Terms & Conditions:

Last Updated 16 May 2018

Welcome to Lingoci.com, the website and online service of Lingoci PTE LTD (hereinafter: “Lingoci”, “we” or “us”). This page explains the terms by which you may use our online services, software and website, provided on or in connection with the service (collectively the “Service”). By accessing or using the Services, you signify that you have read, understood, and agreed to be bound by these Terms and Conditions (“Terms”) and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”, “Teachers”, “Students” or “you”).

We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date shown above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service. If any clause or part of this Agreement is considered invalid by any court or arbitrator, this does not mean that the whole Agreement will be judged invalid.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Contents

1. Provision of the Service
2. Payment & Refunds
3. Booking Policies & Resolving Disputes
4. Managing Your Information
5. Technical Requirements
6. Free Trial Session
7. Teacher Specific Terms
8. Controlling Law and Jurisdiction
9. Arbitration
10. Limitation of Liability
11. Indemnification
12. Intellectual Property Rights
13. Links
14. Notices

1. Provision of the Service.

Who can use our Services: You may use our Services only if you can form a binding contract with Lingoci, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms. Users between the ages of 13 and 18 must obtain written permission from a parent or legal guardian. Your right to use our Services is personal to you and is not transferable by you to any other person or entity. Lingoci reserves the right to terminate your use of its services, for example if you demonstrate abusive or inappropriate behaviour towards another User.

Lingoci provides an online venue for language learning where Users, both Students and Teachers can collaborate with each other and take advantage of the services (collectively, the “Services”). The Services provided are as follows:

Connection Services. Upon acceptance to the Site, Lingoci allows Teachers to advertise their services to Students. Students are able to browse Teacher profiles and engage Teachers for the purposes of language learning. Students and Teachers are able to coordinate lesson bookings via our software. In providing the Connection Services, Lingoci only provides the venue for Students and Teachers to find and contract with each other.

Payment Services. Lingoci provides Payment Services to Users. Students are able to purchase lesson credits, which they can then apply in the booking system in order to schedule lessons with Teachers. Teachers are able to receive payment for lessons given. Lingoci provides the Service of sending lesson earnings to Teachers, typically once per month. Lingoci also provides assistance with disputes between Students and Teachers. Payment Services does not mean Connection Services.

THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE TEACHERS AND STUDENTS CONNECTING AND BOOKING LESSONS DIRECTLY WITH EACH OTHER. LINGOCI IS ONLY RESPONSIBLE FOR PROVIDING THE AFOREMENTIONED CONNECTION AND PAYMENT SERVICES. LINGOCI IS NOT RESPONSIBLE FOR THE METHODS, MATERIALS, ONLINE DELIVERY TOOLS AND ALL ASPECTS OF THE LESSONS/TEACHING SERVICES. LINGOCI IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LESSONS. ACCORDINGLY, ANY PAYMENT SERVICES WILL BE MADE OR ACCEPTED AT THE USER’S OWN RISK. LINGOCI HAS NO CONTROL OVER THE CONDUCT OF ITS USERS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. LINGOCI HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, AVAILABILITY, SAFETY OR LEGALITY OF TEACHING SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF LISTINGS, THE QUALIFICATIONS, BACKGROUND, OR ABILITIES OF TEACHERS, THE ABILITY OF TEACHERS TO DELIVER TEACHING SERVICES OR THE ABILITY OF STUDENTS TO PAY FOR TEACHING SERVICES.

 

2. Payment & Refunds.

Students can choose to purchase lesson credits using Euros, US Dollars or British Pounds. As stated elsewhere on the website, lesson credits are valid for 12 months from the day of purchase. Lesson credits can be applied in the booking system for the purpose of scheduling lessons. Lesson credits are purchased for one language only and cannot be transferred from one language to another, except at Lingoci’s discretion. All prices stated exclude any additional charges such as fees, taxes or interest charged by the Student’s bank or credit card company. These charges are the sole responsibility of the Student. The prices stated also do not include any costs associated with connecting to the internet.

Students are able to receive a refund to the value of their remaining lesson credits if they contact Lingoci’s support team (support@lingoci.com) to request their refund within 28 days of their initial purchase. The refunded amount will equal the value of the remaining lesson credits in the chosen purchase currency.

 

3. Booking Policies & Resolving Disputes.

A lesson can be cancelled or rescheduled by the Student if at least 24 hours are remaining until it is due to begin. The Student must reschedule/cancel the lesson via the booking system. If they cannot see how to do this, they should consult the instructions found on the Site’s FAQs page. When there are less than 24 hours remaining until the lesson is due to begin, the Student does NOT have the right to cancel or reschedule and the lesson credit will be lost. This policy exists for the protection of Teacher’s working conditions. Teachers are able to make exceptions if they wish, however they are under no obligation to do so.

If the Student misses their lesson, they will not be able to reschedule or cancel it and their lesson credit will be lost. Lessons scheduled during local holidays will not be cancelled automatically – it is the responsibility of the Student to make any necessary changes to their bookings.

If there is a dispute between Student and Teacher, Lingoci will gather all records of communication available in order to determine how to adjudicate the dispute. Lingoci shall have the right to transfer credits, offer a refund, or reverse a transaction. Lingoci shall also have the right to designate who shall bear the expenses resulting from any such actions.

 

4. Managing Your Information.

It is the sole responsibility of each User to ensure that all personal details (e.g. contact details, payment details) are up to date and accurate at all times. By accepting these Terms, you hereby release Lingoci from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to inaccurate personal information being held on the site or being supplied to Lingoci staff. You are also responsible for safeguarding your account password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Lingoci account, whether or not you have authorised such activities or actions. You will immediately notify Lingoci’s support team of any unauthorised use of your account or lesson credits.

 

5. Technical Requirements.

The Student is responsible for ensuring they have 1) a sufficiently fast and reliable internet connection and 2) the necessary software and hardware for learning via Lingoci. This includes a Skype account and the necessary audio equipment. If a lesson is disrupted or cannot go ahead as a result of technical issues from the Student’s side, the Teacher has the right to charge for the lesson. If the Teacher has technical issues, the lesson must be cancelled in the system so that the Student’s credit is not used.

 

6. Free Trial Session.

New Students are permitted to take a “Free Trial Session”. This session is only available to first time students, and is limited to one session per Student. The trial session lasts approximately 30 minutes. After taking this session, the Student can decide, without commitment or obligation of making a purchase, whether to proceed with purchasing lesson credits.

7. Teacher Specific Terms.

If you are accepted as a Teacher on the platform, your User status will be changed to “Teacher”. Lingoci does not have the right to control how you teach or how you set your schedule. You will be able to display your profile and create an introduction video for Students to watch. You will provide information you want displayed on your profile, which we will then be added to the site. You have the right to request changes to your profile at any point  (though the profile must be accurate and must still fit our standard profile format). You agree:

• To ensure that the information provided is accurate and not misleading.
• To maintain the privacy of Students and not solicit any personally identifiable information.
• Not to use content that violates copyright.

You are also expected to perform in a manner that results in a high level of Student satisfaction. You are in breach of the Terms if you:

• Fail to deliver any lessons for which payment was accepted.
• Fail to take reasonable efforts to resolve a dispute with a Student.
• Create unacceptable levels of Student dissatisfaction.

We reserve the right to suspend teachers from working via Lingoci.com at any time.

IF YOU CHOOSE TO TEACH VIA LINGOCI.COM, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH LINGOCI IS LIMITED TO BEING AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF LINGOCI FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF LINGOCI. YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF LINGOCI, INCLUDING BY INAPPROPRIATELY USING ANY LINGOCI INTELLECTUAL PROPERTY.

As an independent contractor, you understand that you are solely responsible for determining your applicable Tax reporting requirements and obligations relating to applicable Taxes for your services. You are also solely responsible for remitting these Taxes to the relevant authorities. Lingoci cannot and does not offer Tax-related advice to Users.

 

8. Controlling Law and Jurisdiction.

These Terms are governed in all respects by the laws of Singapore. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws. You agree that any claim or dispute you may have against Lingoci must be resolved by a court located in Singapore, or as described in the Arbitration Term below. You hereby submit to the personal jurisdiction of the courts located within Singapore for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.

 

9. Arbitration.

We want to address any issues you have without needing a formal legal case. Before filing a claim against Lingoci, you agree to try to resolve the dispute informally by contacting support@lingoci.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Lingoci may bring a formal proceeding.

Judicial forum for disputes. You and Lingoci agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of Singapore, subject to the mandatory arbitration provisions below. Both you and Lingoci consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

We Both Agree To Arbitrate. You and Lingoci agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by confirming this via email to support@lingoci.com within 30 days of first using our Services.

Exceptions to Agreement to Arbitrate. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the courts in Singapore to resolve your claim.

NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.

 

10. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LINGOCI, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL LINGOCI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LINGOCI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

 

11. Indemnification.

You agree to indemnify, defend and hold harmless Lingoci from any and all liability, claims, costs, or damages arising from your use of lingoci.com or your breach of this Agreement and any of the Terms set out herein.

 

12. Intellectual Property Rights.

All of Lingoci’s materials, including website content, articles, images, and audio and video files remain at all time the sole property of Lingoci. 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 Lingoci.

 

13. Links.

The Site may contain links to third-party websites. You acknowledge and agree that Lingoci is not responsible or liable for: (I) the availability or accuracy of such websites or resources; or (II) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Lingoci of such websites or their resources. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such websites.

 

14. Notices.

By providing Lingoci your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You agree that these electronic communications satisfy any legal requirement that such communications be in writing. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such emails, you may unsubscribe from the email list.

 

If you have any questions and/or concerns about this Agreement or any of the policies of Lingoci, please contact us at support@lingoci.com.

Privacy Policy:

1. Acknowledgment and Acceptance of Terms.

Lingoci is committed to protecting your privacy. This Privacy Policy sets forth our current privacy practices with regard to the information we collect when you interact with Lingoci.com. By accessing our website, you are consenting to the way information is collected and used, as described within this Privacy Policy.

 

2. Third Party Websites.

Related services and offerings with links from this website, including all other websites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Lingoci is not responsible for the privacy practices or contents of third-party websites. We recommend and encourage that you always review the privacy policies of third parties before you provide any personal information or complete any transaction with such parties.

 

3. Information We Collect, How We Use It & Why.

When a user signs up for a free trial session, we are required to request and store the user’s email address and other relevant information. This is because the user needs to receive email communications regarding the trial session and the tutor needs to know certain things in order to provide the service. The information required at this stage is: Name, email, age range, estimated language level and motivation. The user can also optionally provide their phone number and Skype ID to improve communication and receive session reminders. If the user opts to take lessons without a trial session, the only information required is email and full name.

We store the data mentioned above for the purposes of 1) enabling lessons and trial sessions to be scheduled, 2) allowing tutors to be able to provide their services, and 3) enabling our support team to ably deal with any issues. The data is stored within third party software systems (Zoho CRM, Mailchimp, Acuity Scheduling), which use the latest security technology and are compliant with the GDPR.

If you wish to gain access to any information kept or for us to remove your information from our systems, you can contact us at support@lingoci.com. We will respond to your request within 7 days.

After users sign up for a trial session, they may receive emails regarding their request. Users may also receive occasional emails regarding updates and special offers. You can opt out of receiving emails by clicking the unsubscribe link in emails received.

We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:

To protect ourselves from liability.
To respond to legal process or comply with law, or in connection with a merger, acquisition, or liquidation of the company.

When you visit Lingoci.com, we may track browsing activity and later analyse it for the purpose of better serving our users. We use third party cookies to run Google Analytics Demographics and Interest Reporting. These cookies gather website visitor data (such as age and gender) that we use to optimise our website content and marketing. They do not collect any personally identifiable information. You can use this add-on to prevent Google Analytics from accessing information about your online activity.

We use remarketing tracking to log when users view specific pages or take specific actions on Lingoci.com. This is common practice and allows us to advertise to past users when they are browsing other websites. If you do not wish to receive Google or Facebook advertising, you can opt out of each using the following links: You can change your Facebook advertising settings here. Find out how to opt out of Google advertising here.

 

 

4. Changes to This Statement.

Lingoci has the discretion to occasionally update this privacy statement. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect.

 

5. Contacting Us.

If you have questions regarding our Privacy Policy, please contact us.