Terms and Conditions (TCS&S)

Terms and Conditions of Sale of GOBAKO Learning Center

Version 13.04.2019 – 2

The general Terms and Conditions of Sales and Services (hereafter also referred to as the ‘Terms’, ‘Conditions’, ‘Agreement’) detailed below govern the contractual relationship between :

GOBAKO Learning Center (hereafter also referred to as the ‘Website’, ‘GOBAKO’, ‘We’) with our learning platform GOSTELO (hereafter also referred to as the ‘Platform’)
and
the User of the Website or the Platform (hereafter also referred to as the ‘Participant’, ‘Student’, ‘Viewer’, ‘You’).

Information

Privacy Policy

Complementary to those Terms and Conditions, the Privacy Policy describes the ways GOBAKO Learning Center gathers, uses, discloses, and manages your personal data.

Article 1 : Object

1.1 These Terms form a legally binding agreement between you and GOBAKO in relation to a purchase of the use of the Products and Services (e.g. Lessons, Courses, Conference or Webinar) which are provided to you on or from or through our Website (collectively the “Service”).

1.2 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.

1.3 The Terms constitute the whole legal agreement between you and GOBAKO and govern your use of the Service and completely replace any prior agreements between you and GOBAKO in relation to the Service.

1.4 You agree that GOBAKO may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

Article 2 : Our Products and Services 

2.1 Our mission is to improve access to Education around the world and give people the power to learn new languages by making digital learning course affordable. To help advance this mission, we offer free and paid learning course, private lessons, conferences, online webinars through our Website (https://gobako.com) and our learning platform GOSTELO (https://gobakoacademy.com).

2.2 All our learning course, Private Lessons, Conferences or Webinars are streamed over the internet in direct to let all registered participants attend the session either as Viewers (acting as simple spectator without direct interaction with the teacher or the organizer) or Students. All our learning sessions are recorded (including voice, audio, video, presentation, images and all the content that are shown or shared between the participants during the session) and then made available in Replay in our learning Platform GOSTELO.

2.3 Your experience on GOBAKO is unlike anyone: from the languages you chose to learn, the teacher you chose to follow, your motivations, commitments, your progress etc… To provide you with the best services aligned with your needs, we offer four (4) packages and memberships status:

A. BASIC Membership – As a BASIC member, you receive free access to our learning platform GOSTELO. You can self enroll to all basics and free learning courses and activities. You can at any time purchase a learning course as Viewer or Student and we will then upgrade your membership status accordingly.
B. STANDARD Membership – As a STANDARD member, you receive access to our learning platform and course documentation. In order to get STANDARD membership, you first need to create an account for free. Once your registration is completed, we will upgrade your membership status and you will be able to attend the learning course or the private lesson that you chose and paid for during your registration. STANDARD members get the Viewer status: you will be able to attend the learning session as simple Spectator. You won’t be able to interact neither with the teacher nor with the main Student and your homework won’t be reviewed or corrected.
C. PLUS Membership – Monthly subscription allowing the access to all our learning courses (free and premium) available in GOSTELO and unlimited session as Viewer during the month of the subscription. In order to get PLUS membership, you first need to create an account for free. Once your registration is completed, we will upgrade your membership status accordingly. You can stop your subscription at any time. If you decide not to register again the next month, your status will be automatically downgraded to BASIC Membership.
D. VIP Membership – As VIP member, you receive access and contribute to our learning platform and course documentation. In order to get VIP membership, you first need to create an account for free and to follow the onboarding step to become a Student. Once your registration is completed, we will upgrade your membership status and you will be able to attend the learning course, private lessons or other learning services as defined in your personal learning plan as a Student. As a VIP member, you must accept our Image Consent Policy and must give your consent that your private lesson or learning session is streamed in direct over the internet to let STANDARD and PLUS Members attend your session as Viewers.

2.3 All information and caracteristics related to a Learning Course, Conference or Webinar such as its description, price, details are available in each product page of our Website. All those information are summarized in the last confirmation page before you validate and confirm your order. You accept that the photos and images shown on each product description are for illustration only and are definitely not contractually binding.

Article 3 : Acceptance to the Terms and Conditions

3.1 By creating a new account or by confirming any purchase you must accept the Terms and Conditions in force at the time of the account creation or purchase unreservedly. You may not use the Service if you do not accept the Terms.

3.2 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with GOBAKO, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.

Article 4 : Changes to the Terms and Conditions

4.1 We work constantly to improve the offered services by developping new features and we reserve the right to update from time to time any part of our Website and learning Platform. For example some elements may change, be added or be taken away to make the offered learning services better for you and our community.

4.2 You agree that we may need to update these Terms from time to time to accurately reflect the offered learning services and practices or to address any changes in law. Unless otherwise required by law, we will notify you (for example, by email or through the decription page of the relevant learning product or service) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them by continuing to use our Website and learning Platform GOSTELO. If you do not agree to any updated Terms and no longer want to be a part of GOBAKO community, you can always delete your account at any time.

Article 5 : Prices

5.1 The prices indicated on our Website are shown in Euros. We reserve the right to modify any prices at any moment. If an obviously incorrect price appears on one of our product page and is not corrected on the total at the time of registration and order completion, for whatever reason (human error, technical error etc.), the order will be cancelled and the payment refunded even if it has been initially validated.

Article 6 : Finalization of the on-line agreement

6.1 You have to follow several steps specific to each Learning Course, Conference, or Webinar in order to finalize your order and registration. However, the following steps are systematic: – Visit the website and gather information on the learning session caracteristics ; – Choice of the lesson and, if applicable, its options (e.g the requested role: Viewer or Student, dates…); – Provide with essential data (identification, address…) ; – Accept the Terms and Conditions ; – Verify elements of the order and if needed, correct mistakes ; – Validate the order ; – Follow up instructions for payments and proceed with payments of purchase order. You will receive confirmation by mail about the payments of the order as well as a confirmation of the order. You will also receive an electronic copy .pdf of the Terms and Conditions in force at the time of the order. You agree to take particular care when providing us with your personal details and warrant that these details are accurate and complete at the time of ordering.

6.2 We reserve the right to reject the order, for example in the event of abnormal request, fraud, or any other valid reason.

Article 7 : Secure payment

7.1 We enable you two ways to pay a Purchase Order related to any of our Products or Services: via card payments or via PayPal. These payment options both use advanced SSL encryption to keep transaction secure and use Stripe technology. Your obligation to pay the Purchase Order will become immediately due and payable whenever you confirm and place the order. You also concent to give genuine payment card information (carholder name, card number, CVC number, expiration date) and confirm to be the legitimate owner of the card.

Article 8 : Availability of our Service

8.1 We will always endeavour to fulfil your order once completed and paid for. Should a Learning Course, Conference or Webinar be cancelled after the order has been confirmed and paid for, we will notify all Participants via mail and offer a replacement (e.g. a Learning Course, Conference or Webinar) of equal price at another time period.

8.2 You agree that you can choose to decline the replacement offer and request for a refund of the price initially paid only if you have a VIP membership. If you have another membership plan (BASIC, STANDARD or PLUS) you will always be able to watch the replay of the replacement lesson in our Platform as defined in the description of our Products and Services.

Article 9 : GOBAKO personal account

9.1 In order to access some features of the Website or other elements of the Service, you will have to create a GOBAKO account to access our learning Platform GOSTELO. When creating your account, you must provide accurate and complete information. It is important that you must keep your GOBAKO account password secure and confidential. You must notify GOBAKO immediately of any breach of security or unauthorised use of your GOBAKO account that you become aware of. You agree that you will be solely responsible (to GOBAKO, and to others) for all activity that occurs under your GOBAKO account.

Article 10 : Restriction on use (Moral & Good Behavior)

10.1 GOBAKO hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

A. You shall not commit any act or do any thing which might reasonably be considered: (i) to be immoral, deceptive, scandalous or obscene; or (ii) to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with GOBAKO, the Speaker of the conference, the Teacher or any other participant of the learning session.

B. You must (i) use the same name that you use in everyday life; (ii) provide accurate personal information (e.g. phone number, addresses, mail, date of birth…); (iii) create only one account (your own) and use it for personal purposes; and (iv) you agree not to share your password, give access to your GOBAKO account to others, or transfer your account to anyone else (without explicit permission).

C. You agree not to (or to facilitate or support others in doing so):

  • Use learning products and services offered by GOBAKO (Conference, Webinars, Learning course…) to do anything (i) that violates these Terms, our Privacy Policy, and other terms and policies that apply to the use of GOBAKO Websites; (ii) that is unlawful, misleading, discriminatory or fraudulent; and (iii) that infringes or violates someone else’s rights.
  • Upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of learning products offered by GOBAKO.
  • Access or collect data from any learning products offered by GOBAKO using automated means (without prior permission) or attempt to access unauthorized data.
  • Collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include GOBAKO account names);
  • Solicit, for commercial purposes, any users of the Website with respect to their Content;
  • Copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of GOBAKO or the respective licensors of the Content.

D. We try to make GOBAKO broadly available to everyone, but you cannot use our learning Products and Services if (i) you are or were a convicted sex offender; (ii) we previously disabled, blocked or deleted your account for violations of any terms or policies; or if (iii) you are prohibited from receiving any services or learning products from GOBAKO under applicable laws.

10.2 In the event you fail to adhere to any of those conditions, GOBAKO may terminate this Agreement, cancel or suspend your account or purchase order without any refund and ban you from the GOSTELO platform.

Article 11 : Content 

11.1 As a GOBAKO account holder you may submit Content as part of your learning tasks, exercises or homeworks (e.g. images, texts, essays, video and audio recordings, forum posts, documents…). You understand that whether or not Content is published or available to public, we do not guarantee any confidentiality with respect to Content.

11.2 You understand and agree that you are solely responsible for your own Content and the consequences of uploading it to Webiste or its streaming during the learning session. GOBAKO does not endorse any Content or any opinion, recommendation, or advice expressed therein, and GOBAKO expressly disclaims any and all liability in connection with Content.

11.3 You represent and warrant that you have (and will continue to have during your use of our Products and learning Services) all necessary licenses, rights, consents, and permissions which are required to enable GOBAKO to use your Content for the purposes of the provision of the Service for exemple during a learning session, and otherwise to use your Content in the manner contemplated by the Service and these Terms.

Article 12 : Intellectual property & ownership

12.1 With the exception of Content that you submit or upload in our Website or our learning Platform GOSTELO, all other Content is either owned by or licensed to GOBAKO, and is subject to copyright, trade mark rights, and other intellectual property rights of GOBAKO or GOBAKO’s licensors. Any third party trade or service marks present on Content which were not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of GOBAKO or, where applicable, GOBAKO’s licensors. GOBAKO and its licensors reserve all rights not expressly granted in and to their Content.

Article 13 : Exclusion of Warranties

13.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

13.2 The Service is provided “as is” and GOBAKO makes no warranty or representation to you with respect to them. In particular GOBAKO does not represent or warrant to you that:

  • Your use of the Service will meet your requirements;
  • Your use of the Service will be uninterrupted, timely, secure or free from error;
  • Any information obtained by you as a result of your use of the Service will be accurate or reliable; and
  • That defects in the operation or functionality of any software provided to you as part of the Service will be corrected.

Article 14 : Limitation of Liability

14.1 Nothing in these Terms shall exclude or limit GOBAKO’s liability for losses which may not be lawfully excluded or limited by applicable law.

14.2 Subject to the overall provision in paragraph 14.1 above GOBAKO shall not be liable to you for:

  • Any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
  • Any loss or damage which may be incurred by you as a result of (i) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service; (ii) your failure to provide GOBAKO with accurate account information; (iii) your failure to keep your password or GOBAKO account details secure and confidential.

14.3 The limitations on GOBAKO’s liability to you in paragraph 14.2 above shall apply whether or not GOBAKO has been advised of or should have been aware of the possibility of any such losses arising.

Article 15 : Links from GOBAKO

15.1 Our Websites, Platform and Services may include hyperlinks to other web sites that are not owned or controlled by GOBAKO. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites.

15.2 You acknowledge and agree that GOBAKO is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

15.3 You acknowledge and agree that GOBAKO is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

15.4 We encourage you to be aware when you leave our Website and our Service and to read the terms and conditions and privacy policy of each other website that you visit.

Article 16 : Privacy and protection of personal data

16.1 Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Service and Learning products. You must take the time to read the Terms and the Privacy Policy carefully.

16.2 To help support the GOBAKO community, we encourage you to report any content or conduct that you believe violates your rights (including intellectual property rights) or violates any terms or applicable policies. In order to do so, you can at any time make a request via the contact form using the category “I want to report an abusive behavior”.

Article 17 : Claims

17.1 All claims you may have must be sent to us through the contact form in the home page of our Website using the proper category.

Article 18 : Force Majeure

18.1 GOBAKO shall not be liable for non-compliance with its commitments due to force majeure, such as wars, disturbances, civil unrest, government intervention or intervention by local authorities, industrial action, picketing or lockouts, embargoes, acts of God or bad weather conditions, fire, shortage of labour or energy supplies or any other cause beyond our control. This Force Majeure clause is valid whether the obstacles to fulfilment affect us directly or any of our third party.

Article 19 : Severability

19.1 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, illegal or unenforceable then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

Article 20 : Applicable law and prevailing language

20.1 The Terms, and your relationship with GOBAKO under the Terms, shall be governed by English law. You and GOBAKO agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GOBAKO shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

20.2 The Terms have been translated in both the English (https://gobako.com/tcs) and French language (https://fr.gobako.com/cgv). In the event of any conflict between the two languages on the meaning or interpretation of a word, phrase or article in this agreement, the French language version shall prevail.