Terms and Conditions

This agreement applies as between you, the User of this Website and Pinnacle Academy, the owner of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 27 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Pinnacle Academy makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Pinnacle Academy proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located in Fort Collins, Colorado, United States;
"System": means any online communications infrastructure that Pinnacle Academy makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Pinnacle Academy Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (pinnacleacademy.online) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Pinnacle Academy

2. Age Restrictions

Students must be 16 years of age or older. In China, students must be 18 years of age or older to meet compliance requirements.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

  • 4.1 In the course of studying with Pinnacle Academy, it is understood that the student may come into contact with information which Pinnacle Academy considers Pinnacle Academy’s Intellectual Property.  Intellectual Property may be oral, visual, or in some other form not permanently recorded. Students agree to not duplicate, display, or distribute Pinnacle Academy’s Intellectual Property or violate any other copyright, trademark, or patent rights of Pinnacle Academy and its representatives, teacher, tutors, or partners. By continuing to use the Website you acknowledge that such material is protected by applicable United States and International intellectual property and other laws.
  • 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so. Students may not take screenshots or pictures during class sessions without permission of the teacher and others.

5. Third Party Intellectual Property

  • 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
  • 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Pinnacle Academy or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site pinnacleacademy.online without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at support@pa.email.

9. Use of Communications Facilities

  • 9.1 Pinnacle Academy strives to create a global community of language learners. As such, Pinnacle Academy enables users to post messages.  You are solely responsible for the content of these messages as set out in this Agreement. Furthermore, by using these services, you agree not to publish, contribute or post any material that:
  • 9.1.1 contains content, which violates rights, in particular copyrights of third parties.
  • 9.1.2 contains objectionable language or is in any way, pornographic, sexually explicit, slanderous or libelous.
  • 9.1.3 derails and detracts from the educational purpose of the platform and the learning activity of fellow students.
  • 9.1.4 attempts to contact a fellow user of the platform without explicit solicitation by that user.
  • 9.1.5 violates any viable rules, laws or regulations or infringes upon any rights of any third party.
  • 9.1.6 contains viruses or any other code designed to interrupt, destroy or incapacitate the functionality of any software, hardware or telecommunications systems.
  • 9.1.7 is considered “spam”, such as chain letters, junk mail, spam or other solicitations.
  • 9.1.8 attempts to impersonate another person or breach the security of Pinnacle Academy and its users.
  • 9.1.9 Furthermore, the opinions and messages posted by users at Pinnacle Academy do not necessarily reflect and are not necessarily representative of the views of Pinnacle Academy or its employees, affiliates, suppliers or partners. Pinnacle Academy is not responsible for the content of messages sent by users to other users they have located through Pinnacle Academy.
  • 9.2 You acknowledge that Pinnacle Academy reserves the right to monitor any and all communications made to Us or using Our System.
  • 9.3 You acknowledge that Pinnacle Academy may retain copies of any and all communications made to Us or using Our System.
  • 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
  • 9.5 If these terms are not abided by, we may, at our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your account in whole or in part. If we exercise our discretion under this Agreement to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your account will be deactivated or suspended, your password will be disabled, and you will not be able to access the platform or your user content, or receive assistance from Pinnacle Academy support teams; and (b) if appropriate in our sole discretion, we may communicate to other users that your account has been terminated, blocked, suspended, deactivated, or canceled, and why this action has been taken. You may cancel your use of the Pinnacle Academy platform and/or terminate your account at any time by emailing support@pa.email. Please note that if your account is canceled, we do not have an obligation to delete or return to you any user content you have posted to the platform unless otherwise required under applicable law.

10. Accounts

  • 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
  • 10.1.1 all information you submit is accurate and truthful;
  • 10.1.2 you have permission to submit Payment Information where permission may be required; and
  • 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
  • 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  • 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
  • 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation of Accounts

  • 11.1 Either Pinnacle Academy or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
  • 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

12. Services, Pricing and Availability

  • 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Pinnacle Academy correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
  • 12.2 Where appropriate, you may be required to select the required Plan of Services.
  • 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
  • 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
  • 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13. Orders and Provision of Services

  • 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Pinnacle Academy and you.
  • 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
  • 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
  • 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
  • 13.2.3 Relevant times and dates for the provision of the Services;
  • 13.2.4 User credentials and relevant information for accessing those services.
  • 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
  • 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
  • 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
  • 13.6 Pinnacle Academy shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.
  • 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
  • Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
  • 13.8 Pinnacle Academy provides technical support via our online support forum or email. Pinnacle Academy makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

14. Cancellation, Payments, Refunds and Attendance Policy

We want you to be completely satisfied with the Products or Services you order from Pinnacle Academy. If you need to speak to us about your Order, then please contact customer care by email at support@pa.email. 
  • 14.1 Students are expected to attend class and be on time. It is the student's responsibility to comply with the schedule.
  • 14.2 Lessons are to start on time. Pinnacle Academy cannot refund or make-up lost time due to a student’s late arrival or technical difficulties.
  • 14.3 Students are expected to send in a cancellation notice as soon as possible.
  • 14.4 Once lessons have begun, payment is non-refundable.
  • 14.5 If a student

  • 14.5.1 Needs to cancel or reschedule and gives notice prior to 24 hours, they will receive credit for a future session.
  • 14.5.2 Needs to cancel or reschedule a session, it is up to the student to reschedule as soon as possible.
  • 14.5.3 Doesn’t show without notifying the teacher prior to 24 hours, the session cannot be refunded nor rescheduled.
  • 14.5.4 Is late for a class without notifying the teacher, the teacher will wait and keep the class open for 10 minutes. After 10 minutes, the teacher may end the session and the student will not be able to receive a refund or reschedule.
  • 14.5.5 Arrives late to a group tutoring or class session, it is up to the teacher to decide at which point to allow the late student into the class, whether immediately or to wait until an appropriate moment.
  • 14.5.6 Is no longer able to attend a course, a refund of credits may be requested no less than 2 weeks from the course start date.
  • 14.6 All lessons are to be paid in advance.

15. Privacy

Use of the Website is also governed by Our Privacy Policy (pinnacleacademy.online/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

16. How We Use Your Personal Information (Data Protection)

  • 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
  • 16.2 We may use your personal information to:
  • 16.2.1 Provide Our Services to you;
  • 16.2.2 Process your payment for the Services; and
  • 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
  • 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
  • 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Conduct

Students shall

  • 17.1 Sign into class with their full first name and last name as listed on the class roster. Students should not use a nickname or pseudonym when they log in. Students who do not provide their full names will not be admitted to class.
  • 17.2 Students should not share any class session links.
  • 17.3 Be focused during class and stay engaged in class activities. Students should turn off notifications from apps on their device that are not relevant to the class.
  • 17.4 Turn on their video.  Students should make every effort to ensure appropriate bandwidth to keep their videos on. Students are advised to test the internet, sound etc before attending class.
  • 17.5 Mute their microphone when they are not talking to eliminate background noise.
  • 17.6 Use headphones when possible to improve audio quality.
  • 17.7 Be in a quiet place when possible and turn off any music, videos, etc. in the background.
  • 17.8 Stay on topic. Students may use the chat window for questions and comments that are relevant to class. 
  • 17.9 Treat the teacher and classmates with respect and fairness, not subjecting them to abuse or hate speech.
  • 17.10 Not make any improper suggestions to the teacher.
  • 17.11 Have no inappropriate communication with the teacher outside the classroom.
  • 17.12 Keep all forms of communication free from vulgar, belittling, offensive language, and any other forms of bullying.
  • 17.13 Not take screenshots or pictures during class sessions without permission of the teacher and others.
  • 17.14 Join the session a couple minutes before the start time and test their microphone and webcam before class begins.
  • 17.15 Follow any additional rules, policies, and procedures established by the teacher.
  • 17.16 Be warned by the teacher if they have violated the classroom rules of conduct and told to correct the behavior. If their behavior is not corrected the student may be asked to leave the class for the rest of the session and/or prohibited from attending any future Pinnacle Academy classes.  After the warning, if a student chooses not to change their behavior, they will lose their credits and will not be refunded for violating the classroom rules of conduct.
  • 17.17 Not cheat or plagiarize on class work and if they do so it may result in a zero grade for the assignment.  With the teacher’s approval students may have the opportunity to resubmit the assignment or complete an additional assignment.
  • 17.18 Dress professionally and have a clean working environment.
  • 17.19 Must attend 75% of a course in order to receive a certificate of completion, when applicable.
  • 17.20 Report any dispute, inappropriate behavior, or illegal activity by a teacher or fellow student to Pinnacle Academy. 

18. Use of Image and Likeness

When signing up for and by participating in a class students agree to allow Pinnacle Academy to use their image in promotional photos and videos.  This includes Pinnacle Academy’s use of student names, images, likeness, voices and any activity on the platform for Pinnacle Academy’s purposes, including, but not limited to, advertising for its services.

19. Disclaimers

  • 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
  • 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  • 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
  • 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

20. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

21. Availability of the Website

  • 19.1 The Website is provided “as is” and on an “as available” basis. Pinnacle Academy uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  • 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

22. Limitation of Liability

  • 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
  • 20.2 Nothing in these Terms and Conditions excludes or restricts Pinnacle Academy liability for death or personal injury resulting from any negligence or fraud on the part of Pinnacle Academy.
  • 20.3 Nothing in these Terms and Conditions excludes or restricts Pinnacle Academy's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
  • 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

23. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

24. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

25. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Pinnacle Academy.

26. Communications

  • 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to support@pa.email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  • 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

27. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Pinnacle Academy shall be governed by and construed in accordance with the Law of the United States and Pinnacle Academy and you agree to submit to the exclusive jurisdiction of the United States.

Pinnacle Academy

PO Box 3000
Fort Collins, CO 80522
United States

Information

Connect With Us

support@pa.email
Copyright © 2024 Pinnacle Academy. All Rights Reserved.