By using the www.speakenglishasia.wixsite.com/korea web site ("Service"), you hereby agree to the following terms and conditions (“Terms”/"Terms of use"/ “Terms of service”).

 

Speak English reserves the right to update and change the Terms and conditions from time to time with or without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms  and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms and conditions at any time at Terms and conditions page.

 

Violation of any of the terms below will result in the termination of your Account. While Speak English prohibits such conduct and Content on the Service, you understand and agree that Speak English cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

 

Article 1 (General conditions)

 

Section 1.1 Please read these Terms and Conditions ("Terms"/ “Terms of use”/”Terms of service”) carefully before using the https://speakenglishasia.wixsite.com/korea website (the "Service") or any other related websites or applications operated by Speak English (“Company”, “us", "we", or "our").

 

Sec.1.2 Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

Sec.1.3 By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have the permission to access the Service.

 

Sec.1.4 The Company reserves the right to record conversations on Skype ,save comments, inquiries , and posted information for the sole purpose of quality assessment and service management, and if deemed necessary, to collect and store photos and videos . Users hereby agree and give permission to store and use such information for whatever legal purpose it may serve for the betterment of the Service.

 

Sec.1.5 Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

 

Sec.1.6 Technical support is only provided to paying account holders and is only available via email, Skype Chat, Skype Video call, ticketing system.

 

Sec.1.7 You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

 

Sec.1.8 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.

 

Sec.1.9 You agree not to perform misrepresentation of yourself, or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Speak English or any third party).

 

Sec.1.10 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.

 

Sec.1.11You agree not to violate the privacy of others, including publishing or posting other people's private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from the Company.

 

Sec.1.12 We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

 

Sec.1.13 We retain the right to contact you from time-to-time via email. We shall send notifications about the Service to the e-mail address registered by the users upon sign-up as Speak English user. The company shall deem that said notifications have reached its recipients via the e-mail address registered. Furthermore, you can remove yourself easily from the newsletter lists or company notification e-mails. You can also request to be removed from all communication e-mails by contacting our customer support at: speakenglishkorea@yahoo.com (English speaking Representative) or Kakao (Korean speaking Representative). You may also send a message via our contact form at:   www.speakenglishasia.wixsite.com/korea

 

Sec.1.14 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Speak English customer, employee, member, or officer will result in immediate account termination.

 

Sec.1.15 The Company won’t allow: (a) compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services. (b) Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data. (c) Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data. (d) Deciphering any transmissions to or from the servers running the services. (e) Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.).

 

Sec.1.16You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

Sec.1.17 You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

 

Sec.1.18 You must not transmit any worms or viruses or any code of a destructive nature.

 

Sec.1.19 You must not use meta-tags or any other “hidden text” including Speak English’s or our suppliers’ product names or trademarks.

 

Sec.1.20 You must not access or search any part of Speak English by any means other than our publicly supported interfaces.

 

Sec.1.21 The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

 

Sec.1.22You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

 

Sec.1.23 The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitutes a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and the company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

 

Sec.1.24 The Company (in its sole discretion) determines that a user has violated these Terms of Service.

 

Sec.1.25 Questions about the Terms and conditions should be sent to: speakenglishkorea@yahoo.com

 

Article 2 (Scope of Terms and Conditions)

 

Sec.2.1 The scope of Terms and Conditions include any information related to the Service sent from the Company to the users, and vice-versa, via the Company's website, application, internal messenger, live chat, e-mail, mobile phone, and ticket support service. 

 

Sec.2. 2 With the exception of “Special agreements” or any agreements beyond the stipulations of these terms and conditions, such “Special agreements” shall prevail.

 

Article 3 (Accounts & Registration)

 

Sec.3.1 You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

 

Sec.3.2 Users who are considered as minors (Below the age of 18 Years old) shall obtain consent from their legal representative, such as a parent or guardian.

 

Sec.3.3 When you create an account and register with us, You must provide us information that is accurate, complete, and current at all times. You must provide your legal full name/ nickname, a valid email address, mailing address, Skype I.D., credit card information and any other information requested in order to complete the Signup process. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

 

Sec.3.4 Your login may only be used by one person - a single login shared by multiple people is not permitted. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may create separate logins for as many people as your plan allows.

 

Sec.3.5 You are responsible for maintaining the security of your account and password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. Speak English cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

 

Sec.3.6 You are responsible for all Content posted and activity that occurs under your account

 

Sec.3.7 One person or legal entity may not maintain more than one free account.

 

Sec.3.8 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

Sec.3.9 Registration to use the Service is deemed to have been completed once the Company sends the user a confirmation e-mail or verification e-mail.

 

Sec.3.10 The Skype name (a unique name used only by a particular user on Skype) registered by the users shall be displayed on the Service's booking page in order to provide the lessons.

 

Sec.3.11 The Company may use e-mail to send notifications, advertisements, questionnaires, and any other similar information about the Service to the users.

 

Article 4 (Copyright, Content Ownership, and Intellectual Property)

 

Sec.4.1 The Service and its original content (including but not limited to , our logo, company images, company pictures, voice recordings,trademarks,text based materials, site design ,instructional materials or lesson materials(PDF Lessons), podcasts, music, features and functionality, and other  material related to the Service) are and will remain the exclusive property of Speak English and its licensors. The Service is protected by copyright, trademark, and other laws of both the Philippines and foreign countries within which the Speak English website is accessed. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Speak English. Users shall not use or violate the Company's Copyrights; they shall not reprint nor upload any copyrighted material onto magazines or websites, nor distribute it to third parties.

 

Sec.4.2 We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

 

Sec.4.3 Speak English does not pre-screen Content, but Speak English and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

 

Sec.4.4Inappropriate content is considered the posting, uploading, sharing, submitting, or otherwise providing content that: a) Infringes Speak English’s or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right b) You don’t have the right to submit c) Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful; encourages illegal or tortuous conduct or that is otherwise inappropriate. d) Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition e) Contains viruses, bots, worms, scripting exploits, or other similar materials f) Is intended to be inflammatory g) Could otherwise cause damage to Speak English or any third party

 

Sec.4.5 The look and feel of the Service is copyrighted. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Speak English.

 

Sec.4.6  If a user is deemed to be in violation of the preceding clause, the Company may take any necessary measures (sending a warning or complaint, claiming compensation for damages, requesting an injunction, etc.) against the user based on the applicable Copyright and/or Trademark laws, or any other act (also including any other company rights).

 

Article 5 (Online code of conduct and Prohibited behavior guidelines)

 

We expect users to abide by this Online Code of Conduct and Prohibited behavior guidelines. All of the expectations below apply equally to all users of the online teaching and learning platform, called herein as “Service”.

 

USERS MUST:

 

Sec.5.1  Behave in an exemplary manner, both academically and socially and has an excellent reputation for this being the case.

 

Sec.5.2 Adopt a mature and professional approach to lessons, counseling sessions, and general conduct online.

 

Sec.5.3 Dress in a manner that is appropriate for an online tutorial and/or counseling session.

 

Sec.5.4 Treat all members of the service with respect.

 

Sec.5.5 Comply with the terms and conditions set forth herein.

 

USERS MUST NOT:

 

Sec.5.6 Exhibit and/or encourage criminal behavior, illegal behavior or any behavior that goes against the public order and morals.

 

Sec.5.7  Exhibit behavior that hinders the operation of the Service.

 

Sec.5.8 Make the Service as an avenue for business or commercial purposes. Including but not limited to soliciting money from users for any purpose, or any acts that may cause financial damage or financial inconvenience to any user.

 

Sec.5.9 Make the Service as an avenue for encouraging users to join and financially invest in Multilevel marketing investments, Cryptocurrency investments, and other Ponzi scheme themed investments.

 

Sec.5.10 Participate in any lesson and/or counseling session under the influence of alcohol, illegal drugs, legal highs or any other non-prescribed psychoactive substances. Cigarette smoking, including e-cigarettes are likewise prohibited during a lesson or counseling session.

 

Sec.5.11 Wear outfits that may cause feelings of anxiety or discomfort such as clothes that expose too much body parts, wearing only underwear (regardless of the brand), etc.

 

Sec.5.12  Use provocative, abusive, aggressive, obscene, and sexually arousing language or terminologies in online lessons and/or counseling sessions.

 

Sec.5.13 Engage in online dating, emotional affairs, illicit affairs, and indecent proposals of any kind.

 

Sec.5.14  Entice or make offers that encourage users to consider other services or companies that are in competition with the company.

 

Sec.5.15 Use the Service to send or view any obscene, offensive or illegal material.

 

Sec.5.16 Engage in any violent, aggressive, threatening behavior or any acts that may cause emotional damage and inconvenience to any user of the Service.

 

Sec.5.17 Bully, harass, sexually harass or discriminate against any member of the Service on the basis of race, creed, color, ethnicity, national origin, religion, sex, sexual orientation, gender expression, age, height, weight, physical or mental ability, veteran status, military obligations, political affiliation  and marital status.

 

Sec.5.18 Behave in a manner that may bring the Service into disrepute. 

 

Sec.5.19 Disclose confidential information protected by copyright, patent rights, utility model rights, design rights, trademarks, right of publicity, or privacy rights.

 

Sec.5.20  Make any inquiries about confidential information such as the location of the call center, employment conditions, living conditions, and personally identifiable information (PII).

 

Sec.5.21 Make any arrangements outside online lessons or counseling sessions, to make personal contact with the users of the Service, either directly or via online or offline forms of communication.

 

Sec.5.22 Commit any violation against the company, Users of the Service, or any third parties; with regard their honor, credibility, ownership rights (images, videos, audio recordings, lesson materials)

 

Sec.5.23 Commit any other behavior deemed as inappropriate by the Company and governing authorities within their respective areas of jurisdiction.

 

Users are fully responsible for their use of the Service, for any behavior exhibited in their use of the Service, and any results thereof. If you fail to observe any aspect of the Code of Conduct and Prohibited behavior guidelines or associated policies, the Company may take the necessary disciplinary procedures in accordance with governing laws   . The Company shall decide, at its own discretion, to terminate, suspend a user’s account if found to have breached any of the terms. The Company shall not be held liable for any damages or inconvenience suffered by a user as a result of their personal actions. The company does not have any obligation to provide any explanation with regard the decision taken based against a user who violated any of the terms, unless the Company is found to have been grossly negligent. Users shall be legally liable for any damages caused to the Company or any third party as a result of violating any of the terms, even if said user has already cancelled their membership.

 

Article 6 (Free Trial Lessons and Free counseling sessions)

 

Sec.6.1 Upon successful completion of  registration with the Service, users are able to avail  a  limited number of free trial lessons and counseling sessions.

 

Sec.6.2 The registration of multiple accounts that belong to only one person is not allowed. If the Company detects (via its multiple accounts tracking software) that one person has registered multiple accounts for the sole purpose of taking free lessons and/or free counseling sessions, or has created multiple accounts for any other inappropriate purpose, the Company may refuse to allow said accounts (if multiple accounts are identified as being inappropriate, this applies to all those accounts) to participate in the free trial lessons and/ or free counseling sessions.

 

 

Article 7 (Lessons)

 

Sec.7.1 People who provide the lessons include full-time or part-time employees of the Company or subcontractors of the Company shall be referred to as “Teacher” / “Teachers”

 

Sec.7.2 Each Lesson run for 25 minutes. Unless stated otherwise, the duration of the lesson may not be changed or interrupted for any reason.

 

Sec.7.3 If a user does not respond (including any circumstances that prevent them from being able to communicate) within 15 minutes from the commencement of the lesson to a call by the Company, or the Company's teacher in charge of the lesson (hereinafter referred to as the "Designated Teacher"), the Company may consider the user to have missed the lesson (“NO-SHOW”, “ABSENT”) and therefore terminate the lesson accordingly.

 

Sec.7.4 The Company shall send notifications or requests for improvement if a user repeatedly misses their lessons without any prior permission or notification.

 

Sec.7.5 The Company shall give no compensation or allow users to make up for intentionally or unintentionally missed lessons, regardless of their reasons.

 

Article 8 (Lesson Bookings)

 

Sec.8.1 Users can take part in lessons if they had booked a lesson, or the Designated Teacher giving the lesson, on time or 5 minutes before its scheduled start, provided that the designated teacher is available at an earlier time.

 

Sec.8.2 Once booked lesson is confirmed, users may cancel a lesson not less than 60 minutes before its scheduled start by following the procedure provided by the Company.

 

Sec.8.3 Users may book a lesson 60 minutes before a scheduled lesson and up to a duration of 7 days in advance. However, the maximum number of lessons that a user is able to book will vary depending on the user's contract or lesson package.

 

Sec.8.4 A lesson is deemed to have been successfully booked when the status of the user's booking is reflected on the Website.

 

Sec.8.5 The Company may cancel a user's booked lesson if the Designated Teacher is unable to give the lesson due to unavoidable reasons. Users will be compensated with special tickets issued by the Company for any lessons canceled lessons.

 

Article 9 (Service Usage Period)

 

 Sec.9.1 The period of time that a user is allowed to use the Service (hereinafter referred to as the "Usage Period") is calculated per calendar month (hereinafter referred to as the "Usage Month") starting from their Use Start Date for the Service (e.g., if the Use Start Date is January 1st, then the Usage Period is calculated from the 1st of every month).

 

Sec.9.2 The Usage Period is renewed through payment of the Service fees. Furthermore, usage fees shall be paid using the methods stipulated in Article 10.

 

Article 10 (Service Fees and Methods of Payment)

 

Sec.10.1 Users shall make a payment to the Company in exchange for using the Service, in line with the Service fees. Furthermore, users shall be liable for any additional taxes applicable to the Service fees, such as a consumption tax, and any other type of tax.

 

Sec.10.2 Users shall make payments for the Service's usage fees from the Service's booking payment dashboard using Paypal (https://www.paypal.com/kr).

 

Sec.10.3 In order to renew their use of the Service, users must pay for the Service fee for the following Usage Month. The Usage Period for the Service shall only be renewed as needed or upon payment of usage fees based on the same conditions, unless users cancel their membership as stipulated in Article 11.

 

Sec.10.4 The Services’ usage fees shall be paid according to lesson package price and based on the duration of a lesson package. Furthermore, any usage fees already paid to the Company shall not be refunded for any reason whatsoever. However, this is not applicable if the Service could not be provided to the user for reasons attributed to the Company requiring the issuing of a refund.

 

Article 11 (Standard Membership/Gold Membership cancellations)

 

Sec.11.1 Users may request to cancel their Standard/Gold membership by a following a separate procedure provided by the Company. Assuming there are no issues with the cancellation, the user shall lose the right to use the Service at the end of the Usage Month, thus successfully canceling their membership. Furthermore, the cancellation shall be deemed complete processed once the Company has verified the user's request to cancel their membership and sent a cancellation e-mail confirmation back to the user.

 

Sec.11.2 Requests for Standard/Gold membership cancellations must be submitted up to the day before the start of the following Usage Month. If the request is not sent within the specified period ,users will be billed for one more month( for Gold Membership only) and your membership will be valid during this period.

 

Sec.11.3 Once a user has completed cancellation of their Standard/Gold membership, they will completely lose all rights with regard to the Service, and shall be unable to make any claims whatsoever against the Company.

 

 Sec.11.4 If the Company or a third party were to suffer damages caused by a user's behavior in relation to the Service, said user shall be legally liable for those damages even after the cancellation of their membership has been completed.

 

Article 12 (General payment, Reservations, Upgrading and downgrading terms)

 

Sec.12.1 A valid credit card is required for paying accounts. Payments can be made via Visa, Master Card , American Express or Discover.Free trial classes and/or counseling sessions ( 2 x 25 Minutes Free per student) are not required to provide a credit card number.

 

Sec.12.2 Paypal / Worldpay allow you to pay with your credit card, however, sometimes the credit card company can charge you a fee for making an international transaction. This fee depends on your bank.

 

Sec.12.3 There are no limitations in daily lessons booking. The Service is billed in advance prior to a 25 Minute lesson, weekly lesson (7 booked lessons x 25 Minutes), 15 day lesson (15 booked lessons x 25 Minutes), monthly basis (30 booked lessons  x 25 Minutes) and is non-refundable after 7 days of non-usage. There will be no refunds or credits for partial months of service, lesson package upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

 

Sec.12.4 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

 

Sec.12.5 Payments are usage based /on as needed basis/pay as you go basis. The credit card that you provided will not be automatically charged after lesson package plan has expired.

 

Sec.12.6 Downgrading your Service may cause the loss of Content, features, or capacity of your Account. The Company shall not be held liable for such loss.

 

Sec.12.7 If you wish to change your subscription plan, purchase a new plan from the subscription page. You will keep your unused booked lessons from the original lesson package plus get lessons from the new lesson package.

 

Sec.12.8 Lessons can be booked 60 minutes before a scheduled lesson and up to 7 days in advance before the scheduled start time.

 

Sec.12.9 Cancellations must be done 60 minutes before the lesson starts.

 

Sec.12.10 If a teacher cannot hold the lesson for the chosen schedule, the student can choose between receiving an extra lesson to book at his/her convenience or a substitute teacher for the original time.

 

Sec.12.11 If you have any questions or problems, please see our FAQ or contact our Customer Support team @ speakenglishkorea@yahoo.com

 

Article 13 (Cancellation,termination and Refunds)

 

Sec.13.1 You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. The Account screen provides a simple no questions asked cancellation link. A cancellation option link is also provided in the booking confirmation e-mails sent by the company.

 

Sec.13.2 If you cancel the Service before the end of your current paid up month, your cancellation will take effect by the end of your current paid month and you will not be charged again.

 

Sec.13.3 The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service at any time with or without prior notice in case of (a) fraudulent, criminal, grossly negligent, willful, or otherwise intentional misconduct, or violation of any law or regulation, in connection with the performance of your obligations hereunder and/or (b) demonstrated usage negatively impacting the performance of the Service and/or (c) breach of the herein Service terms and conditions. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account or any other similar action deemed appropriate.

 

Refunds policy: Under Philippine law, you may have the right to cancel or request a refund under certain circumstances, in accordance with this policy.

 

Sec.13.4 Within 7 days from the payment date: 100%  or a full refund if the student has not  taken any lessons.

 

 Sec.13.5 After 7 days from the payment date: Non-refundable unless there was a technical  issue in the Company.

 

 Sec.13.6 If the student is fifteen (15) minutes late,no refund is given. The student has the option to proceed and have a lesson with the remaining 10 minutes.

 

 Sec.13.7  If the student doesn’t show for whatever reason(e.g. No-show,Absent), no refund is given.

 

Article 14 (Termination and suspension of Service)

 

Sec.14.1 We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

Sec.14.2  All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Sec.14.3 We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

Sec.14.4 Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

 

Sec.14.5 If a user’s account is terminated  or suspended due to any of the reasons stipulated herein, the Company shall accept no responsibility whatsoever, even if said user were to suffer damage or inconvenience following the termination or  suspension, and  the Company shall issue no refund whatsoever for any of the usage fees already paid by said user.

 

Article 15 (Skype Usage)

 

The Service is supplied through the use of the Skype service. Users are deemed to have agreed to the following clauses in relation to the use of Skype:

 

Sec.15.1 Users shall comply with all terms and conditions, as well as guidelines, stipulated by Skype.

 

Sec.15.2 Before using the Service, users shall download and install Skype, and also verify its operation.

 

Sec.15.3 Users shall take full responsibility and cover any costs incurred when downloading, installing, configuring, or using Skype.

 

 Sec.15.4  The Company shall accept no responsibility whatsoever for any faults, or other issues, experienced in Skype's functionality after the start of a lesson.

 

 Sec.15.5  Users shall use Skype's chat functionality to receive files from the Teachers, and open URLs external to the Website, completely at their own risk.

 

Sec.15.6 The Company shall have no obligation whatsoever to answer any inquiries, consultations, or any other form of communication with regard to the services provided by Skype.

 

Sec.15.7  Users shall verify that their communications environment does not hinder their use of Skype  service.

 

 

Article 16 (Changes,Modifications to the Service and Prices)

 

Sec.16.1Speak English reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

Sec.16.2 When users make changes to their own registered information (e-mail address, Skype I.D., etc.) those changes are quickly implemented via the Speak English online platform. The Company shall accept no responsibility whatsoever for any damage or inconvenience caused to users due to delay in making those change(s) or failure to notify the Company of said change(s).

 

Sec.16.3 Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service itself.

 

Sec.16.4 Speak English shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

Article 17 (Usage of Registered Information)   

       

Sec.17.1 The Company shall use the registered information collected from users only for the purposes of providing the Service.

 

Sec.17.2 In order to provide the Service, the Company shall provide the following user registration information to third parties entrusted with the operation of parts of the Service: (1)Name or nickname(2) Email address (3) Mailing address (4)Phone number (5)Credit card information (6)Gender (7)Skype I.D. (8)English proficiency level or other details to help you with your experience.

 

Sec.17.3 Except in the case specified , the Company shall not disclose to third parties any user registration information without obtaining the users' prior consent. However, this is not applicable in the following cases: (1) When ordered to disclose information by law. (2) If refusing to disclose information will go against the public interest, and it is difficult to obtain prior consent from the customer.

(3) If required to cooperate with national organizations or local public bodies, or their subcontractors, in order to comply with the law, and if contacting the customer to obtain consent may hinder the compliance with said law.

(4) If necessary for the Company to exercise its justifiable rights.

 

Sec.17.4 Anything not specified in these Terms and Conditions with regard to the usage of registered information is defined in the Company's Privacy Policy.

 

Article 18 (Transfer of Business)

 

If the Company transfers the Service to a third party, it is deemed that the Company is allowed to transfer to the recipient or service operator all the rights and obligations based on these Terms and Conditions, as well as all users' registered information and any other information. Furthermore, in the position of users of the Service, users acknowledge and agree in advance to the transfer to the recipient or service operator of all the rights and obligations based on these Terms and Conditions, as well as all users' registered information and any other related information.

 

Article 19 (Service Date/Time Zone)

 

Sec.19.1 In the Service, dates and times such as the Use Start Date, start date for the Usage Month, deadlines for various fees, deadlines for various applications, etc., are all displayed based on Philippine Standard Time(GMT+8:00).

 

 Sec.19.2 All time calculations within the Service are based on the Company's time zone.

 

Article 20 (Links to Other Web Sites)

 

Sec.20.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by Speak English.

 

Sec.20.2 Speak English has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Speak English shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

 

Sec.20.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Article 21 (Indemnification)

 

Sec.21.1 You agree to defend, indemnify and hold harmless the Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms and Conditions

 

 Sec.21.2 Users shall take responsibility and cover any costs and be liable for providing compensation for any damages caused to the Company, the Company's staff, the Teachers, other users, or third parties when using the Service (including the case when the Company, the Company's staff, the Teachers, other users, or third parties have suffered damages caused by the user not fulfilling their obligations as stipulated in these Terms and Conditions).

 

Article 22 (Limited Liability Rule)

 

In no event shall Speak English, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (1) your access to or use of or inability to access or use the Service; (2) any conduct or content of any third party on the Service; (3) any content obtained from the Service; and (4) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Article 23 (Disclaimer)

 

Sec.23.1 Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

Sec.23.2 The Company , its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Article 24 (Exclusions)

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Article 25 (Governing Law)

 

Sec.25.1 These Terms shall be governed and construed in accordance with the laws of Philippines, without regard to its conflict of law provisions.

 

Sec.25.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

Contact Us

 

If you have any questions about these Terms, please contact us.

 

SPEAK ENGLISH

National Highway, Brgy.Pagdaraoan

San Fernando City, La Union 2500

Philippines

 

speakenglishkorea@yahoo.com (English speaking representative)