Terms of Use

TERMS OF PURCHASE

SHORTS AND COFFEE MOVIE CLUB

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Student” “Your” or “You”) agree to be provided with products, courses, and/or services by Alexandra Kapinya (“Teacher) and you are entering into a legally binding agreement, subject to the Privacy Policy, Cookie Policy and to the following terms and conditions:

1. GENERAL TERMS.

(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Teacher agrees to provide services in accordance with the Shorts & Coffee Online Movie Course & Short Movie Club for English Learners, Movie Mini-Course Movie Talk, Short Movie Nights, Stop Translating in Your Head - Online Workshop for English Teachers, Teach English with Short Films and Weekly Film Lesson Plans - membership site (“Course or Courses)

(b) The scope of services rendered by the Teacher pursuant to this Agreement shall be solely limited to those contained herein and/or provided for on Teacher’s website visualenglishschool.com and/or visual-english-school.teachable.com (collectively known as the “Website”) as part of the Course.

i. The Online Movie Course for English Leaners includes the following:

1. Video lessons

2. Quizzes

3. Workbook

4. Optional Live Calls

ii. The 3-Month Short Movie Club

1. Monthly movie recommendations and discussions

(d) Teacher reserves the right to substitute services equal to or comparable to the Course for Student if reasonably required by the prevailing circumstances and to make changes to Course content.

(e) Student must be at least eighteen (18) years old to participate in this Course. Student is responsible for his/her own success and implementation of objectives met.

(f) Student will have access to the Course via Teachable platform for as long as the Course is present. Should Teacher remove Course, she will give Student thirty (30) to sixty (60) days notice. She will use other cloud storage services and/or other tools to make the course materials accessible to students. Student will have access to the chat platform for at least three (3) months.

(g) Student may participate in live calls that include the Teacher and other students. Student acknowledges that for these calls he/she will be live and on video. These calls are included at no additional cost and will be on a fixed schedule so Student may or may not be available to participate. Teacher reserves the right to remove Student from the Course at any time for any reason.

(h) Students acknowledge the Teacher utilizes various third-party services and that Students are responsible for acknowledging and understanding these third-party Terms and Privacy Policies.

(i) These Terms may be updated at any time. Should any material changes be made, the Teacher will inform You via email.

(j) For any questions on the Course and/or this Agreement, the Student should contact [email protected].

2. PAYMENT AND REFUND POLICY.

(a) Upon execution of this Agreement, Student agrees to pay to the Teacher the full purchase amount as stated on the Website either as pay in full or payment plan. Should Student choose to leave the Course early or not participate, Student will still remain fully responsible for the payment.

(b) Student may request a full refund in writing within thirty (30) days of purchase. No refund will be given to students enrolled in the Weekly Film Lesson Plans.

(d) If Student selects a payment plan option, Student agrees to pay fees to the Teacher according to the payment schedule set forth on Teacher's website, or otherwise provided to Student, and the payment plan selected by Student (the “Fee”).

(e) Payment processing will be completed by a third-party and the Teacher is not responsible for issues or other that may happen on that third-party site.

(f) Each Party hereto acknowledges that Teacher will charge the credit card chosen by the Student if a payment plan option is selected. In the event Student fails to make any of the payments within a payment plan during the time prescribed, Teacher has the right to immediately disallow participation by Student until payment is paid in full, including disallowing access to modules and other materials. If Student has not paid within fourteen (14) days, Teacher has the right to terminate agreement.

(g) The early bird price for the Online Workshop - Stop Translating in Your Head is valid until 12 may, 2019. No refund will be given to the participants. The workshop will take place only if at least 10 participants enroll. If the workshop doesn't take place for any reason, students will get a full refund.

(h) The Weekly Membership Site is offered on an ongoing basis with a monthly subscription. Students may cancel subscriptions at any time by going to Profile - Manage subscriptions - Cancel or emailing [email protected]

Your subscription will continue until the end of the existing subscription period and will terminate at the completion of that period. You will not be charged after the cancellation.

The membership site can be ended any time by the teacher without any notice.

3. METHODOLOGY AND COURSE TERMS. Student agrees to be open minded to Teacher’s methods and partake in services as proposed. Student understands that Teacher has made no guarantees as to the outcome of the Course.

(a) Course content is for personal use only; Student will not utilize Course content for any other commercial or non-commercial purpose.

(b) Access to Course content may be suspended and/or restricted for updates, repairs, and/or maintenance. The Teacher has no control over general network failures and is not liable for any damages caused by such.

(c) Any film recommendations or links shared are for Student’s educational use and for Student to watch on their own personal time. Short films are not included as part of the paid Course and Student must access on their own via a third-party platform such as Vimeo. Teacher (Alexandra Kapinya) is not responsible for users' (students') copyright infringement. The students need to obtain licenses or copyright permissions to show films in their classrooms if applicable.

(d) If Student is unable to watch any of the recommended content, he/she should contact the Teacher for other recommendations.

(e) Teacher may teach English slang and/or ‘swear’ words to raise cultural and linguistic awareness. Students are discouraged from using these words in general.

(f) It is the Student’s responsibility to join the chat room provided on the course's platform and actively participate. Teacher will provide support and feedback for at least three (3) months.

(g) Student will be granted a ‘username and password’ to access the Course, sharing these details will be considered a violation of this Agreement. Should Student learn of any unauthorized use of these details You should contact the Teacher immediately. Student agrees to only enter true and accurate information as part of his/her profile details.

(h) Students must behave in a civil and respectful manner at all times. Discrimination or harassment will not be tolerated. You are responsible for all comment and/or personal information You choose to share within the Course.

(i) Student acknowledges that the films selected are just examples and the Teacher has no control over the films, which may be removed from the Internet by the filmmaker at any time.

(j) The Teacher is not responsible for the behavior of others and will terminate this Agreement for violation of these Terms.

(k) No printed material will be sent to you. Any printed material shown in images or video is for example purposes only. You are responsible for printing any paper resources you download from this program.

4. DISCLAIMERS.

There is no guarantee Student will improve, learn and/or become fluent in the English language. The Teacher is not responsible for the views, opinions, statements, or other content by external resources, such as in the recommended films. The information in this Course is in no way to be construed or substituted as any type of therapy or professional advice.

The Teacher may provide the Student with information relating to products that the Teacher believes might benefit the Student, but such information is not to be taken as an endorsement. The Teacher is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or teaching provided.

The Teacher may provide Student with third-party recommendations and/or links to other services or websites. Student agrees that these are only recommendations and the Teacher will not be held liable for the products and/or services provided by any third-party to the Student. The Teacher is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from clicking to and/or utilizing any information or services provided by a third-party.

Any testimonials or examples shown through Teacher’s website are only examples of what may be possible for Student. There can be no assurance as to any particular outcome based on the use of Teacher’s Course, programs, and/or services. Student acknowledges that Teacher has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Teacher’s website, courses, products or services.

5. INTELLECTUAL PROPERTY AND PRIVACY RIGHTS.

In respect of the lessons, modules, and other content specifically created for the Student as part of this Course, the Teacher maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the content whether finished or unfinished. Student receives one license for personal use of any content provided by the Teacher. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Teacher to the Student, nor grant any right or license other than those stated in this Agreement. The Teacher reserves the right to immediately remove Student from the Course, without refund, if You are caught violating this intellectual property policy.

Student agrees that photographers, video, and/or audio recordings may contain their likeness and the Teacher has the right to utilize such media without any compensation to the Student.

Student will be utilizing and accessing Teachable, Slack, Google Drive, Zoom, Mailchimp and/or other services. The Company makes efforts to ensure security of content and personal information but no assurances can be made. As noted above, by purchasing this Course You also consent to our Privacy Policy. We may share your personal details and data with third-party services in order to provide the services herein. The Company is not responsible for the privacy practices of third-parties and Student’s are advised to review the policies of those companies.

6. NON-DISPARAGEMENT.

The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Student nor any of Student’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Teacher or any of its courses, affiliates, subsidiaries, employees, agents or representatives.

7. GOOD FAITH.

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

8. DISCLAIMER OF WARRANTIES.

The information and education provided to the Student by the Teacher under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

9. LIMITATION OF LIABILITY.

By using Alexandra Kapinya’s services and purchasing this Course, Student accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Student agrees that Teacher will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Course. Student agrees that use of this Course is at user’s own risk.

10. DISPUTE RESOLUTION.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the International Court of Arbitration. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Milan, Italy or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

11. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the Milan, Italy, regardless of the conflict of laws principles thereof.

12. ENTIRE AGREEMENT.

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.