Please read all these terms and conditions.
By using E Global Learning's Web Services, you agree to these conditions. If you are not sure about anything, please call us at (646) 362-5886 or email info@eglobaled.com.
Application
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are E Global Learning LLC whose registered office is at 43-17 Union Street, Flushing, 11355 with the email address info@eglobaled.com; telephone number (646) 362-5886; (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. By purchasing any of the the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the website if you are eligible to enter into a contract and are at least 18 years old or have parental consent.
Interpretation
3. Consumer means an individual acting for the purposes which are wholly or mainly outside their trade, business, craft, or profession;
4. Contract means the legally-binding agreement between you and us for the purchase of the Services;
5. Delivery Location means the Suppliers premises or other location where the Services are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future references for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
11. Website means our Website eglobaled.com on which the Services are advertised.
Services
12. The description of the Services and any Goods is as set out in the Website or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the Services of the Good provided.
13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Services which appear on the Website are subject to availability.
15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirements. We will notify you of these changes.
Customer Responsibilities
16. You must cooperate with us in all matters relating to the Services, provide us and our authorized employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal Information and Registration
18. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
19. We retain and use all information strictly under the Privacy Policy.
20. We may contact you by using email or other electronic communication methods and you expressly agree to this.
Basis of Sale
21. The description of the Services and any Good in our Website does not constitute a contractual offer to sell the Services of Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
22. The Order process is set out on the Website. It is your responsibility to check that you have used the ordering process correctly.
23. A Contract will be formed for the Services ordered only when you gain access to the Services provided and receive an email from us confirm the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation with a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
24. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
25. No variation of the Contract, whether above about description of the Services, Fees, or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
26. We intend that these Terms and Conditions apply only to a contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. giving you rights as a teacher.
Fees and Payment
27. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other prices as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
28. Fees and charges include VAT at the rate applicable at the time of the Order.
29. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
Delivery
30. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and
b. in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
31. In any case, regardless of events beyond our control, you may contact us at info@eglobaled.com or via phone (646) 362-5886.
Risk and Title
32. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
33. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and Cancellation
34. You may cancel your registration within 3 business days after the purchase of the Good with a written notice for a full reimbursement.
35. You may cancel your registration 7 days prior to the start of the class with a written notice to be eligible for a partial, 50% reimbursement. Afterwards no tuition refund will be provided and you can request for tuition credits instead with a written notice.
36. If you withdraw from a class on or after the start date of the class, no reimbursement or tuition credit will be provided.
37. We are unable to credit or reimburse private lessons for no shows or cancellations within 24 hours of the lesson.
38. Refunds will be processed within 10 business days of the written notice and refunds will be issued either by check or credit card.
Conformity and Guarantee
39. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligations.
40. Upon delivery, the goods will:
a. be of satisfactory quality
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
41. We will supply the Services with reasonable skill and care
42. In relation to the Services, anything we say or write to you, about us or about our Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, Termination and Suspension
43. The Contract continues as long as you continue to use our Services.
44. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
45. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Circumstances beyond the control of either party
46. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
Privacy
47. Your privacy is important to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
48. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy.
49. For the purposes of these Terms and Conditions:
a. 'Date Protection Laws' means any applicable law relating to the processing of Personal Data in the United States of America, more specifically in New York State.
50. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will on Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data
d. we will implement technical and organizational measures to ensure your Personal Data is secure.
51. For any inquires or complaints regarding data privacy, you can email: info@eglobaled.com
Excluding Liability
52. The Supplier does not exclude liability for: (i) fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) the loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft, or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade craft, or profession.
Governing Law, Jurisdiction and Complaints
53. The Contract (including any non-contractual matters) is governed by the law of New York State and/or the United States more broadly.
54. We try to avoid any dispute, so we deal with complaints as follows:
If a dispute over a Service occurs, customers should contact us at (646) 362-5886 or email info@eglobaled.com. We will aim to respond with an appropriate solution within 5 business days.
Attribution
55. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
