©2019 by Blabu.

Terms of Use Blabu CZ (blabu.com)

as of 30 April 2019

1. Who we are


1.1 Blabu.com is a global online platform facilitating learning of languages and practising language skills (Platform). The Platform is an on-demand marketplace for any Internet user (Student) from around the world to have instant or scheduled video conversations with native speakers (Tutors or, individually, Tutor) in their native language (Calls or, individually, Call). Calls are secured through the digital environment (user interface) incorporated in the Platform. The Students are not subject to any selection process by the Provider of the Platform (defined below); the Platform is so open to any individuals.  


1.2 The Platform as a marketplace enables (i) the Tutor to offer through the Platform their services consisting of Calls to the Student; and (ii) the Student to meet the Tutors through the Platform and use their services (by making the Calls).


1.3 The Platform is operated by the Czech limited liability company BLABU CZ s.r.o., Id. No. 07899912, with its registered office at Roháčova 188/37, Žižkov, 130 00 Praha 3, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague under entry C 309549 (Provider). The Platform is available on the website www.blabu.com.


2. Terms of Use


2.1 Upon creating the user account (Blabu Account) and upon each use of the Platform, in particular by placing an Order for the Call as specified below, the Student agrees to be bound by these Terms of Use. In case that the Student does not agree to the Terms of Use, he may not use the Platform.


2.2 The Provider may unilaterally amend the Terms of Use. The Student shall be notified of any such amendment on the Platform. Any amendment to the Terms of Use (Amended Terms of Use) comes into effect upon its publication on the Platform. By each use of the Platform by the Student (as specified above) following the publication of the Amended Terms of Use, the Student agrees to be bound by and accepts such Amended Terms of Use.


2.3 Capitalized terms used in the Terms of Use shall have the following meaning:


Amended Code of Conduct

shall have the meaning as defined in Section 5.1

Amended Price List

shall have the meaning as defined in Section 4.2

Amended Privacy Policy

shall have the meaning as defined in Section 8.4

Amended Terms of Use

shall have the meaning as defined in Section 2.2

Blabu Account

shall have the meaning as defined in Section 2.1

Call / Calls

shall have the meaning as defined in Section 1.1

Clip

shall have the meaning as defined in Section 8.1

Code of Conduct

shall have the meaning as defined in Section 5.1

Credits

shall have the meaning as defined in Section 4.8

Fees

shall have the meaning as defined in Section 4.1

Instant Call

shall have the meaning as defined in Section 3.4

New Student

shall have the meaning as defined in Section 4.8

Order

shall have the meaning as defined in Section 3.4

Platform

shall have the meaning as defined in Section 1.1

Price List

shall have the meaning as defined in Section 4.2

Privacy Policy

shall have the meaning as defined in Section 8.4

Provider

shall have the meaning as defined in Section 1.3

Purpose of Use

shall have the meaning as defined in Section 8.1

Scheduled Call

shall have the meaning as defined in Section 3.4

Service Agreement

shall have the meaning as defined in Section 3.5

Student

shall have the meaning as defined in Section 1.1

Tutor / Tutors

shall have the meaning as defined in Section 1.1

Video-Recordings

shall have the meaning as defined in Section 8.1

Video-Recording Content

shall have the meaning as defined in Section 8.2

Wallet

shall have the meaning as defined in Section 4.4


3. Use of the Platform / Blabu Account


3.1 The Student accesses the Platform and the Calls through his/her Blabu Account created on the Platform by filling in the required details relating to the Student. The Student agrees to fully and accurately provide the information requested when setting up the Blabu Account and to regularly update such information without undue delay of any change in any such information.


3.2 The Student may decide at any time to request the deletion of his/her Blabu Account. In such case, the Blabu Account shall be deleted within 5 business days following the Student’s request placed in the Blabu Account settings.


3.3 Following logging in the Blabu Account the Student may interact with the Tutors on the Platform, in particular, make instant Calls (defined below) and/or make scheduled Calls (defined below).


3.4 The Provider provides for a standardized form on the Platform by means of which the Student shall place orders for Calls with Tutors (Order). When placing the Order, the Student shall indicate in the form the choice of available requested parametres of the Call, such as, in particular, the Tutor, the type of the Call (instant or scheduled), time and date of the Call, the length of the Call and the topic of the Call, whereas “Scheduled Call” shall mean the Call scheduled to a certain time and date with a particular Tutor, and “Instant Call” shall mean the Call made instantly with any Tutor available online on the Platform at the time of making the Order. The length of the Call shall be indicated based on time units of 15 minutes each. The minimum length of the Call shall be 15 minutes (1 unit).


3.5 By accepting any Order for the Call by the Tutor indicated in such Order, the service agreement for the relevant Call between the relevant Student and the relevant Tutor is concluded (Service Agreement). Based on the Service Agreement, the Tutor agrees to make with the Student the Call having the parameters indicated in the Order and the Student agrees to participate in the Call and pay for the Call the relevant fee (as specified below). In case of an instant Call, the Service Agreement with respect to the relevant instant Call is concluded once the Tutor has started the Call.


3.6 For avoidance of doubt, the Provider is not a party to the Service Agreement; the role of the Provider is limited to operating the Platform as set forth herein (and so enabling making the Calls between the Students and the Tutors). The Provider does not represent the Student in any way. The Provider only represents the Tutors in (i) agreeing the terms of Call and enabling the Calls and (ii) receiving the Fees for the Calls (as defined below) from Students.


4. Fees and Payments


4.1 The Student may access and use the Platform free of charge, provided however, that the Student agrees to pay (i) fees for Calls to Tutors; and (i) handling fees (if any) for processing payments of such fees from the Student to the Tutor and processing other specified operations (including deactivating the Blabu Account as stated below), the amount of handling fee depending mainly on the amounts processed or the payment methods applied (collectively Fees).


4.2 All Fees are indicated in USD in the price lists available on the Platform (Price List) and in these Terms of Use. By each use of the Platform, the Student agrees to be bound by the Price List. Any amendment to the Price List (Amended Price List) comes into effect upon its publication on the Platform. By each use of the Platform by the Student following the publication of the Amended Price List, the Student agrees to and accepts such Amended Price List. Before placing each Order for any Call, the Student is informed of the relevant Fees for such Call. By placing the Order, the Student agrees to such Fees.



4.3 The Provider may choose to inform - on a purely indicative, non-binding and information basis only - of conversion rates (USD / other currencies) on the Platform. (The conversion rate actually applied shall be such applied by the bank of the Student.)


4.4 As a part of each Blabu Account, the Provider shall create a virtual Student’s wallet integrated in the Platform (Wallet). The Wallet shall exclusively serve for paying the Fees for Calls to the Tutors and to the Provider (such as Fees for deactivating the Blabu Account, if applicable).


4.5 The Student may deposit funds to the Wallet using one of the options available on the Platform:


  1. debit / credit card payment secured by a regulated payment services provider, or

  2. wire transfer.  


4.6 The Fees due for Calls made by the Student shall be recorded in the Wallet and blocked upon making the Order and debited after every Call. The Fees are payable per commenced 15-minutes units. By debiting the amount of the Fees due from the Wallet, the Student is deemed to have paid the respective Fees to the Tutor, as Blabu collects the Fees for Calls on behalf of the Tutor based on a separate agreement between Blabu and the Tutor. In the event that the Blabu Account of a Student is to be deactivated (deleted) for any reason as set forth in the Terms of Use, any balance in the Wallet, after all Fees due (including handling fees for processing payments and/or closing the Blabu Account) having been debited, shall be (i) returned to the debit / credit card used for charging the Wallet, less any transaction fees and less any Credits (if possible and if the balance is sufficient to cover the fees), or (ii) if the Provider is not able to return balance to the payment card within 20 days after deactivating the Blabu Account, the Student shall pay to the Provider a fee for deactivating the Blabu Account in the amount of the outstanding balance. The Student will pay the fee to the Provider deducting the balance from the Blabu Account.


4.7 The sum of Fees due is continuously recorded and the information on the Fees due as well as the still disponible amount in the Wallet is at all times available to the Student for his/her information. The Student may not make any Call (and the Platform shall not enable placing an Order for such Call) if the corresponding Fee under the applicable Price List exceeds the disponible amount in his/her Wallet.  


4.8 The Provider may grant to Students credits which increase the balance of the Wallet (Credits). The received Credits may have special terms and may expire after some time, always as indicated on the Platform or any advertising which promotes the Platform via Credits. The Credits can be used for only the payment of Fees for the Calls. The Credits are non-refundable and can never be exchanged for cash. Any unused Credits expire upon the deactivation of the Blabu Account.


4.9 The Provider does not provide any regulated payment services. By virtue of operating the Wallet, the Provider (i) receives the Fees for Calls on behalf of the Tutor as his representative in relation to the intermediation of the Call. The Provider does not represent the Student in the intermediation of the Call and in the processing of payment for the Calls.


5. Rules of Conduct


5.1 During any and all Calls and at all times when using the Platform in any manner, the Student undertakes to comply with the rules specified in the code of conduct available on the Platform (Code of Conduct). By each use of the Platform, the Student agrees to be bound by the Code of Conduct. Any amendment to the Code of Conduct (Amended Code of Conduct) comes into effect upon its publication on the Platform. By each use of the Platform by the Student following the publication of the Amended Code of Conduct, the Student agrees to and accepts such Amended Code of Conduct.


5.2 In the event of any material breach of the Code of Conduct or any Amended Code of Conduct (consisting of behaviour such as, for instance, harassment or stalking) by the Student, the Provider is entitled to immediately deactivate such Student’s Blabu Account. No Call or any other service can take place after the Blabu Account has been deactivated.


5.3 The Student is entitled to use the Platform solely for the purposes of the Calls in compliance with the Terms of Use, Code of Conduct and any other terms or codes referred to in the Terms of Use. On the other hand, the Student is prohibited to change, modify, reverse engineer, reproduce or otherwise interfere in any part of the Platform. The Provider reserves all rights with respect to any trademarks, logos, works of authorship, designs or any other works or subjects of intellectual property or industrial property appearing on the Platform. By providing access to the Platform, the Provider shall not provide any sort of license or a right of use of any such trademark, design, work of authorship, logo or any other aforementioned protected subject. The Student may use the Platform only as described in the Terms of Use and solely for the purposes of making the Calls. The Student is prohibited from using any contact details obtained via the Platform for any purpose other than the Calls (whereas the Calls are strictly focused on learning of foreign languages and/or improving foreign language skills) and from contacting the Tutor or any other Student outside the Call and/or the Platform. In particular, but without limitation, the Student shall not, whether alone or jointly with any other person or entity, whether for its own benefit or such of any other person and whether directly or indirectly, solicit the services of any Tutor or the custom of any Student or entice or endeavour to entice away from the Provider and/or the Platform any Tutor and/or any Student and/or employ or enable to any third party the employment (or hiring on any basis other than employment) of any Tutor.


5.4 The Student is liable for all content featured or used by him/her during the Call. The Student shall not use the Call or any part of the Platform for any illegal purpose. The Student is responsible for ensuring that he/she does not violate the laws of any applicable jurisdiction, including but not limited to copyright, intellectual property, trademark, design, patent and related laws. The Student shall not use during the Calls any content which may be subject to intellectual property rights of any third parties without first obtaining necessary license or consent by the holder of such intellectual property rights. If the Provider reasonably determines that the Platform is used by the Student for any illegal or fraudulent activity or that he / she is in breach of this Section 5.4, then the Blabu Account of the relevant Student may be immediately deactivated.


5.5 The Student shall indemnify, defend and hold harmless the Provider from and against all damages, losses or claims arising out of or related to any breach of this Section 5.4 or the Code of Conduct and/or related to any infringement or alleged infringement of any third party rights resulting or occurring in connection with the Student’s breach of this Section 5.4. or the Code of Conduct.


6. Consumer Protection


6.1 Subject to Sections 6.2 and 6.3, the Student using the Platform as consumer may cancel (i) the services provided by the Provider to the Student in connection with operating the Platform within 14 days of the date of creating the Blabu Account; and (ii) the Service Agreement within 14 days from its conclusion.


6.2 The Student explicitly agrees and instructs (i) the Provider that the Provider starts providing its services related to operating the Platform immediately upon creating the Blabu Account (i.e. even before the expiration of the term of 14 days of the date of creating the Blabu Account); (ii) the Tutor that the Tutor provides the Call immediately upon conclusion of the relevant Service Agreement or any time before the lapse of 14 days of the date of the conclusion of the relevant Service Agreement, if so stated in the Order.


6.3 The Student acknowledges that the cancellation right referred to in Section 6.1 shall not apply to services provided by the Provider and consummated within 14 days of the date of creating the Blabu Account and to services provided by the Tutor and consummated within 14 days from the conclusion of the Service Agreements.


7. Defective Performance


7.1 In case of non-compliance of any Tutor with any Service Agreement, in particular if the Call lasted for a shorter period of time than agreed in the relevant Service Agreement, if the Call was delayed, or if the Call did not take place at all, the Student may claim suitable remedies listed below based on the severity of the relevant defects. In particular, in case of a defect of the Call, the Student may claim against the relevant Tutor a discount on the Fee for the relevant Call. In the event of a material defect of the Call (material breach of the Service Agreement), the Student may claim (ii) a substitute Call free of charge, or (iii) a full refund of the Fee paid for the Call. Material violation of the Service Agreement shall mean, in particular, the Call delayed for more than 10 minutes, the Call failing to take place at all or the Tutor failing to meet the majority of requirements set forth is the Service Agreement.  


7.2 The Student shall raise the claim for the defective performance using the form available in the Blabu Account. The Provider shall notify the relevant Tutor of the claim and shall inform the Student of the assessment of the claim and the potential remedy within 14 days after the claim has been submitted by the Student pursuant to this Section 7.2.   


7.3 Should a dispute arise between the Tutor who is an entrepreneur and the Student who is a consumer in relation to the services provided based on the Service Agreement, or between the Provider and the Student in relation to the Platform (concerning the Blabu Account), the Student is allowed to refer the dispute to the Czech Business Inspection, with registered address at Štěpánská 15, Prague 2, Czech Republic, webpage https://adr.coi.cz, being the authority for deciding consumer disputes extra judicially. All details on the possibility to solve the dispute extra judicially are stated on the web pages of the Czech Business Inspection.


8. Privacy, Intellectual Property and Data Protection      


8.1 The Student agrees that (i) any Calls, including his/her face, voice, talk, figure as well as the environment or space in which the Student finds himself/herself during the Call and any other personal or private attributes present or visible in any way during the Calls, or any parts thereof, are video-recorded in the Platform during such Calls (Video-Recordings); (ii) any such Video-Recordings or any parts thereof are archived at the Platform for a term of 30 days from the moment of their making; that (iii) the Provider uses any such Video-Recordings or any parts thereof (including combining them with any Video-Recordings of any other Student) for the purposes of creating short video-clips, advertisements or any other promotion product (Clip); and that (iv) the Clips be shown and distributed on the Platform for the purposes of demonstrating the services available on the Platform and any other marketing purposes (Purpose of Use).


8.2 The Student hereby grants to the Provider worldwide, perpetual, royalty-free, non-exclusive, transferrable, irrevocable and sublicensable license to use in any manner and without limitation in quantity his/her appearance in the Video-Recordings and any and all content which is subject to authorship rights, copyright or any other intellectual or industrial property rights or personal rights of the Student or any third party and which is featured during the Calls (Video-Recording Content) for the Purpose of Use. The Student further provides his / her consent that the Provider may process, translate, change, modify, combine with any other works or otherwise interfere in the Video-Recording Content for the Purpose of Use.  Without prejudice to the provisions of Section 8.1, the license and consents under this Section shall survive (and shall continue to apply after) the termination of the Blabu Account, any services hereunder or any Service Agreement.


8.3 During the process of registration and creating the Blabu Account, the Student provides mainly the following information: name and surname, gender, photograph, time-zone, nationality and the “about” text (if the Student chooses to provide such text during the registration). This information is available to Tutors for the purposes of Service Agreements (but is not visible to the Provider). The Tutors have also available statistics about previously made Calls by the Student.


8.4 Handling personal data of the Student is subject to privacy policy available on the Platform (Privacy Policy). By each use of the Platform, the Student agrees to and accepts the Privacy Policy. Any amendment to the Privacy Policy (Amended Privacy Policy) comes into effect upon its publication on the Platform. By each use of the Platform by the Student following the publication of the Amended Privacy Policy, the Student agrees to and accepts such Amended Privacy Policy.



9. The Provider’s Role


9.1 The Provider is not a party to any Services Agreement relating to any Calls. The Provider is not responsible for the quality of the Calls, the compliance of the Tutors with the Service Agreement, the behaviour and the performance of the Tutors during the Calls nor such of the Students or any content of the Calls featured by the Tutor or the Student. Any breach of any Service Agreement or any laws by the Tutor vis-à-vis the Student is the sole responsibility of the Tutor.


9.2 The Provider neither bears any responsibility for any damages or losses incurred by any Student in relation to any Call.


9.3 The Provider bears no liability for any hacker or other potential attacks that affect the functionality of the Platform. The Provider is not liable to the Students for temporary unavailability of the Platform due to Internet failures or outages or other similar situations.


9.4 The Students shall be liable for loss or damage incurred by the Provider as a consequence of any unlawful interference with the Platform and/or of any breach of the Terms of Use, and/or the Code of Conduct and/or Privacy Policy and/or any other terms referred to herein.


10. Applicable law


10.1 The Terms of Use and any Service Agreement shall be governed by Czech laws.


10.2 If any of the provisions of the Terms of Use is or becomes invalid or ineffective, the invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions. The invalidity or ineffectiveness of a provision in relation to only a specific person or entity is without prejudice to the validity and effectiveness of such provisions in relation to other persons or entities.