Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the unumondo.ch website (the "Service") operated by Nyway GmbH ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By becoming a client of our service you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. You become a customer by having taken the first session.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your learning program, you may simply let us know and stop using our service. Please note that given the nature of the service, refunds are unavailable at any time. All learning plans have expiry date depending on the package: 1 month subscription sessions expire 1 month from date of first session; 3 month package sessions expire 3 calendar months from date of first session; 6 month package sessions expire 6 calendar months from date of first session; 10 pack deal has a 6 month expiry date from date of first session.
For the duration of your learning package, UNUmondo cannot guarantee the same coach for the entire time. UNUmondo and the relevant coach will strive to be available but if a change must be made, a suitable alternative will be sought.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Rescheduling and Holidays
Flexibility of rescheduling is dependent on individual coaches, but any excessive rescheduling will result in forfeit of sessions when pre-arranged timetable is missed. Any rescheduling must be approved by the coach more than 24 hours before the agreed session, otherwise UNUmondo reserves the right to charge for the session.
UNUmondo coaches are trained and make their best possible effort towards your continued language learning development. Students of UNUmondo have been very happy with our service and the ones taking Goethe, TELC and other exams successfully passed. However, UNUmondo can make no guarantees about learning progress made with our coaching. Every individual is different and every learning experience is unique, and as such any progress is guided by your goals and also how much effort you put in.
Your satisfaction about your learning experience is our highest goal. If at any point you are not happy with our service, let us know immediately. If you wish to switch your coach, you may do that at any point during your package. Please let us know and we do our best to find a better match as soon as possible.
You agree to defend, indemnify and hold harmless Nyway GmbH and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
We have multiple options for payment:
- Bank transfer directly to our account
- Credit card payment over the telephone. Please note there is a surcharge for credit card payments due to banking processing fees.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
Nyway GmbH has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Nyway GmbH or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
As part of our continued efforts to improve our service and monitor the efficiency of our coaches, it is requested that occasional sessions be recorded for training purposes. These recordings will never be shared or made publicly available and are viewed by UNUmondo employees only.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. Anyone under the age of 18 must have the consent of their legal guardian before becoming a client.
You are responsible for maintaining the confidentiality of any relevant account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Nyway GmbH.
Nyway GmbH has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Nyway GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Limitation Of Liability
In no event shall Nyway GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Nyway GmbH its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
By agreeing with these Terms & Conditions, you also agree to the Privacy Statement.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms or have questions about our practices, please contact us via email at [email protected].
Zurich, August 23, 2018