Payments Terms of Service
Latest update: 10 August 2020
1. Service Conditions
These Payment Conditions govern the payment services between you and Glossiko sp. Z o.o (“Glossiko). Glossiko Sp. z o. o. will be in charge of all and every payment and disbursement made through the Services (“payment services”).
YOU ACKNOWLEDGE AND AGREE THAT BY USING OUR PAYMENT SERVICES, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE PAYMENT CONDITIONS. IF YOU DISAGREE, THEN YOU ARE NOT ENTITLED TO ACCESS OR USE THE SERVICES.
Failing to use our payment services in accordance with these payment conditions, may be subject to civil and criminal penalties. If you accept or agree to these payment conditions in the name of a company or other legal entity, you represent and warrant that you are authorised to bind such company or legal entity to comply with these payment conditions, and in such case, “you” and “your” will refer and apply to that company or other legal entity. In such a case, you are obliged to obtain a confirmation that all persons who will act on behalf of the company know and accept these terms, and the obligations arising from the contract shall be borne by both the company and each of these persons jointly and severally. At the same time, in such a case, the obligations of this entity resulting from this point of the terms shall be borne by both this legal entity, as well as all persons related to it, including in particular members of the management board, proxies, shareholders, as well as employees and persons providing services to it. This entity undertakes to make known the obligations arising from these terms to indicated persons at each time. This obligation does not expire in case of personal changes in the company, and this entity is obliged to instruct persons joining the company with the information indicated above.
GLOSSIKO CANNOT CONTROL AND HAS NO CONTROL OVER THE CONTENT OF THE TUTORS’ PROFILES AND DOES NOT ASSUME ANY LIABILITY FOR THE METHODS, MATERIALS, ON-LINE DELIVERY TOOLS OR ANY ASPECTS OF THE LESSONS. GLOSSIKO IS NOT LIABLE FOR IMPROPER PERFORMANCE OF THE CONTRACT BY A TUTOR OR A USER. AS A RESULT, ANY PAYMENT SERVICE WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
2- Changes to the Terms
Glossiko reserves the right, in its sole discretion, to modify or cancel these Payment Conditions after an announcement of the changes on the website main page at least 14 days prior to the planned changes. Users have the right not to accept the changes in the term within 14 days from the moment they were published, which will result in deleting their Account from the website and the inability to make payments.
The changes will be published on the Site and we will notify them by email. Glossiko will update the date of “Last Update” which appears at the top of the Legal Terms and Conditions. By accessing and using the Site or the Services after the terms have been updated, you are indicating that you agree to be bound by the modified Payment Conditions. If you consider that the new Payment Conditions are not acceptable to you, your only recourse is to cease using the payment services.
The payment services are only addressed to persons over 18 years of age. Any use of the payment services by any person under the age of 18 is expressly prohibited. By using the payment services you warrant that you are 18 years old or older. In the case of users between 13 and 18 years of age and with limited legal capacity, the activities related to the use of the payment system are performed by their legal guardian, who submits relevant documents and statements.
4- Account registration and identity verification
To be able to use the payment services, first you must register to set up an Account with Glossiko and become a Member according to the Terms of Service. You acknowledge, agree and accept that any person that you authorise to use your Member Account may use the payment services in your name, and that you will responsible for any payment made by such person.
You authorise Glossiko to verify or check your identity to prevent fraud. Glossiko reserves the right to close, suspend or restrict access to the Payment services if we cannot obtain or verify your identity.
5- Main Terms for payment services
“Lesson Prices” and “Package Prices” means the amount that a Student must pay for the language lessons that will be provided by a Tutor.
“Service Prices” means the amount charged by the Tutor at Glossiko when he provides a lesson.
“Method of payment” means the service used by a Student to purchase credits in Glossiko.
6- General Relationship
Glossiko provides the site
Glossiko offers an online language learning site in which Users, both Students and Tutors, may collaborate with each other and take advantage of the services.
Compliance with the Agreements
After the confirmation from the User of the services with the Tutor, of the time and the price, the Student undertakes to purchase, and the Tutor undertakes to provide the Services according to the Terms of Service (“Lesson Services Agreement”).
The Student and the Tutor agree that Glossiko is entitled to take any remedies regarding the Lesson Services Agreement, including, the suspension, termination or legal remedies as deemed necessary by Glossiko to protect the Site’s reputation.
7- Financial Terms
The Students must use Glossiko credits to receive tuition services from a Tutor.
Purchase of Glossiko Credits
The Students are given the choice to purchase credits in euros. As indicated on the website, the class credits are valid for 12 months from the day of purchase. Lesson credits may be applied in the booking systems with the aim of scheduling the lessons. Lesson credits are purchased for one language only and cannot be transferred from one language to another. All the prices indicated exclude any additional charge like fees, taxes or interests charged by the bank or the company of the Student’s credit card. These charges are the sole responsibility of the Student. The prices indicated do not include any cost associated with internet connection.
The Students may receive a refund for the value of their credits of outstanding lessons if they contact Glossiko to request their refund within 28 days of their initial purchase. The amount refunded will be equal to the value of the credits of the outstanding lessons in the payment currency chosen.
Disputes between Tutors and Students
If there is a disagreement between a Tutor an a Student, there are two steps to settle the dispute. If they fail to resolve the dispute, the Student or the Tutor should refer the matter to a common court.
Step 1: The Student and the Tutor must reach an agreement to settle the dispute.
Step 2: If the Student and the Tutor cannot reach an agreement, then the dispute will be settled by Glossiko. Glossiko will review any evidence and materials presented appertaining the dispute and will take a final decision. If any of the parties is unsatisfied with the final decision taken by Glossiko, they can refer the matter against the other party (User or Tutor) to a common court.
The session packages in Glossiko are valid for 6 months. Reminders will be sent to the Student when the package deadline arrives. If you decide to cancel your lesson package, you will be refunded your money for the lessons not received, less the discount made for the purchase of the package, as well as the bank charges relating to the bank processes followed by Glossiko. Be aware that your final balance may be negative, so the balance to be refunded will be zero.
If there is a dispute over who cancelled the package and the Student and the Tutor cannot reach a compromise, then Glossiko will mediate the dispute. The decision of Glossiko on the dispute is conclusive. If any of the parties is unsatisfied with the final decision taken by Glossiko, they can refer the matter against the other party (User or Tutor) to a common court.
Retention of funds or delay in paying the funds
If Glossiko reasonably concludes, based on the information available, that the actions of a Tutor may have given rise or will give rise to a significant number of disputes (more than two in any given calendar month), refunds or other claims from the users who purchased the Tuition services, Glossiko reserves the right to delay or stop the payment of all the accumulated funds. If Glossiko concludes that a Tutor has breached the Terms, Glossiko may refuse to pay the funds accumulated and debit such funds from the accumulated funds up till then.
Glossiko may, in its sole discretion, round up or down the amounts due by or to the Tutors or Students to the nearest functional basic unit in which the currency is denominated. For example, Glossiko will round up an amount of 101.50 to 102.00 dollars, and will round down 101.49 to 101.00 dollars.
A Tutor accepts and agrees that he is solely responsible for determining his fiscal requirements and obligations in relation to the taxes applicable to his services. In addition, they are solely responsible for declaring the input and output taxes to the relevant authority. Glossiko is not able and does not offer any advice relating to taxes to any member.
10- Credits policy
You must know that:
a. Glossiko is not acting as a trustee or fiduciary in respect of your funds, but only as an agent and custodian.
b. GLOSSIKO IS NOT A BANK, AND THE AMOUNTS TRANSFERRED THROUGH PAYMENTS FROM STUDENTS OR PAYMENTS TO A TUTOR ARE NOT GUARANTEED DEPOSITS.
Currency exchange risk
Glossiko does not assume any responsibility for currency fluctuations occurred at the time of receiving or sending payments through third party payments when purchasing Glossiko Credits or withdrawing a Glossiko Credits balance.
GLOSSIKO PROVIDES SERVICES WITHOUT ANY KIND OF WARRANTY, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GLOSSIKO EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY OTHER WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. GLOSSIKO IS NOT RESPONSIBLE FOR THE RESULTS OF ANY TECHNICAL FAILURE OR ANY OTHER SITUATION FOR WHICH GLOSSIKO IS NOT DIRECTLY CULPABLE. GLOSSIKO DOES NOT GUARANTEE THE QUALITY OF THE PAYMENT SERVICES BECAUSE THEY ARE PROVIDED BY EXTERNAL ENTITIES.
12- Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE USE OF THE PAYMENT SERVICES IS AT YOUR SOLE RISK. IF YOU AUTHORISE OR ALLOW ANY OTHER PERSON TO USE YOUR GLOSSIKO ACCOUNT IN ANY MANNER, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY SUCH PERSON. GLOSSIKO OR ANY OTHER PARTY INVOLVED IN PROVIDING PAYMENT SERVICES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOSS OF PROFIT, LOSS OF DATA SUFFERED, LOSS OF GOODWILL, THE INTERRUPTION OF THE SERVICE, LOSS OR CORRUPTION OF ANY DATA, DATABASE OR SOFTWARE OR FAILURE OF THE SYSTEM, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURIES OR EMOTIONAL DISTRESS ARISING OUT OR IN RELATION TO THESE TERMS, OR ARISING OUT OF THE USE, OR INABILITY TO USE THE PAYMENT SERVICES, OF ANY COMMUNICATION, INTERACTION OR MEETING WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PAYMENT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT PAYMENTS IN GLOSSIKO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE USER IS OBLIGED TO STORE ANY DATA PERMITTING ACCESS TO THE ACCOUNT IN A PROPER WAY. SHARING THIS DATA TO ANY PERSON, EVEN UNINTENTIONALLY, REMOVES ANY LIABILITY FROM GLOSSIKO.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GLOSSIKO PAYMENTS OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY OTHER THAN THE WARRANTIES THAT HAVE EXPRESSLY BEEN GIVEN IN THIS DOCUMENT.
DESPITE THE APPOINTMENT OF GLOSSIKO AS AGENT FOR COLLECTING LIMITED PAYMENTS OF TUTORS WITH THE AIM OF ACCEPTING PAYMENTS FROM STUDENTS IN THE NAME OF THE TUTORS, GLOSSIKO EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR THIRD PARTY.
13- Entire agreement
Even if these Conditions may be supplemented by other terms on an ad-hoc basis, these (and the terms below) constitute the entire and sole understanding and agreement between Glossiko and you.
Any notice or other communication permitted or required under this document will be made in the document form and sent by Glossiko:
a. To the email you have provided Glossiko with.
b. Through posting it on Glossiko Site.
In the event of notices given by email, the date of receipt will be deemed to be the date of transmission of said notice.
15- Governing law and jurisdiction
You hereby submit to the personal jurisdiction of the courts situated in Poland with the aim of bringing those claims or disputes. Any cause of action that you may have against this Site must be instituted within 30 days after such cause of action arises, otherwise, it will prescribe.
16- Dispute settlement
If a dispute arises between you and Glossiko, our aim is to solve it promptly and in a cost-effective way. You agree to contact us directly in the first place to seek assistance with the dispute by calling the Customer Service.
17- Arbitration option
You and Glossiko accept to settle any claim relating to these Terms or the Services by a final and binding arbitration. The parties submit to arbitration disputes arising from the contract and tort.
You may reject this arbitration settlement confirming this through an email to firstname.lastname@example.org within 30 days of having used our Services for the first time.
18- General provisions
The fact that Glossiko does not enforce any right or provision of these Conditions will not constitute a waiver of the future application of such right or provision. The waiver of any of such rights or provisions will only be effective if made in writing and signed by a duly authorised Glossiko representative. Unless expressly provided for under these Conditions, the exercise of any of your remedies by virtue of these Conditions will be made without prejudice to any other remedies that you may have by virtue of these Conditions or otherwise.
19- Contacting Customer Service
If you wish to advise of a breach of the policies of the Site or Service, have any question or need assistance, please contact Glossiko Customer Service in the following manner: