will have exclusive jurisdiction. Any claim arising out of or in connection with your use of or inability to use the Service or the Content must be brought within one (1) year after the event or such claim is barred.
Consumers have rights when using online services, buying goods online, and in case of conflict with their providers. In December 2012, the Commission published the Code of EU Online Rights (“Code”) describing the basic consumers rights in EU legislation related to the digital environment.
PowerEnglishbyLana (Language coaching d.o.o..) obliges to protect personal data of customers, in a way that it collects only necessary, basic information about customers / users that are necessary for fulfilling our obligations; inform customers about the way we collect information and regularly give customers a choice about how their data, including the decision whether or not to have their name removed from lists used for marketing campaigns. All user information is strictly confidential and are available only where such information is necessary to do the job. All employees of and business partners of PowerEnglishbyLana (Language coaching d.o.o..) are responsible for respecting the policy.
The company undertakes maximum security measures to protect the interests of customers and preventing potential misuse of information and can not be held responsible for the misuse of which can not be determined to have arisen as a result of technical security vulnerabilities of web shops or omissions of employees of PowerEnglishbyLana (Language coaching d.o.o..).
By concluding the order you acknowledge that you are aware of all the sales and payment terms specified herein, that are at the registration on them were warned and accept them.
Online Platform for settlement of disputes
According to special regulation of the European Union, from 15.2.2016 all EU disputes related to online purchasing can be resolved via the ODR platform which can be accessed here. (Http://ec.europa.eu/odr). If you encounter a problem during online purchases within the EU, a complaint can in a faster and easier way be submitted by the link above.
The Platform can be used by both consumers and traders, a complaint can be filed in any of the 23 official EU languages.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Communications with Us
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
Language coaching d.o.o.
Jeronima Kavanjina 24
10 000 Zagreb, Croatia