FoL Terms of Service

Last Updated: 21st October 2021

Terms of Use

Welcome to folenglish.com the website and online service of Focus of Learning ("FoL", "we," or "us"). This page explains the terms by which you may use our online services, website, and software provided on or in connection with the service (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Use ("Terms") and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

We may make changes to these Terms from time to time. When we do, we will revise the "last updated" date given 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 of Use, do not use or access (or continue to access) the Service.

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.

Use of Our Service

Who can use our Service: You may use the Service only if you can form a binding contract with Focus on Learning, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Focus on Learning. You also confirm that you are either at least 18 years old or, if you are younger than 18, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms.

Use of email: By providing Focus on Learning your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by emailing info@folenglish.com. Note: opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Access to our Services

We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without 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.

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any of your User Content or any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.

Fees for the use of our Services

Subject to the Terms, our Services are provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for paid resources and services can be found on individual teacher profiles as well as other pages listing our services. By using the paid aspects of the Services, you expressly agree to these pricing terms.

For all purchased resources and services, payment must be made prior to the start of lessons in accordance with the terms of your pricing plan or subscription. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are solely responsible for (i) paying all taxes and government charges, and (ii) all reasonable expenses and attorneys fees we incur collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 30 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on our measurements of your use of our Services, unless otherwise agreed to in writing.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred.

You may cancel your Focus on Learning account at any time; however, there are no refunds for cancellation. To the fullest extent permitted by law, refunds (if any) are at our discretion and only in the form of credit for our Services. In the event that Focus on Learning suspends or terminates your account or these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Any outstanding balance on your account becomes immediately due and payable upon termination of these Terms for any reason.

Nothing in these Terms obligates us to extend credit to you or any third party. You acknowledge and agree that any credit card and related billing and payment information that you provide to us may be shared by us with companies who work on our behalf, such as third-party payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to us and servicing your account. We may also provide information in response to valid legal process, such as subpoenas, search warrants, and court orders, or to establish or exercise its legal rights or defend against legal claims. We shall not be liable for any use or disclosure of such information by such third parties. We reserve the right to discontinue the provision of our Services to you for any late payments.

We may change our fees and payment policies for our Services. Changes to the fees or payment policies will be posted on the website. By continuing to use of the Services after receiving such notice, you agree to any changes to the fees or payment policies.

You may not create multiple accounts to simulate or act as a single account or otherwise access our Services in a manner intended to avoid incurring fees.

All purchases at Focus on Learning are final and cannot be refunded to the original form of payment. Purchased classes can be cancelled and refunded as Focus on Learning lesson credit.

All Focus on Learning lessons expire 3 months after the purchase date. Expired lessons are unable to be scheduled or cancelled until they are reactivated. To reactivate an expired lesson, please reach out to info@folenglish.com. Reactivated lessons are active for 90 days. After 90 days, our system will expire unscheduled lessons without the possibility to reactivate them again, so please schedule them promptly. We are unable to reactivate expired lessons more than 1 year after their purchase date.

Unused credit expires after 3 months but can be reactivated by reaching out to iinfo@folenglish.com with a reactivation request. Credits can be reactivated only once and will be valid for 90 days after reactivation. We are unable to reactivate credits more than one year after they have expired.

Unused credit on a user account expires after 3 months of inactivity.

Cancellation Policy

Please note that we operate a strict 24 hour cancellation policy.  If you make any cancellations or amendments within 24 hours of the appointment, or do not attend your appointment, you will be charged the full amount. You can amend your appointment online up to 24 hours before your appointment. If you need to cancel your appointment please reschedule directly via our website or email: info@folenglish.com. 

Restrictions

You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as Focus on Learning may authorize expressly in writing, you will not, and will not permit anyone else to:

(i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audio-visual works, or other content made available on our Service or compile or collect any Focus on Learning Content or other Users' User Content as part of a database or other work;

(ii) use any automated tool (e.g., robots, spiders) to access or use our Service or to store, copy, modify, distribute, or resell any Focus on Learning Content or other Users' User Content;

(iii) rent, lease, or sublicense your access to our Service to another person;

(iv) use any Service, Focus on Learning Content or other Users' User Content for any purpose except for your own personal use;

(v) circumvent or disable any digital rights management, usage rules, or other security features of our Service;

(vi) use our Service in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Service;

(vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Service, Focus on Learning Content or other Users' User Content;

(viii) transmit spam, chain letters, or other unsolicited email;

(ix) use the Service for any commercial solicitation purposes; or

(x) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.

Accessing the content available on the Service for any purpose or in any manner other than Streaming is expressly prohibited. "Streaming" means a contemporaneous digital transmission of an audio-visual work via the Internet from the Service to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

Lesson Recording

You acknowledge and agree that Focus on Learning may record videos of your lessons. This recording is intended solely for the purpose of ensuring the quality of lessons and tutoring. Recordings will not be shared externally, used for individual targeting, or used for any sales, marketing, or other promotional purposes. By using Focus on Learning services, you agree and give consent for such recordings that is gratuitous, unsolicited, and without restriction. You agree that Focus on Learning may use these recordings without fiduciary, or other obligation, and without any additional compensation. You may request to remove any existing recordings by emailing info@folenglish.com. 

Use Policies and Service Rules

You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Services.

You will not use our Services to:

(i) upload, post, email, or otherwise transmit any User Content that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(ii) harm us or third parties in any way;

(iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(iv) upload, post, email, or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(v) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other right of any party;

(vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;

(vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(ix) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation;

(x) "stalk" or otherwise harass another User; or

(xi) collect or store personal data about other Users.

Feedback

We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Focus on Learning does not waive any rights to use similar or related ideas previously known to Focus on Learning, or developed by its employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

Disclaimer of Warranties

Your use of the services and the service content is at your sole risk. The services and the service content each are provided on an "as is" and "as available" basis. We and our suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the services or any service content, and you rely on the services and service content at your own risk. Any material that you access or obtain through our services is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through our services. No advice or information, whether oral or written, obtained by you from us or through or from our services will create any warranty not expressly stated in these terms.

Focus on Learning does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and Focus on Learning will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Focus on Learning, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of these damages), resulting from your use of our services and service content. Under no circumstances will Focus on Learning be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Focus on Learning assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. Under no circumstances will the total liability of us and our suppliers and licensors of all kinds arising out of or related to your use of the services and service content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, that you have paid to us for your use of the services and service content. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

The Service is controlled and operated from its facilities in the United Kingdom. Focus on Learning makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United Kingdom and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United Kingdom, or are a foreign person or entity blocked or denied by the United Kingdom government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United Kingdom.

Indemnity

You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability arising from

(i) your use of the Services, including any data or content transmitted or received by you;

(ii) your violation of these Terms;

(iii) your violation of any rights of a third party;

(iv) your violation of any applicable law, rule or regulation;

(v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or

(vi) any other party's access and use of the Service with your unique username, password, or other appropriate security code.

Legal Notices

Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Focus on Learning without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Governing Law: Enforcement of these Terms will be governed by the laws of the United Kingdom, excluding its conflict and choice of law principles.