Terms and conditions English Roundtable Talk

Effective Date: 13th – September – 2023

Data Controller:

English Roundtable Talk (ERT)

info@englishroundtabletalk.com

Galvanistraat (Rotterdam, the Netherlands)

VAT number: NL004874309B27

Types of Data collected

The Owner does not provide a list of types of Personal Data collected.

Complete details on each type of data collected are provided in the dedicated sections of this privacy policy or through specific information texts displayed before the data is collected.
Personal Data may be freely provided by the User or, in the case of Usage Data, collected automatically when using this Application.
Unless otherwise specified, all Data requested by this Application is mandatory. If the User refuses to communicate them, it may be impossible for this Application to provide the Service. In cases where this Application indicates some Data as optional, Users are free to refrain from communicating such Data, without this having any consequence on the availability of the Service or its operation.
Users who have doubts about which Data is mandatory are encouraged to contact the Owner.
Any use of Cookies – or other tracking tools – by this Application or by the owners of third-party services used by this Application, unless otherwise specified, has the purpose of providing the Service requested by the User, in addition to further purposes described in this document and in the Cookie Policy, if available.

The User assumes responsibility for the Personal Data of third parties obtained, published or shared through this Application and guarantees that he or she has the right to communicate or disseminate them, freeing the Owner from any liability towards third parties.

Method and place of processing of the collected data

Treatment methods

The Data Controller adopts appropriate security measures aimed at preventing unauthorized access, disclosure, modification or destruction of Personal Data.
The processing is carried out using IT and/or telematic tools, with organizational methods and with logic strictly related to the purposes indicated. In addition to the Owner, in some cases, other parties involved in the organization of this Application (administrative, commercial, marketing, legal, system administrators) or external parties (such as third-party technical service providers, postal couriers, hosting providers, IT companies, communication agencies) also appointed, if necessary, as Data Processors by the Data Controller. The updated list of Managers can always be requested from the Data Controller.

Legal basis of the processing

The Owner processes Personal Data relating to the User if one of the following conditions exists:

• the User has given consent for one or more specific purposes; Note: in some jurisdictions the Owner may be authorized to process Personal Data without the User’s consent or another of the legal bases specified below, until the User objects (“opt-out”) to this treatment. However, this is not applicable if the processing of Personal Data is regulated by European legislation on the protection of Personal Data;
• the processing is necessary for the execution of a contract with the User and/or the execution of pre-contractual measures;
• the processing is necessary to fulfill a legal obligation to which the Data Controller is subject;
• the processing is necessary for the execution of a task of public interest or for the exercise of public powers vested in the Data Controller;
• the processing is necessary for the pursuit of the legitimate interest of the Data Controller or third parties.

However, it is always possible to request the Data Controller to clarify the concrete legal basis of each processing and in particular to specify whether the processing is based on the law, provided for by a contract or necessary to conclude a contract.

Place

The Data is processed at the Owner’s operational offices and in any other place where the parties involved in the processing are located. For further information, contact the Owner.
The User’s Personal Data may be transferred to a country other than the one in which the User is located. To obtain further information on the place of processing, the User can refer to the section relating to details on the processing of Personal Data.

The User has the right to obtain information regarding the legal basis of the transfer of Data outside the European Union or to an international organization governed by public international law or constituted by two or more countries, such as for example the UN, as well as regarding the security measures adopted by the Data Controller to protect the Data.

The User can verify whether one of the transfers just described takes place by examining the section of this document relating to details on the processing of Personal Data or request information from the Data Controller by contacting him at the details indicated at the opening.

Retention period

The Data is processed and stored for the time required by the purposes for which it was collected.

Therefore:

• Personal Data collected for purposes related to the execution of a contract between the Owner and the User will be retained until the execution of this contract is completed.
• Personal Data collected for purposes attributable to the legitimate interest of the Owner will be retained until such interest is satisfied. The User can obtain further information regarding the legitimate interest pursued by the Owner in the relevant sections of this document or by contacting the Owner.

When the processing is based on the User’s consent, the Owner may retain the Personal Data for longer until such consent is revoked. Furthermore, the Owner may be obliged to retain Personal Data for a longer period in compliance with a legal obligation or by order of an authority.

At the end of the retention period, the Personal Data will be deleted. Therefore, upon expiry of this deadline the right of access, cancellation, rectification and the right to data portability can no longer be exercised.

User Rights

Users can exercise certain rights with reference to the Data processed by the Owner.

In particular, the User has the right to:

• revoke your consent at any time.  The User may revoke the previously expressed consent to the processing of their Personal Data.
• object to the processing of their Data.  The User can object to the processing of their Data when it occurs on a legal basis other than consent. Further details on the right to object are set out in the section below.
• access their Data.  The User has the right to obtain information on the Data processed by the Owner, on certain aspects of the processing and to receive a copy of the Data processed.
• verify and request rectification.  The User can verify the correctness of their Data and request its updating or correction.
• obtain the limitation of treatment.  When certain conditions are met, the User can request the limitation of the processing of their Data. In this case the Owner will not process the Data for any purpose other than their conservation.
• obtain the cancellation or removal of your Personal Data.  When certain conditions are met, the User can request the deletion of their Data by the Owner.
• receive your Data or have it transferred to another owner.  The User has the right to receive their Data in a structured, commonly used and machine-readable format and, where technically feasible, to obtain its transfer without obstacles to another owner. This provision is applicable when the Data is processed with automated tools and the processing is based on the User’s consent, on a contract of which the User is a party or on contractual measures connected to it.
• lodge a complaint.  The User can lodge a complaint with the competent personal data protection supervisory authority or take legal action.

Details on the right to object

When Personal Data is processed in the public interest, in the exercise of public powers vested in the Owner or to pursue a legitimate interest of the Owner, Users have the right to object to the processing for reasons related to their particular situation.

Users are reminded that, if their Data is processed for direct marketing purposes, they can object to the processing without providing any reason. To find out whether the Owner processes data for direct marketing purposes, Users can refer to the respective sections of this document.

How to exercise your rights

To exercise the User’s rights, Users can direct a request to the contact details of the Owner indicated in this document. Requests are filed free of charge and processed by the Data Controller as quickly as possible.

Learn more about the treatment

Defense in court

The User’s Personal Data may be used by the Owner in court or in the preparatory stages of its possible establishment for the defense against abuse in the use of this Application or related Services by the User.
The User declares to be aware that the Owner may be obliged to reveal the Data by order of public authorities.

Specific information

Upon request of the User, in addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information regarding specific Services, or the collection and processing of Personal Data.

System logs and maintenance

For needs related to operation and maintenance, this Application and any third-party services used by it may collect system logs, i.e. files that record interactions and which may also contain Personal Data, such as the User’s IP address.

Information not contained in this policy

Further information in relation to the processing of Personal Data may be requested at any time from the Data Controller using the contact details.

Response to “Do Not Track” requests

This Application does not support “Do Not Track” requests.
To find out whether any third-party services used support them, the User is invited to consult the respective privacy policies.

Changes to this privacy policy

The Data Controller reserves the right to make changes to this privacy policy at any time by notifying Users on this page and, if possible, on this Application as well as, if technically and legally feasible, by sending a notification to Users through one of the contact details contact he has. Please therefore consult this page frequently, referring to the date of last modification indicated at the bottom.

If the changes affect processing whose legal basis is consent, the Owner will collect the User’s consent again, if necessary.

Terms and Conditions of Sale

 Art. 1 – DEFINITIONS

1.1. These general conditions, available to the consumer for reproduction and storage pursuant to art. 12, Legislative Decree no. 70/2003, have as their object the purchase of digital products (such as consultancy, digital courses, webinars, Membership registrations or other themed activities), carried out remotely via an electronic network via the website www.englishrountabletalk.com; https://englishroundtable.gumroad.com/ ; belonging to English Roundtable Talk (Ert), with headquarter in Galvanistraat, Rotterdam, the Netherlands. VAT number: NL004874309B27.

1.2. By “online” sales contract we mean the distance contract, i.e. the legal transaction having as its object digital products and/or services stipulated between English Roundtable Talk (Ert) , and a final consumer – customer or other professional users, within a system of distance selling organized by Parisa Rafipour who, for this contract, uses exclusively the remote communication technology called internet.

1.3. By consumer we mean the natural person who purchases goods and services for purposes that are not directly or indirectly related to any professional activity carried out.

1.4. By professional user we mean the natural or legal person who purchases goods and services for purposes directly or indirectly related to any professional activity carried out.

Art. 2 – ACCEPTANCE OF THE CONDITIONS OF SALE

2.1. These general conditions are valid from 13 September 2023 and may be updated, integrated or modified, obviously having effect for the future, at any time by Parisa Rafipour, who will communicate them via the pages of the website ; the conditions set out in the introduction are an integral and essential part of this contract.

2.2. All contracts will be concluded directly through access by the consumer, customer or professional user to the website or the corresponding landing page, where they can, in fact, conclude the contract for the purchase of the desired good and/or product by carefully following the instructions. indications and guided procedures provided in the various screens.

2.3. These general conditions of sale must be examined “online” before completing the purchase procedure. The forwarding of the order confirmation therefore implies total knowledge of the same and their full acceptance. 

2.4. The customer or professional user, by sending electronic confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with English Roundtable Talk, the general and payment conditions illustrated below, declaring that he has read and accepting all the indications provided by him pursuant to the above-mentioned regulations, also acknowledging that Parisa Rafipour / English Roundtable Talk does not consider herself bound to different conditions unless previously agreed in writing.

2.5. Sales operations are regulated for the consumer by the provisions of Legislative Decree no. 206/2005 (Consumer Code), while the protection of confidentiality is subject to the provisions of Legislative Decree 30/06/2003, n. 196, of EU Regulation 679/2016 and subsequent amendments and additions, for which please refer to the relevant specific information.

Art. 3 – SALE PRICES AND PURCHASE METHODS

3.1. The products, prices and conditions of sale on the site www.englishroundtabletalk.com (or on the sites and landing pages specified above) – within the limits of their availability – constitute an offer to the public for the consumer and for customers other than consumers and, therefore, require, for the conclusion of the contract, the acceptance of the consumer himself, expressed through the exact compilation of all sections and online subscription to the products sold by Parisa Rafipour, following the instructions and, finally, accepting the CONDITIONS OF SALE and PRIVACY LAW present on the site.

3.3. All customers can pay for the products ordered using the payment methods indicated “online” at the time of purchase.

3.4 In the event that, as a payment method, the possibility of making the payment in installments is given, by credit card or PayPal, the methods, costs and related conditions will be directly managed and found on the intermediary’s website proposed by Parisa Rafipour, while what is visible on the site www.englishroundtabletalk.com or on the other sites indicated above will have a merely indicative value.

3.5. Before proceeding with the payment in installments, it will be visible how many payment installments are foreseen and their amount and the customer, by sending the payment, accepts and undertakes to honor them punctually.

Art. 4 – DELIVERY METHODS

4.1. The delivery of the chosen product will take place through the download of the purchased material or through the redirection to the registration page of the portal that allows you to take advantage of the digital courses or to the platform that allows access to the area reserved for members of the Membership or the Group.

Therefore, delivery takes place immediately after completion of the order procedure and upon completion of the payment procedure unless otherwise specified.

Downloading and accessing the pages or platforms presuppose that the customer has a suitable continuous internet connection and adequate familiarity with the use of digital platforms, as well as using a personalized account, essential requirements to be able to use the services.

4.2. The purchased product information will be delivered immediately. No responsibility can be attributed to Parisa Rafipour for delayed or failed delivery attributable to causes of force majeure or unforeseeable circumstances, such as temporary malfunctions of the network, platforms, portals or pages due to causes not attributable to it.

4.3. The customer is required to test, upon receipt of the email inviting him to download or register on the Page or Portal, the correct functioning of the links and portals. If 14 days have passed from purchase without any report of malfunctions or access difficulties having been received from the customer, access to the materials and platforms is considered to have occurred successfully.

4.4. As regards personalized coaching packages, individual sessions can be booked based on Parisa Rafipour’s availability, communicated or agrreed with the client, over the entire duration foreseen for the chosen path. It is not allowed to request more than one session per month, unless otherwise agreed in writing with Parisa Rafipour.

4.5. As regards e-mail support, the customer can use it as much as he wants, but within the limits of reasonableness. Responses to emails will be processed as soon as possible, within 2 working days (with the exception of summer and winter holiday periods, during which responses may arrive a few more days late).

4.6. Regarding group support, the customer has the right to participate in live sessions or access recordings and has the right to write their question via email, to receive an answer during the live session.

4.7. One-on-One gives you the right to book sessions to perform further corrections and simulations in English, based on availability in the calendar shared on the platform. Each customer or other professional users will be able to use it only once during the duration of the contract and it is possible to book two single sessions per day, unless otherwise agreed with Parisa Rafipour.

4.8. Email response services will be guaranteed for a duration of one year, group support and One-on-one will be guaranteed for a duration of 3 months. During the summer or winter period these services may be subject to slowdowns or short suspensions, which will be promptly communicated on the Facebook group and via e-mail.

Art. 5 – AVAILABILITY OF PRODUCTS

5.1. The customer will be able to purchase the products under the conditions indicated online.

5.2. In the case of online consultations or coaching packages, the various meetings will be agreed after completion of the purchase procedure and based on availability of the client and Parisa Ratipour.

5.3 In the case of purchasing a continuous subscription (Membership or similar), the customer will be able to access all the material available on the platform and all the subsequent new material uploaded to it, for as long as it lasts the subscription itself.

5.4 In the case of purchasing online courses, the availability of the same (and of subsequent updates) will be insured for an indefinite period, until the seller decides to withdraw it from the market, provided that the customer agrees to maintain registration on the relevant platform (or another platform on which Parisa Rafipour intends to transfer the course) by providing the relevant indispensable consent to the processing of your personal data to the manager of this platform.

5.5. Unless this occurs during the period of validity of the right of withdrawal (as per art. 9), in the event that the customer can no longer benefit from access to the course due to the loss of consent to the processing of their personal data towards the host platform, the latter will not be entitled to any refund, either partial or total, of the price paid for the course itself. In any case, Parisa Rafipour guarantees that the platforms and services it uses comply with the standards of seriousness, confidentiality and compliance required by the regulations Europeans.

Art. 6 – RESPONSIBILITY

6.1. Parisa Rafipour assumes no responsibility for disservices attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, giving execution within the times agreed in the contract.

6.2. Parisa Rafipour will not be liable to any party or third party regarding damages, losses and costs suffered as a result of failure to perform the contract for the reasons cited above, the consumer having the right only to refund of the price paid.

6.3. Parisa Rafipour is not responsible for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products. Parisa Ratipour, in fact, at no time during the purchase procedure is he able to know the number credit card of the buyer who, by opening a secure connection, comes transmitted directly to the banking service manager.

6.4 Digital products and personalized and group assistance formulas are proven effective products and services. However, the results that the client can achieve also depend on many other factors, including the commitment and dedication required by the client to achieve their learning of the English language. Therefore Parisa Rafipour assumes, with this contract, exclusively obligations of means and not of results.

Art. 7 – GUARANTEES AND ASSISTANCE METHODS

7.1. Parisa Rafipour produces and markets high-level video courses qualitative, using the maximum effort and value possible to provide its own customers effective, concrete and useful tools. The consumer customer has the opportunity to try the quality and value of certain products offered, benefiting for specific products from the right of withdrawal, with which the customer can, within 14 days from the conclusion of the order, express the desire to renounce the video course and/or the service and request a refund of the price paid, in the manner provided for by the art. 9, without having to give any motivation or justification.

7.2 In the event of a lack of conformity, the provisions of the code will apply consumption, where the customer is a consumer.

Art. 8 – BUYER’S OBLIGATIONS

8.1. The consumer undertakes and undertakes once the procedure has been concluded

of purchase “online”, to print and conserve these general conditions, which, moreover, you will have already seen and accepted as obligatory step in the purchase, as well as the specifications of the product in question of the purchase, and this in order to fully satisfy the conditions set out in Legislative Decree no. 206/2005 (Consumer Code). A copy of these general conditions of sale will also be available in the order confirmation email.

8.2. These general conditions may be updated or modified in any time by Parisa Rafipour, who will communicate it via its website. The consumer undertakes and obliges, every time a change to these general conditions occurs, to take care of them printing and conservation.

8.3. The buyer is strictly prohibited from entering false and/or invented data and/or imagination, in the registration procedure necessary to activate against you the process for the execution of this contract and the related further communications; the data personal details and e-mail must be exclusively your real personal data and not of third parties, or of fantasy.

8.4. It is expressly forbidden to make double registrations corresponding to one single person or enter data of third parties. Parisa Rafipour reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.

8.5 In the event that Parisa Rafipour grants the customer the possibility to pay the price of a video course or service in installments (with credit card or other equivalent system), the customer acknowledges and accepts that he undertakes the commitment to pay the entire amount of the course and/or service and, therefore, cannot in any way legitimately stop the installment payment or request a refund of the amount paid, done without prejudice to the right of withdrawal referred to in the art. 9

8.6. The Customer indemnifies Parisa Rafipour from any liability deriving from the issuing of incorrect tax documents due to errors relating to the data provided by the Customer, the Customer being solely responsible for the correct insertion.

Art. 9 – RIGHT OF WITHDRAWAL FOR THE CONSUMER

9.1. Pursuant to art. 52 of Legislative Decree no. 206/2005, the consumer customer, for specific contracts concluded remotely or outside of commercial premises, can exercise the right of withdrawal within 14 days of the conclusion of the contract, without prejudice to the exceptions provided for by the art. 59.

9.2. If the customer or other professional users have already used more than 30% of the video course according to the analytics and tracking provided by host platform and/or have already completed the One-on-One session, the right of withdrawal may not be guaranteed and therefore, Parisa Rafipour will not be required to refund the amount paid by the customer for the purchase of the product subject to withdrawal.

9.3. The right of withdrawal can be excluded when it comes to the supply of digital content (online courses) via a non-material medium if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.

9.4. The right of withdrawal can be exercised within 14 days of the conclusion of the contract for the services and within 14 days of access to the digital products for the courses. Since the delivery of the courses takes place instantly, immediately after the conclusion and payment of the order, in both cases the term starts from the conclusion of the contract. In case of exercising the right of withdrawal, the consumer will still have to pay the price for the services already performed, as clarified by the sentence of the EU Court of Justice of 8 October 2020, n. 641.

9.5. To exercise the right of withdrawal, within the terms indicated in the art. 9.3, the consumer must communicate his decision via e-mail to info@englishroundtabletalk.com.

9.6. Parisa Rafipour will contact the consumer to agree on the methods of reimbursement of the amount paid, within 14 days of receiving the notice of withdrawal and to revoke the authorization to access the platform, the Facebook group and any other account or material provided for in the contract , without any additional expense borne by the consumer.

Art. 10 – FREE TRIAL – EXCLUSION OF THE RIGHT OF WITHDRAWAL

10.1 In some specific cases Parisa Rafipour may grant the Customer the possibility of accessing its courses or paths, totally or partially, for a trial period of a few days (Free Trial).

10.2 In this case, to activate the Free Trial, the insertion of your personal details and credit card is required and, in the absence of a contrary communication, at the end of the trial period the amounts will be taken as specified during the check-out phase. out.

10.3 It is understood that if, upon expiry of the days established for the free trial, a cancellation request is not received from the Customer via email at least 3 days before the end of the trial period, the entire amount will be charged (if the purchase was agreed in a single solution) or the first installment will be charged (if the purchase was agreed with installment payment) and then, in the following months, all the others until the total balance of the agreed price or, if it is a membership, the monthly subscription fees will be charged for the entire duration period chosen.

10.4 It is understood, and the consumer accepts, that the Free Trial formula excludes the consumer’s right of withdrawal, pursuant to art. 59, letter. o) of the Consumer Code (supply of digital content on non-material support).

Art. 11 – AFFILIATE PROGRAM

11.1. The Customer who purchases a program or info-product that involves annexation to the aforementioned program can access the affiliate program, benefiting from a personalized discount code that he can share with just one person.

11.2. The Customer who agrees to become part of the affiliate program will have a coupon that he can give to a third person in order to have him/her sign up for one of the services in the Parisa Rafipour catalogue. Upon successful registration of the aforementioned person, the latter will receive an additional 13% discount and the Customer will be entitled to receive a commission of 10% of the expense made by the third person to whom the service was recommended.

11.3. The 10% discount for the third-party user will be applied at check-out and the third-party user will see the final discount which will be the sum of the active discount and the affiliate discount

11.4. The commission to be paid to the Customer will be paid by Parisa Rafipour via bank transfer within 90 days of the third party user’s registration. Therefore, the Customer must provide an IBAN enabled to receive bank transfers and in the name of the Customer or his legal guardian to whom Parisa Rafipour can credit the sum due.

Art. 12 – AUTHORIZATIONS

12.1. By filling in the appropriate space on the website, the Customer authorizes Parisa Rafipour to use their credit card, or other card issued in replacement of the same, and to debit their current account in favor of Parisa Rafipour with the total amount highlighted what cost of the purchase made “online”. The entire procedure is done via a secure connection directly connected to the banking institution that owns or manages the “online” payment service, which Parisa Rafipour cannot access.

12.2. Should the consumer exercise the right of withdrawal, pursuant to art. 9 of these general conditions, or in any case in which payment does not lead to completion of the sale, the amount to be refunded will be credited to the same credit card.

Art. 13 – CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE

13.1. Parisa Rafipour has the right to terminate the stipulated contract by notifying the customer via certified email or registered mail, indicating the reason; in this case the customer will only have the right to a refund of any sum already paid for the services not used.

13.2. The obligations assumed by the customer referred to in the art. 8 (Purchaser’s obligations), as well as the guarantee of successful payment, are of an essential nature, so that by express agreement, the Customer’s failure to fulfill only one of these obligations may determine, at Parisa Rafipour’s choice, the legal termination of the contract pursuant to art. 1456 cc, without the need for a judicial ruling and with the sole declaration of wanting to make use of this clause, without prejudice to Parisa Rafipour’s right to take legal action for compensation for further damage.

13.3 In the case provided for in point 13.2, the termination takes effect when the interested party declares to make use of the express termination clause, by means of written communication sent via registered mail or certified email. Any other form of communication has no value for the purposes of this clause.

Art. 14. NON-PERMITTED USES

14.1 The products must be used in accordance with the provisions of these General Conditions of Sale.
14.2 All the material made available is covered by Copyright of Parisa Rafipour, who reserves all rights.

14.3 Customers will not be able to in any way: Copy, store, modify or alter the contents of Parisa Rafipour. Bypass computer systems to access content without authorization. Use Parisa Rafipour’s materials, ideas, images, format, scripts to create similar or derivative products.

14.4 Parisa Rafipour reserves the right to prosecute any offense committed on its paid content.

Art. 15 – PRIVACY

15.1. Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications; such data are processed electronically in compliance with the laws in force and may only be exhibited upon request of the judicial authority or other authorities authorized for this purpose by law.

15.2. For any detail in relation to the processing of personal data, please refer to the specific information.

Art. 16 – APPLICABLE LAW AND JURISDICTION

16.1 Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated “online” through the Parisa Rafipour website or websites is subject to Italian law; these general conditions refer, although not foreseen, to the provisions of Legislative Decree no. 206/2005.
16.2. For any dispute between the parties regarding this contract, the court in which the consumer is domiciled will be competent, in accordance with current legislation; for all other customers (foreigners or non-consumers) it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive jurisdiction of the Court of the Hague.