This page together with the documents referred to in it sets out the terms and conditions on which we provide online English language learning services as described in our website at www.abcenglish.com(the Services).

You should read these terms and conditions carefully and in full before subscribing to the Services via our website. By ordering a subscription for the Services (Subscription), you agree to be bound by these terms and conditions. Please print a copy of these terms and conditions and keep them safe for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. If you do not accept these terms and conditions, you will not be able to enter into a Subscription or use the Services available to subscribers on our website.

• WHO WE ARE

  www.abcenglish.com is a website operated by ABC English Limited, referred to throughout these terms and conditions as we or us. Please note the following information about us:

  • We are a limited company registered in England and Wales under company number 06588401.
  • Our registered office is at 50 Hollin Lane, Styal, Wilmslow, Cheshire SK9 4JH.
  • Our main trading address is ABC English , 50 Hollin Lane, Styal, SK9 4JH Cheshire.
  • Our VAT number is [933710730].


• SERVICE AVAILABILITY

  Our website is only intended for use by people resident in the Serviced Countries The List of Serviced Countries are as follows

  • Africa
  • Algeria
  • Andorra
  • Antigua and Barbuda
  • Arabia, Saudi
  • Argentina
  • Armenia
  • Aruba
  • Australia
  • Austria
  • Bahamas, The
  • Bahrain
  • Barbados
  • Belarus
  • Belgium
  • Belize
  • Bermuda
  • Bolivia
  • Bosnia and Herzgovina
  • Botswana
  • Brazil
  • Brunei Darussalam
  • Bulgaria
  • Canada
  • Cape Verde
  • Chile
  • China
  • Colombia
  • Costa Rica
  • Croatia
  • Cyprus
  • Czech Republic
  • Denmark
  • Dominica
  • Dominican Republic
  • Ecuador
  • Egypt
  • El Salvador
  • Estonia
  • European Union
  • Faroe Islands
  • Fiji
  • Finland
  • France
  • French Polynesia
  • Gabon
  • Georgia
  • Germany
  • Ghana
  • Greece
  • Grenada
  • Guatemala
  • Guyana
  • Holland
  • Hong Kong
  • Hungary
  • Iceland
  • India
  • Iran
  • Ireland
  • Israel
  • Italy
  • Jamaica
  • Japan
  • Jordan
  • Kazakhstan
  • Kenya
  • Korea, (South) Republic of
  • Kuwait
  • Krygystan
  • Latvia
  • Lebanon
  • Libyan Arab Jamahiriya
  • Lithuania
  • Luxembourg
  • Macao, China
  • Macedonia, TFYR
  • Malaysia
  • Maldives
  • Malta
  • Mauritius
  • Mexico
  • Moldova, Republic of
  • Monaco
  • Mongolia
  • Montenegro
  • Morocco
  • Netherlands
  • New Caledonia
  • New Zealand
  • Nicaragua
  • Norway
  • Oman
  • Palestinian Territory
  • Panama
  • Papua New Guinea
  • Paraguay
  • Peru
  • Philippines
  • Poland
  • Portugal
  • Puerto Rico
  • Qatar
  • Romania
  • Russia (Russian Federation)
  • Saint Kitts and Nevis
  • Saint Vincent and Grenadines
  • Samoa
  • San Marino
  • Saudi Arabia
  • Senegal
  • Serbia
  • Seychelles
  • Singapore
  • Slovakia
  • Slovenia
  • Solomon Islands
  • South Africa
  • Spain
  • Sri Lanka
  • Suriname
  • Sweden
  • Switzerland
  • Taiwan
  • Tonga
  • Trinidad and Tobago
  • Tunisia
  • Turkey
  • Ukraine
  • United Arab Emirates
  • United Kingdom
  • United States
  • Uruguay
  • Venezuela
  • Vietnam
  • Virgin Islands, US
  • Zimbabwe

  We do not accept Subscriptions from individuals outside those countries. Some restrictions are placed on the extent to which we accept Subscriptions from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before requesting a Subscription from us.



• WHO YOU ARE

  By placing an order for a Subscription through our website, you warrant to us that:

  • You are legally capable of entering into binding contracts.
  • You are at least 18 years old.
  • You are resident in one of the Serviced Countries; and
  • You are accessing our website from that country.


• HOW THE CONTRACT BETWEEN YOU AND US IS FORMED

  After placing an order for a Subscription and provided that you are logged in, you will see your invoice in My Account acknowledging that we have received your order. The contract between us (Contract) will only be formed when we have made your invoice available to you in My Account. Your Subscription will start immediately that we have made your invoice available to you (regardless of whether or when you actually view your invoice). All orders for Subscriptions are subject to acceptance by us, which we will confirm by issuing your invoice. Please note that, until we have issued your invoice, we will not have accepted your Subscription.

  Subject only to paragraph 7 below, the Contract for a Subscription will continue for the period for which you have bought the Subscription from the date specified in the invoice (the Subscription Period). You may cancel the Contract (and therefore the Subscription) at any time, but unless it is cancelled in accordance with paragraph 7 below, we will not refund the amount you have paid for the Subscription.

• PASSWORD

  When you have created your account, you will also be permitted to create your unique password.

  Your password is personal to you and may not be used by anyone else to access our website or your Subscription, or to use the Services in any way. You will not allow or do anything that would enable or assist anyone who is not a Subscriber to gain access to any registration area of our website, or to your password, Subscription or to the Services. If you believe that someone may be using your email address, password or Subscription fraudulently you should notify us immediately by emailing info@abcenglish.com.

  We may suspend or terminate your Subscription at our option and without any liability to you if we know or have reasonable cause to believe that your password has been or is being used by any third party to gain access to your Subscription or to the Services.

• OUR RELATIONSHIP WITH THIRD PARTIES

  Where we provide links on our website to the websites of other organisations, (whether affiliated with us or not), we cannot give any undertaking that any goods or services you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.

• CONSUMER RIGHTS

  You may cancel a Subscription at any time. However, you will not be entitled to a refund once you have agreed to us beginning to provide the Services to you that are covered by your Subscription. By ordering a Subscription, you are agreeing to us starting to provide these Services to you immediately after your invoice has been sent to you. Once we have sent you your invoice, we will have started providing the Services to you and you will not be entitled to a refund. You can evaluate the Services that we provide before buying a Subscription by registering for a free trial.

  If you cancel a Subscription before we send you your log in details for your Subscription, we will give you a full refund of the price paid for the Subscription in accordance with our refunds policy, which is set out in paragraph 9 below. To cancel a Subscription you must inform us of your decision by email to info@abcenglish.com

  Details of your rights and how to exercise them are provided in the Subscription Confirmation. Your statutory rights are not affected.

• PRICE AND PAYMENT

  The price of Subscriptions will be as quoted on our website from time to time, except in cases of obvious error. These prices are in pounds sterling and include UK VAT. Please contact us by emailing info@abcenglish.com if you have any queries regarding the pricing of Subscriptions or if you are located outside the European Union or are registered for VAT in a European Union member state.

  We may change our prices at any time, but any changes we make will not apply to orders for Subscription in relation to which we have already sent you your invoice.

  Payment for Subscriptions must be made in pounds sterling by credit or debit card. We will charge your credit or debit card with the sum owed to us as soon as we accept your order for a Subscription.

• REFUNDS POLICY

  Subscriptions cancelled by you in accordance with paragraph 7 above will be refunded in full. You will not be entitled to a refund if you cancel your Subscription after we have sent you your log in details for the Subscription.

  Where you qualify for a refund, we will notify you of your refund via e-mail within a reasonable period of time, and we will usually refund the money to you using the same method you originally used to pay for the Subscription. We will usually process the refund as soon as possible and, in any case, within 30 days of the day we received your cancellation.

• OUR LIABILITY
  
  
  • We will use reasonable skill and care in making your Subscription available to you. Otherwise, to the extent permitted by law, Subscriptions are provided without any warranties or guarantees. In particular, we do not warrant that our website or any of its contents are virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties.
  
  
  • Although we will do our best to provide constant, uninterrupted access to your Subscription on our website, we do not guarantee this. We accept no responsibility or liability for any interruption, unavailability or delay in relation to (without limitation) use of the website, the Services, your Subscription, or any remote tutor support provided.
  
  
  • Our liability to you in connection with any Subscriptions purchased through our website is strictly limited to the purchase price of the Subscription in question and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
  
  
  • However we do not exclude or limit in any way our liability to you:
    • For death or personal injury caused by our negligence.
    • Under section 2(3) of the Consumer Protection Act 1987.
    • For fraud or fraudulent misrepresentation.
    • For any matter in relation to which it would be illegal for us to exclude, or attempt to exclude, our liability.
    
    
  • We do not accept liability for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
    • loss of income or revenue
    • loss of business
    • loss of profits or contracts
    • loss of anticipated savings
    • loss of data
    • loss of data, or
    • waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this paragraph 10(e) shall not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraph 10(c) or any other claims for direct financial loss that are not excluded by any of categories (i) to (vii) inclusive of paragraph 10(e).


• DUTIES AND TAXES

  If you order a Subscription from outside the UK, it may be subject to duties and taxes that are levied locally. You will be responsible for payment of any such duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

  Please also note that you must comply with all applicable laws and regulations of the country from which you are ordering a Subscription. We will not be liable for any breach by you of any such laws.

• PRIVACY POLICY AND WEBSITE TERMS OF USE

  All information received by us in relation to your Subscription and/or your use of our website will be handled in accordance with our Privacy Policy When accessing our website and using the Services, you will be bound by our website terms of use.

• COMMUNICATING WITH YOU IN WRITING

  In certain circumstances, the law requires that we must communicate with you in writing. When using our website, you accept that our principal means of communicating with you will be electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For the purposes of your Contract with us, you agree to our communicating with you by electronic means, and you acknowledge that any Contracts, notices, information and other communications that we provide to you by those means comply with any legal requirements that such communications be in writing. Your statutory rights are not affected.

  All communications between you and us must be in English.

• NOTICES

  Except where otherwise stated in these terms and conditions, any notices you send to us must be given to ABC English Limited at 50 Hollin Lane, Styal, Wilmslow, Cheshire SK9 4JH. We may give notice to you at either the e-mail or postal address you provide to us when you place your order, or in any of the ways specified in paragraph 13 above.

  Notice will be deemed received and properly served:

  • immediately when posted on our website.
  • 24 hours after an e-mail is sent.
  • 3 days after the date of posting of any letter.

  In proving the service of any notice, it will be sufficient to prove:

  • in the case of a letter, that it was properly addressed, stamped and placed in the post.
  • in the case of an e-mail, that it was sent to the specified e-mail address of the addressee.


• TRANSFER OF RIGHTS AND OBLIGATIONS

  The Contract between us binds both you and us, and our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any Contract with us, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract between us, or any of our rights or obligations arising under it, at any time during the term of the Contract in question.

• EVENTS OUTSIDE OUR CONTROL

  We do not accept any liability for any failure to perform or delay in performing any of our obligations under a Contract between us where such failure or delay is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (but without limitation) service downtime, interruptions, problems with software, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, or the acts, decrees, legislation, regulations or restrictions of any government.

  Our performance of any Contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close, or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

• WAIVER

  A waiver by us of any of these terms and conditions shall not be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above. No such waiver shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.

• SEVERABILITY

  If the whole or any part of any provision of these terms and conditions is or becomes invalid, void or unenforceable for any reason, then it shall to the extent required be severed from these terms and conditions and rendered ineffective so far as is possible without modifying the remaining provisions, and shall in no way affect the validity or enforceability of any other provisions.

• ENTIRE AGREEMENT

  These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract between us, and will supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

  Each of us acknowledges that, in entering into a Contract, we have not relied on any representation, undertaking or promise given by the other party or implied from anything said or written in negotiations between us prior to such contract, except as expressly stated in these terms and conditions.

  Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract between us (unless such untrue statement was made fraudulently) and in such circumstances the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

• OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

  We have the right to vary these terms and conditions from time to time, and we encourage you to revisit them periodically to ensure that you are fully aware of them at all times. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and any changes to them.

  You will be subject to the policies and terms and conditions in force at the time that you order a Subscription from us, unless any change to those policies or terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or terms and conditions before we send you the Subscription Confirmation (in which case we have the right to assume that you have accepted the change, unless you notify us to the contrary within 7 working days of receipt of the Subscription Confirmation).

• THIRD PARTY RIGHTS

  These terms and conditions are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

• LAW AND JURISDICTION

  Contracts for the purchase of Subscriptions through our website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.