PRIVACY

Updated: 2/22/2022

Xpertly Policies, Terms, and Conditions

These Terms Govern:

  • The use of this Platform and any other related Agreement or legal relationship with Xpertly in a legally binding way. 

  • Capitalized words are defined in the relevant dedicated section of this document. The User must read this document carefully.

 

What the User Should Know at a Glance:

  • The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in Portugal, is consistently referred to as "the right of withdrawal" within this document. Please note that some provisions in these Terms may only apply to specific categories of Users. 

  • In particular, specific provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Terms of Use:

Unless otherwise specified, the terms of use detailed in this section generally apply when using this Platform.

  • Single or additional conditions of use or access may apply in specific scenarios and, in such cases, are additionally indicated within this document.

 

By using this Platform, Users confirm to meet the following requirements:

 

  • There are no restrictions for Users in terms of being Consumers or Business Users;

 

Account Registration:

To use the Service, Users must register or create a user account, providing all required data or information entirely and truthfully.

 

Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Platform.

By registering, Users agree to be fully responsible for all activities under their username and password.

Users are required to immediately and unambiguously inform Xpertly via the contact details indicated in this document if they think their personal information, including but not limited to user accounts, access credentials, or personal data, has been violated unduly disclosed, or stolen.

Account Termination:

Users can terminate their account and stop using the Service at any time by doing the following:

  • By directly contacting us at the contact details provided in this document.

Account Suspension and Deletion:

Xpertly reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive, or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any compensation, damages, or reimbursement claims.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying applicable fees or prices.

Content on this Platform:

Unless otherwise specified or recognizable, all content available on this Platform is owned or provided by Xpertly or its licensors.

 

Xpertly undertakes its utmost effort to ensure that the content provided on this Platform infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights Regarding Content on this Platform - All Rights Reserved:

Xpertly holds and reserves all intellectual property rights for any such content.

Therefore, users may not use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on this Platform, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Platform, the User may download, copy and/or share some content available through this Platform for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by Xpertly are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content Provided by Users:

Xpertly allows Users to upload, share or provide their information to this Platform. 

 

By providing information to this Platform, Users confirm that they are legally allowed to do so and are not infringing any statutory provisions and/or third-party rights.

Rights Regarding Information Provided by Users:

Users acknowledge and accept that by providing their information on this Platform, they grant Xpertly the license to process such information solely for the operation and maintenance of this Platform as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with information they provide to this Platform.

Users acknowledge, accept and confirm that all information they provide through this Platform is provided subject to the same general conditions set forth for content.

Liability for Provided Information:

Users are solely liable for any information they upload, post, share, or provide through this Platform acknowledge and accept that Xpertly does filter or moderate such information.

However, Xpertly reserves the right to remove, delete, block or rectify such information at its own discretion and to, without prior notice, deny the uploading User access to this Platform:

  • If any complaint based on such information is received;

  • If a notice of infringement of intellectual property rights is received;

  • Upon order of a public authority; or

  • Where Xpertly is made aware that the information while being accessible via this Platform may represent a risk for Users, third parties, and/or the availability of the Service.

The removal, deletion, blocking, or rectification of information shall not entitle users who have provided such information or are liable for it to any claims for compensation, damages, or reimbursement.

Users agree to hold Xpertly harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Platform.

Access to External Resources:

Through this Platform, Users may have access to external resources provided by third parties. Users acknowledge and accept that Xpertly has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.

Acceptable Use:

This Platform and its Services may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for ensuring that their use of this Platform and/or their Service violates no applicable law, regulations, or third-party rights.

Therefore, Xpertly reserves the right to take any appropriate measure to protect its legitimate interests, including by denying Users access to this Platform or their Services, terminating contracts, reporting any misconduct performed through this Platform or their Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected of engaging in any of the following activities:

  • violate laws, regulations, and/or these Terms;

  • infringe any third-party rights;

  • considerably impair Xpertly's legitimate interests;

  • offend Xpertly or any third party.

Software License:

Any intellectual or industrial property rights and any other exclusive rights on software or technical applications embedded in or related to this Platform are held by Xpertly and/or its licensors.

Subject to Users' compliance with and notwithstanding any divergent provision of these Terms, Xpertly merely grants Users a revocable, non-exclusive, sub-licensable, and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for this Platform and their services offered.

This license does not grant Users any rights to access, usage, or disclosure of the source code.

 

All techniques, algorithms, and procedures contained in the software and any related documentation is Xpertly's or its licensors' sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this license, Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.

Xpertly reserves the right to release updates, fixes, and further developments of this Platform and/or its related software and provide them to Users for free. Users may need to download and install such updates to continue using this Platform and/or its related software.

New releases may only be available against the payment of a fee.

The User may download, install, use and run the software on one device.

TERMS AND CONDITIONS OF SALE

Paid Services:

As part of the Service, all of the Products provided on this Platform are provided based on payment.

The fees, duration, and conditions applicable to the purchase of such Services are described below and in the dedicated sections of this Platform.

Service Description:

Prices, descriptions, or availability of our Services are outlined in the respective sections and are subject to change without notice.

While Services on this Platform are presented with the most excellent accuracy technically possible, representation on this Platform through any means (including, as the case may be, graphic material, images, colors, sounds, videos) is for reference only. It implies no warranty as to the characteristics of the purchased Service.

The characteristics of the chosen Service will be outlined during the purchasing process.

Purchasing Process:

Any steps are taken from choosing a Service to order submission form part of the purchasing process.

The purchasing process includes these steps:

  • Users must choose the desired Service and verify their purchase selection.

  • After reviewing the information displayed in the purchase selection, Users may place the order by submitting it.

Order Acceptance:

  • Unless the order receipt expressly includes the acceptance of the order, in which case the contract is then entered into, the purchase contract is entered into at the moment the User receives the communication of order acceptance.

  • Subject to availability and Xpertly's discretion, the order shall be accepted without undue delay.

  • If the order is not accepted, Xpertly shall issue a refund.

The rejection of an order shall not entitle the User to bring any claim against Xpertly, including compensation for damages.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices:

Users are informed during the purchasing process and before order submission about any fees, taxes, and costs (including, if any, delivery costs) that they will be charged.

Prices on this Platform are displayed:

  • Either exclusive or inclusive of applicable fees, taxes, and costs, depending on the section the User is browsing.

Methods of Payment:

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of this Platform.

All payments are independently processed through third-party services. Therefore, this Platform does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If payment through the available methods fails or is refused by the payment service provider, Xpertly shall be under no obligation to fulfill the purchase order. The User shall bear any possible costs or fees resulting from the failed or refused payment.

Payments Deadlines:

The purchase price payment may be settled within the deadlines specified on the invoices sent to customers or otherwise communicated by Xpertly.

 

Specific Services may be excluded from this payment model.

 

If the User fails to meet any payment deadlines, the entire outstanding amount shall become immediately due and payable with an extended two weeks option to pay. By not doing so, the entire invoice and product order gets canceled.

Retention of Product Ownership:

Until payment of the total purchase price is received by Xpertly, any Products ordered shall not become the User's property.

Retention of Usage Rights:

Users do not acquire any rights to use the purchased Product until Xpertly receives the total purchase price.

Delivery of Digital Content:

Unless otherwise stated, digital content purchased on this Platform is delivered via download on the device(s) chosen by Users.

Users acknowledge and accept that in order to download and/or use the product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market standards.

Users acknowledge and accept that downloading the purchased product may be limited in time and space.

 

USER RIGHTS

Right of Withdrawal:

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the Right of Withdrawal Applies to:

Unless any applicable exception is mentioned below, European Consumers are granted a statutory cancellation right under EU rules to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

Users that do not fit this qualification cannot benefit from the rights described in this section.

Exercising the Right of Withdrawal:

To exercise their right of withdrawal, Users must send Xpertly an unequivocal statement of their intention to withdraw from the contract.

To this end, Users may use the model withdrawal form available from within the "definitions" section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such rights, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

  • In case of purchase of any service not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is entered into unless the User has waived the withdrawal right.

Effects of Withdrawal:

Xpertly will reimburse users who correctly withdraw from a contract for all payments made to Xpertly, including, if any, those covering the costs of delivery.

However, any additional costs resulting from choosing a particular refundable method other than the least expensive type of standard delivery offered by Xpertly's Third Parties will not be reimbursed.

Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. Such refund shall be made without undue delay and, in any event, no later than 14 days from the day Xpertly is informed of the User's decision to withdraw from the contract. In any event, the User shall not incur any costs or fees due to such reimbursement.

 

Refunds:

 

Due to the digital nature of the business and services, we can provide limited refunds on any purchases.

Xpertly offers a Refund Policy that is Fair and Equitable.

Upon enrolling in our Platform and purchasing any of our services, a student enters a legal agreement under common law. They agree to abide by the conditions of enrollment in exchange for the Service offered by Xpertly in delivering the Student plan needed for completion.

Please note changes in your circumstances are not the responsibility of Xpertly, and neither can Xpertly be held liable for changes in your circumstances.

In a situation where a student wishes to cancel or change their purchased package, and as a measure of goodwill, Xpertly will allow the following options. A student may only take up one of these options once.

Standard conditions for refunds include:

 

  • Time limitations

  • Liability

  • Exceptions for long term customers

 

Within 14 Days:

  • For a period of 14 days from enrollment, a full refund will be given on the total amount paid for the purchased Service at the time of cancellation. The student must notify Xpertly's administration department in writing, and the email is received within 14 days, either by email, mail, or delivered in person.

  • If you apply for a refund after 14 days, our refund policy does not apply. However, you will have the option to change your Service to another without incurring additional charges, unless an upgrade of level is needed.

  • The onus is on the student to ensure and confirm that written notification of withdrawal is lodged. Xpertly will not be responsible for messages going astray.

 

Within 28 Days:

  • For a period of 28 days following receipt of purchase, a student may apply for special consideration; to swap their existing teacher for another new teacher. 

  • The process for special consideration must be made in writing (not by telephone) and be accompanied by an email explaining why the student wants to change teacher.

  • These options only apply if the student has not yet purchased any extra services.

  • An administration fee of 50.00 Euros will apply in these circumstances and add up from the total amount paid.

  • Xpertly will provide credit for monies paid for the original purchased Service against the new Service (i.e., new Level or Teacher) but will not give any monetary refund or credit against other purchases.

  • Following written notification by Xpertly of acceptance, all notes on the intended goals and student profile will be passed on to the new teacher. The delivery time for this transition is one week to be valid and in place.

 

Within 2 Months:

  • For a period up to 2 months following receipt of the purchased package, a student may apply to transfer their package of remaining lessons to a friend, relative, or colleague who they have found and who agrees to take over the enrollment.

  • An application for special consideration must be made in writing (not by telephone) and accompanied by an explanation email.

  • These options only apply if the student has not yet purchased any other extra services.

  • An administration fee of 75.00 Euros (Including new student profiling and handling new lesson plan costs ) will apply in these circumstances.

 

Other Times:  

The student may apply to defer their studies for a six or 12-month period during enrollment. Such an application must be supported in writing by documentation that explains why they cannot continue their studies for a period of time (e.g., email of explanation). Recommencement fees may apply; don't hesitate to contact us for more details.

 

Exceptional Circumstances:

Where a refund request is made outside of Xpertly's refund period described above, Xpertly might consider such requests. Each request is different, and the decision to grant a Goodwill (ex gratia) payment is made by a committee and not anyone individual. The Committee is composed of staff members from Xpertly. 

However, we suggest that if you have issues, you let us try to help you before proceeding with any action – submit an email support ticket to xpertlysupport@gmail.com or call (+351) 931379593 before you decide to cancel. Often it's a simple fix to get things up and running for you again or to determine why something broke for you (which happens all the time online) – we're here to help.

If you feel that you were inappropriately charged for a service or product or would like to speak to someone about a refund for a different reason, please submit an email support ticket to xpertlysupport@gmail.com or call (+351) 931379593.

Accounts that have been canceled/terminated by Xpertly for violating our terms of service do not qualify for a refund. For example, if your account is canceled due to unprofessional behavior, you will not be given any refund. We believe strongly in upholding good and moral etiquette in all online proceedings and encourage our clients to do the same.

Contact Us 

Xpertly customer service representatives are available Monday through Friday, 9:00 A.M. to 4:00 P.M. at xpertlysupport@gmail.com or call (+351) 931379593 for any billing-related questions.