Terms and Conditions
Article 1 (General Rules)
- The Company can reasonably save comments, conversations, questions and information published in the Service as a requirement to correctly control the Service; and, if it were necessary, the Company can also gather and store images and videos. The Company will use this information in a very limited way and only for inevitable reasons that may derive as part of the operation of the Service. The users shall agree with the Company on the use and storage of this information.
Article 3 (Application upon Registering in the Service)
- Users may request to be registered in the Service using a method stipulated by the Company. Besides, when users request to be registered, users shall agree to comply with the following conditions:
- (1) Users shall install Skype’s version recommended by the Company.
- (2) Users shall verify that the communication environment does not affect the Service.
- (3) Under-aged users shall obtain a written consent from a legal representative, such as parents or tutors.
- (5) People who teach the lessons include part-time and full-time employees of the Company or subcontractors of the Company (hereinafter referred to as “Teachers”).
- (6) Skype’s name (a unique name used by one particular user in Skype) registered by the users will be shown in the websites of Service booking to teach the lessons.
- (7) The Company can use the e-mail to send notifications, advertisements, questionnaires and other similar information about the Service to the users.
- Registration to use the Service shall be completed once the Company sends the user a confirmation e-mail for this purpose.
- If any of the following cases is applicable to the user, the Company can reject the registration to the Service request, or even cancel the registration if it has already been done.
- (1) If we consider that the applicant does not exist or cannot exist.
- (3) If the request contains false, incorrect or incomplete information.
- (4) If at any point of the request or in the past, the user behaved negligently to pay the fees for the use of the Service.
- (5) If the payment services designated by the Company have not agreed to start an agreement with the applicant.
- (6) If the same person created several accounts.
- (7) If any other user behavior is considered inappropriate by the Company.
- Once the registration is completed, users will be able to starts using the Service when the fees payment (hereinafter referred to as “Use Start Date”), stipulated in Article 7, has been verified by the Company or by the Company’s system.
Article 4 (Control of Registration Information)
- The Company will use the users’ registration information gathered only for the purposes of providing a better service.
- To improve the Service, the Company will provide the following registration information to trusted third parties to operate parts of the Service:
- (1) Skype identification
- (2) Nickname or full name
- (3) Gender
- Except in the cases specified in the previous section, the Company will not reveal any registration information to third parties without the previous consent of the user. However, this is not applicable in the following cases:
- (1) When there is a legal order to reveal the information.
- (2) If denying to reveal the information is against the public interest, and it is difficult to obtain the previous consent by the client.
- (3) If the information is needed to cooperate with national organizations or local public agencies, or its subcontractors, to comply with the Law, and if reaching the client to obtain the consent may affect compliance with said Law.
- (4) If it is necessary for the Company to exercise its justified rights.
Article 5 (Changes in the Registration Information)
When the users make changes in their own registration information, those changes are immediately implemented through different methods stipulated by the Company. In no event shall the Company be liable for any damage suffered by the users due to a delay in performing said changes.
Article 6 (Period of Use of the Service)
- The period of time the user may use the Service (hereinafter referred to as “Period of Use”) is calculated per calendar months (hereinafter referred to as “Monthly Use”) and they mark the Use Start Date of the Service (example: if the Use start Date is January 1, then the Period of Use is calculated from the first day of every month).
- The Period of Use is renewed by means of the payment of use fees. Use fees shall be paid according to the methods stipulated in Article 7.
Article 7 (Use Fees and Methods of Payment)
- The users shall make a payment to the Company to be able to use the Service, together with the use fees stipulated separately by the Company. Moreover, users shall be responsible for the payment of any additional tax applied to the use fees, such as the consumption tax, and any other type of tax.
- To renew the use of the Service, users shall pay the use fees following the Monthly Use. The Period of Use of the Service is going to be renewed automatically every month based on the same conditions, unless users cancel their subscription in accordance with Article 13. Moreover, the use fee for the following Monthly Use shall be paid before the end of the Period of Use using the method stipulated in section 2.
- Use fees shall be paid monthly and based on the Period of Use of a month. In no case use fees already paid to the Company will be reimbursed. However, this is not applicable if the Service cannot be provided to the user for reasons attributable to the Company, requiring the corresponding reimbursement.
Article 8 (Free Trial Lessons)
- From the day that registration is completed in the Service, users are entitled to participate in several free trial lessons stipulated separately by the Company.
- If the Company considers that the same person has registered several accounts with the only purpose of receiving free lessons, or has created multiple accounts for any inappropriate use, the Company may deny to allow the holders of those accounts (if multiple accounts are identified as inappropriate, this applies to all the accounts) to participate in the free trial lessons.
Article 9 (Lessons)
- Unless otherwise stipulated, in no event shall the duration of the lesson be modified or interrupted.
- If the user does not answer (including any circumstance that hinders communication) in the first 10 minutes after the Company called him or her, or the teacher of the Company in charge of the lesson (hereinafter referred to as “Assigned Teacher”), the Company may consider that the user has lost the lesson and therefore finish it.
- If the user is suddenly not present during the lesson without previous notice, the Company shall send notices to the user, requests to improve, or other type of notices.
- The Company shall not compensate or allow users to reschedule lost lessons, no matter the reasons.
Article 10 (Prohibited Behavior)
- Users shall not engage in any of the following conducts while they attend the lessons or perform any other use of the Service.
- (1) To have the right to use the Service and to pass it to other people via transference, use, change in name, or offering it as a promise or guarantee.
- (2) Transference, borrowing, or any other related behavior in connection with passwords and other information, to third parties, including allowing third parties to use that information.
- (3) Infringement by the Company, by the Teachers, or by any third party, of the honor, credibility, copyright, patent rights, utility model rights, design rights, trade names, advertising rights, or privacy.
- (4) Illegal behavior or behavior against the order and the public morals.
- (5) Behavior that can damage the operation of the Service.
- (6) Use the Service for business or commercial purposes, or to be prepared to make similar uses.
- (7) Behavior that motivates or promotes illegal behavior among other users of the Service and Teachers.
- (8) Behavior that is morally or financially harmful or inconvenient for other users of the Service or for Teachers.
- (9) To engage in criminal behavior.
- (10) To engage in harassing conduct, such as sexual harassment towards a Teacher, or any other inappropriate behavior that hinders the progress of the lesson.
- (11) To engage in lessons being drunk.
- (12) To engage in behavior that can make the Teacher feel uncomfortable such as the over-exposure of parts of the body, to wear clothes that excessively expose certain parts of the body, to only wear underwear, and others.
- (13) The behavior that causes or may cause the dissemination of lesson’s contents, images, videos or recordings, without the previous permit from the Company.
- (14) To carry out investigations about the confidential information that the Company does not disseminate as a general rule, such as the working conditions of Teachers, the call center location, information about its internet connection, and others.
- (15) To ask the Teachers about their religion, their political stance, and others.
- (16) To try to have personal contact with the Teachers, either directly or by proxy means, online or offline, including e-mail correspondence.
- (17) To encourage or facilitate Teachers moving to any company of the competence.
- (18) To use abusive language or to show an aggressive behavior towards the Company or the Teachers, or to engage in any other behavior that hinders the normal operation of the Company.
- (19) To allow that unregistered people use your account.
- (20) To register several accounts.
- (21) To help unregistered people to participate in the lessons without obtaining the previous permit of the Company.
- (22) To engage in any other behavior considered as inappropriate by the Company.
- The Company will decide, at its discretion, if the user has engaged in any of the prohibited behaviors stipulated in the previous section. The Company is not obliged to provide any explanation regarding the decision taken in accordance with this section.
- The Society shall not be liable for any damage or inconvenience suffered by a user as a result of the decision taken based on the previous section, unless the Company is in a serious situation of negligence.
- Users shall be legally liable for the damages caused to the Company or to third parties as a consequence of a violation to Article 1, even if said user has already cancelled his or her membership.
Article 11 (Suspension of the Service, Registration Cancellation, Service Outages, and Others)
- If the Company considers that some of the following clauses are applicable to a user, independently of the circumstances in which the Service is provided, the Company may suspend, interrupt, as well as cancel the membership of said user without previous notice.
- (1) If the Company considers that it is not necessary to wait for the improvement in behavior of a user after a warning was issued, or any type of similar communication stipulated in Article 9, section 3.
- (2) If the user has engaged in any prohibited conduct stipulated in Article 11, section 1.
- (3) If the user has broken any of the rules stipulated in these Terms and Conditions.
- (4) If, when using the Service, the user has not followed instructions provided by the Company or the Teacher.
- (5) For any other reason that makes the Company consider that the user has made an inappropriate use of the Service.
- If a user is suspended due to any of the causes described in the previous section, the Company shall not reimburse any of the use fees paid by said user.
- If the user is suspended due to any of the causes described in Section 1, the Company shall not be liable even if said user suffers damages as a consequence of the suspension.
Article 12 (Cancellation of Membership)
- The user may request the cancellation of his or her membership following a process stipulated by the Company. Provided there are no problems with the cancellation, the user will loss the right to use the Service at the end of the month. Likewise, cancellation process will be considered as complete once the Company has verified the request of the user to cancel his or her membership and after sending him or her an email of confirmation of user cancellation.
- Requests of cancellation of membership shall be filed before the first day of the following month. If the request is not send within that period, cancellation will be effective as of the following month and not the current one.
- Once the user has completed his or her cancellation of the membership, he or she will completely loss all the rights regarding the Service, and will also loss the right to present any type of complaint against the Company.
- If the Company or a third party suffer damages caused by the behavior of a user in connection with the Service, said user shall be legally liable for the liquidated damages, even after he or she cancelled his or her membership.
Article 13 (Company Notifications)
- The Company will send notifications about the Service to the e-mail address used by the users for registering as members of CLASING ELTS (hereinafter referred to as “Designated E-mail Address”). Likewise, the Company will consider that said notifications have reached their recipients at the moment of sending the e-mails.
- The Society considers that the users may receive e-mails from the Company sent to their Designated E-mail Address.
- If users change their e-mail address, they shall communicate this to the Company as soon as possible. The Company shall not be held liable for any damage or inconvenience caused to the users due to a lack of notification of said change.
Article 14 (Interruption in the Service/Cancellation)
- If the number of available lessons is reduced due to the reasons stipulated in the previous section, the Company shall notify the users beforehand through its website or via e-mail. It is considered that users have agreed with this beforehand.
- In no event shall the Company be liable for damages or inconveniences caused to the users or third parties due to the suspension or termination of the Service if it is not attributable to the Society.
Article 15 (Skype and Google Use)
The Service is provided via Skype. It is considered that users have accepted the following clauses regarding the use of Skype:
- ( 1 ) Users shall comply with all of the Terms and Conditions, as well as with the guidelines, stipulated by Skype.
- ( 2 ) Before using the Service, users shall download and install Skype, and they shall also verify its correct operation.
- ( 3 ) The user shall assume the whole responsibility and shall pay the fees regarding Skype’s download, installation, configuration, or use.
- ( 4 ) In no event shall the Company be liable for any failure regarding Skype’s operation after a lesson started.
- ( 5 ) Users shall use the chat function of Skype to receive files from Teachers, and to open external URL addresses, at their own risk.
- ( 6 ) The Company is not obliged to answer any questions, consultations, or any other form of communication regarding the Services provided by Skype.
Article 16 (User’s Responsibility)
- Users are totally responsible for how they use the Service as well as for any behavior engaged in during the provision of the Service, and as a result of it.
- Users shall assume the responsibility and shall pay the expenses for the damages caused to the Company, to the Company’s staff, to the Teachers, to other users or to third parties, due to the use of the Service (including the cases in which the Company, the Company’s staff, the Teachers, other users or third parties have suffered damages caused because the user has complied with his obligations, stipulated in the Terms and Conditions.)
Article 17 (Copyright and Intellectual Property)
- The copyright and the property (hereinafter referred to as “Copyrights”) of the images, videos, voice recordings, brands, logos, texts and any other type of material related with the Service belong to the Company. users shall not use, copy or take advantage of the Copyrights of the Company. Users shall not print or upload any type of material protected by copyright to magazines, newspapers or other websites, neither can they distribute them to third parties.
- If we consider that the user is violating the previous clause, the Company can take the actions that considers necessary (sending a notification, asking a compensation for damages, introducing a precautionary measure, and others) against said user based on the Japanese copyright Law, on the copyright Law or on any other type of Law included among the rights of the Company.
Article 18 (Waiver)
Users agree that the Company shall not compensate for damages caused regarding the following situations.
- (1) If the user cannot satisfactorily use the Service due to any of these reasons:
- When the user could not book the desired time.
- When the user could not book the desired Teacher.
- When the lesson has to be suspended due to outages, communication problems, or any other type of problem that occurs in the Philippines
- If there is an unauthorised access to an account or messages have been modified or the user information has been modified, or if a third party commits an illegal action.
- (2) The educational effectiveness, the validity, the accuracy, the authenticity, or any other aspect of the lessons offered through the Service.
- (3) Software’s and files’ safety, and the safety of any other type of component or material used during the provision of the Service or related to it.
- (4) If the user could not use the Service due to malfunctioning, or any other type of problem with Skype, or any other type of service whose provider is any of our associated companies.
- (5) In accordance with Article 16, section 5 of these Terms and Conditions, if the user has suffered damages in his or her computer due to a computer virus. The user opens all the files acknowledging the risks derived from his or her actions.
- (6) If the user has not been capable of using the service due to negligence, such as losing the password.
- (7) The accuracy, updating, safety or any other aspect of any link or information that appears on the website.
- (8) The accuracy, safety or any other type of aspect regarding any content, including the truthfulness of what is published on the website or in third parties websites regarding the Service.
Article 19 (No Guarantee Clause)
The user agrees that the Company shall not offer any type of guarantee regarding the following clauses:
- (1) The possibility of the user to book the desired time.
- (2) The possibility of the user to book the desired Teacher.
- (3) The educational effectiveness, the validity, the accuracy, the authenticity, or any other aspect of the lessons offered through the Service.
- (4) The capacity of the Company to provide the Service, based on the recommended environment to use the Service.
- (5) Software’s and files’ safety, and the safety of any other component or material used during the provision of the Service or related to it.
- (6) The accuracy, updating, safety or any other aspect of any link or of the information that appears on the website.
- (7) The accuracy, safety or any other type of aspect regarding any content, including the truthfulness of what is published on the website or on third parties websites regarding the Service.
Article 20 (Transfer of Business)
If the Company transfers the Service to a third party, together with the transference of the business and with the functions of the operator of the Service, the Company has the right to transfer the conditions and obligations of the Service described in these Terms and Conditions, as well as users information or any other type of information.
As users of the Service, the users acknowledge and agree beforehand about the transference of all the rights and conditions described in these Terms and Conditions, as well as their registration information or any other type of information.
Article 21 (Service Times)
- In the Service, times and dates such as the inscription date, the month start date, the discounts duration, appear based on the peninsular Spanish time (GMT).
- .All of the internal times are calculated based on the local time of the Company.
Article 22 (Exclusive Jurisdiction and Applicable Law)
These Terms and Conditions are subordinated to the Spanish Law. The Company and the users agree beforehand that in the case of disputes between the Company and the users regarding these Terms and Conditions, they will be solved exclusively under the jurisdiction of the first instance Spanish court.
Created on: October 29, 2015.