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Terms of Service

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Acceptance of Terms of Service and Conditions.

By registering or using any Service provided by OFRENCH.COM (“The Web site”) you are agreeing to accept the following terms and conditions which govern access and your use of the OFRENCH.COM web site. By using OFRENCH.COM you also accept the terms of our Privacy Policy. The terms and conditions shall constitute a legal agreement between you and Ofrench, (“The Owner”) of OFRENCH.COM with respect to the Services provided through the Web site and shall be binding in all circumstances.

OUR SERVICE – TO HELP YOU UNDERSTAND WHAT TO EXPECT FROM US.

OFRENCH.COM (“The Web site”) is an online market place designed to facilitate the provision of online language lessons and tuition (“Language Training Service(s)”) by independent freelance language teachers (“Language Teachers”) to purchasers of Language Training Services (“Language Students”). Language Students should be aware that neither OFRENCH.COM, The Owner or any employee thereof is responsible for the provision, quality, accuracy, timely completion or legality of any Language Training Service provided by a registered Language Teacher at the request of a Language Student.

By registering or using any Service provided by OFRENCH.COM, Language Students acknowledge that the OFRENCH.COM web site functions solely as an intermediary to facilitate the provision of Language Training Services between independent Language Teachers and Language Students.

By registering or using any Service provided by OFRENCH.COM, Language Students acknowledge that neither OFRENCH.COM nor the Owner are party to any contract, or agreement, for the provision of Language Training Services by Language Teachers to Language Students. Language Students further agree that they shall not hold the Owner or OFRENCH.COM liable for the provision, quality, accuracy, timely completion or legality of any Language Training Service provided by a registered Language Teacher.

Language Students acknowledge and agree that neither OFRENCH.COM nor the Owner is liable for any loss or damage which may be incurred through use of the OFRENCH.COM web site, or as a result of any reliance placed by Language Students on the accuracy or completeness of any Language Training Service provided by a registered Language Teacher.

OFRENCH.COM and the Owner take reasonable measures to ensure that only high quality Language Teachers are permitted to provide Language Training Services through the OFRENCH.COM web site. All Language Teachers are required to submit a detailed profile to OFRENCH.COM including details of their language teaching qualifications and experience which must be approved before a Language Teacher is permitted to accept Language Students. Neither OFRENCH.COM nor The Owner are responsible for checking the validity of any individual registered Language Teacher’s qualifications or background and make no guarantees as to the accuracy of information supplied to ourselves by Language Teachers.

GENERAL TERMS – ALL USERS

This agreement may be changed at our discretion at any time and it shall always be the responsibility of the User to ensure that they are fully aware of the terms and conditions of use. Continued use of the OFRENCH.COM web site will be deemed to constitute acceptance of any variation of the terms and conditions of use.

In order to use the Service(s) provided by OFRENCH.COM both Language Teachers and Language Students will be required to register an online account (“Contact info”).

It is the sole responsibility of each registered Language Student and each registered Language Teacher to ensure that all personal details, including contact email addresses are up to date and accurate at all times. By accepting these terms and conditions all Users hereby release OFRENCH.COM and Ofrench from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to inaccurate personal information being held on the OFRENCH.COM web site, systems and supporting infrastructure and hardware. All Users are solely responsible for the content and accuracy of any information published by them on OFRENCH.COM. Neither OFRENCH.COM nor the Owner is liable for any loss or damage which may be incurred through reliance on any information published on the OFRENCH.COM web site by any registered User.

OFRENCH.COM and the Owner reserve the right to suspend or terminate the membership of any registered User for any reason. No refunds, payments or compensation of any kind will be paid to registered Users whose registration has been terminated due to breach of these terms and conditions.

Language Teachers may end their membership at any time subject to the timely completion of any outstanding Language Training Services they have accepted to undertake on behalf of a Language Student.

Language Students may end their membership at any time but shall remain liable to the Owner for any monies outstanding in connection with Language Training Services carried out at their request by a Language Teacher.

GENERAL USER RESPONSIBILITIES

All registered Users agree not to post, distribute, publish or by any other means transmit material which is offensive, including offensive language, photography or any other material of an offensive or sexual nature. Breach of this condition by any member will result in termination of that members registration and may result in the appropriate authorities being notified.

All registered Users agree not to post, distribute, publish or by any other means place any computer code on the OFRENCH.COM web site which directly or indirectly links to another web site without our express permission.

All registered Users agree not to distribute or share their Username details with any other individual or company for the purposes of allowing others to utilize the services provided through OFRENCH.COM.

All registered Users warrant and self certify that they can form legally binding contracts under their applicable law.

All registered Users will defend, indemnify, and hold harmless OFRENCH.COM and The Owner, its officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities and expenses (including legal fees) relating to or arising out of your use of OFRENCH.COM.

All registered Users agree that neither OFRENCH.COM nor The Owner will be liable for any incidental, consequential, or indirect damages (including, but not limited to, any deaths, threats, torts or injuries committed by any other registered User, damages for loss of data, loss of programs, cost of service interruptions or procurement of substitute services) directly or indirectly arising out of the use or inability to use the Language Training Services provided through OFRENCH.COM.

You will not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks or other protected proprietary information without the express written consent of the Owner of such materials.

STUDENT REGISTRATION

When registering as a Language Student you will be required to provide personal information not limited to your full name; your email address; your local time zone (if applicable). By registering an account you are confirming that you are over 16 years of age and that you accept the terms and conditions of use. To use the OFRENCH.COM platform you will also be required to setup a Skype account so that we may connect you to your chosen Language Teacher.

Use of any information supplied by you will be in accordance with the web site privacy policy. For the duration of your membership you agree to be bound by the terms and conditions of use.

TUTOR REGISTRATION

When registering as a Language Teacher you will be required to provide personal information not limited to your full name; your email address; your date of birth; your native language; your address; your country of residence; your province; your skills; your availability for teaching; your local time zone (if applicable) and where you heard about us. You will also be requested to confirm that you are over 18 years of age and that you accept the terms and conditions of use. To use the OFRENCH.COM platform you will also be required to setup a Skype account and notify ourselves of your Skype name as a condition of listing a tuition profile on OFRENCH.COM.

Following registration Language Teachers will be required to create a detailed profile containing additional information concerning their background, language teaching experience, qualifications and teaching approach, which will enable Language Students to make an informed choice. All Language Teachers are required to submit their completed detailed profile to OFRENCH.COM which must be approved before a Language Teacher is permitted to accept Language Students. OFRENCH.COM reserves the right to make minor amendments, corrections and alterations to Language Teacher profiles for the purposes of ensuring that Language Teacher profiles are presented in a professional manner.

Use of any information supplied by you will be in accordance with the web site privacy policy. For the duration of your membership you agree to be bound by the terms and conditions of use.

Tutor who registers on the site give express permission to OFRENCH.COM that their profile remains visible on the site for at least 24 months. In case Tutor won’t want to teach French anymore via OFRENCH.COM, his/her profile will still remain visible on the site with an empty work planner, for an additional 12 months span, after OFRENCH.COM has received express order from Tutor.

LANGUAGE STUDENTS – BOOKING AND PAYMENT

By accepting these terms and conditions, all Language Students agree to book lesson time with registered OFRENCH.COM Language Teachers through the OFRENCH.COM Web site and to the payment of all Lesson Fees due to Ofrench for facilitating any such bookings.

All lessons must be scheduled using the OFRENCH.COM system by a Language Student selecting an available lesson time from a Language Teacher’s online work planner and completing the booking process.

Failure to adhere to the booking procedure stated above, and in particular any action whatsoever taken by a registered Language Student to arrange tuition time with a registered OFRENCH.COM Language Teacher through any other means such that a Lesson Fee is not paid to Ofrench, may result in the termination of both that Language Student’s membership and that of the Language Teacher concerned, and or legal action against that Language Student or the Language Teacher concerned for recovery of any monies deemed owing to Ofrench.

All registered Language Students agree to Ofrench acting as agent for them for the purposes of booking tuition with a particular Language Teacher on their behalf. All Booking Fees charged by Ofrench in connection with the booking and scheduling of lessons with registered Language Teachers are due solely from the registered Language Student who made the booking. This condition shall not however restrict Ofrench’s ability to seek to recover any monies owed to the company from either the registered Language Teacher or the Language Student concerned.

LANGUAGE STUDENTS – REFUNDS – CANCELLATION – RESCHEDULING

Should a registered Language Student be unable to attend a booked lesson or lessons, that Language Student may reschedule the booked lesson or lessons to any other available time with the same Language Teacher at no cost or penalty providing at least 12 hours notice can be given to the Language Teacher concerned. A booked lesson can be rescheduled only once and cannot be rescheduled less than 12 hours before the lesson is due to commence. Cancellation and/or failing to attend a scheduled lesson, or attempt to reschedule a booked lesson more than once by a registered Language Student will result in the forfeit of the Lesson Fee paid in respect of the cancelled lesson or lessons and no refund will be made by either OFRENCH.COM or Ofrench to the registered Language Student in respect of the cancelled lesson or lessons.

Registered Language Students are entitled to a full refund of the Booking Fee(s) paid in respect of a lesson or lessons which are cancelled by a Language Teacher, and in respect of a lesson or lessons where the Language Teacher fails to attend the lesson in its entirety. In such circumstances refund requests should be directed by the Language Student concerned to customer services stating the full details of the lesson concerned including the date and time of the lesson(s), Language Teacher and nature of the complaint. Following verification of the complaint by Ofrench which will include obtaining confirmation of the facts from the Language Teacher concerned, Ofrench will make a full refund of the Lesson Fee(s) paid to the Language Student concerned within 4 to 7 working days.

The full refund of the fees, will take place in the form of a Credit that can be used solely inside OFRENCH.COM platform.
In this case, Ofrench will issue a Credit that equals the amount of the lesson fee. In the event the Student uses his/her Credit to book a Tutor at a lesser hourly rate, the Student will be able to use the remaining credit to book other lesson.

LANGUAGE TEACHERS – GENERAL TERMS

By accepting these terms and conditions all registered Language Teachers hereby agree that by placing an approved profile on OFRENCH.COM they hold themselves out to be willing to contract directly with any registered Language Student, for the supply of Language Training Services. Furthermore, all registered Language Teachers accept that they are solely responsible for the performance, quality and fulfillment of all contractual obligations between themselves and a registered Language Student of OFRENCH.COM in respect of Language Training Services scheduled with them by that Language Student.

By agreeing to these terms and conditions, Language Teachers warrant that they are self employed and therefore responsible for compliance with all income tax and other taxes which they should properly account for under the tax jurisdiction applicable to them.

All registered Language Teachers are paid by Ofrench using PayPal, for lesson(s) given in its entirety. It is solely the responsibility of Language Teachers to ensure that they can receive funds using PayPal in their country of residence.

Language Teachers are expressly forbidden from negotiating or discussing the Lesson Fee either directly or indirectly with a Language Student. The membership of any Language Teacher found to be in breach of this condition will be terminated immediately and no compensation will be paid in respect of any Language Training Service provided to a Language Student by that Language Teacher.

We reserve the right to terminate or suspend the membership of any Language Teacher at anytime.

LANGUAGE TEACHERS – COMPLIANCE WITH BOOKING PROCEDURE

By accepting these Terms and Conditions, all registered Language Teachers agree not to contact any registered OFRENCH.COM Language Student either directly or indirectly for the purpose of arranging tuition time with that Language Student through any mechanism other than the OFRENCH.COM web site. All registered Language Teachers agree not to engage in or promote any activity with the intention of arranging lessons with a Language Student outside of the OFRENCH.COM site. Activity of this nature is specifically prohibited under our terms of service and undermines the trust, security and legitimacy of the OFRENCH.COM marketplace.

All lessons must be scheduled using the OFRENCH.COM system by a Language Student selecting an available lesson time from your online agenda and completing the booking process. As a Language Teacher you are responsible for understanding the correct booking procedure and ensuring that this is followed by Language Students.

Activity specifically not permitted includes:

Communication via email, Skype or other means with the intention to schedule and arrange a lesson with a Language Student in a way which is intended to circumvent our fee structure and avoid the payment of the Lesson Fee to OFRENCH.COM.

Placing contact information (including URL’s and images) on your teacher profile which directly or indirectly promote a service outside of the OFRENCH.COM web site.

Failure to adhere to these terms and conditions by a registered Language Teacher, and in particular any action whatsoever taken by a registered Language Teacher with the objective of privately arranging tuition time with a registered OFRENCH.COM Language Student through any other means such that the Lesson Fee is not paid to Ofrench, may result in the termination of both that Language Teacher’s membership and that of the Language Student concerned, and or legal action against that Language Teacher or the Language Student concerned for recovery of any monies deemed owing to Ofrench.

LANGUAGE TEACHERS – DELIVERY OF LANGUAGE TRAINING SERVICES

All Language Teachers agree to provide high quality Language Training Services to any Language Student in a timely fashion. We reserve the right to terminate or suspend the membership of any Language Teacher who’s rating falls below our required standard being a positive feedback score of 4 stars (out of 5) or higher. We reserve the right to change the required standard at any time.

All registered Language Teachers agree to be fully present and ready to teach on Skype at the correct scheduled time.

LANGUAGE TEACHERS – PROVISION OF STUDENT ANALYTICS AND FEEDBACK

All Language Teachers agree to provide accurate and complete feedback and analysis of each students progress at the end of each lesson. We reserve the right to terminate or suspend the membership of any Language Teacher who fails to provide accurate and complete analysis for their students at the end of each lesson.

LANGUAGE TEACHERS – LESSON CANCELLATION POLICY

Language Teachers may cancel a scheduled lesson with a Language Student at least 22 hours before the lesson is due to commence. In such case, Language Teachers must inform the Administrator of the site ([email protected]) and Language Students. Lessons cannot be cancelled less than 22 hours before the lesson is due to commence. Tutors are requested to refund to Ofrench any amount paid by that Language Student to OFRENCH.COM in respect of the cancelled lesson(s). Upon cancellation of a scheduled lesson a full refund of the Lesson Fee paid by the Language Student to OFRENCH.COM will be issued automatically, in the form of a Credit.

LANGUAGE TEACHERS – WORK PLANNING

As a OFRENCH.COM tutor you are completely free to set your own hours.

Clients can only book time slots which you make available. Your profile will continue to appear in our marketplace if your work planner is empty, but they will not be able to book lesson time.

Tutor who wish to change his/her hours must set it here https://ofrench.com/my-account/manage-availability/

COMMUNICATION BETWEEN USERS

OFRENCH.COM and Ofrench reserve the right to monitor communications between all registered Users for the purposes of ensuring the integrity and security of OFRENCH.COM and to ensure the safety of all Users of OFRENCH.COM. Communications between OFRENCH.COM Users via any of the tools or functions we make available to you (including unopened messages sent via our messaging system) may be monitored by OFRENCH.COM staff for the purposes of preventing fraud, the prevention of abuse of the OFRENCH.COM web site and identifying attempts to avoid or circumvent our Lesson Fee structure.

USE OF SKYPE

By registering or using any service provided by OFRENCH.COM, all Users acknowledge that neither OFRENCH.COM nor the Owner are responsible for the quality of the Skype interface or the quality of communications between a Language Student and a Language Teacher using Skype. Skype is a third party communications solution and is in no way the responsibility of OFRENCH.COM or Ofrench.

DISPUTE RESOLUTION

Neither OFRENCH.COM nor Ofrench is responsible for the quality of Language Training Services provided by Language Teachers registered on OFRENCH.COM.

Language Teachers and Language Students contract directly with each other for the provision of Language Training Services with OFRENCH.COM facilitating the transaction on the part of the Language Student. Where there is a dispute by a registered Language Student over the quality, duration, standard or any other matter whatsoever with respect to a language lesson or any associated Language Training Service performed by a registered Language Teacher, this is a matter to be resolved between the registered Language Student and the registered Language Teacher directly as the two principles to the contract.

No refunds will be made by OFRENCH.COM or Ofrench whatsoever in relation to the quality, duration or standard of the Language Training Service provided, or any other issues which are under the control or influence of the Language Teacher concerned. Any dispute between Language Students and Language Teachers shall be resolved solely by The Owner.

Users hereby release The Owner and OFRENCH.COM from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to any dispute arising between a Language Student and a Language Teacher.

OUR RESPONSIBILITIES TO YOU

OFRENCH.COM and The Owner do not guarantee the accuracy or completeness of any information or content presented on the Web site.

Neither OFRENCH.COM nor Ofrench is responsible for the delivery, quality or performance of any individual language lesson booked through OFRENCH.COM. By registering an account and agreeing to these terms and conditions, both registered Language Students and registered Language Teachers agree that performance of OFRENCH.COM and Ofrench’s contractual obligations to both registered Language Students and Language Teachers in respect of any individual booking will be deemed complete by notification of the details of that booking to the relevant Language Teacher and Language Student concerned via the customer services.

Any Service provided through OFRENCH.COM is on an “as is” basis without any warranties or conditions of any kind, express, implied, statutory, in all communication with OFRENCH.COM, The Owner, its affiliates or its representatives, or otherwise with respect to any Service.

OFRENCH.COM and The Owner and/or its affiliates specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither, OFRENCH.COM, nor The Owner nor its affiliates warrant that your use of any Service provided to Language Teachers or Language Students through OFRENCH.COM will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Web site will be corrected.

OFRENCH.COM and The Owner and its affiliates disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized Users, or “hackers”) of the Web site.

DEFINITIONS

(“Users”) refers to both independent freelance language teachers (“Language Teachers”) and the purchasers of Language Training Services (“Language Students”). A User may be a Language Teacher, Language Student or both.

(“The Web site”) refers to the domain OFRENCH.COM.

(“Language Training Service(s)”) means any service provided by a Language Teacher to a Language Student via the Web site

(“Service(s)”) refers to any service provided by OFRENCH.COM to facilitate the provision of Language Training Services by a Language Teacher to a Language Student.

(“The Owner”) refers to Ofrench; Registered in France; Company No. 2150872

(“Language Teachers”) refers to all registered independent freelance language tutors.

(“Language Students”) refers to any purchaser of Language Training Services through the OFRENCH.COM web site.

(“Contact info”) refers to the registration of Language Students to an online account on the OFRENCH.COM web site.

(“Lesson Fee”) refers to the total fee per lesson.(“Confidential Information”) refers to any information whatsoever and howsoever supplied with the exception of information that is in the public domain or must be disclosed to comply with the law.

MISCELLANEOUS

OFRENCH.COM is owned and operated by Ofrench; Registered in France; Company No. 2150872

LAWS AND REGULATIONS

The provisions of this Agreement shall be governed by the laws of France. The provisions of this agreement are severable and, if any provision of this User Agreement is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced.

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