1.2. EMERY Services (hereinafter, “Services“) shall mean the provision of access to the whole list of Website services or part of its services to the User based on the User’s choice of a specific service package.
1.3. Service Package shall mean a list of Website services the User is granted access to.
1.4. Visitor shall mean an individual who uses the Platform without registering to the Personal Area.
1.5. User (hereinafter, “You,” “Your“) shall mean a Visitor who has registered to the Personal Area and has the right to access a certain Website service package.
1.6. Personal Area shall mean the User’s personal area on the Platform, which contains data about the User and enables Users to interact with the Platform.
1.8. Speaker shall mean an individual who uploads content to the Platform by means of text, audio, video, or other format.
1.9. Content shall mean any information materials, including text, graphics, audio, video, and other materials the User may access throughout the course of using the Services.
1.10. Language Facilitator shall mean an individual who interacts with Users, accepts and makes video calls, and communicates with Users about particular studying-related teaching materials.
1.11. Subscription shall mean the service package selected by the user on the Platform, which the User would like to receive on a permanent monthly basis until the User takes actions reflecting his/her decision to stop or revise the terms of their cooperation with the Platform.
1.12. Trial period – is a period of time during which a User can test the functionality of the Platform free of charge. The duration of Gold trial period is 3 consecutive days and grants free access to the first 3 classes.
1.13. Day shall refer to one calendar day (24 hours) unless otherwise specified.
1.14. Month shall refer to 30 calendar days unless otherwise specified. The 30-day countdown begins from the time of payment. An error within 10 minutes is acceptable.
2.1. The Parties
2.2. Personal Area
During registration, the User shall specify the following:
The Services are available to Users over the age of 13. By registering and accessing the Platform, You confirm that You are over 13 years of age. If you are under the age of thirteen (13), you should not create a User Account or otherwise use Our Services. EMERY shall bear no responsibility in the event that, despite our best efforts, an underage person has made use of our Services.
You are responsible for keeping Your Account information private and secure, in particular, Your login and password information. All actions taken on the Website using Your login and/or password will be considered Your own actions.
You shall confirm and guarantee that You will use the Account and the Services personally.
You shall not share your Account login, password, or grant access to Your Account in any way to any third parties.
In the event of unauthorized access to Your Account, You shall promptly notify us over the phone by calling +357 22 030855 and/or in our support chat on the Platform. If You fail to notify us, You as the lawful owner of the Account, shall be responsible for all actions taken in Your Account, except when the absence of such notification was associated with Your inability to notify us.
2.3. Subject of the service.
Any content access granted shall be used on the Website only and continues to be the property of EMERY and/or its affiliates or parent companies. Any downloading, copying, or use of the content outside the Platform is prohibited.
Access to the internal functionality of the Website is granted on a paid and/or free-of-charge basis (3 consecutive days). At the end of the trial period, You will only be able to access the platform after paying for one of these packages. All information about the functionality of the Platform and the terms of its use is available to the User on the Website. The User agrees that they shall bear sole responsibility for studying the terms of access to the Website.
3.1. Individual classes with the Language Facilitator
The Platform User under the Gold plan has access to an individual online English class with a Language Facilitator (hereinafter, “Video Call“).
3.2. Schedule of classes
The User shall plan their studying schedule at a time that is convenient to the User. The User has 24/7 access to the list of services on the Platform, except for the Video Call service. The Platform will communicate the schedule of work of this service to each individual User. The Platform reserves the right to limit User’s’ access to this service depending on the time of the day and the User’s geographical location.
3.3. Provision of the Services
Services are provided via the Internet using software enabling voice and video communication via the Internet between the User and the Language Facilitator. The Company does not assume liability for any technical failures of the Platform and external services resulting from failures and/or lack of stable Internet connection on the User’s part.
3.4. Waiver of guarantees and technical requirements
EMERY does not accept liability and does not guarantee that technical or other problems will not occur in the course of providing its Services, including failure of the Website and/or any external services that may be used in the course of providing its Services, or that access to its Services will be continuous, fast, reliable, and fault-free; nor does EMERY guarantee that all errors in the operation of the Website or external services will be corrected.
You understand and agree that EMERY does not provide any guarantees and does not accept liability for Your failure to gain access to the Website due to Your lack of technical knowledge for achieving such access, including due to Internet access problems.
EMERY guarantees the quality of its educational content, which is created for the User to master English subject to compliance with the recommendations we provide on the Platform and studying lessons faithfully. However, the Company does not assume responsibility for the compliance of the Services and the content with Your subjective expectations and/or requirements, nor does it guarantee that You will attain those results from using the Services which You expect to attain at the subjective level of perception of the learning process.
EMERY may, at its sole discretion, and at any time, update, modify, suspend, enhance, or stop any aspect of the Platform for a certain period of time or forever.
4.1. Costs and Payment for Services
During the registration process, You will be asked to enter your email address and agree to our policies. After registration, you will complete a free assessment, start learning, and enjoy a free trial of our Gold plan. The trial period for the Gold plan package lasts for 3 consecutive days from the date of registration, providing full access to the first 3 classes.
After the Trial period ends, the User must choose a subscription plan to continue learning on the platform. The User has the right to select a different subscription plan from the one they chose to use during their trial period. Access to the free trial period of the chosen plan will not be granted again. After payment is confirmed, the User will immediately gain access to the platform according to your selected package.
Our platform operates on a rolling, automatic subscription basis. This means that at the end of each month, you do not have to re-enter your information. The fee for the chosen plan is automatically deducted until you cancel the subscription in your personal account. In the case of insufficient funds in the account from which the automatic debit occurs at the time of payment, access to the platform will be blocked. Access will only be restored after payment for the selected plan has been confirmed. Should this occur, the User’s learning progress is not lost. A new subscription period will start from the date that payment is confirmed as received.
Invoices, payment confirmations, dates, and amounts can be viewed in your personal account.
Payment for Services shall be made in the User’s Personal Area. Payment for Services shall be made in the form of 100% advance payment according to the selected Plan (except for the free Trial period). EMERY has the right to withhold subscription Services until payment is received and confirmed. EMERY uses Revolut Merchant services to accept online payments from Users.
The period of subscription shall be determined based on the selected Service Package and may be, respectively monthly after the User has paid for the Service Package.
4.2. Payment procedure for paid Services
The User shall be solely liable for the accuracy of their payments. All fees and charges shall be paid by the User.
By subscribing to the Platform, You agree to pay all due charges (which may be individually agreed upon with EMERY) for relevant services with a debit card, credit card or other form of payment acceptable to EMERY, including VAT (if applicable), as well as all other charges and amounts related to paid Services. Available plans for each of paid Service can be found here: link.
You acknowledge and agree that these charges may change from time to time. Any price changes will be announced on the EMERY Website and will not be applied to subscriptions already paid for and in use (i.e., if You have already subscribed at one price, price changes will not affect Your ongoing subscription. Price changes will only apply to new or subsequent subscriptions you purchase).
EMERY shall not bear liability for the actions or omission of any external payment processor, including without limitation for the system downtime or failure of payment services.
EMERY has the right to change subscription costs for its Services anytime by updating the pricing information on the Website or by notifying Users via email Notification. Active plans are only affected by price changes once the active plan ends or the User chooses to change their chosen plan to an alternative.
4.3. Payment procedure for paid Services
A User of the Silver plan on the Platform has the ability to upgrade their plan to the Gold plan at any time by paying the full cost of the Gold plan through their personal account or at the end of the subscription period by unlinking their payment method from their personal account, re-linking it and paying the cost of the Gold plan.
Access to the full functionality of the new plan will be granted from the moment payment is confirmed. The new subscription period will start from the date of payment and last for one month. Any unused Silver plan time is non-refundable.
A user with the Gold plan on the platform can change their current plan to the Silver plan at any time by unlinking their payment method from their personal account, re-linking it, and paying for the Silver plan. Access to all Silver plan features is granted from the moment payment is confirmed. The new subscription period will start from the date of payment and last one month. The unused period of the Gold plan is non-refundable.
After unlinking the payment method, the User will have access to the platform’s resources under the already paid plan (Gold or Silver) exclusively until the end of the current subscription period. If the payment method is not linked to the account at the end of the current subscription period and/or actual payment is not made, access to the platform will be blocked. Access will only be restored after a payment method has been linked to the account, and payment for the chosen plan (Gold or Silver) has been confirmed as paid.
4.4. Special terms
We reserve the right to provide Users access to certain functions of the Website free of charge or at a reduced price on special terms. Information about these special terms is available on the Website. You shall be solely liable for reading these special terms.
In some cases, payment for Services may be refunded at the User’s request. You are only eligible for a refund in the event that the Services to be provided were not available for the entirety of your subscription period and only if this is due to a technical error on our behalf. The amount to be refunded shall be calculated without taking into account any special terms at the maximum Plan for the Services actually provided. The right to receive free Services will be canceled. All fees and charges shall be paid by the User.
5.1. Non-commercial use
Commercial use of the Website by Users, including its functionality, is not permitted.
5.2. Website prohibitions and restrictions
By using the Website, You agree that:
During a Video Call with a Language Facilitator, You will not behave indecently, record, post or stream content or conversations. You will neither discuss or touch upon any topics that:
EMERY takes a zero-tolerance approach to any inappropriate or antisocial behavior in either written or video format on the platform to protect our employees, language facilitators, and other contractors involved in collaboration. No matter which subscription a user has (free or paid), EMERY reserves the right to limit or terminate a user’s access to the platform or part of the platform, such as the ‘Video Call’ or ‘Talk to Emery’ features where any of the following examples of inappropriate behavior are reported and reviewed: Profanity, Threats (written, verbal or visual), Nudity (in any form), Flirting or making sexual comments, Bullying, or causing someone to feel uncomfortable, anxious or worried, Harassment, including asking for personal information such as surnames, social media handles, email addresses, and telephone numbers.
You will not take any actions aimed at causing damage or interfering with the operation of the Website, or obtaining unauthorized access to data or personal information from the Website.
Despite the above prohibition, when using the Website, You may receive content that you may consider to contain offensive or obscene information or otherwise violate the applicable law and third parties rights.
You shall be personally responsible for all the content You publish.
You acknowledge that You do not ask for and will not receive payment or compensation for Your activities throughout Your use of the Platform.
All content, including audio and video productions on the Website, are created solely for learning purposes. We do not provide any guarantees regarding its completeness, timeliness, or accuracy. Any information or materials on the Website may be modified without providing prior notice to the User.
All Language Facilitators’ and Speakers’ personal opinions is not an opinion of EMERY and reflects their subjective internal view of the world, interests, and thoughts. Mentioning violence, drugs, alcohol, tobacco smoking, sex, or other negative demonstrations of inappropriate human behavior in the content of the Website does not constitute a call for such actions, their propaganda or promotion. They are only used to contribute general human credibility to the content and are called to add emotional color to the content in order to achieve the educational goals of the Platform. Everything that can be interpreted as sexism, racism, ageism, lack of body positivity, or offending the feelings of believers, is not. All such statements are manifestations of sarcasm, irony or a critical approach to the environment. We do not call for anything and do not impose any opinion. All materials have been developed to create an emotional background for the educational content for the sake of successfully memorizing and learning the content by Users aged 13 and older.
We reserve the right to post advertising materials and links to external resources in the special sections on the Website. However, we do not assume any liability for the advertising materials and the accessibility of such resources, and for their content, nor do we guarantee that such resources and information posted therein do not infringe third parties’ rights and the safety of the use of these resources. We do not assume liability for any consequences of Your using these resources, their content or advertising.
We grant You the right to use the Platform:
You hereby agree that under no circumstances shall EMERY’s total liability to you in connection with the use of the Website and the provision of the Services exceed EUR 300.
Services are provided “as is” and “as available.” EMERY does not accept responsibility and does not give any guarantees regarding the completeness, reliability and quality of the Services; the accuracy and reliability of the content; any results of the Services; the compliance of the Services and the content with Your requirements and/or expectations; the suitability of the Services for any particular purpose; the absence of violations in the course of the Services, and the security of the use of the Website. EMERY does not assume any liability for other Visitors’ or Users’ actions in the course of using the Website.
It shall be the user’s own responsibility to ensure that the products, Services and/or information available through this Website meets the user’s specific requirements. The use of, and/or access to the Website, by the User, of the Website and the relevant use of any information and/or material and/or data contained on the Web Page is effected at the said user’s own risk, for which we shall not be liable.
Moreover, the information available through the Website may be changed periodically. We have the right to make improvements and changes to the Website at any time. We make no representations or warranties as to the availability, accuracy, or completeness of any information contained on the Website and we expressly disclaim any obligation to update the Website except to the extent required by law.
We have no liability for any errors or omissions in the content of the Website. We make no representations of suitability, reliability, availability, timeliness, or accuracy of the information contained on the Website for any purpose, and such information is provided without warranty of any kind, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall we be liable for any damages, including damages for loss of use, data, or profits, arising out of your use or the performance of the Website, with the delay or your inability to use the Website or related services, the provision of or failure to provide services through the Website, or otherwise arising out of the use of the Website.
You understand and agree that access to the Website and its Services may, from time to time, be limited or rendered slower, including due to software failure; failure of servers, networks, devices, or other electronic or mechanical equipment; rebooting system capacities; interruption of power supply, other service, strike or other work stoppage (partial or full); state or regulatory restrictions, or for any other reason beyond our control.
Disputes between Users
You shall bear full liability for Your relations with other Users, including the settlement of disputes between you.
Disputes with EMERY
You and EMERY agree that any dispute brought to the court shall be considered a dispute between EMERY and You personally. To the maximum extent permitted by law (1) no legal proceedings shall be consolidated with any other proceedings; (2) you are prohibited from resolving any litigation on a group basis or using group proceedings; (3) it is prohibited to refer the litigation to representatives on behalf of the general public or to other persons.
Exceptions from mandatory legal proceedings
The above provisions regarding mandatory legal proceedings do not cover the following disputes: (1) disputes aimed at ensuring the observance or protection of any intellectual property rights belonging to You or EMERY; (2) disputes under motions for injunctive relief.
The period of performance hereunder shall be extended for the time of force majeure. In the event that such circumstances last longer than thirty (30) days, each of the Parties shall have the right to demand the termination of relations hereunder.
The circumstances of insuperable force (force majeure) shall be attested with the document issued by the relevant competent body.
Either Party may terminate the relationships defined herein at any time and for any reason covered by this document.
The description and list of Website functionalities may be changed from time to time without giving You prior notice. We have the right to discontinue (temporarily or permanently) any individual function of the Website without prior notice and at our sole discretion.
You agree to receive information emails (hereinafter – “Notifications”) about important events taking place within the Website. EMERY may send information that the User has agreed to receive on their Account page. EMERY will send Notifications to the email address specified by You during registration.
You have the right to contact EMERY with any questions You may have regarding the use of the Website or our Services, or in the event of a breach of Your rights and/or interests, by sending a message to the following email address: email@example.com or by using other contact methods specified on the EMERY Website.
February 7, 2024