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”, PPLingo Pte. Ltd., LingoAce Academy, Inc. and affiliated companies.

Description of Website and Services

The service allows users to

Learn or practise the Chinese language through the platform with our teacher.
Teachers and courseware will be provided by us.
Register and schedule classes through the platform.
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. You further represent and warrant that you will carefully safeguard your password, username, and account information, will not share your password or username with any third party, and will not allow any third party to access your LingoAce account for any purpose.

Inappropriate Use

You will not upload, display or otherwise provide on or through the Service any content that:

Is libellous, 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
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 our company to collect information about our testing process or to develop strategy, guides or other testing preparation material or 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.

App License

Subject to the terms of these Terms and Conditions, we grant 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:

Product liability claims
Any claim that the App fails to conform to any applicable legal or regulatory requirement; and
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 infringe that third party’s intellectual property rights, our company, not Apple, will be solely responsible for the investigation, defence, 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

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.
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.
Trial Lesson. We offer trial 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

Pricing. The payment summary page or requested invoice will reflect the prices and charges based on our applicable price and fee schedule.
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.
Modes of Payments. Payment can be made by debit/credit card registered in your name, bank transfer, Alipay and WeChat Pay.
Sufficient Funds. You will ensure that there are sufficient funds available in your account registered with us to pay for Services charged by us.
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

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.
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.
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.
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.
Customer Service Monitoring. To make sure we’re always giving you the 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.

Termination

We 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 LingoAce 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

Lesson Package cancellation is only applicable to instalment customer. There is strictly no refund for all Singapore small class customers.

Lesson Package cancellation. Customers would have to write into our customer service email at enquiry@pplingo.com at least 7 days before the next payment to initiate a cancellation request. Our customer service personnel will contact you to follow up on the Singapore small class instalment, cancellation. The email will need to include the following items:

User Login ID
Student name
Reason for cancellation

LingoAce refund policy is only applicable to 1 on 1 lessons classes.

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.
Refund Calculation. In the event of a 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
For Refunds kindly approach our Course Consultant via the different communication channels. Once the refund is approved, the amount will be credited into the designated bank account within 7 days.

Cancellation for Singapore Writing Class

Customer who made payment for Singapore Writing Class but not scheduled for classes due to insufficient student would be entitled to 1 free lesson per week’s wait or a full refund without any administration charges.

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 respect to the service, either express or implied and all such representations and warranties, including warranties of merchantability, 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 relating to the 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 we have 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.

Privacy

Use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the terms of the Privacy Policy.

Language

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.

Miscellaneous

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. We 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.

Privacy Policy

General

At our company, we know you care about your personal information, so we have prepared this privacy policy (our “Privacy Policy”) to explain how we collect, use and share it. By using or accessing the Service, you agree to the terms of this Privacy Policy. Capitalized terms not defined here have the meanings set forth in the terms and conditions (the “Terms and Conditions”). We may update our Privacy Policy to reflect changes to our information practices. If we do this and the changes are material, we will post a notice that we have made changes to this Privacy Policy on the Website for at least 7 days after the changes are made, and we will indicate the date these terms were last revised at the bottom of the Privacy Policy. Any revisions to this Privacy Policy will become effective the earlier of the end of that 7-day period or the first time you access or use the Service after any such changes.

Information we collect

When you use our service you provide us with two types of information: (i) information you submit via the Service and (ii) information regarding your use of the Service collected by us as you interact with the Service.
When you enter the Website, we collect your browser type and your IP address (a unique address that identifies your computer on the Internet). When you use our mobile application, we collect your device type, your device ID, and your IP address. In addition, we store certain information from your browser using “cookies.” A cookie is a piece of data stored on the user’s computer tied to information about the user. We use session ID cookies to confirm that users are logged in. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you certain features available on the Website (e.g., customized delivery of information).

Through the registration process, you may provide us with your name and email address, hometown, and other information that may be requested during the registration process. When you use the Service, you may submit information and content to your profile, generate Activity Data through engaging in educational activities on the Service, or send messages and otherwise transmit information to other users. We store this information so that we can provide you with the Service and offer personalized features. When you use our Service, you must provide access to your computer’s webcam and microphone. We will use them to record you during the entire lesson (“Lesson Playback”). We store this recording to ensure quality assurance of the teacher ability to teach, training purposes and playback function of the video for students for revision We do not share your personal information with third-parties unless it is necessary to offer the Service or required by law (see below for specifics)

Use of information obtained by our company

We may use your contact information to send you notifications regarding new services offered by our company that we think you may find valuable. Our company may also send you service-related announcements from time to time through the general operation of the Service. Generally, you may opt-out of such emails.

Profile information is used by our company to be presented back to and edited by you when you access the Service and to be presented to other users. In some cases, other users may be able to supplement your profile, including by submitting comments (which can be deleted by you).

Our company may use or share aggregate or anonymous data collected through the Service, including Activity Data, for purposes such as understanding or improving the service.

Sharing your Personally-identifiable information with third parties

We may be required to disclose personally identifiable information in response to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Additionally, we may share account or other personally-identifiable information when we believe it is necessary to comply with the law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Service or using our company name, or to prevent imminent harm. This may include sharing personally-identifiable information with other companies, lawyers, agents or government agencies. If the ownership of all or substantially all the company business, or individual business units or assets owned by our company that are related to the Service, were to change, your personally-identifiable information may be transferred to the new owner. In any such transfer of information, your personally-identifiable information would remain subject to this section.

Updating or deleting your Personally-identifiable information

You have all the right to delete your account with our company by following the instructions available through the Service. After your account is deleted, we will retain aggregate or anonymous data collected through the Service, including Activity Data, which may be used by our company for training and record purposes.

Links

The Service may contain links to other websites. We are not responsible for the privacy practices of other websites. We encourage users to be aware when they leave the Service to read the privacy statements of other websites that collect personally identifiable information. This Privacy Policy applies only to information collected by our company via the Service.

Information Security

Our company has implemented administrative and technical safeguards it believes are sufficient to protect the confidentiality, integrity and availability of your Testing ID, User Photo, access credentials and results. However, we believe that a determined attacker with sufficient resources could defeat those safeguards and may, as a result, gain access to the information we seek to protect.

Do not track

The Service is not designed to respond to “do not track” signals sent by some browsers.

Contact us

To understand more about our Privacy Policy, access your information, or ask questions about our privacy practices or issue a complaint, please contact us at privacy@pplingo.com

Last revised on May 19, 2020