BY USING ENGLISHDIGITALACADEMY.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.
To read our Terms of Service please click here
TERMS AND CONDITIONS
These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Parties agree that the Service is in the nature of education. The scope of services provided by English Digital Academy according to this Agreement are limited to those listed on englishdigitalacademy.com website. We reserve the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
TERMS OF PURCHASE
English Digital Academy is an online school and online shop for online training, courses, resources and other content relating to upper intermediate and advanced English learning.
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against English Digital Academy when there are reasonable delays in the access of the Service.
English Digital Academy reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorised use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
PROFICIENCY PROJECT: SUBSCRIPTIONS, CANCELLATIONS & REFUNDS
Monthly subscription: If you are paying a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped.
You will continue to have access to the Service for 60 days only after the completion of module 12.
One-off payment: if you have paid an annual subscription, your access to the Service will end 60 days after the release of module 12.
We offer a 14 day money back guarantee on our membership should you be unhappy with the Service in the first two weeks of your subscription. To request a refund please contact support at firstname.lastname@example.org
The 14 day refund period only applies to your first subscription and cannot be used more than once.
This refund policy does not apply to our digital products or courses outside of Proficiency Project. Please see below.
You may also cancel your monthly subscription at any time via your account page, but due to the nature of the Service no refunds will be made for any subscription fees already paid, excluding the 14 day money back guarantee as stated above.
Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
No partial refunds are given should you terminate an annual one-off payment before your renewal date, however you will retain access to the Service until the end of your annual payment term.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
Founding Members Price
Founding members will always pay the discounted rate for as long as they are subscribed (even when the price increases). However, if you cancel your subscription and then join again later, you will have to pay whatever price it is at that moment of subscription.
REFUND POLICY FOR DIGITAL PRODUCTS AND COURSES OUTSIDE OF THE MEMBERSHIP
We have a No Refund, No Return Policy on any digital product outside of Proficiency Project unless otherwise stated here. If you have any queries before purchase, please contact us for a consultation.
DRIPPED MODULES IN THE MEMBERSHIP
You will receive a new module every 30 days for as long as your subscription is active. It is not possible to access modules until they are released unless you upgrade to the one-off payment.
All of our lessons are designed for people who already have an English level of upper intermediate or higher (B2, C1, C2). The material is not suitable for lower levels. Course work is prepared for students who have an upper intermediate and advanced level understanding of the English language. Members who lack the sufficient English level to participate in the course work will not receive additional teaching support, above and beyond that given to all other members.
If you are unsure that the level is suitable for you, it is advised to contact us for a consultation.
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Our forums help build a strong community and are a fundamental part of our language practice methodology. Messages posted by our community members are solely the opinion and responsibility of the person posting the message. EDA are in no way liable for the opinions expressed by members.
All users posting to our forums must adhere to this Forum Posting Policy* to help ensure that the our Forums remain an enjoyable environment for everyone. Violating these rules may result in your removal from the forums as well as other English Digital Academy services.
*The Forum Posting Policy can be read inside the membership.
Teacher participation in the forum is to help and support students improve their English. Teachers will respond to comments during office hours Monday-Friday.
ELIGIBILITY AND REGISTRATION OF FREE ACCOUNTS AND COMMUNITY RULES
To use our Services, you may need to register with our Website to create a free account.
Our Company has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration or delete an account with or without explanation.
Our Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorised, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement.
Our services are reserved exclusively for learners of English.
Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. EDA is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, EDA will submit all necessary information to relevant authorities.
If any Member Content is reported to Our Company as being offensive or inappropriate, we may delete the account or ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Our Company. If the Member fails to meet such a request, Our Company has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
Violates any local, state, federal, or international laws
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
Links directly or indirectly to any materials to which you do not have a right to link
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
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, or to extract information from our Website(s) or Services
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
In the sole judgment of [Our Company] is objectionable or restricts or inhibits any other person from using or enjoying our Website(s) or Services, or which may expose [Our Company], our affiliates, or our Users to any harm or liability of any type.
Use our Content to:
Develop a competing website
Create compilations or derivative works as defined under European copyright laws
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
Decompile, disassemble, or reverse engineer our Website, Services, and any related software
Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ENGLISH DIGITAL ACADEMY AND KERIN GOODALL ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ENGLISH DIGITAL ACADEMY AND KERIN GOODALL HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ENGLISH DIGITAL ACADEMY OR KERIN GOODALL’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM US. IF NO PURCHASE HAS BEEN MADE BY YOU ENGLISH DIGITAL ACADEMY OR KERIN GOODALL’S CAN IN NO WAY BE HELD LIABLE.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with English Digital Academy. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and English Digital Academy pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by English Digital Academy shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by English Digital Academy.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Effective: Dec 23rd 2019
Update: Aril 2nd 2020
Update: July 14th 2020
TERMS OF SERVICE
Please read these Terms of Service carefully before purchasing, accessing or using any of our Programs, Products and Services.
This website englishdigitalacademy.com is owned and operated by Kerin Goodall Partita IVA 06668200485
(“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services.
These Terms of Service (“Terms of Service”) state how you may use our Programs, Products and Services and Program Materials, and their content. Please read these Terms of Service carefully. We reserve the right to change these Terms of Service from time to time.
By using this site and any of our Programs, Products and Services you are agreeing to the Terms of Service as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Service, please do not use our Programs, Products and Services.
These Terms of Service require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
The copying, redistribution, use, or publication by you of any of our content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of English Digital Academy or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from English Digital Academy.
You may download and/or print Program Materials for your own personal use in your business.
However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own business use.
Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you enrol in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.
You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.
You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You may not engage in improper and/or unauthorized use of our Program Materials or any other information related to our Programs, Products, or Services. Unless otherwise explicitly authorized in these Terms of Service, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through our Programs, Products or Services or any other communications provided by us to you promoting or relating to the Programs, Products or Services.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Products or Services or Program Materials as set forth in these Terms of Service is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. Our Programs, Products, Services and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Products, Services and Program Materials. Our Programs, Products, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Products, Services and Program Materials.
We take every precaution to protect our Programs, Products, Services and Program Materials. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Programs, Products, Services and Program Materials or the contributions or information transmitted to us on or through our Website or our Programs, Products, Services and Program Materials. Submitting contributions or information on our through our Programs, Products, Services and Program Materials is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Programs, Products, Services and Program Materials and you agree that you are assuming such risks.
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.
Use of External links
Our site may contain links to many other websites. English Digital Academy cannot guarantee the accuracy of information found at any linked site. Links to or from external sites not owned or controlled by English Digital Academy do not constitute an endorsement by English Digital Academy or any of its employees of the sponsors of these sites or the products or information presented therein.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Use of Testimonials
In accordance to with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials that appear on this site are actually received via email, text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way. They are individual results and results do vary. We do not claim that they are typical results. The testimonials are not necessarily representative of all of those who will use our products and/or services.
The testimonials displayed in any form on this site (text, audio, video or other) are reproduced verbatim, except for correction of grammatical or typing errors. Some may have been shortened. In other words, not the whole message received by the testimonial writer is displayed when it seems too lengthy or not the whole statement seems relevant for the general public.
Disclaimers and Limitation of Liability
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.
The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.
Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot predict and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.
Limitation of Liability
English Digital Academy makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contained on this website or any sites linked to this site.
All the materials on this site are provided ‘as is’ without any express or implied warranty of any kind, including warranties of merchantability, noninfringement of intellectual property or fitness for any particular purpose. In no event shall English Digital Academy or its agents or associates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if English Digital Academy has been advised of the possibility of such loss or damages.
If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.
English Digital Academy makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contained on this website or any sites linked to or from this site.
Our Website may publish content supplied by third parties and users. Accordingly, we have no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, users, or any other user of our Website, are those of the respective author(s) and not of us. We do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
WE MAKE NO WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF OUR WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ERRORS AND OMISSIONS.
Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. You agree that we are not responsible for the views, opinions, or accuracy of facts referenced on or through our Website, or of those of any other individual or company affiliated with our business or us in any way. Because scientific, technology and business practices are constantly evolving, you agree that we are not responsible for the accuracy of our Website, or for any errors or omissions that may occur.
If you have any questions regarding this policy, or your dealings with our website, please contact us here:
Effective: Dec 23rd 2019