Last updated on 28.11.2022
1. AGREEMENT TO TERMS AND CONDITIONS
These terms and conditions (hereinafter the “Heylama Terms or “Terms of Service”) outline the rules and regulations for using HeyLama GmbH's Websites, Marketplace, and learning tools, as well as any other media forms, media channel, mobile website, mobile application related, linked or connected to heylama.com, heylama.app, and related subdomains. We refer to these properties as “website and applications” or “website” or “Site” or “applications” or “marketplace” in the document.
These Heylama Terms and Conditions shall be a binding agreement between HeyLama GmbH (referred to as “Heylama”, “we”, “us”) and you as an individual or the Company you represent. Heylama is registered in Berlin, Germany with the official registered address located at ℅ Antler Innovation GmbH, Novalisstr. 10, 10115 Berlin, Germany. Our VAT registration number is DE346343774. Heylama offers a digital marketplace and tools for language learning.
You accept these terms and conditions to access and use the website and applications. Your continued use of this website means that you acknowledge that these Heylama terms are a contract between you and Heylama, even though it is electronic and is not physically signed by you and Heylama. It governs your use of the Service.
Please do not continue to use Heylama websites and apps if you do not agree with or cannot be bound by these Heylama terms and conditions in their entirety.
2. YOUR RELATIONSHIP WITH HEYLAMA
Heylama offers a platform for language learning where users may use our Matchmaking/Connecting Services to interact directly with each other and Learning tools and features and use our learning features and tools. You may access and use our Site and applications as:
You hereby acknowledge and agree that Heylama is not a party to agreements between Students and Tutors. Both Tutors and Students are independent users not formally affiliated with Heylama. Heylama isn’t a language school, language service broker, or agent. Heylama has no control over the behavior and conduct of Tutors, Students, or any other user of the Heylama website or apps.
If you decide to teach on Heylama, you hereby agree and acknowledge that you accept the tutor policy and that your relationship with Heylama is limited to being a registered user of the platform and an independent, third-party tutoring service provider and not an employee or partner of Heylama for any reason. You act solely on your behalf and for your own benefit and do not represent Heylama or act on behalf of Heylama. While we do our best to ensure a safe, high-quality and friendly experience for all users, Heylama does not control and has no right to control your profile information, your listing (“lesson type offerings”), your activities associated with your profile or listed lesson types (services), or any other matters related to any services that you provide. As an independent tutor on our platform, you agree to take a full responsibility for observing and abiding by your local tax and social security regulations.
We reserve the right to refuse service to anyone for any reason at any time.
3. DESCRIPTION OF THE HEYLAMA SERVICES
Heylama offers the following services:
Matchmaking and connection services for language learning purposes
Heylama is an online platform or marketplace that facilitates user connection, specifically between Students and Tutors.
To eliminate misinterpretation, Heylama is an intermediary marketplace that facilitates the connection between Tutors and Students for language learning purposes. Heylama isn’t a language school, language service broker, or agent and does not partake in direct interactions between users. Both Tutors and Students are independent users of the Site and Applications.
Features and tools for language learning and practice
4. LESSON BOOKING OPTIONS AND BUNDLES POLICY
4.1. Heylama aims to simplify the process of booking lessons and promote consistent learning for students. To achieve this, Heylama offers multiple lesson booking options, including single lessons and lesson bundles.
4.2. Students may choose to purchase a lesson bundle, which offers a discounted rate for multiple lessons booked at once. Currently, Heylama offers two lesson bundle options: a 5-lesson bundle with a 5% discount and a 10-lesson bundle with a 10% discount. Heylama reserves the right to modify or introduce additional bundle options and discounts at its sole discretion. In the event of any changes to the bundle offerings, Heylama shall provide at least 2 weeks' advance notice to affected tutors.
4.3. If a student has purchased a lesson bundle and has not yet attended any lessons within that bundle, they are eligible for a full refund upon request. Refunds for lesson bundles are not available once the student has attended at least one lesson from the bundle, regardless of whether the remaining lessons have been booked.
4.4. Students have 60 days from the date of purchase to book and schedule all lessons within a bundle. Once booked, students have a total of 90 days from the date of purchase to attend all lessons. If a student does not book all lessons within the 60-day booking period or attend all booked lessons within the 90-day attendance period, the remaining lessons will be forfeited, and no refunds or credits will be issued for unused lessons.
4.5. Tutors acknowledge and agree that lesson bundles provide students with discounted rates for bulk lesson purchases. By accepting these Terms and Conditions, tutors agree to honor the discounted rates applicable to lesson bundles and to cooperate with Heylama in providing a seamless booking and learning experience for students who choose to purchase lesson bundles.
5. REFUND POLICY
Students are allowed to cancel or reschedule confirmed lessons unless the time remaining until the lesson in question is less than 24 hours (Short-notice cancelations).
If the confirmed lesson is in less than 24 hours, students can appeal to their tutors for rescheduling or cancellation with refund. As outlined in our Tutor Policy, it’s entirely up to the Tutor and at their discretion to accept or reject the short-notice cancelation or rescheduling request.
If the time until the lesson is more than 24 hours and Student cancels the lesson, a full refund to the respective student account will be processed. Heylama relies on third-party payment service providers and is not responsible for any potential currency exchange or service fees that these providers might charge when processing the refund.
6. CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
7. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and Marketplace contents are our proprietary property. All source code, databases, software, designs, audio, video, text, images, logos, and graphics on the Site are owned by Heylama or are licensed to Heylama. These contents are protected by copyright and trademark laws in Germany, the EU, and internationally.
No part of the marketplace or content presented on our Site can be copied, traded, distributed, licensed, or publicly transmitted without prior consent.
8. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
9. MODIFICATIONS TO THE SERVICE AND PRICES
Heylama commission fees for our services or prices for tools and content are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of Service
10. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made on Heylama. You agree to promptly update your account and other information, including your email address (and credit card numbers and expiration dates on the third-party payment service providers we use), so that we can complete your transactions and contact you as needed.
11. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We 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 also be subject to these Terms of Service.
12. THIRD-PARTY LINKS
Certain content, products, and Services available via our Site may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
13. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send feedback, reviews, support requests, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
14. USER-GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
15. PERSONAL INFORMATION
16. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
17. PROHIBITED USES
In addition to other prohibitions as outlined in the Terms of Service, you agree NOT to:
18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall HeyLama GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless HeyLama GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
22. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
23. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.
24. HOW TO CONTACT US
If you have any questions about this policy statement or about any of HeyLama’s other policies and practices, please contact us at help(at)heylama.app.
heylama.com and related services are, if not otherwise specifically mentioned, supplied by:
℅ Antler Innovation GmbH
Last updated on 13.04.2022