Terms and Conditions

The present general terms and conditions shall regulate and specify the access and use of the Services of Lexipont and the website located at www.lexipont.com. Please read the terms of use of Lexipont website and school carefully, as the use of the website implies full acceptance of these terms, including other documents governing the operation of the website, such as the privacy policy.

1.1 The website may be used by those who accept the documents governing the operation of the website, including the terms and conditions including privacy policy. Minors are required to use the website with the consent of their parents or guardians. Other restrictions may apply to certain parts of the website.

1.2. "Lexipont" provides age-appropriate online English classes for children and teenagers from 6 to 18 years old. By attending the classes available on third-party platforms like Zoom, Classin, Tutorbird and/or others, students are able to learn English online individually with the help of an English Teacher, who has contractual relations with Lexipont. Lexipont also provides a third-party platform or calendar that allows Users to schedule online Classes for the Students to monitor their progress, and get important notifications.

1.3. Accepting the present Terms, the Privacy Policy, the Children’s Privacy Policy, the Cancellation Policy, and the Cookie Policy of Lexipont (collectively referred to as: “Policies”) is a prerequisite for accessing the Website, and the Platform and using the Services. The Policies form an integral part of the present Terms and Conditions and shall be construed in accordance with the provisions of the present Terms and Conditions.

2. DEFINITIONS

The following capitalized terms shall have the following meanings in the present Terms and Conditions:

Classes: shall mean an online individual class or classes held for Student to study English and conducted by a Teacher on the Platform.

Platform: a third-party online meeting and/or online classroom tool and/or user platform for tracking student performance, after-class feedback, calendar, and credit.

Contract: a specific contract concluded between the Service Provider and the User for using the Services.

Credit: lessons purchased by the User as Plan.

User's balance: number of lessons purchased by the User through Plan.

Services: services or a part of the service provided by Lexipont and accessible through the Platforms.

Student: the minor between the ages of 6 and 18 years who is represented by the User/Parent and who attends the Classes provided on the Platform.

Plan Period: a recurring period starting on the day when the User activates the purchases Plan according to the terms of the Service Provider. During this period, the User is entitled to participate in the Classes purchased with the Subscription.

Plan: refers to a specific Service plan created by the Service Provider or encompasses a customized number of classes, which are created at the User's request, for a defined period determined by the Service Provider.

Teacher: a natural person who is in a contractual relationship with Lexipont and teaches English to the Students via a third-party Platform.

Feedback: evaluation of the performance of the Teacher, or Student

Teacher's Report: evaluation of the performance of the student for a longer period of time, provided by the Teacher, solely by the User's request.

Trial Class: the first practice lesson, when the Student’s English language knowledge is determined, furthermore, the Student and User are familiarized with the Platform and the program.

User: any natural person who enters into a legal relationship with the Service Provider for the provision of the Services under the terms of the present Terms and Conditions.

User Account: an account under the name of the registered User on the Platform in relation to the Services subscribed by the User.

3. REGISTRATION OF THE USER, CONCLUSION OF THE CONTRACT

3.1 To access and use the Platform, the User must register through the Website or the Platform and accept all Terms and Conditions, including the Policies. You may also allow the Website and the Platform to interact with social networks to access and use the Platform.

3.2 The service provided by Lexipont is intended to be used by сhildren, however, minors under the age of 16 or under any other legal age of majority in their country of residence shall not register an account on the Website. Minors shall only use the Website, the Platform, and Services with the approval of their legal guardian or representative (e.g. parent, foster parent, stepparent, etc.).

3.3 The User hereby declares and warrants that the User complies with the terms of this clause, and is not incapacitated, furthermore, if the User’s legal capacity is partially limited or incompetent the legal representative or the legal guardian shall represent the User, furthermore understands and acknowledges the provisions of this Terms and Conditions. In the event of any breach of this warranty, only the User or its legal representative or legal guardian violating the warranty shall be liable for any and all damages and costs incurred thereof.

3.4 After completing the registration and accepting the Terms and Conditions and the Policies, the Service Provider activates the User Account and therewith the Contract between the User and Lexipont is concluded. The Service Provider has a right to send e-mails confirming the registration to the e-mail address provided by the User during the registration.

3.5 After registration, the User can add the Student’s details to their account by providing the names and ages of the Student.

3.6 The Service Provider shall not be liable for any damages arising from data wrongly and/or incorrectly given by the User. The Service Provider should be not obliged but is entitled to modify the detailed profile data of the User.

3.7 The Service Provider shall not be liable for any damages arising from making the Users’ e-mail address and/or password available to unauthorized persons. In a case, when the e-mail address and/or the password is forgotten, lost, or becomes available to unauthorized persons the User can request assistance from the Service Provider via email.

3.8 You may use the User Account only for personal, non-commercial purposes. The Website, the Platform may be used by the Users solely at their own risk and under their own responsibility.

4. THE SERVICES

4.1 The Platform allows the User to access the User Account and the Classes. The User is able to access the Classes only if the User purchased a Plan unless otherwise not specified by the Service Provider.

4.2 Before the User purchases a Plan, Lexipont has a right to provide a free Trial Class for the User. The Trial Class is aimed to familiarize the Student and the User with the Platform, and lesson material, as well as to determine the level of English proficiency of the Student. The completion of the Trial Class is mandatory for the Student when required by Lexipont. The Teacher of the Trial Class is selected by Lexipont and is not subject to the decision of the User. After the Trial Class, Lexipont may recommend a Teacher as well as a Class schedule for the Student depending on the Student’s English proficiency. Furthermore, The User may review the Teacher's calendar on the Platform and select a date and time that best aligns with their personal preference. Lexipont’s assessment of the Student’s English proficiency may differ from the assessment that the User previously received from a third party.

4.3 The Service Provider offers lessons with a duration of 25 (twenty-five) minutes each.

4.4 The Teacher's feedback is provided at the discretion of the Teacher and is solely their responsibility. It will be offered if deemed necessary by the Teacher after the class but is not obligatory.

4.5 A Teacher's report, including the User's performance, will be provided by the Teacher upon User's request

4.6 To be able to participate in the Classes, the User needs internet access and access to the microphone and camera on the User’s device, which shall be procured by the User independently and at the User’s expense. Lexipont will not be responsible for the impossibility of providing the Classes, or poor quality thereof, due to the inappropriate functioning of the required software, hardware, or internet access on the User’s part.

4.7 During the Classes, both the Student and the User should comply with the Privacy Policy of the Service Provider. The User acknowledges that Lexipont will record a video and photo of the Classes for the purpose of controlling the quality of the Services that Lexipont provides and for the purpose of investigating the claims of the User, furthermore to make the Student and the User able to re-watch and repeat a lesson.

4.8 The User agrees that specific photo or video records may in some cases be stored for a longer or shorter period of time if legally required and may be submitted to the Teacher, Lexipont, state authorities, or courts subject to legal grounds for such submission or in cases when where it is economically more feasible for Lexipont.

4.9 The User is allowed to select from the Teachers available depending on the Student's English proficiency and the desired schedule of the User. Lexipont may replace the Teacher at its sole discretion, however, Lexipont shall inform the User about that where applicable.

4.10 At the end of every Class, the Teacher may offer optional homework for the Student's additional practice, but its completion is not mandatory.

4.11 The Class is considered conducted properly if the User has not notified Lexipont about a complaint against the quality of the Class within 24 (twenty-four) hours from the time of the Class. The Service Provider reserves the right to consider the User's complaint on an individual basis and, if there are valid reasons, to reimburse the lesson.

4.12 Cancellation and postponement of the Classes by the User without a loss of the lesson may be arranged not later than 2 (two) hours before the start of the Class. The User’s failure to meet this deadline shall mean that the User agrees to the proposed time of the Class, and even if the Student is absent from such a Class, the Class is considered conducted properly. If the Student arrives tardily but within the initial 15 minutes of the scheduled period, the class will commence. The service provider is neither entitled nor expected to extend the duration of lost minutes due to students' tardiness.

4.13 The Teacher shall have the right to postpone and cancel Classes, having informed the Service Provider in advance not later than 2 (two) hours before the start of the Class. In this case, a substitute Teacher may be assigned to the Class if the User accepts substitutions. If a substitute Teacher is not found for a Class, the User will be notified by the Service Provider of the cancellation and a Class will not be written off from the User’s Balance. The Teacher’s failure to meet this deadline will result in the class not being deducted from the User's Balance. Instead, one Credit will be added to the user's balance as compensation. If Teacher is late by up to 10 minutes the class will commence as scheduled. Any time lost will be compensated by extending the duration of subsequent Classes or by adding extra minutes at the conclusion of the next Classes.

4.14 Communication between the User, the Teacher, and the Service Provider regarding the classes shall be done via the email published under the contact section on the Lexipont website. Lexipont shall inform the User about the assignment of Classes, the cancellation of Classes, the appointment of a substitute Teacher, and other events. Due to the nature of such communications, Lexipont does not guarantee the delivery of such messages. The User shall inform the Service Provider about the postponement or cancellation of the Class via email.

5. TYPES OF PLANS AND CONDITIONS

5.1 In order to access the Services available on the Platform, the User must choose and pay for a Plan on the Website. The current prices of the different Plan types are available on the Website. When a Plan Period ends unused classes expire and cannot be used by the User or carried over to a new Plan Period or otherwise, except as expressly clarified by Lexipont. By purchasing the Plan you agree to the posted pricing and payment terms as we may update them from time to time.

5.2 When the User chooses a Plan, the User authorizes Lexipont to make a charge of applicable Plan fees. Please note that Lexipont does not collect taxes and is not liable for taxes in the country of User's residency. Please note that the already billed Plan fees are non-refundable. Lexipont may cancel your Plan without prior notice if we cannot process payment through the provided payment method.

5.3 If the type of Plan chosen by the User is not available anymore, however, such a Plan is not canceled by the User and this Plan still exists for the User under the terms determined in the User Account, that shall not affect ongoing Plan chosen by the User until the User receives a notification from Lexipont.

5.4 The User is able to schedule the purchased Classes on the Platform according to the terms of these Terms and Conditions during the Plan Period.

5.5 At the end of the Plan Period, the unused Classes can only be transferred to the User’s Balance by the Service Provider, if that is expressly stated and applicable according to the Plan terms and conditions, chosen by the User. If not provided otherwise, Service Provider keeps the unused lessons on the User’s Balance only until cancellation of the Plan, expiration of the applicable Plan Period, or failure of the User to make a payment according to the Plan terms and conditions, chosen by the User.

5.6 The User may cancel the payment of the Plan by sending a cancellation request to the Service Provider via email not later than 1 (one) business day before the anticipated cancellation. Upon such request, Lexipont shall cancel the current payment of the User’s Plan. Additional terms or charges may apply in connection with the User’s cancellation of the Plan.

5.7 The User has the right to suspend the Plan for 30 (thirty) days unless stated otherwise by Lexipont. The User can suspend the Plan by informing the Service Provider via email not later than 1 (one) business day before the anticipated suspension. In this case, the next payment for the Plan will be postponed to the number of days for which the User has suspended the Plan, and the Classes scheduled for the period of suspension will be canceled by the Service Provider.

5.8 The User agrees that if the User does not use at least one Class during 90 (ninety) calendar days after the last used Class of the purchased Plan, the Service under the above Plan is considered to be provided in full and the Balance in the User Account becomes zero. In this case, the Service Provider does not have any obligation to refund the payment or otherwise compensate the User with the unused Classes. The same rules apply when the User obtained a certain number of Classes to its Balance in the previous periods, by participating in the Promotions of Lexipont, or by receiving a bonus or similar compensation from the Service Provider.

5.9 Lexipont is entitled to provide discounts (“Discounts”) and special offer purchases and promotions (“Promotions”) to the Users at dates and duration determined solely by Lexipont, the availability and conditions of the Discounts and Promotions shall be indicated by the Service Provider on the Website or on the Platform to inform the User. The Service Provider is entitled to introduce, terminate, and modify the conditions of the Discounts and Promotions at its own discretion, of which change shall be without delay indicated on the Website or the Platform to inform the Users. Lexipont may also provide certain discount codes (“Discount Code”) that can be used by the Users in a limited timeframe.

5.11 The payment process related to the purchasing of the Plan is processed by a third-party payment processor, depending on the payment method chosen by the User, which means the User shall be bound by the terms of that third-party payment processor. The User will get an electronic invoice issued by a third-party payment processor after the processed payment. An electronic invoice will be sent to the e-mail address provided by the User at registration or will be available in the User Account.

5.12 Upon the request of the User, on a case-by-case basis and depending on the grounds of such a request, Lexipont may consider refunding the payment of the User partially or in whole. The User agrees that proportional discounts and proportional reductions in the cost resulting from bonus programs that have been used by the User at the last payment shall be taken into account when calculating the cost of the used Classes to be deducted.

5.13 Unless otherwise stated by terms of the Plan chosen by the User, normally for cases when no lesson is used by the User under the purchased Plan or the Plan is purchased by the User for the first time and Lexipon received a notice of termination of the Contract in the first 14 (fourteen) days the cost to be refunded shall be determined based on the number of Classes in the Balance. The User shall be refunded no more than the total price such User paid at the time of purchasing the Plan.

5.14 After Lexipont’s positive decision on the refund, Lexipont shall arrange the refund within 5 (five) business days, however, the final term for the processing of the refund depends on the third-party payment processor.

5.15 All payments under the Contract shall be made by the User in time and without delay in order for Lexipont to ensure the proper provision of the Services. If the payment is overdue the Service Provider has a right not to provide the Services and terminate the Contract with the User or suspend the provision of Services at its own discretion.

6. OBLIGATIONS OF THE USER

6.1 By registration, the User is obliged to provide the User’s and the Student’s data correctly. The User shall be liable for all damages and costs incurred by the Service Provider, the User, or a third person as a result of the User providing incorrect data.

6.2 The User, in terms of the personal data and the documents uploaded by the User duringand after registration, is obliged to comply with the applicable legislation. The User and the Student shall refrain from any conduct that violates the provisions of this Terms and Conditions, the rights of others, or is otherwise unlawful, misleading, discriminatory, or unfair.

6.3 The Service Provider reserves the right to request feedback from the User, including evaluations and comments on lessons and Teachers (collectively referred to as 'Feedback') to assess overall performance, User's impressions, and for promotion or publication purposes related to the Service. The User has the option to decline commenting on or evaluating the Teacher's performance or the overall impression of the Service. Once Feedback is submitted to the Service Provider, the User will not be able to revise, update, or delete the content. The Service Provider will review Feedback and may display it once deemed appropriate. The Service Provider is not obligated to provide reasons if Feedback is not displayed on the Website or its social media platforms. The Service Provider reserves the right to not publish, remove, or delete Feedback displayed on the Website or linked social media if the content is considered inappropriate, without prior notice. In such cases, the User acknowledges that the Service Provider is not obligated to provide an explanation. The User also agrees that the Service Provider may use, without limitation, any comments delivered as Feedback on the Website or its social media platforms for promotional or publication purposes related to the Service.

6.4 The User and the Student may not upload viruses or malicious code and may not display any behavior that overloads the Website, or the Platform, makes them inaccessible, or otherwise prevents their correct operation.

6.5 Lexipont reserves the right to remove, without delay and without notice to the User, any content made available by the User that violates these Terms and Conditions, or to exclude the User and Student from any further use of the Service, if any of the User or the Student publishes such content directly or indirectly through the Website, or the Platform.

6.6 The Service Provider expressly excludes any liability for any damages, including any restitution, arising from erroneous, false, ambiguous, or unlawful content provided by the User or the Student.

6.7 The User and the Student are obliged to comply with the provisions of this Terms and Conditions and of other terms and conditions set by the Service Provider. Any damages, including restitution, resulting from the violation of such provisions shall be borne by the User. In case of a violation, Lexipont reserves the right to restrict or remove access of a User to the Service without any notice.

6.8 The User acknowledges that if, for reasons of unlawful behavior or of any other behavior that infringes the current Terms and Conditions or any other terms and conditions set by the Service Provider, the User is banned from the Services and the amounts already paid by the User for the Service shall not be recoverable.

6.9 The User agrees to use the Platform, the Website, only for purposes permitted by these Terms and Conditions as well as any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. Specifically, the User agrees and warrants that in using the Platform, the Website, the actions of the User do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where the Platform, the Website is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.

7. AMENDMENT, TERMINATION OF THE CONTRACT

7.1 The Service Provider shall be entitled to amend the present Terms and Conditions and its integral parts unilaterally at any time and publish the amendment Terms and Conditions on the Website. The amended Terms and Conditions shall apply to the Services which are initiated both prior to and subsequent to the publication of the amended Terms and Conditions.

7.2 The User shall be entitled to cancel the registration at any time via e-mail or Whatsapp button, which shall also mean the termination of the Contract concluded with the Service Provider. By canceling the registration, the User Account will be terminated, therefore the User cannot access the Classes anymore.

7.3 The Service Provider shall be entitled to unilaterally terminate the Contract with immediate effect if the User violates any of its obligations set out in this Terms and Conditions and in any other terms and conditions set by the Service Provider or in applicable law.

7.4 If the Service Provider detects, and becomes aware, furthermore the possibility arises that the User registered and/or uses the Website without the consent of the legal representative or legal guardian in case of a minor User under the age of majority, or the legal guardian in case of incapacitated User or User with partially limited capacity, the Service Provider is entitled to notify the User to verify in a reliable way in a reasonable time, but not more than 5 (five) days that the consent of the legal representative or the legal guardian has been given. If the User does not verify in a reasonable way the consent of the legal representative or the legal guardian, the Service Provider is unilaterally entitled to terminate the Contract with immediate effect and to delete the User Account.

7.5 The Service Provider reserves the right to terminate the Contract with the User at any time and at its own discretion. Lexipont shall notify the User of the termination of the Contract by sending a message to the e-mail address or phone number provided by the User during the registration.

8. INTELLECTUAL PROPERTY

8.1 By accepting this Terms and Conditions, the User acknowledges that the Services, including, but not limited to, data, information, pictures, texts, music, audio contents, any other contents, illustrations, user interfaces, audio and video clips, editorial content, as well as scripts and software used for the implementation of Services, contain such proprietary information and material the right holders of which is Lexipont, and which are protected by applicable intellectual property or other legislation, including, but not limited to, copyright protection. The User accepts that they may not use such proprietary information or contents in any other manner than the private, non-commercial use of the Services set out in these Terms and Conditions. It is prohibited to reproduce any part of the Services in any form or by any means unless expressly permitted by these Terms and Conditions. The User acknowledges that the User may not, in any way, modify, let, sell, or distribute the Services or any part thereof, and shall not be entitled to use the Service in any manner expressly not permitted.

8.2 The Lexipont name and any other trademarks, illustrations, and logos used in relation to the Service are the intellectual property of the Service Provider or the Service Provider has the rights to use them. The User shall have no rights in respect of the above-mentioned trademarks and intellectual property.

8.3 The content of the Platform and the Website, including, but not limited to, its graphic elements, text and technical solutions, the layout and design of the Platform and the Website (including the Platform) interface, the software and other solutions, ideas, and implementation used, as well as the content on the Website or on the Platform published by the Service Provider, except for the content that may be made available by the User in the course of the use of the Services, are the intellectual property of the Service Provider protected by copyright. The copying thereof, in whole or in part, violates copyrights.

8.4 The use of the Platform and the Website shall under no circumstances result in the source code being decrypted or deciphered by anyone or in any other way infringe the intellectual property rights of the Service Provider. It is also forbidden to adapt or decrypt the content or any part of the Platform or the Website; to unfairly create a User Account; the use any application by which the Website or any of its parts can be modified or indexed (e.g. search bot, or any other decryption).

9. EXCLUSION OF WARRANTY, LIMITATION OF LIABILITY

9.1 The Users may only use the Services at their own risk and accept that the Service Provider shall not be liable for any material damages or personal infringements arising in connection with the use, apart from the liability for damages caused deliberately, by gross negligence or criminal offenses, as well as for breaches of contract causing death or injuries to physical integrity or health.

9.2 The Services are provided on an “as is” and “as available” basis. The Service Provider (and its affiliates, suppliers, partners, and agents) makes no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaims any warranties or conditions, including the implied warranties of merchantability, fitness for a particular purpose, and etc.

9.3 The Service Provider excludes any liability for the User’s or the Student’s conduct. The User and the Student are fully and exclusively liable for their own conduct. The Service Provider shall be entitled but not obliged to monitor the content that may be made available by the User in the course of the use of the Services and to look for signs of illegal activity with respect to the recorded videos or photos of the Classes. The User acknowledges that the Service Provider does not assume any obligations or liability for any data that are made available, edited, or uploaded by the User or the Student.

9.4 The User shall be liable to the Service Provider for any damages sustained by the Service Provider caused by the User’s or the Student’s non-compliant and/or unlawful use of the Services.

9.5 In lack of the prior written consent of the Service Provider, the User is not entitled to use the Services for advertising or other promotional or political purposes.

9.6 If the User detects any objectionable content (which, in particular, violates the rights or legitimate interests of others, is defamatory, humiliating, abusive, inflammatory, of sexual content and threatens minors, etc.) or observes unusual operation on the Services, the User shall immediately notify Lexipont thereon. If the Service Provider finds the notification well-founded, it shall be entitled to cancel or modify the information immediately.

9.7 The Service Provider shall operate the Services with reasonable diligence and expertise. The Service Provider will do its best to ensure the continuous availability of the Services available on the Website and on the Plaform, however, due to the nature of the Internet, the Service Provider cannot guarantee the continuous operation and the continuity of the Services. The Service Provider shall not assume any liability for any direct or indirect damages caused by technical shutdowns, breaks independent of the Service Provider, or destructive applications or programs of the third parties used by the Service Provider.

9.8 Lexipont does not make any further statements and undertakes no further warranties regarding the Services, thus, in particular, it does not warrant that the User may use the Services without interruption and without error. The User acknowledges, that the Service Provider may remove, from time to time, the operation of the Services for an indefinite period, or suspend or terminate the operation of the Service for technical, operational reasons at any time, on which, if possible, the Service Provider informs the User; and the Services will be free of loss, malfunction, attack, viruses, intervention, interference, hacking or other harmful interference affecting security, which events are considered as Force Majeure events, and for which the Service Provider shall in no way be held liable.

10. MISCELLANEOUS PROVISIONS

10.1 Lexipont is entitled to place advertisements or other marketing-related content at any time on the Platform, the Website.

10.2 Lexipont may assign, transfer, or otherwise dispose of our rights and obligations under these Terms and Conditions, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Terms and Conditions. In the event that any part of these Terms and Conditions shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions, and provisions which shall continue to be valid to the fullest extent permitted by law.

10.3 Lexipont reserves the right to make changes or corrections to the Services without prior notice. The Service Provider also reserves the right to change the domain name of the Website or any changes in connection with the Platform at any time.

10.4 Any dispute arising from this Contract shall be governed by the laws of Serbia, without giving effect to any principles of conflicts of laws. The sole and exclusive jurisdiction for any dispute arising out of or in connection with this Contract shall be settled in an appropriate court in Serbia. By accepting these Terms and Conditions, the User hereby irrevocably waives objection to and consent to the jurisdiction of the courts of the Republic of Serbia.

10.5 All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless Lexipont agrees otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into the Contract, you are waiving the right to a trial by jury or to participate in a class action.

10.6 These Terms and Conditions shall enter into force upon publication on the Website and shall remain in force until its cancellation or amendment by the Service Provider. You can contact us via e-mail if you have any questions regarding these Terms and Conditions.