Welcome to https://dutchandyou.com, the website and online service of Dutch and You. (hereinafter: “Dutch and You”, “we” or “us”). This page explains the terms by which you may use our online services, software and website, provided on or in connection with the service (collectively the “Service”).
We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date shown above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service. If any clause or part of this Agreement is considered invalid by any court or arbitrator, this does not mean that the whole Agreement will be judged invalid.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
2. Provision of the Service
Who can use our Services:
You may use our Services only if you can form a binding contract with Dutch and You, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Before using our Services, Users below the age of 18 must obtain express permission from a parent or legal guardian, which must be provided to Dutch and You before providing data and commencing lessons. Users below the age of 18 should be supervised by a parent or legal guardian whilst taking lessons. Your right to use our Services is personal to you and is not transferable by you to any other person or entity. Dutch reserves the right to terminate your use of its services, for example if you demonstrate abusive or inappropriate behavior towards another User.
Dutch and You provides an online venue for language learning where Students can take advantage of the services (collectively, the “Services”). The Services provided are as follows:
Payment Services. Dutch and You** provides Payment Services to Users. Students are able to purchase lesson credits, which they can then apply in the booking system in order to schedule lessons on Dutch and You.
THE SITE AND SERVICES ARE INTENDED TO BE USED TO BOOKING LESSONS DIRECTLY ON DUTCH AND YOU. DUTCH AND YOU IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LESSONS. ACCORDINGLY, ANY PAYMENT SERVICES WILL BE MADE OR ACCEPTED AT THE USER’S OWN RISK. DUTCH AND YOU HAS NO CONTROL OVER THE CONDUCT OF ITS USERS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
3. Booking Policies & Resolving Disputes
A lesson can be canceled or rescheduled by the Student if at least 24 hours are remaining until it is due to begin. The Student must reschedule/cancel the lesson via the booking system. If they cannot see how to do this, they should consult the instructions found on the Site’s Help & FAQs page. When there are less than 24 hours remaining until the lesson is due to begin, the Student does NOT have the right to cancel or reschedule and the lesson credit cannot be returned. This policy exists for the protection of Teacher’s working conditions. Teachers are able to make exceptions if they wish, however they are under no obligation to do so.
If the Student misses their lesson, they will not be able to reschedule or cancel it and their lesson credit will be lost. Lessons scheduled during local holidays will not be canceled automatically – it is the responsibility of the Student to make any necessary changes to their bookings.
If there is a dispute between Student and Teacher, Dutch and You will gather all records of communication available in order to determine how to adjudicate the dispute. Dutch and You shall have the right to transfer credits, offer a refund, or reverse a transaction. Dutch and You shall also have the right to designate who shall bear the expenses resulting from any such actions.
4. Contests, Sweepstakes and Promotions
5. Payment and Refunds
If a Student wishes to book lessons on Dutch and You, they can purchase lesson credits in Euros. As stated elsewhere on the website, lesson credits are valid for 12 months from the day of purchase. Please note that whilst Students need to schedule lessons in the booking system within 12 months, the lessons can potentially be taken a few weeks after the expiry if the Teacher has availability. The expiry refers to when you schedule lessons in the system, not when they’re taken.
Lesson credits are valid only in exchange for lessons taken on Dutch and You and may not be exchanged for cash.
All prices stated exclude any additional charges such as fees, taxes or interest charged by the Student’s bank or credit card company. These charges are the sole responsibility of the Student. The prices stated also do not include any costs associated with connecting to the internet.
Students are able to receive a refund of their balance if they contact Dutch and You’s support team (email@example.com) to request their refund within 30 days of purchase. The refunded amount will equal the value of the remaining balance in Euros, minus payment processing fees that are not returned by our payment provider, Stripe. If your bank account is in a currency other than Euros, you may receive less than you paid due to currency conversion costs and changes in the exchange rate.
To redeem a trial session for free, you may be required to provide valid card information. At this point, your card will not be charged – the information is only used to verify your identity & limit free trial sessions to one per student. When you make a payment, you’ll have the option to save your card details. If you select this option, our payment provider, Stripe, will store your card details securely to save you time if you choose to make further payments. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. You may contact our support team if you wish to remove a card from Stripe’s servers.
6. Managing Your Information
It is the sole responsibility of each User to ensure that all personal details (e.g. contact details, payment details) are up to date and accurate at all times. By accepting these Terms, you hereby release Dutch and You 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 site or being supplied to Dutch and You staff. You are also responsible for safeguarding your account password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Dutch and You account, whether or not you have authorized such activities or actions. You will immediately notify Dutch and Yous support team of any unauthorized use of your account or lesson credits.
7. Technical Requirements
The Student is responsible for ensuring they have 1) a sufficiently fast and reliable internet connection and 2) the necessary software and hardware for learning via Dutch and You. This includes a ZOOM account and the necessary audio equipment. If a lesson is disrupted or cannot go ahead as a result of technical issues from the Student’s side, the Teacher has the right to charge for the lesson. If the Teacher has technical issues, the lesson must be marked as Not Complete in the booking system within 48 hours so that the student’s funds are returned to their available balance.
8. Trial Sessions
Students may book a “Trial Session” with Dutch and You. New students are given a free token for one Trial Session when they create an account. Abuse of the trial system, for example by creating multiple accounts and taking multiple free trial sessions, may result in the Student’s accounts being suspended and the Student being banned from using Dutch and You’s Services. Students may only book one Trial Session with the Teacher. Trial Sessions last approximately 25 minutes and are not intended to be a lesson but rather for the Teacher and Student to get to know each other. After taking this a Trial Session, the Student can decide, without commitment or obligation of making a purchase, whether to proceed with purchasing lessons.
9. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company ratings.
0.9. Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
11. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Dutch and you and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Dutch and you.
12. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
13. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. 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.
You can contact our Copyright Agent via email at email@example.com.
14. Error Reporting and Feedback
You may provide us either directly at firstname.lastname@example.org or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
15. Links To Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by Dutch and You.
Dutch and You has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY 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 WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
16. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to 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 Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
19. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Netherlands, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
20. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
21. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
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 Service.
22. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
24. Contact Us
Please send your feedback, comments, requests for technical support by email: email@example.com.