1. GENERAL INFORMATION

1.1.  SIA SKYsCOOL or “we” provides online language training services through its website located at https://www.skyschool.lv  (the Website), and related services (private lessons, group classes, interest education, and other remote services) through a variety of tools, study aids and applications, through the Website and third party resources (hereinafter referred to as the “Services”) are subject to these Terms of Use.

1.2. These Terms of Use constitute the entire contract (the “Agreement”) between the User (the person wishing to purchase or who has purchased the Service) and SKYsCOOL with respect to this Website. By using this site or downloading its content, the User agrees that this agreement is binding. The Terms of Use apply to the use of the Services on the Website, in the administration block, the video conferencing software and other related links.

1.3. The Terms of Use are legally binding and shall be accepted by the User (teacher, student, guardian of the minor or an authorized representative of a company) during the account registration process on the SKYsCOOL Website.

1.4. The current Terms of Use become effective after the User consents to them by checking the box next to “I Agree to the Terms of Use” during the registration on the Website and the User informs SKYsCOOL that he/she has read, understood and accepted these Terms of Use. This Agreement shall also apply to all users, visitors and other users who access the Services without completing the registration process. The use of any part of the Website constitutes your consent to these Terms of Use. If you do not agree to these Terms of Use, you must not use this Website or any service provided via it.

1.5. You fully understand and agree that these Terms of Use are binding. SKYsCOOL reserves the right to amend and alter any paragraph of the Terms for a variety of reasons, including commercial, legal and customer service reasons. The updated Terms of Use are available on the website.

1.6. The Terms of Use take effect immediately upon publication on the Website. You should familiarise yourself with the current Terms of Use. SKYsCOOL recommends the User to regularly check the updates of the Terms of Use. Your continued use of the Services after the date on which such changes take effect constitutes your acceptance of the new Terms of Use.

1.7. SKYsCOOL also reserves the right to update or change the price structure. The latest version will be applicable to the use of the website, which will be published on the website during your use.

1.8. If you have any questions, complaints or claims regarding these Terms of Use, you may contact us at skola@skola.lv .

  1. SERVICES AND REGISTRATION

2.1. SKYsCOOL website is owned and operated by SIA “SKYsCOOL”, Reg. No. 40203219451, which is registered and located in the Republic of Latvia.

2.2. The SKYsCOOL website is an online educational institution. SKYsCOOL offers students and parents looking for teachers the opportunity to connect with teachers, take online private lessons and One-on-one or group lessons. The Services include a website to assist Users in seeking training services (“Students”) or their legal representatives, such as a minor’s guardian or company representative, in selecting Users who provide training services (“Teachers”).

2.3. Subject to these Terms of Use, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use, not for resale or redistribution, and only if permitted by the characteristics of the Services. SKYsCOOL reserves all rights not expressly granted herein in the Services and SKYsCOOL content. SKYsCOOL may terminate this license at any time for any reason or without reason.

2.4. The Services shall be used only in accordance with these Terms of Use and all applicable Latvian Republic and international laws and regulations. The Services are not available to any User who has previously been denied access by the SKYsCOOL website administration.

2.5. The User must register on the website to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself during the registration process. Registration details and certain other information about you are governed by our privacy policy.

2.6. Persons under the age of 16 shall not register on this website without their legal representatives. Any use of or access to such services is strictly prohibited to persons under the age of 16, and acting without the consent of a parent or guardian, in violation of these Terms of Use. By using this website and / or creating an account, you warrant that you are 16 years of age or older. Persons under the age of 16 may only use our services together with a parent/guardian. In this case, the “Guardian” shall be responsible for any and all “Student” activities.

2.7. If you create a SKYsCOOL account on behalf of a company or organisation, the word “You” includes you personally and that legal entity, and you represent and declare that you are the company’s authorized representative with the right to associate that company with this Agreement and that you agree to this Agreement on behalf of the company.

2.8. When connecting to SKYsCOOL through a third party service, you allow access to your information by this service provider, as well as to save the login credentials of this service.

2.9. You are responsible for the confidentiality of your account (cabinet) login information and password, and you may not distribute this access information or allow others to use this access information for accessing this Website. You agree to take reasonable measures to prevent others from obtaining your access information and to notify SKYsCOOL of any unauthorized access. You are solely responsible for the activities that occur on your account, and you must keep your account password secure. You must be solely responsible for all Services received by others when using your account, with or without your permission, before you notify SKYsCOOL of any unauthorized use.

2.10. SKYsCOOL allows you to browse, view and use the Services only as permitted and described in these Terms of Use. If you have registered for a SKYsCOOL account and SKYsCOOL has confirmed your registration, you may access the SKYsCOOL content that you use only as permitted by these Terms. SKYsCOOL reserves the right to revoke your authorisation to view, download and use the Services and information available on this Website at any time, and you agree to terminate such use immediately upon receiving notice from SKYsCOOL .

2.11. SKYsCOOL may immediately terminate your access to the Services provided to you without notice if you fail to comply with any provision of this Agreement. If access is revoked, you agree to immediately terminate your use of this Website and account. Upon using this Website and/or Services you shall fully comply with all applicable laws and regulations.

2.12. The Services and all materials contained therein, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and user content owned by other users (“ SKYsCOOL Content”), and all related intellectual property rights, except for your user content, are the exclusive property of SKYsCOOL and its licensors (including other users posting user content on the Service).

2.13. Unless expressly stated otherwise in these Terms of Use or expressly permitted by applicable law, you shall not allow any third party to reproduce, modify, translate, improve, reverse engineer or create derivative works from any of our Service or SKYsCOOL content; transfer or lease access to any of our Services or SKYsCOOL content; circumvent or disable any security or technological feature or measure of our Services.

2.14. All rights not expressly granted by this Agreement are reserved to SKYsCOOL . In addition, we do not allow the use of automated software or other technologies for searching our Website and/or retrieving Services or related information.

2.15. You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained and the maximum storage space that will be allotted on our servers on your behalf.  You agree that SKYsCOOL has no responsibility or liability for the deletion or non-storage of data or other user content maintained or uploaded. You are aware that we reserve the right to terminate an inactive (unused for more than 6 months) account (cabinet). You further acknowledge that we reserve the right to change these general practices and limitations at any time, at our sole discretion, with or without notice.

2.16. SKYsCOOL reserves the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without prior notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.

2.17. SKYsCOOL also reserves the right, in its sole discretion, to refuse to store or remove any material of your User content that you publish or submit for storage at our sole discretion and without liability.

  1. PAYMENT ARRANGEMENTS

3.1. According to the Terms of Use, our services are provided free of charge up to certain limits. Services that are offered for a fee only are clearly detailed and marked on the “Languages” section of the Website. Indicative pricing for paid services and resources can be found in each of the selected Language sections, which SKYsCOOL may update from time to time. A specific study fee can be found in your cabinet after registration, depending on the selected course, the language proficiency level of the chosen teacher and the discount level. By using the paid services, you expressly agree to these pricing terms and conditions. Paid services are available according to current offers as a one-time purchase. Invoice type, prices and terms are defined in each offer and compiled before the end of the ordering process.

3.2. Before deciding to study with one of our teachers, you can take one free trial lesson with a selected Teacher that will last 30 minutes (“Trial lesson”). The Trial lesson is an acquaintance lesson with the Teacher and aimed at determining your wishes and language proficiency level. The Trial lesson is not intended for learning a specific subject. After the end of the free Trial lesson, you may continue the training with the chosen Teacher by paying for further lessons or by taking a 30-minute Trial lesson with any of our other Teachers (the “Trial lesson”). You can take as many Trial lessons as needed.

3.3. If you choose paid services, you will be required to select a payment plan and provide us with your payment information. You warrant to us that the information provided is true and that you are authorized to use the payment instrument.

3.4. You can purchase the Services using credit cards, debit cards or other supported payment methods, as well as pay an invoice issued to you. When purchasing lessons, you are entitled to receive a discount only in accordance with the loyalty campaign, which will be available only to you personally, in your cabinet. You are not entitled to use another person’s special offers or give your discount to another person.

3.5. You may use the purchased services within 90 calendar days, unless the parties have agreed otherwise in writing in advance. To the extent specified in the Terms, you waive all claims related to compensation if the Services have not been used or have been used partly. Charges are solely based on our measurements of your use of our Services, unless otherwise agreed in writing.

3.6. Any fees paid by you hereunder are refundable in the form of SKYsCOOL credit within 14 days after the payment day with a restriction that you can only receive a refund for the unused SKYsCOOL services. After 14 days your payment shall be non-refundable. SKYsCOOL has the right to make a calculation of the services used, including administration expenses and services already agreed.

3.7. If SKYsCOOL suspends or terminates your account for violating these Terms, you understand and agree that SKYsCOOL has the right to charge a refund for the Services provided and scheduled, as well as to cover any costs incurred as a result of your violation.

3.8. Cancellation of Lessons. You have the right to cancel the lesson coordinated with the Teacher, not later than 12 hours before the specified lesson time, by arranging it through your cabinet or by coordinating it (receiving confirmation) with the Teacher in person. If you cancel a scheduled lesson less than 12 hours before the scheduled time, the lesson will be considered to have taken place and non-refundable. You have the right to cancel a maximum of 2 lessons in 30 days. If you cancel the third and subsequent lessons, they will be deducted from your lesson balance.

3.9. You acknowledge and agree that any credit or debit card and related billing and payment information may be processed by a third party, an authorized licensed company/bank that processes the payment. We shall not be liable for any use or disclosure of such information by such third parties.

3.10. We may change our Service fee and payment policy at any time, depending on Teachers’ hourly rates and tax policies. The new Service fee shall only apply to new purchases. The new pricing will in no way affect previous purchases, maintaining the existing terms until the full use of the paid Service. When changing a prepaid service to another service, the recalculation, if necessary, will be made at the current price of the selected service.

3.11. You may not create multiple accounts for any benefit or to use any promotional offers. Violation of this rule may result in recalculation of the service fee according to the pricing for a single account.

  1. ACKNOWLEDGMENTS, REPRESENTATIONS AND WARRANTIES

4.1. By using the SKYsCOOL website or any of our other Services, you thereby affirmatively acknowledge, represent and warrant the truth and accuracy of each of the following statements:

4.1.1. SKYsCOOL provides access to an online learning service that includes information and user content created and posted by you and other users.

4.1.2. Each student or the representative of a minor student shall evaluate the compliance of a particular Teacher with the Student’s educational goals. You understand that you choose a Teacher according to your best judgement, and SKYsCOOL shall not be responsible for ensuring that the Teachers meet the Student’s expectations, educational goals etc. We provide no warranties regarding the qualifications, experience, skills of the said Teachers, including any reliance on the accuracy, completeness or usefulness of the educational content.

4.1.3. You warrant and agree that you will not contribute or otherwise use the Services in a manner that:

4.1.3.1. infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;

4.1.3.2. violates any law, statute or regulation, or breaches any agreement to which you may be a party;

4.1.3.3. is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;

4.1.3.4. impersonates any person, including any employee or representative of SKYsCOOL ;

4.1.3.5. contains a virus or other harmful computer code, file, or program. We reserve the right to remove any User content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities), or for no reason.

4.2. In addition, you shall not allow and shall not allow anyone else:

4.2.1. to store, copy, modify, distribute or resell any information; audiovisual, visual and audiovisual works or other content made available on our Services, or to compile any content provided by SKYsCOOL and the Teacher or other User content as part of a database or other work;

4.2.2. to use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any SKYsCOOL content or user content of other Users;

4.2.3. to rent, lease, or sublicense your access to our Service to another person;

4.2.4. to use any Services, SKYsCOOL Content or content of other Users for any purpose except for your own personal educational use;

4.2.5. to circumvent or disable any digital rights management, the Terms of Use or other security features of our Services;

4.2.6. use our Services in a manner that overloads or threatens the integrity, performance or availability of our Services;

4.2.7. remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any section of our Service, SKYsCOOL content or user content of other Users;

4.2.8. to forward spam, chain letters or other unsolicited e-mail;

4.2.9. to use the Services for any commercial purposes;

4.2.10. to impersonate another person or otherwise misrepresent your affiliation with a person, commit fraud, hide or attempt to hide your identity.

4.3. Access to the content available on the Services for any purpose or in any other way other than streaming is expressly prohibited. Simultaneous digital transmission of an audiovisual work from the Service to a user’s device via the Internet in such a way that the data is intended for real-time viewing and the User does not intend to copy, store, continuously download or distribute it.

4.4. SKYsCOOL has never instructed and will never direct its users to upload user content that infringes the rights of third parties. Uploading user content that violates the rights of a third party is a direct and serious breach of these Terms of Use and involves the suspension or termination of the user’s account.

4.5. SKYsCOOL has no obligation to control the activities of users who create and upload user content on the Website. In case the User infringes the rights of a third party by creating or uploading user content, that user is the sole party responsible for such infringement and SKYsCOOL shall not be liable for such action.

4.6. You are fully responsible for all User content that you upload, publish, transmit or otherwise distribute through or in connection with the use of the Services, and you warrant that you have all rights necessary to provide such content to us and grant us the rights to use such information in connection with these Services, unless otherwise stated herein.

4.7. In no event shall SKYsCOOL be liable for the content of any third party (including the User), including, but not limited to, mistakes or omissions in any material, or for any loss or damage resulting from the use of such content. You acknowledge that we have no obligation to review user’s content or any other content, but we and our rights holders have the right, in our sole discretion, to refuse or remove any content available on the Website. Without limiting the foregoing, we shall have the right to remove any User content that violates these Terms of Use or that we deem to be otherwise unacceptable. You agree that you must evaluate and assume all risks associated with the use of any User’s content, including any reliance on the accuracy, completeness or usefulness of such content.

4.8. By collecting Service fees on behalf of the Teachers and retaining part of these Service fees, SKYsCOOL does not directly benefit financially from a particular User content. SKYsCOOL receives a direct financial benefit only from allowing Teachers to provide training services and share their User content through the SKYsCOOL website.

4.9. You understand and agree that we will have the sole right to decide whether you violate any of the restrictions set forth in these Terms of Use, and you have the discretion not to violate them.

4.10. The User content and Services received through the SKYsCOOL Website are provided “as is” without warranty of any kind, either as to fitness or suitability for a specific purpose or for continual use of the Service.

  1. THIRD PARTIES

5.1. The Services may contain links to third party websites or services (“Third Party Services”) that are not owned or controlled by SKYsCOOL , or the services may be available by logging into the third party service. In using or accessing third party services, you are responsible for your own actions.

5.2. You hereby represent and warrant that you have read and agree that you are bound by all applicable third party service policies relating to your use of the Services and that you shall act in accordance with those policies in addition to your obligations under these Terms of Use.

5.3. We do not control or take responsibility for the content and accuracy of the services, privacy policy or practices or opinions expressed by third parties. Furthermore, we do not and cannot monitor, verify, censor or edit the content of any third party service.

  1. TERMINATION

6.1. These Terms of Use shall remain in force while you use the Services. You may terminate your use of the Services at any time. We may terminate or suspend your access to the Services at any time, for any reason, and without prior notice, as a result of which all information related to your account may be lost and destroyed.

6.2. If you violate any of these terms or conditions of use, we may also immediately terminate or suspend any service and access to the Website without prior notice or liability. By suspending your account, your right to use the Services and access the Website shall be terminated.

6.3. All terms of use regarding ownership, warranty disclaimers and limitations of liability will remain in effect after your termination of operations.

  1. MISCELLANEOUS

7.1. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. We shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including mechanical, electronic or communications failure.

7.2. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.

7.3. We may transfer, assign or delegate these Terms of Use and its rights and obligations without consent.

7.4. Both parties agree that these Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use.

  1. GOVERNING LAW

8.1. These Terms of Use are governed by and construed in accordance with the laws of the Republic of Latvia, and you irrevocably submit to the law of the jurisdiction of courts of the Republic of Latvia. In order to settle any disputes that may arise in connection with the creation, legality, influence, interpretation or operation of the SKYsCOOL Website or its services, the parties shall agree on the exclusive jurisdiction of the courts at SKYsCOOL place of business.

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