These terms and conditions govern the way in which we supply products to you, including any eLearning courses. By registering for an account, it will be deemed that you have read, accepted and bound by all the terms in the user agreement.
1. GRANT OF USE
i. In consideration of your purchase and/or subscription, English for Everyone (“EFE”) hereby grants you a licence to use the purchased eLearning course(s) (“the Product”).
ii. This licence is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms.
iii. This licence is personal to you and cannot be shared or exchanged with others. EFE prohibits users from transferring accounts privately with or without compensation. Users shall bear any losses caused by the violation of this term.
2. GENERAL
i. We develop, distribute and maintain the Products and will also provide you with log in details. We will also manage your access to the Products and provide support to you, where necessary.
ii. You shall not copy, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials.
iii. We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute.
iv. We also do not warrant that the materials will be error free, including technical inaccuracies.
3. USER ACCOUNT
i. You ensure that all the information provided to us as part of the registration procedure is true, accurate, fair and complete. Restrictions and limitations of your user account are subject to further verification processes. You may be requested to provide further personal details during the verification process under your profile page. EFE reserves the right to disable accounts with incomplete or fraudulent personal details.
ii. Users shall abide by the following principles when using video chat and other services provided by the Product:
a) Users of the Product shall not send any information containing one of the following contents in any way:
• Violating the basic principles defined in the constitution;
• Endangering national security, divulging state secrets, subverting state power or undermining national unity;
• Harming the honor and interests of the state;
• Inciting ethnic hatred or discrimination and undermining national unity;
• Sabotaging the state's religious policies and promoting cults and feudal superstitions;
• Spreading rumors, disturbing social order and undermining social stability;
• Disseminating obscenity, pornography, gambling, violence, terror or abetting a crime;
• Insulting or slandering others and infringing upon the lawful rights and interests of others;
• Inciting unlawful assembly, association, procession, demonstration or gathering of people to disrupt public order;
• Activities in the name of illegal civil organizations;
• contents containing falsehood, harmful, coercion, invasion of privacy, harassment, invasion, defamation, vulgarity, or other morally objectionable contents;
• Contain other contents restricted or prohibited by laws, regulations, rules, ordinances and any norms with legal effect.
b) Shall not use the network service system for any illegal purpose;
c) Comply with all network protocols, regulations and procedures relating to network services;
d) The products and services shall not be used for any behavior that may adversely affect the normal operation of the Internet;
e) Do not use the service provided by this product to conduct any behavior that is not conducive to the education of EFE;
f) If the user violates any of the above provisions when using the network service, EFE reserves has the right to delete the content posted by the user, suspend or terminate the user's right to use the network service to mitigate the impact caused by the user's misconduct;
g Users shall not post vulgar content, including but not limited to:
• Undressed, uncivilized, unrefined, unhygienic and other images that are intolerable to ordinary people appear in public video;
• Play or use vulgar and unethical language and behavior, and indecent background music or accompaniment music;
• Naked full body or chest, buttocks, inner thighs and other parts should not be exposed;
h) It is strictly prohibited to display guns and knives and perform high-risk performances. Performances that endanger the personal safety of others are strictly prohibited. For example, beating others, threatening others with guns and knives;
i) It is strictly prohibited to perform programs that endanger one's own safety, such as suicide and self-injury.
4. ACCESS TO MATERIALS
i. The starting date of your access to the Products is deemed to be the date that you first have access.
ii. We cannot guarantee that certification or completion (as appropriate) will be possible during the duration of your subscription. As such, it is your responsibility to ensure that you complete the content within the allocated time period. If you do not think this will be possible, then extensions of time are available for purchase and/or subscription at an additional cost.
iii. We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.
iv. Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.
5. RIGHTS TO CONTENTS
i. The user agrees that EFE shall record and save the voice conversations generated during the use of the product. User agrees that the company has a permanent, irrevocable and royalty free and fully transferable right to the recordings worldwide.
ii. The user has the right, consent and permission to the video chat object/party, to share or reprint the recording of the voice conversation, and EFE shall not be liable for any dispute with a third party arising therefrom.
iii. The aforesaid authorization made by the user to EFE is exclusive, and any third party other than the company or the user shall not copy, modify, edit, transfer, use or other usages without the consent of the company. The user agrees to grant EFE the authorization to take legal action against a third party to protect the legitimate rights and interests of the user and the company.
iv. In order to operate and improve the technology and services of the product, the company may collect, use or provide non-personal privacy information of users to third parties, which will help provide users with better user experience and improve our service quality.
v. Generally, EFE uses users' information for the following reasons:(1) the verification service, upgrading service required by performing the service; (2) improve user safety or provide customer service support;(3) provide service announcements or information that you are interested in, including but not limited to sending product and service notices to you;(4) use all kinds of non-personal privacy data for commercial purposes, including but not limited to providing value-added services, advertising, positioning advertising, marketing, joint registration of other services, promotion or any other activities to third parties (collectively referred to as "commercial activities");(5) use user information to manage such activities when users participate in sweepstakes, contests or similar promotional activities;(6) other functions that are beneficial to users or the improvement of software and network services.
vi. The company and its affiliates may share user information with each other and use such information in accordance with this privacy policy. The company has the right to analyze the entire user database and make commercial use of the user database on the premise that the privacy information of individual users is not disclosed.
6. SERVICE CHANGE, INTERRUPTION OR TERMINATION
i. If the network service needs to be suspended due to system maintenance or upgrade, EFE will make a notice on the important page in advance as far as possible.
ii. Under any of the following circumstances, the company shall have the right to interrupt or terminate the services provided to users at any time without notifying users:
a. The personal data provided by the user is not true;
b. User violates the rules of use set forth in this agreement.
c. The user fails to pay the corresponding product/subscription fee to EFE when using the fee-based network service.
d. Besides as described above, the company also reserves the right to interrupt or terminate part or all of the services at any time without prior notice to the user. The company shall not be liable for any loss caused by the interruption or termination of all services to the user or any third party.
7. PRICING AND PAYMENT
i. We use third party payment providers, depending on the way in which you make payments.
ii. Payment for the Products must be made at the point of purchase. You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region.
iii. Please note that we must receive your payment in full before providing you with access to the Products. Your payment includes the licensing of the Products for a limited period of time that is appropriate for the eLearning content.
iv. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion.
v. We reserve our right to review and change the pricing of any of our products. This may or may not affect products that have already been purchased.
8. CANCELLATION AND RESTRICTION POLICY
i. As the Product is made available online and immediately after receipt of payment, you will not be able to cancel your purchase and/or subscription.
ii. It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.
iii. We may restrict your access to the Products if you breach these terms, including without limitation:
a. A failure to make any payment due to us; or
b. Failure to provide accurate information that is necessary for us to provide the Products to you.
9. DISCLAIMER & INDEMNITY
i. The user expressly agrees that the risks of using the services provided by the product shall be solely borne by the user; all the consequences arising from the use of the Product shall be borne by the user. EFE shall not assume any responsibility for the user.
ii. EFE does not guarantee that the service will meet the requirements of users, that the service will not be interrupted, and that the timeliness, safety and accuracy of the service will not be guaranteed.
iii. EFE shall not assume any responsibility for network service interruption or other defects caused by force majeure or reasons beyond the company's control.
iv. User agrees to protect and safeguard the interests of EFE and other users. In case of any loss to the company or any other third party caused by user's violation of relevant laws and regulations or any provision hereunder, user agrees to assume the liability for damages caused thereby.
v. User agrees that, if permitted by law, the total amount of any and all compensation to be paid by EFE for user losses caused by the breach of this agreement shall not exceed the product / subscription fee paid by the user for using the product.
vi. You will indemnify, defend and hold harmless EFE and its affiliates, directors, officers, agents employees, successors, assigns and all Data Providers, and each of their affiliates, directors, officers, agents, employees, members, partners, successors and assigns ("EFE Indemnitees") from and against any and all losses, liabilities, damages, costs (including reasonable attorneys’ fees) and expenses arising as a result of any claims, suits or proceedings (collectively, "Claims") brought by any third party against any EFE Indemnitees arising from your use of the Product.
10. MODIFICATION OF TERMS
i. EFE may modify the relevant terms of this agreement from time to time. In case of any change in the terms, the company will prompt the modification on the relevant page. You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement.
ii. If you disagree with the modified terms of use or any part of these terms of use, you must stop using the Product. If the user continues to use the Product, it is deemed that the user accepts the change of terms of service.
11. OTHER PROVISIONS
i. This agreement constitutes the entire agreement between the parties with respect to the matters agreed herein and other related matters. Except as provided herein, no other rights are granted to the parties hereto.
ii. If any provision of this agreement is completely or partially invalid or unenforceable for any reason whatsoever, the remaining provisions of this agreement shall remain valid and binding.