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Terms of use

Terms of use

 

Welcome to Pedingo.com, an online platform designed to provide language tutoring to children ages 5-15 years old. This agreement (the “Agreement”) represents the entire contract between you and Pedingo Limited (“Pedingo”).

By visiting, becoming a customer of subscribing to Pedingo, you agree, without qualification, to be bound by the terms and conditions (the “Terms”) of use set out below.

  1. Acceptance of the Terms
  2. Provision of the Services
  3. Your Rights
  4. Conditions of use
  5. Equipment
  6. Intellectual Property Rights
  7. Fees
  8. Billing policies
  9. Free trial
  10. Indemnification
  11. Miscellaneous
      1. Acceptance of the terms

      By using the information, tools, features and functionality located on Pedingo.com (together the “Service” or the “Services”), you agree to be bound by this Agreement and the Terms, whether you are a “Visitor” (which means that you simply browse the Pedingo website) or you are a “Customer” (which means that you have registered with Pedingo). For the purposes of these Terms of Service, “you” means a parent or guardian of the student who accesses or uses the Services. If you are a parent, guardian, or other person who enables a child to access the Services, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

 The term “Material” refers to all class materials used in our classes. If you wish to become a Customer, communicate with other Customers and/or make use of the Service, you must read this Agreement and indicate your acceptance during the registration process.

If you do not agree with all the Terms, do not use the Site.

Please review all of the Terms carefully before using the Site.

Before you continue, you should print or save a local copy of this Agreement for your records.

  1. Provision of the Services

In providing the Services, we do not actively monitor the display, transmission and exchange of Material that is accessible by means of the Services, nor do we maintain any obligation to do so except as otherwise determined by us or required by the laws of applicable jurisdictions. However, subject to the terms of our Privacy and Security Policy, we reserve the right to monitor the Services for purposes of determining that their usage is in compliance with these Terms and applicable laws. In addition, and as described elsewhere in these Terms, we maintain an absolute and unconditional right to review and remove Material accessible by or transmitted through the Services that, in our sole discretion, we believe is in violation of the law of these Terms or is unacceptable to us in our sole discretion.

From time to time and without prior notice to you, we may change, expand and improve the Site and Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of the Site. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site and Services do not entitle you to the continued provision or availability of the Site and Services.

  1. Your Rights

Pedingo offers you a non-transferable, non-exclusive, limited right to access, use and display the content of this Site, provided that you comply with this Agreement and the Terms as set out in full. The materials of this Site are provided to you only for your private, non-commercial use. Certain services of this Site are available only to registered customers of Pedingo.

By electing to purchase a subscription or register for a trial of Pedingo, you agree to be bound by the terms and conditions set out below in section 8 in the Pedingo billing policy.

 

4.Conditions of use

Recorded Sessions and Feedback: You agree that we may record all or any part of any tutoring session scheduled through the Services (including voice chat communications) for quality control and other purposes (“Session Recordings”). You agree that you are responsible for supervision of the student during all sessions, whether or not recorded, including any and all information shared by the student. Your student should never share any information he or she may be uncomfortable sharing. If we record a tutoring session, we will make that session available for you to view through the Services for up to fourteen (14) days after such session ends. Pedingo may, but shall have no obligation to store Session Recordings thereafter. We reserve the right to review these Session Recordings for any purpose. Pedingo may use excerpts from Session Recordings for the purpose of training Pedingo tutors.  Pedingo will not use any Session Recording information publically that identifies you or the student without your express written permission.

Notwithstanding anything to the contrary above, you agree that we own all content associated with Session Recordings (including, but not limited to transcripts and recordings) and all comments that you may provide to us on or through the site, the Services or any other means, such as a part of user satisfaction or other similar surveys (“Feedback”), and that these Terms shall be deemed an irrevocable assignment of all such Session Recordings and Feedback, each portion thereof and all intellectual property rights therein to us.

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or that may be provided through Session Recordings, Feedback, email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Pedingo. Pedingo reserves the right to investigate and take appropriate legal action against anyone who, in Pedingo’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Pedingo, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Pedingo or its users to any harm or liability of any type;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  • violate any applicable local, state, national or international law, or any regulations having the force of law;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • solicit personal information from anyone under the age of 18;
  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or
  • recruit, solicit, or contact in any form tutors for the purpose of employment or contracting for a business not affiliated with us without our advance written permission.
  1. Equipment

You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, webcams, audio capability, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services.

 

  1. Intellectual Property Rights

All materials of Pedingo, including content, text, images, software, audio and video files, documentation, Email English and the Site remain at all time the sole property of Pedingo or its suppliers. Such aforementioned materials are protected under international copyright, trademark and other intellectual property laws. You may not post, distribute, sublicense, translate or reproduce in any way any copyrighted materials, trademarks or other proprietary information without the prior express written consent of Pedingo.

  1. Fees

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Pedingo information regarding your credit card or other payment instrument. You represent and warrant to Pedingo that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Pedingo the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service.

We reserve the right to change Pedingo’s prices or session lengths. If Pedingo does change prices or session lengths, Pedingo will provide notice of the change on the Site or in email to you, at Pedingo’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

By purchasing a Package, you agree to be bound to the following terms:

  1. Billing Policies

Pedingo fees are exclusive of any applicable VAT or taxes, interest or installment fees charged by the credit card company, or other fees associated with connecting to the Internet.

Pedingo guarantees that every credit card/ mobile money transaction you make at Pedingo is 100% secure.

Your language course contains teacher-led classes. Group classes and private classes are delivered on a monthly, giving you access to the stated amount of group classes and private classes that your language course offers. You can always find current prices of language courses posted in the checkout pages and occasionally in other pages of our website.

All language course fees are recurring and non-refundable after your purchase. If you do not cancel your language course before the end of the stated course time, you agree to the automatic extension of your language course for the same time and the same terms. If you do not wish to continue your language course, you have to deactivate your account in the “My Account” page in your login area or give us written (email) notice.

An exception to the prior paragraph is our 7-day money-back guarantee when stated explicitly on the checkout page. Within 7 days after the purchase of your first month’s subscription, you have the right to cancel your language course and receive your full money back, by writing a request to make use of this 7-day-money back guarantee by written (email) notice. This 7-day money-back guarantee does not apply to any trial packages or subsequent subscriptions.

In addition to the classes included in your language course, you can purchase additional classes. These classes give you the right to take more teacher-led classes. Additional classes, whether group or private, those sessions are delivered on a monthly basis, this means that if you haven’t used those sessions by the end of one month after purchasing the class package, those unused sessions are lost to you and will not be refunded.

  1. Free trial

Free trial packages are available only to first-time users..

  1. Indemnification

You agree to indemnify, defend and hold harmless Pedingo and its affiliates, partners, suppliers, and employees from any and all liability, claims, costs, or damages arising from your use of the Site or your breach of this Agreement and any of the Terms set out herein.

  1. Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceableby any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Pedingo does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Pedingo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Pedingo’s rights and that those rights or remedies will still be available to Pedingo.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and Pedingo regarding the subject matter of the same, and supersedes all other previous agreements.

If you have any questions about this policy statement, or about any of Pedingo’s other policies and practices, please contact us on the contact details laid out on Pedingo.com.