Service Terms and Conditions
Our agreement with you is set forth in these General Terms & Conditions, which apply to each and all our services (“Services”). Our agreement with you will also include Specific Terms and Conditions set out elsewhere which will impose additional rules to specific services and in specific instances.
Taken together, these Terms and Conditions may be amended by us from time to time. It is your responsibility to be aware of such changes, which will take effect when posted on our Website. All references to “we”, “us” ,“our”and “our company”, are to PPLingo Pte. Ltd, Lingoace Academy Inc and Lingoace, whereas PPLingo Pte Ltd is our Singapore Headquarter Company, Lingoace Academy Inc is a subsidiary of PPLingo Pte Ltd and Lingoace as the product of the company.
Description of Website and Services
The service allows users to
1. Learn or practice Chinese language though the platform with our teacher.
2. Teachers and courseware will be provided by us.
3. Register and schedule classes through the platform.
4. Lessons are held online, in a virtual classroom, where both teacher and student will be able to see each other on the right side of the screen and courseware or whiteboard will be on the left side of the screen.
Your Representations and Warranties
You represent and warrant to our company that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including, Course Contributor Materials, and Activity Materials) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below. If you register with our company , you further represent and warrant that the identification materials you submit to our company are true and accurate representations of legal identification documents, issued to you by a government entity in accordance with local laws, and that you are registering for the PPLingo for the express purpose of taking a language examination. You further represent and warrant that you will carefully safeguard your password, user name, and account information, will not share your password or user name with any third party, and will not allow any third party to access your PPLingo account for any purpose.
You will not upload, display or otherwise provide on or through the Service any content that:
1. Is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or
2. Our sole judgment is objectionable, or which restricts or inhibits any other person from using the Service or which may expose our company or its users to any harm or liability of any kind. You will not use the our company to collect information about our testing process or to develop strategy, guides or other testing preparation material or a similar testing service.
Indemnification of our company
You agree to defend, indemnify and hold our company and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions,or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
Subject to the terms of these Terms and Conditions, PPLingo grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof. Our company and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and our company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and our company acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:
1. Product liability claims
2. Any claim that the App fails to conform to any applicable legal or regulatory requirement;
3. Claims arising under consumer protection or similar legislation. You and our company acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, our company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using the App. You and our company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the App, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
Product Description, Promotional Offers, Pricing
1. Product Description and Pricing. We do not warrant that descriptions and pricing of our Services offered published in our pricing and fee schedules, are accurate, complete, current, or error-free. The descriptions, pricing and availability of Services will be subject to change, withdrawal or discontinuance at our absolute discretion and without the need to assign a reason thereof. We reserve the right to reject or refund any purchases resulting from such inaccuracy, errors or discrepancies, without liability. If a Service is not as described, your sole remedy is to discontinue using it, refer to service refund policy.
2. Offer Eligibility and Validity. From time to time, we may make promotional offers each of which may have specific eligibility requirements, validity period and other terms which will be set out in the specific promotional offer. LingoAce reserves the rights to change, withdrawal or discontinuance the promotional offers.
3. Trial Lesson. We offer trail lesson that will only be available to new customers after signing up and onboarding process. These lessons are not available for transfer, refund or any other conversion methods.
Paying for your Services
1. Pricing. The payment summary page or requested invoice will reflect the prices and charges based on our applicable price and fee schedule.
2. Disputing Charges. If you wish to dispute any charges, you must do so in writing. If you choose to dispute any charges which you have paid, you have one year from the date of the invoice or payment, to do so.
3. Modes of Payments. Payment can be made by debit/credit card registered in your name, bank transfer, Alipay and Wechatpay.
4. Sufficient Funds. You will ensure that there are sufficient funds available in your account registered with us to pay for Services charged by us.
5. Invoicing. Should you require an invoice from us, you can request it through the Course consultant. The invoice will be sent to you via Wechat or Email.
Using our Services
1. Use of Equipment is Required. All our Services must be accessed via equipment. Our Course Consultants will advise the equipment needed to connect to our Services. It is your responsibility to purchase the equipment as notified to you. We will not be liable to you for any loss or damage caused by the equipment.
2. Use of your Equipment. We are not responsible for your equipment working properly. You are responsible for maintaining any equipment that is relevant to the Services, which you own which includes phones, computers, and gateways. We are not responsible if you are not able to use the Services because your equipment does not work properly, is not compatible with the Service or does not meet the minimum specifications established by us. We will not be liable in any way for any loss or damage which is caused to your own equipment.
3. Consuming Lessons. For packages with free or bonus lessons. Paid lessons will be consumed first, the free and bonus lessons will only be consumed or activated after all paid within the package is consumed.
4. Our Reasonable Skill & Care. In supplying the Services, we will always use our reasonable skill and care, and we will always aim to provide you with the best service possible but are not able to guarantee fault-free performance. Due to the nature of the Internet, we cannot guarantee specific levels of performance for the service rendered. We cannot guarantee that maximum transmission speeds, due to other factors outside LingoAce services control. You agree that you will tell us about any dissatisfaction in the Services by our Course Consultant, who will aim to respond as promptly as possible.
5. Customer Service Monitoring. To make sure we’re always giving you best possible service, we may monitor lessons and conversations you have with our team. We’ll use these to improve the quality of our customer services and teacher’s training.
PPLingo may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your PPLingo account at any time by following the instructions available through our course consultant. The provisions of these Terms and Conditions relating to the protection and enforcement of our company’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
Lessons transfer and Refund Policy.
1. Lessons transfer. Unconsumed lessons cans be transferred to another account under the following criteria
· Both giver and receiver accounts must be related, within family, brothers or sisters.
· Transferring classes is a 1 way and irreversible process.
· LingoAce will not be liable for any dispute made by any error or mistake due to unclear instructions .
For transferring lessons approach our Course Consultant via the different communication channels. As soon as the Course Consultant can confirm both giver and receiver acknowledgements of the transfer, the process would be done within 1 to 3 days
2. Refund policy. LingoAce supports an unconditional refund policy of unconsumed lessons. We reserve the right to reject refunds resulting from inaccuracy, errors, discrepancies, or suspected foul play, without liability.
3. Refund Calculation. In the event of refund, the calculation would be done in the following way.
· All Bonus or free classes would be forfeited.
· Refundable amount=(Total fee paid / Total number of class package) x Number of unconsumed lessons
· There would be a 3%administration charges of the refundable amount
Example: Customer purchased 20 lessons ($600) with 1 free lesson at 10% discount. Customer consumed 7 lessons and decided to refund due to personal reasons.
Calculation: ((600*.9)/20) x 13 = $351
$351 less 3% final refundable amount is $340.47
No Representation or Warranties by PPLingo
The service, including all images, audio files and other content therein, and any other information, property, and rights granted or provided to you by our company are provided to you on an “As Is” basis. Our company and its suppliers make no representations or warranties of any kind with with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchant ability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing our company does not make any representation or warranty of any kind relation to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the system may be unavailable during the periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of types of damages/limitations of liability. In no event will our company be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of the service, inaccurate results, loss of profits, business interruption, or damage stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data the cost of substitute service or claims by third parties for any damage to computers, software, modems, telephones or other property. Even if PPlingo has advised of the possibility of such damages, our company liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to our company for the service in the 12months prior to the initial actions giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of our company or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and our company, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by our company, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to our company any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of our company or its licensors that are not expressly granted in these Terms and Conditions are reserved to our company and its licensors.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement between our company and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by our company or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. PPLingo may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of our company and you, and our company’s and your respective successors and permitted assigns.
Last revised on Nov 15, 2019.