Terms and Conditions

Cancellation Policy

Lessons which have not been used may be refunded upon request up to 60 days after the original date of purchase, less any bank, currency exchange, or transfer fees. If a lesson is cancelled after this cut-off period, it will not be refunded.

All lessons must be taken within 12 months of purchase. Teachers reserve the right to cancel without refund any lessons which have not been taken by this 12-month cut-off date.

If you do not pay the full lesson package fee at least 24 hours before the first lesson is due to begin, your lesson/s will be cancelled automatically.

To save money, instead of cancelling your lesson, you should re-schedule your lesson.

If you re-schedule your lesson for a different time or date, you will not lose that lesson from your package – this lesson will be transferred to the new time or date for no added fee. However, you must meet these conditions:

You must email your teacher (hello@ubienglish.com) with the new time or date that you would like the lesson.

You must send this email a minimum of 12 hours before the lesson is due to start.

You may only reschedule a lesson twice. If you cannot make your second rescheduled lesson (third overall lesson), your lesson will be cancelled and you will lose that lesson from your package. If you do not reschedule your lesson a minimum of 6 hours before your lesson is due to start, your lesson will be cancelled and you will not receive a refund.

Teacher Cancellations

On very rare occurrences, such as an emergency or an illness, your teacher may be unable to teach your lesson. If this ever happens, the teacher will try to give you at least 24 hours notice but you must accept that this can occasionally happen on the day of the lesson itself. In cases where your teacher cannot teach the scheduled lesson, the lesson will be rescheduled.

Lesson Times

You must be on time for your lessons. Teachers will wait a maximum of 10 minutes for you to come to your class. If you have not arrived within 10 minutes, your lesson will be cancelled and you will not receive a refund. The lesson will run from the time it was due to start. So if you arrive 10 minutes late, you will lose 10 minutes from your lesson. Sometimes teachers will have another lesson to teach immediately after yours. Teachers try to schedule their lessons at least 15 minutes apart, but sometimes this isn’t possible. In these rare cases, you must accept that your lesson might finish up to 10 minutes early.

Internet Problems

One of the reasons a discounted trial lesson is offered is so that we can see if your internet connection is fast enough and reliable enough for lessons. If your teacher feels that your internet is not fast or reliable enough, we will not be able to offer you any lessons. Sometimes during a lesson, your internet may stop working. If you can get your internet working again within 5 minutes, and if your teacher does not have another lesson immediately after yours, you will not lose any lesson time. Your teacher will add those 5 minutes to the end of the lesson. However, your teacher will not add any more than 5 minutes.

If your internet stops working more than once during a lesson, your teacher may be forced to cancel the lesson, and they may advise you to speak to your internet provider before you can have another lesson.

Although our teachers try to make their internet as reliable as possible, occasionally a connection may stop working in the middle of a lesson. If this happens, you will not lose any lesson time. For every minute a teacher’s internet isn’t working, a minute will be added to the end of your lesson, or to the next lesson if you would prefer. If a lesson is scheduled immediately after yours, these lost minutes will have to be added to the end of the following lesson.

IELTS Exam Results

Our teachers pride themselves on their ability to help students get the IELTS scores they require in order to achieve their specific goals. A great amount of effort is put into crafting each and every lesson with the target of preparing students for everything the IELTS exam might throw at them, and giving them the tools and techniques to boost their chances of success.

However, despite best efforts, sometimes results do not meet expectations. When you commit to lessons with Ubi English, you accept that Ubi English does not take any responsibility for a disappointing score, and that there can be no refunds in such cases.

The Fine Print: Terms of Service

The following terms and conditions govern all use of the https://ubienglish.com and Ubi English presences on social media websites (#Ubi English, @Ubiquitous English, @Ubi_English, @UbiEnglish). The Website (https://ubienglish.com) is owned and operated by Ubi English. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our privacy policy and procedures that may be published from time to time on this Site by Ubi English (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Ubi English, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Account and this Website. If you create a blog or comment on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog or comment in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Ubi English may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Ubi English Teacher liability. You must immediately notify Ubi English of any unauthorized uses of your blog, your account or any other breaches of security. Ubi English will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and

you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Ubi English or otherwise.

By submitting Content to Ubi English for inclusion on your Website, you grant Ubi English a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Ubi English will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Ubi English has the right (though not the obligation) to, in Ubi English’s sole discretion (i) refuse or remove any content that, in Ubi English’s reasonable opinion, violates any Ubi English policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Ubi English’s sole discretion. Ubi English will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal.

General Terms.

Ubi English lessons through Skype, Zoom, and other online services, can be purchased by users of this website. Payment for Lesson Packages and Writing Corrections must be made in full before the lessons/corrections can be completed.

Responsibility of Website Visitors. Ubi English has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Ubi English does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Ubi English disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Ubi English links, and that link to https://UbiEnglish.com. Ubi English does not have any control over those non-WordPress websites and webpages, and is not responsible for their contents or their use. By linking to a non-WordPress website or webpage, Ubi English does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Ubi English disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.

Copyright Infringement and DMCA Policy. As Ubi English asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WordPress.com violates your copyright, you are encouraged to notify Ubi English in accordance with Ubi English’s Digital Millennium Copyright Act (“DMCA”) Policy. Ubi English will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Ubi English will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Ubi English or others. In the case of such termination, Ubi English will have no obligation to provide a refund of any amounts previously paid to Ubi English.

Intellectual Property. This Agreement does not transfer from Ubi English to you any Ubi English or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Ubi English. Ubi English, WordPress, WordPress.com, the WordPress.com logo, and all other trademarks, service marks, graphics and logos used in connection with WordPress.com, or the Website are trademarks or registered trademarks of Ubi English or Ubi English’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Ubi English or third-party trademarks.

Changes. Ubi English reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Ubi English may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. Ubi English may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Website is provided “as is”. Ubi English and it’s suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchant ability, fitness for a particular purpose and non-infringement. Neither Ubi English nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability. In no event will Ubi English, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Ubi English under this agreement during the twelve (12) month period prior to the cause of action. Ubi English shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Ubi English Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada, the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless Ubi English, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between Ubi English and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Ubi English, or by the posting by Ubi English of a revised version. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Ubi English may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Liability

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

Very important: If you are a consumer (i.e. not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

such loss or damage is not a reasonably foreseeable result of any such breach;

such loss or damage is caused by you, for example by not complying with this agreement; or

such loss or damage relates to a business.

Very important: If you are a consumer (i.e. not acting in the course of a business), you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

The following clauses apply only if you are a business (including Advertisers):

To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to $100 CAD or the total fees payable by you in the 12 months before the event(s) complained of, whichever is higher.

In no event (including our own negligence) will we be liable for any:

economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

loss of goodwill or reputation;

special, indirect or consequential losses; or

damage to or loss of data(even if we have been advised of the possibility of such losses).

You will indemnify us against all claims and liabilities directly or indirectly related to your Advertisement or the advertised goods or services and/or breach of this agreement.

This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

“Act of God”. Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control (for example, outages at third party networks) . If our Service is unavailable for more than 14 days, you are entitled to cancel this agreement and obtain a refund of any subscription payment made for the period that the Service was unavailable.

Transfer. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.