· Before using the Service, users are deemed to have acknowledged and accepted that the help pages and guide pages outside of these Terms and Conditions are also considered to be part of these Terms and Conditions.
· By using the Service, users are deemed to have agreed to these Terms and Conditions. Also, the Company may make amendments to these Terms and Conditions without giving any prior or post notification to the users. Any amendments made to these Terms and Conditions are considered to be applicable from the moment that they are published on the Service. By using the Service after the amendment was made, users are deemed to have agreed to the newly amended terms and conditions.
· The Company may record and save comments, conversations, inquiries, and posted information within the Service as reasonably required for the purpose of managing the Service; and if deemed necessary, the Company may also collect and store images and videos. The Company will use this information to the minimum extent possible, and only for unavoidable reasons encountered as part of the suitable running of the Service. Users are deemed to have agreed to the Company storing and using this information.
Application to Register with the Service:
· Users may apply to register with the Service using a method stipulated separately by the Company. Furthermore, when applying to register with the Service, users shall agree and comply with the following clauses:
- Users shall verify that their communications environment does not hinder their use of the Service.
- Users who are considered as minors shall obtain consent from their legal representative, such as a parent or guardian.
- Users shall use the payment methods stipulated in these Terms and Conditions to pay for the usage fees for the Service.
- People who provide the lessons include full-time and part-time employees of the Company.
- 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 reservations page in order to provide the lessons.
- The Company may use e-mail to send notifications, advertisements, questionnaires, and any other similar information about the Service to the users.
· Registration to use the Service is deemed to have been completed once the Company sends the user a confirmation e-mail to this effect.
· If any of the cases below are applicable to a user, the Company may refuse said user's application to register with the Service, or even cancel their registration should their registration had already been completed.
- If deemed that the applicant does not or may not exist.
- If at the point of application or at some point in the past, through a violation of the membership's terms and conditions, the user has had its account suspended, has been forced to withdraw their membership, or has had their application for membership rejected.
- If the user's application details contain false, incorrect, or incomplete information.
- If at the point of application or at some point in the past, the user has neglected to pay the usage fees for the Service.
- If the payment services company designated by the Company has refused to enter into an agreement with the applicant.
- If the same person may have created multiple accounts.
- Any other behavior deemed as inappropriate by the Company.
· Once registration is complete, users shall be able to start using the Service on the day when the first payment for usage fees has been verified by the Company on the Company's
system. However, this is not applicable to the free trial lesson.
Handling of Registered Information:
· The Company shall use registered information collected from users only for the purposes of providing the Service.
Free Trial Lessons:
· From the day they complete their registration with the Service, users are able to participate in a number of free trial lessons as stipulated separately by the Company.
· Users are under the obligation to adhere to these Terms and Conditions while they are taking the free trial lessons.
· If the Company deems that the same person has registered multiple accounts, has registered multiple accounts for the sole purpose of taking free lessons, 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.
· Lessons run for 25 minutes each. Unless stated otherwise, the duration of the lesson may be not be changed or interrupted for any reason.
· If a user repeatedly misses their lessons without any prior permission, the Company may send the user warnings, requests for improvement, or other similar notifications.
· The Company shall give no compensation or allow users to make up for missed lessons, regardless of their reasons.
· Users can take part in lessons if they have booked the lesson, or the Assigned Teacher giving the lesson, 30 minutes before its scheduled start.
· Once booked, users may cancel a lesson up to 60 minutes before its scheduled start by following the process stipulated separately by the Company on the Service's web page.
· The maximum number of lessons that a user is able to book will vary depending on the user's contract.
· A lesson is deemed to have been successfully booked when the status of the user's booking is reflected on the Website.
· The Company may cancel a user's booked lesson if the Assigned 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 for reasons applicable to this clause.
· Users must not exhibit any of the behaviors stipulated below when taking lessons or making any other use of the Service.
- Taking the right to use the Service and passing it onto other people by way of transfer, use, change of name, or by offering it as pledge or security.
- The transfer, loan, or any other related behavior with regard to passwords, and other information, to third parties, including allowing third parties to use said information.
- Committing a violation against the Company, the Teachers, or any third parties, with regard to their honor, credibility, copyright, patent rights, utility model rights, design rights, trademarks, right of publicity, or privacy.
- Illegal behavior or behavior that goes against the public order and morals.
- Behavior that hinders the operation of the Service.
- Making use of the Service for business or commercial purposes, or for making preparations thereof.
- Behavior that encourages or promotes illegal behavior among other users of the Service or the Teachers.
- Behavior that causes financial or emotional damage or inconvenience to other users of the Service or the Teachers.
- Exhibiting criminal behavior, or any other behavior linked with criminal behavior. (10) Harassing behavior such as sexual harassment towards a Teacher, or any other inappropriate behavior that prevents the progress of a lesson.
- Participating in lessons in a drunken state.
- Behavior that may cause the Teacher to feel anxious or uncomfortable such as excessive exposure of body parts, wearing outfits that expose too many body parts, wearing only underwear, etc.
- Behavior that causes or may cause the disclosure of lesson contents, images, videos, or recordings, without obtaining prior permission from the Company.
- Making inquiries into confidential information that the Company does not disclose as a general rule, such as the employment conditions of the Teachers, the location of the call center, information about their Internet connection, etc.
- Soliciting behavior towards the Teachers with regard to religion, political organizations, multilevel marketing systems, etc.
- Attempting to make personal contact with the Teachers, either directly or via proxy, online or offline, including e-mail communications.
- Approaching the Teachers and encouraging them to consider other services or companies that are in competition with the Company.
- Using abusive language or showing aggressive behavior towards the Company or the Teachers, or exhibiting any other behavior that hinders the operation of the business.
- Allowing people other than the registered person to use their account.
- Registration of multiple accounts.
- Allowing people, other than the registered person of the account, to participate in the lessons without obtaining permission from the Company.
- Any other behavior deemed as inappropriate by the Company.
· The Company shall decide, at its own discretion, whether any of the prohibited behaviors stipulated in the preceding clause have been exhibited by a user. Furthermore, the Company does not have any obligation to provide any explanation with regard to the decision reached as part of this clause.
· The Company shall accept no responsibility whatsoever for any damage or inconvenience suffered by a user as a result of the decision taken based on the preceding clause, unless the Company is found to have been grossly negligent.
Cancellation of Membership:
· Users may request to cancel their membership by a following a separate process stipulated 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 process shall be deemed as complete once the Company has verified the user's request to cancel their membership and sent a cancellation e-mail confirmation back to the user.
· Requests for membership cancellations must be submitted up to the day before the start of the following Usage Month. If the request is not sent within said period, the cancellation shall be effective from the Usage Month after the following Usage Month. 3. Once a user has completed cancellation of their membership, they will completely lose all rights with regard to the Service, and shall be unable to make any claims whatsoever against the Company.
· 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.
· The Company shall send notifications about the Service to the e-mail address registered by the users when signing up as FitsLanguage members. Furthermore, the Company shall deem that said notifications have reached its recipients at the point when the e-mail was sent.
· The Company shall deem that users are always able to receive e-mails from the Company sent to their Designated E-mail Address.
· If users change their e-mail address, they shall register that change as soon as possible. Furthermore, the Company shall accept no responsibility whatsoever for any damage or inconvenience caused to users due to their failure to notify the Company of said change.
Copyright and Ownership:
· The copyright and ownership for the images, pictures, voice recordings, trademarks, logomarks, text, and other material related to the Service all belong to the Company. 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.
Users agree in advance that the Company shall not be responsible for giving any kind of compensation for damages caused by, or caused in relation to, the situations
stipulated below with no fault attributable to the Company:
· If a user cannot make satisfactory use of the Service for the following reasons:
- When a user has been unable to book a lesson at their desired time.
- When a user has been unable to book a lesson with their desired Teacher.
- When a lesson has been forced to stop due to power failures, communication faults, and any other issues experienced within the Republic of the Philippines.
- When illegal access or modification of users' messages or data, or any other form of illegal practice by third parties, has been detected.
· The educational effectiveness, validity, accuracy, authenticity, or any other aspects of the Service, or the lessons provided by the Service.
· The effectiveness, validity, as well as safety and accuracy of services or educational materials provided by other companies, which were introduced or recommended by the Company in relation to the Service.
· If a user has been unable to use the Service due to their own negligence such as the loss or non-usability of a password, etc.
Users agree in advance that the Company shall not provide any guarantee whatsoever with regard to the following clauses:
· The users' ability to book lessons at their desired times.
· The users' ability to book lessons with their desired Teacher.
· The educational effectiveness, validity, accuracy, authenticity, or any other aspects of the lessons provided by the Service.
· The Company's ability to provide the Service without any issues, based on the recommended environment for using the Service.
· The safety of the software, files, and any other components used in the Service or in relation to the Service.