• Company name : VivaLing Pte. Ltd.
• Registered office : 67 Ayer Rajah Crescent #02-10/17 – SINGAPORE 139950 Singapore
• Registration number : Singapore, 201331518W
• E-mail address : support@vivaling.com

For more information : Legal notice

• • • Create up to 4 learner profiles and 4 different language paths
    • Get a selection of Coaches and consult their profiles
    • Book, cancel or modify Sessions with the Coach of his choice
    • Directly reach the Coach’s room in one click, at the time of the Session
    • Consult the list of upcoming Sessions or past Sessions
    • View reports and videos of past Sessions
    • Top up your account with different Payment Formulas

Contract: refers to the contract concluded between the Service Provider and the User concerning the use of the Services.

Credits : refers to the various operations carried out on a User Account: amounts credited or debited following a reservation, cancellation, refund, use of a promo code or sponsorship… This history can be consulted on the User Account: menu “My Account” / “Credit History”.

Payments: refers to the various purchases made by the User, in the form of Payment Formulas. This history can be consulted on the User Account, menu: “My Account” / “Order History”.

Language Courses: refers to the space where the Learner chooses the language he wishes to learn, his level, his objectives and his availability. This gives him access to a selection of 2 adapted Coaches with whom he can book Sessions. A Profile is essential to be able to create a language path.

Platform: refers to a special environment developed and maintained by VivaLing, available at the addresses: https://abc.vivaling.com/ and https://vivaling.com/fr/stages/, designed for interaction between Coaches and Users, and where Users can access sessions.

Electronic Security Policy: refers to VivaLing’s policy aimed at providing a safe, secure and supportive environment for Learners. The Electronic Security Policy is an integral part of these T&Cs.

Teacher: Refers to a native speaker who is in a contractual relationship with VivaLing and who teaches a Language to VivaLing Learners via the Platforms.

Profile: refers to the space where the learner identifies himself with his surname, first name, date of birth and interests. A Profile is essential to be able to create a Language Course.

Services: refers to all services provided by VivaLing accessible from the Websites, Platforms and Application.

Session: refers to an online language course reserved for a learner, by videoconference, with a Coach.

Group Session: refers to Session in one of the Languages offered by VivaLing, on a given theme, by videoconference, over a defined period, in group of Learners from all over the world.

Duo session: refers to an online language course booked from a User Account, for two learners from the same User Account, from a common Language Course, by videoconference, with a Coach. 

Website: means the Websites available at the addresses: https://vivaling.com/en/ and https://business.vivaling.com/en/ operated by VivaLing and all subdomains thereof through which VivaLing provides the Services, including the Platform.

Camp: refers to Sessions, in one of the Languages offered by VivaLing, on a given theme, by videoconference, over a defined period, in individual or duo sessions.

User: refers to any natural person who uses any kind of services or products provided by VivaLing or such natural person who enters into a legal relationship with the Service Provider for the provision of the Services in accordance with the stipulations of these T&Cs.

The User may request at any time to modify or complete the information provided during the creation of his Language Courses by clicking on the “Modify” button from the Language Courses concerned. It should be noted that in some cases, the proposed selection of Coaches may be affected.

To modify the information provided while keeping his selection of Coaches, the User is invited to contact support@vivaling.com.

The creation of a Language Courses in a language for a Learner is carried out only once by the User. In case of subsequent access to the Platform, this step is no longer necessary. 

Selection and choice of Coaches

Once a Language Course has been created, the User has access to a selection of one to two Coaches adapted to the Learner’s age, level, objectives and availability.

The User can consult the profile sheet of each proposed Coach by clicking on “Read details” next to his photo. A video presentation of the Coach is also available in this same Sheet.

The User can consult the availability of a Coach from the next 24 hours and over several weeks by accessing his agenda by clicking on the “Book” button to the right of his photo.

The User can consult a new selection of Coaches by clicking on the “Edit” button of the Language Course of the Learner concerned. It should be noted that the previously proposed Coach(es) may be replaced by a new selection and will then no longer be accessible.

If the proposed selection of Coaches is not suitable, or if the User has a specific request, he can write to support@vivaling.com, giving reasons for his request, so that the Support Service manually proceeds to a new selection.

VivaLing may replace or offer to replace a Coach at its sole discretion, in the event of the Coach’s departure, long-term leave or change of schedule. VivaLing will inform the User without delay and will propose a new selection of Coach(es) if necessary.

Session booking

To book a Session, User must ensure that he has previously topped up his User account with a Payment Formula.

Once this is done he must access the agenda of the Coach he has chosen, select a free slot (in white) and choose the desired duration of Session (15, 25, 40 or 55 minutes).

The User can choose to book Sessions in advance, over several weeks using the “Repeat” option.

After each booking, a confirmation email with the link to connect to the Coach’s room on the day, is sent to the User.

6. THE SERVICES

Under these T&Cs, VivaLing undertakes to provide the User with access to the Platform (including Sessions), in accordance with the functionalities and content of the Payment Formulas specified in these T&Cs.

The Platform 

        Material – recommendations

The Platform allows Users to access their User Account and Sessions. 

In order to be able to participate in the Sessions and guarantee the best possible experience, the User must ensure that he has the tools listed below and that their configurations correspond at least to those recommended below:

• Devices: Computer, tablet or mobile phone equipped with a working microphone and camera (internal or external). In order to participate in the Courses, the User must authorize access to the microphone and camera on his device.
• Internet connection: The User must have Internet access of at least 0.6 Mbps (or 600 Kbp) uploading / downloading (recommended for a high-quality video), which he must obtain independently and at his own expense. To check the quality of his internet connection, the User can first carry out a connection test (for example on speedtest.net).
• Operating system: Refer to the T&Cs of the VivaLing Application and to Zoom System Requirements
• Browser version: Refer to Zoom System Requirements
• RAM: Refer to Zoom System Requirements
• Processor: Refer to Zoom System Requirements

VivaLing cannot be held responsible for the impossibility of providing the Sessions, or their poor quality, due to improper operation of the software, hardware or Internet access required by the User. 

The User is thus required to ensure in particular the regular update of the tools listed above as well as the Zoom and/or VivaLing Applications if he uses them.The Platform uses the Zoom video-conferencing system that the User is also invited to test before joining his first Session.

Session Videos

The User acknowledges and accepts that VivaLing records a video of the Sessions for the purpose of, controlling the quality of the Services provided by VivaLing, allowing the Learner and the User to review and revise a Course, to resolve any complaints of the User, to contribute to the training of new Coaches. Session videos are stored on a platform with secure access.

Therefore, the User agrees that specific video recordings may be submitted to the Coach, VivaLing, state authorities or courts, subject to the legal grounds for such submission.

On request, the User may ask that  the videos of a Learner be deleted if he decides to stop his learning. 

Session content and videos are the property of VivaLing and are protected by the laws of Singapore and international copyright laws. Video recordings of a User may be made available to that User or group of Users listed on the recording, until the Services are exhausted. In addition, VivaLing will not publicly display, use, perform or distribute any of its contents, containing video recordings of its Users, without having their prior explicit consent or without having done what is necessary to preserve their anonymity.

The Application

The Application available to the User in the Webstores is developed by VivaLing. The Application allows Users to:

• • • Create learner profiles and language courses
    • Directly reach the Coach’s room in one click, at the time of the Session
    • Book and cancel Sessions
    • Consult the list of upcoming Sessions or past Sessions
    • View reports and videos of past Sessions
    • Receive Session reminders through notifications

Once the User has downloaded the Application from one of the Webstores, he can log in to the Application with the email and password of his User Account.

Sessions

Start and duration of Sessions

The Session begins and ends at the times set out in the Coach’s agenda. The date, duration and time of the Sessions are also available in the booking confirmation email and in the Session reminder emails sent 48 and 1 hour before the start of the Session. The User can also ensure the date, duration and time of his next Sessions, from his User Account, in the “Upcoming Sessions” section.

If the User or the Coach encounters technical issues during the Session, for example if they lose their Internet connection and are disconnected, they can reconnect to the Session until the originally scheduled end time.

Join the Coach’s Room

The User has the possibility to join the virtual classroom of his Coach for his Session in several ways:

• • • From his User Account, on the Platform, by clicking on the “Join” button in the “Upcoming Sessions” section, next to the Session concerned,
    • From his User Account, in the VivaLing Application, by clicking on the “Join” button in the “Upcoming Sessions” section, next to the Session concerned,
    • From the Zoom Application, by clicking on the “Join” option on the home page and entering the “Meeting ID” of the Coach which is indicated on the User Account, next to the coach’s name, in the “Language Course” of the learner concerned,
    • From the reminder email of the Session concerned, by clicking on the Zoom link provided.

Sessions take place in total immersion in the chosen foreign language, unless the User or Learner encounters technical issues.

During the Sessions, the Learner and the User must comply with the Service Provider’s Electronic Security Policy. The video of each Session is recorded by the Service Provider in accordance with the Policy and can therefore be viewed again by the User and/or learner to review the learning from one Session to another.  

At the end of each Session, the User will receive, by email, the session report with the video recording of said session no later than 48 hours, working days, of completion of the session. This report contains the topics covered, activities for further study and possibly homework for the next Learner Session.

At the end of the Session, the Coach will close his virtual meeting room, otherwise the Learner or User can click on the “Leave” button at the bottom right of the screen.

Session modification

        Session Cancellation

The User may voluntarily or not cancel a Session and receive a full refund, if the cancellation is made no later than twenty-four (24) hours before the start time of the Session concerned or if this cancellation is due to a compelling reason upon presentation of proof. After this time, the User will not be reimbursed for the Session.

The Coach has the possibility to cancel or postpone Sessions. The User will be informed in advance by the Coach or VivaLing, unless exceptionally impossible.

In the event of a cancellation of Session by the Coach within 24 hours of the Session, it will be refunded to the User Account within two working days.

In the event of a cancellation of Session by the Coach more than 24 hours before the Session, it will be automatically refunded to the User Account at the time of its cancellation. 

        Session postponement (Cancellation and rescheduling)

The User may freely postpone a Session and receive a full refund if the cancellation of the Session, with a view to its postponement, is made no later than twenty-four (24) hours before the start time of the Session in question. After this time, the User will not be refunded for the Session.

        Transfer to another Learner

Given the personalization of the teaching provided by VivaLing, a Session may be transferred, within a reasonable time, from one Learner to another within the same User Account.

If a Session could not be carried out by a Learner it must be canceled according to the modalities described in paragraph “Cancellation of Session by the User”.

Delay, Shortened Sessions

If the Learner is absent from a Session at its start time, the Coach will send a Session reminder email to the User within minutes of the start of the Session. The Coach will wait for the Learner for the entire scheduled duration of the Session. 

If the Learner does not join the Session within this period, this Session will be considered as having taken place and cannot be refunded to the User Account.

If the Learner joins the Session after its start time, the Coach is not required to extend the Session to recover the missing minutes, after the end time of the Session initially scheduled.

A Session shortened by a Coach (started late or ended before its originally scheduled time) will be subject to a recovery of the missing minutes. These missing minutes will be recovered, at the end of the Session or subsequent Sessions depending on the availability of the Learner and the Coach.

Communication

Communications between the User and the Service Provider and the User and the Coach concerning the courses are carried out exclusively by email.

VivaLing confirms the booking of Sessions, upcoming Sessions and other events through an email sent to the email address provided by the User when registering. Due to the nature of these communications, VivaLing cannot be held responsible for the deliverability of these messages.

The User has the possibility to contact his Coach directly by writing to his email address permanently available on his User Account, under the first name of the Coach.

Payment Formulas

In order to access the Services available on the Platform, the User must choose and use a Payment Formula from the various Payment Formulas mentioned below:

• • • Referral Session: means a free 25-minute session credited using a referral code at the time of registration.
    • 25 mins Session: refers to the Payment Formula allowing you to recharge your Account with a free 25 minute session using a coupon code. 
    • Choose your amount: refers to the Payment Formula that allows you to top up your User Account with the amount of your choice. 
    • Pack: refers to the Payment Formula to recharge your User Account with an amount equivalent to several Sessions. This “prize pool” is debited each time you book a Session. Some Packs allow you to benefit from a bonus, namely an additional amount that can be credited to a User’s account once the purchase of the Pack has been completed. Any Bonuses offered on the packs are specified on the pricing page, “Our packs” tab of the Website.
    • Gift Card or Gift Voucher : refers to the Payment Formula to recharge your User Account with a gift card (a coupon code) received from a third party. This Payment Formula is available from the Site https://https://vivaling.com/en/ “Rates” menu “Gift Voucher” and can be used on the https://abc.vivaling.com/ site.

The current prices of the different Payment Formulas are available on the Rates page of the Website.

Account Balance

Once the User Account has been credited with a Payment Formula, the amount available to book Sessions will appear on the User Account with the mention “Account Balance”. This Balance will be debited each time a Session is booked by the User. The Account Balance can be used to book Sessions in all languages, for any member of the User Account. The number of Sessions that can be booked with the User Account Balance depends on the duration of the Sessions booked. The price of the Sessions, according to their duration, is available on the Rates page, tab “Individual sessions”.  

The User agrees that if the Balance of his Account is not used within twelve (12) months of his purchase or the credit of a Payment Formula, the planned Service is considered to be provided in its entirety, and the Company has no obligation to refund the Account Balance to the User. If applicable, the User’s Account Balance becomes zero.

Any Credit Plan purchased or credited to a User’s Account, prior to the publication of these T&Cs, dated 1 December 2023, has an unlimited date of use.

The User may detete his VivaLing account in accordance with the provisions of the T&Cs; however, there are no refunds for deletion. To the fullest extent permitted by law, refunds (if any) are at our discretion. 

Referral

The User can be offered credit and Sessions by sponsoring members of his entourage through his referral code and his unique referral link available from his User Account. A User may not use his own referral code to refer members of his User Account. Terms and Conditions available on the Referral Program page.

Promotions and discounts

VivaLing has the right to grant discounts (hereinafter, “Discounts”) and special offers of purchase and promotion (hereinafter, “Promotions”) to Users on fixed dates and for fixed periods at VivaLing’s sole discretion. The availability and conditions of Discounts and Promotions will be indicated by the Service Provider on the Website, on the Platform or through Newsletters, to inform the User. The Service Provider has the right to introduce, terminate and modify the conditions of the Discounts and Promotions at its sole discretion and such modification will be indicated without delay on the Website or platform to inform users.

VivaLing may also provide certain coupon/discount codes (hereinafter, “Coupon Codes”), which can be used only once by Users and for a limited period of time. Coupon Codes allow you to benefit from a percentage discount, or a certain amount of money, deducted from the total price of the Payment Formulas indicated on the Website. 

Payment methods

Users can top up their account with their credit card :

        Bank card

The User may choose to pay for his purchases by credit card. This operation is carried out in a secure environment via the Stripe platform.

The following types of credit cards are accepted:

• • • VISA
    • Mastercard
    • Maestro
    • American Express
    • China UnionPay
    • Link
    • Discover
    • JCB
    • Diners Club
    • UnionPay
    • EnRoute…

No banking information about you passes through our site, so your payment by credit card is perfectly secure – encryption system of the SSL protocol (Secure Socket Layer).

Issuing invoices

VivaLing will only issue an electronic invoice after the User’s Payment. The electronic invoice will then be sent to the email address provided by the User during registration or in his User Account.

Refunds and Balance Transfer

If a Learner no longer wishes to continue his learning, and therefore use the Balance of his User Account, the User has several choices under the T&Cs:

• Use the remaining Balance for any other member of their User Account (adult or child), in any language offered.
• Request the Transfer of his User Account Balance to friends, colleagues or people he knows who have a VivaLing account. This balance transfer will be made at no additional cost.

To do this, the User must send a request to support@vivaling.com from the User’s mailbox linked to the User’s VivaLing Account by specifying the contact details, surname, first name and email address of the VivaLing User Account to be credited.

In parallel, the User of the account to be credited must also send an email to support@vivaling.com, from the User’s mailbox linked to the User’s VivaLing Account, specifying the contact details, surname, first name and email address of the VivaLing User Account offering him his User Account Balance.

• Request a refund of User Account Balance.

To do this, the User’s refund request must reach VivaLing, at the latest, within 30 days of purchasing the Payment Formula.

The amount to be refunded is determined according to the Account Balance on the User’s Account following the purchase of this Payment Formula; deduction of the advantages offered to the User at the time of this purchase; namely any bonuses, discounts, promotional offers or coupon code. 

The User will be refunded at the maximum of the total price he paid at the time of purchase of his Payment Formula.

After VivaLing’s decision to proceed with the refund, VivaLing will proceed with the refund within five (5) business days. The User will receive the refund to the bank account from which he made the Payment.

8.09 The User acknowledges that due to unlawful conduct or any other behavior violating these T&Cs or any other document published by the Service Provider, the User will be banned from the Services and the credit of the account already paid by the User will not be recoverable.

8.10 The User agrees to defend, hold harmless, and indemnify VivaLing and its respective subsidiaries, affiliates, officers, staff, coaches, learners, fellows, agents and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to his use of the VivaLing Services, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, VivaLing or the applicable VivaLing affiliates, staff, agent or attorney will provide written notice of such claim, suit, or action.

8.11 If a coaching relationship with a learner’s family or a learner was initiated within VivaLing or by the performance of our Contract, neither the coach nor the learner shall continue it or attempt to continue it outside of VivaLing before at least two years have elapsed after (1) the last coaching session with that family or learner, and (2) the Coach has notified VivaLing in writing that they were putting an end to the Contract. Neither Coaches nor family/learner are allowed to suggest meeting offline or using another website distinct from VivaLing. Where a Coach makes an attempt to convince a family or learner to continue a coaching relationship by breaching this Contract, VivaLing shall be entitled to refuse to pay compensation and fees and ask the Coach to pay liquidated damages. Families/learners agree to report any violations or breaches of this clause immediately by contacting us by email at contact@vivaling.com.

9.3 The messaging services, chat, wall, comments section and other community areas are intended for the exchange and discussion of content that must comply with the T&Cs. Any contributions not complying with the T&Cs may be deleted and may even be notified to the authorities.

9.4 In the “Learners” and “Language Courses” areas of the User Account, the User may delete messages and/or inform VivaLing of any contribution that does not relate to the relevant topic or editorial line and/or contravenes the laws and regulations in force and thus constitutes a criminal offense (e.g. attempts to justify crimes against humanity, incitement of racial hatred, child pornography and proselytizing). This option may be exercised by sending an email to contact@vivaling.com.

10.4 If the Service Provider identifies, becomes aware, or if the possibility exists that the User has registered and/or uses the VivaLing Services without the consent of the legal representative or legal guardian in the case of a User under the age of 16, or the legal guardian in the case of a User whose legal capacity is partially or totally restricted, the Service Provider has the right to give notice to the User to verify reliably and within a reasonable time, but not exceeding five (5) days, that the consent of the legal representative or legal guardian has been given. If the User does not reasonably verify the consent of the legal representative or legal guardian, the Service Provider is entitled to unilaterally terminate the T&Cs with immediate effect and delete the User Account.

10.5 Excluding the grounds for termination set out above, the Service Provider reserves the right to terminate, upon prior notice, at its sole discretion and by email, the Contract concluded by acceptance of these T&Cs.

10.6 VivaLing will inform the User of the termination of the Contract by sending a message to the email address provided by the User when registering.

11.4 Use of the Application and the Website must not under any circumstances allow the source code to be decrypted or deciphered by anyone or in any way infringe the Service Provider’s intellectual property rights. It is also forbidden to adapt or decrypt the content or any part of the Application or the Website; to fraudulently create a User Account; to use any application allowing the modification of the Application or the Website or any part of them.

11.5 The User may have the opportunity to post information and content on the Website, Platform, or Application. Any content a User submits, posts, displays, or otherwise makes available on the Website, Platform, or Application, which originates from a particular User, including all intellectual property rights therein, is referred to as that User’s “User Content”. The User grants VivaLing a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sub-licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of all such User Content in whole or in part, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to the User or any third party, for use in connection with the Services and VivaLing’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. 

By posting or providing any User Content, the User represents and warrants that public posting and use of his or her User Content by VivaLing will not infringe upon or violate the rights of any third party, including without any limitation any intellectual property rights, rights of publicity or rights of privacy.