Terms/Conditions

Zoni Language Center, Inc.

Web Site Terms and Conditions

Any user that accesses all or any part of the Zoni Language Centers, Inc.’s (“Zoni,” "we," "us" or "our") web site located at www.zoni.com (the “Site”) agrees that use of the Site, or the registration and payment for any courses on the Site, constitutes acceptance of these Terms and Conditions and the Privacy Policy for the Site.  Each time a user accesses the Site, or registers or pays for any course on the Site, the Terms and Conditions and the Privacy Policy should be reviewed because Zoni reserves the right to change them from time to time without notice. The revised Terms and Conditions and Privacy Policy shall become effective and govern the use of the Site immediately upon such revised Terms and Conditions and Privacy Policy being initially posted on the Site. Your continued use of the Site after such changes have been made constitutes your acceptance of such changes.

Use Prohibited by Users Under 18

The Site and the services provided on and through the Site (the “Services”) may not be accessed or used by any individuals that are not at least eighteen years old. By accessing the Services and using the Site you represent and warrant that you are at least eighteen years old.

User Representations, Warranties and Covenants

By accessing the Site, you represent, warrant and covenant to all of the following:

1. Your use of the Site and the Services is for your personal, non-commercial use.
2. All content and materials that you submit or provide to Zoni directly or through the Site shall be accurate, complete and true and you will promptly update and delete such information, content and materials as necessary to keep it current, accurate, complete and true. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any group, person or entity.
3. All content and materials that you submit or provide to Zoni directly or through the Site shall not be threatening, inflammatory, harassing, abusive, obscene, racially or ethnically or otherwise objectionable, libelous, defamatory, contain any pornography, in any way violate any applicable United States, international, federal, state or local laws, regulations or orders, or violate any contractual rights of any third party or infringe upon any copyright, trademark, privacy, intellectual property or proprietary rights of any third party.
4.  You shall not use the Site to post, transmit, distribute or share any advertisements, solicitations, promotions, “junk mail,” “spam”, “pyramid schemes”, “chain letters” or similar materials or communications.
5. You shall not impair, disable or otherwise adversely affect the Site or the Services or the functionality or operation of the Site or the Services, including without limitation, posting or uploading any materials that contain viruses, disabling code, files or programs.  You shall not use any spiders, automated programs, scripts, data mining, robots or any similar devices that obtain, gather or extract information from the Site or affect the Services or the Site. 

Ownership of Site Content

Except with respect to the User Content (as hereinafter defined), all information, content, and data (including, without limitation, designs, text, graphics, pictures, video, music, and sound and their format, arrangement and selection) (the “Site Content”) provided on the Site by Zoni and/or its third party providers is owned by Zoni and its third party providers, with all rights reserved. Zoni and its third party providers retain all copyright, trademark, intellectual property rights and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into a written agreement with Zoni or obtaining Zoni’s express written permission. Any use of any Site Content without Zoni’s prior written consent may violate copyright, trademark and other applicable laws. However, you may download or print one copy of any portion of the Site Content solely for your personal, non-commercial use, provided that such copy has all proprietary and copyright notices posted with such content.  You may not republish or distribute in any manner the Site Content (including without limitation, through the use of links) on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation, any database or otherwise.  The name of the Site and the designs and icons of the Site are trademarks of Zoni, and may not be copied, used or imitated, without the prior written permission of Zoni.   

User Content

You are solely responsible for all content and material that are posted, uploaded or transmitted by you to the Site (collectively, the “User Content”). You agree that Zoni has the right, in its sole discretion, but not the obligation, to delete at any time any and all User Content posted, uploaded or transmitted by you without providing any notice to you.

You hereby grant a worldwide, perpetual, transferable, non-exclusive, fully paid, royalty-free and irrevocable license to Zoni (with a right to sublicense to third parties) to all User Content for use by Zoni for any purpose in connection with the Site or Zoni’s business and the promotion and marketing of the Site or Zoni’s business, including, without limitation, the right to publicly display, copy, publicly perform, reformat, translate and excerpt, and to use in advertisements, promotions and commercial purposes. You authorize and grant a worldwide, perpetual, transferable, non-exclusive, fully paid, royalty-free and irrevocable license to Zoni to develop and create derivative works of the User Content and incorporate the User Content into other works and to sublicense to third parties such rights to develop, create and incorporate the User Content.

Pricing and Payment

The prices on our Site are subject to change at any time. The prices on our Site for courses offered in Vancouver, Canada only are in Canadian Dollars.  All other prices for courses offered on our Site are in U.S. Dollars.

Courses may be purchased from the Site using a credit card or using PayPal. Before you make a payment using PayPal, you may need to have a PayPal account set up. If you do not already have a PayPal account you may set one up by accessing this link to PayPal’s web site.

You will be responsible for all taxes associated with your purchases made through the Site, and you will indemnify and hold us harmless from any claims arising from or relating to your failure to pay same. If you fail to render payment as prescribed for any transaction, the transaction will not be completed and your course order will not be filled. You understand and agree that we initiate the processing and fulfillment of your transaction as soon as the purchase is processed and approved through your credit card company or PayPal. Accordingly, you agree, to the fullest extent permitted by law, not to stop payment on any transaction processed through the Site. 

Refusal of Order

We reserve the right in our sole discretion to refuse any order placed with us. If we cancel an order, we will attempt to notify you by e-mail to the e-mail address you have provided to us.

Cancelling a Transaction; Refund Policy

If a transaction cannot be completed for any reason, we will attempt to notify you by e-mail to the e-mail address you have provided to us.

Our refund policy for our courses may be viewed at this link

Housing and Airport Transfers

If requested, Zoni can arrange housing and transportation to and from the airport in connection with attendance at its courses.  The terms and conditions governing such services may be viewed at this link

Disclaimers; Limitation of Liability

THE SITE, the Services, THE SITE CONTENT, HOUSING AND TRANSPORTATION AND ALL COURSES ARE PROVIDED “as is”.  zoni makes no representations or warranties as to the accuracy, completeness or timeliness of the SITE, the services, the site CONTENT, HOUSING AND TRANSPORTATION, ANY COURSES or the results to be obtained from using the site, THE SERVICES, THE SITE CONTENT, HOUSING AND TRANSPORTATION, OR PARTICIPATING IN ANY COURSES. ZONI AND its officers, directors, SHAREHOLDERS, MEMBERS, EmPloyees, and AFFILIATES shall Have no liability with respect to any user's use of the SITE, the Services, the Site CONTENT, ANY HOUSING AND TRANSPORTATION, ANY PARTICIPATION IN ANY COURSES, or any inaccuracies, errors or omissions in the SITE, THE SERVICES, the site content, ANY HOUSING OR TRANSPORTATION OR ANY COURSES. ZONI AND its officers, directors, SHAREHOLDERS, MEMBERS, EmPloyees, and AFFILIATES shall have no liability with respect to any faults, interruptions or delays in providing the SITE, the SErvices, THE SITE CONTENT, ANY HOUSING OR TRANSPORTATION OR ANY COURSES. ZONI AND its officers, directors, SHAREHOLDERS, MEMBERS, EmPloyees, and AFFILIATES HEREBY DISCLAIM ALL WARRANTIES with respect to the site, the Services, the site content, ANY HOUSING AND TRANSPORTATION AND ANY COURSES, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  Except to the extent restricted in certain jurisdictions, In no event shall ZONI AND its officers, directors, SHAREHOLDERS, MEMBERS, EmPloyees, and AFFILIATES be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages whatsoever (including but not limited to, liability for loss of profits, DAta, Content, reputation OR GOODWILL), without regard to the form of any action, including but not limited to, contract, negligence or other tortious actions, arising out of or in connection with thE site, The Services, the site content, ANY HOUSING OR TRANSPORTATION OR ANY COURSES. IN THE EVENT THAT ZONI OR its officers, directors, SHAREHOLDERS, MEMBERS, EmPloyees, or AFFILIATES are DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITE, the Services, the sIte CONTENT, ANY HOUSING OR TRANSPORTATION OR ANY COURSES, IN NO EVENT SHALL ZONI OR its officers’, directors’, SHAREHOLDERS’, MEMBERS’, EmPloyees’ or AFFILIATES’ AGGREGATE LIABILITY TO ANY USER EXCEED TEn DollarS ($10.00). 

Indemnification

You agree to indemnify and hold harmless Zoni and its officers, directors, shareholders, members, employees and affiliates (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands and expenses (including reasonable attorney’s fees and court costs) that the Indemnified Parties may incur arising out of or relating to (i) your breach of any of the user representations, warranties and/or covenants contained in these Terms and Conditions, (ii) any information, material or content posted, transmitted or uploaded on the Site or in connection with the Services by you or (iii) any use of the Site or the Services by you.

Infringing Material

If you believe that any content or materials on the Site or provided through use of the Services infringes upon any copyright that you own or control, you shall provide written notice to the Designated Agent set forth below:

Julio Nieto

Zoni Language Center Inc.

22 West 34th Street

New York, NY 10018

Tel.: (212) 736-9000

Fax: (212)736-5408

Email: jnieto@zoni.com

The Digital Millennium Copyright Act requires that such notification must be in writing and include all of the following information:

            (a)        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

            (ii)        Identification of the material that is claimed to have been infringed or, if multiple copyrighted works of a single online site are covered by a single notification, a representative list of such works at that site.

            (iii)       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Zoni to locate the material.

            (iv)       Information reasonably sufficient to permit Zoni to contact the complaining party, such as an address, telephone number and if, available, an electronic mail address at which the complaining party may be contacted.

            (v)        A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

            (vi)       A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Security

The security of your personal information and that of your designated registrant(s) of our courses is important to us. We follow reasonable standards to protect the personal information submitted to us, both during transmission and once we receive it. However, we cannot guarantee the security of any information. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security and providing such information to us is at your sole risk. 

Compliance with Laws and Export Regulations

You agree to use the Site in compliance with all applicable laws, rules and regulations and in a manner that does not negatively reflect on the goodwill or reputation of Zoni.

Advertising

Zoni may have content, promotions, logos and advertisements of third parties that may link to such third parties’ web sites. Zoni is not thereby endorsing such third parties, their sites and/or their products or services provided thereon.  Any dealings, correspondence or contact that you may have in connection with such third parties, and any terms, conditions, warranties or representations associated with such dealings, correspondence or contact that you may have are solely between you and such third parties.

Links

Any and all links to other web sites contained in the Site are provided for the convenience of those who wish to access other web sites quickly and efficiently. Zoni is not responsible for and does not endorse or make any representations whatsoever regarding the materials provided on any other web sites or provider(s) of any information contained on any web sites that link to the Site and has no responsibility for the use and privacy of user’s information on any web sites that are linked to or from the Site. You agree that Zoni shall not be responsible for any losses or damages of any kind associated with or arising from any dealings, correspondence or contact that you may have with such web sites or the providers of any information or materials contained on any such web sites.  You should review each such third party’s site’s terms and conditions of use and privacy policies to familiarize yourself with your rights and obligations with regard to such third parties and their sites.

General

Any user that accesses all or any part of the Site, or registers or pays for courses on the Site agrees that such user is at least eighteen years old and has agreed to accept these Terms and Conditions and the Site’s Privacy Policy.

These Terms and Conditions and the Site’s Privacy Policy constitute the entire agreement between you and Zoni regarding the use of the Site, the Services, the registration or payment for any course, and the Site Content, except for any other terms and conditions or policies posted within this document as they relate to courses registered or paid for or housing or transportation services that are provided or arranged by Zoni. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Zoni’s failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given any interpretative effect.

Governing Law; Venue 

All disputes and claims arising out of or relating to the Site, the Site Content, any course, the registration or payment for any course, the participation in any housing or transportation to and from the airport by you, these Terms and Conditions or the Site’s Privacy Policy, including, without limitation, tort claims, shall be governed by the laws of the State of New York, U.S.A. without giving effect to its conflict of laws provisions, except that all claims arising out of or relating to intellectual property rights (including without limitation, trademarks and copyrights) shall be governed by the federal laws of the United States. 

You acknowledge and agree that Zoni may be irreparably damaged to the extent that any terms of these Terms and Conditions and/or the Site’s Privacy Policy are violated and that monetary damages are an inadequate remedy. Zoni has the right to seek injunctive relief (including preliminary and temporary relief) to protect its proprietary rights or to prevent any unauthorized use of the Site or the Site Content, without the posting of any bond, and nothing herein shall preclude Zoni from pursuing any action or other remedy in connection therewith, all of which shall be cumulative. You and Zoni waive any and all rights to a jury trial. You agree that the sole jurisdiction and venue for resolving all claims and disputes shall be the federal and state courts located in the Borough of Manhattan in the City of New York in the State of New York, U.S.A. and you waive any claims of immunity and any defenses of inconvenient forum or lack of personal jurisdiction.   

Effective Date

These Terms and Conditions are effective as of July 24, 2012.