Terms and Conditions
1. Your Obligations and Responsibilities
2. Your Privacy
3. Your Account
You may choose to register at our Site. If you do, you will have a login name and password for your account and for each relevant section of the Site. You are responsible for maintaining the confidentiality of your account, login name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, login name and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms or if we decide, in our sole discretion, that it would be in VivaLing’s best interests to do so.
You may cancel your VivaLing account at any time; however, there are no refunds for cancellation. To the fullest extent permitted by law, refunds (if any) are at our discretion. In the event that VivaLing suspends or terminates your account or these Terms, you understand and agree that you shall receive no refund or exchange for any remaining credit on your account, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Any remaining balance on your account is forfeited and any outstanding balance on your account becomes immediately due and payable upon termination of these Terms for any reason.
The remaining credit on your account may be refunded if the request reaches us within 1 (one) month of your original purchase and after deduction of all package-related benefits (in other words the used part of the package will be recalculated at retail price before the balance is refunded), all discounts, all bonuses.
Some banks may apply an exchange fee for payments made outside of Euro Area (or Economic and Monetary Union – EMU). VivaLing does not charge any additional fees during transactions and can under no circumstances be held responsible for fees generated by banking establishments.
Coaching sessions can be freely rescheduled, or cancelled and refunded provided the rescheduling or cancellation takes place at least 24 hours prior to the planned starting time of the session. No session can be cancelled and / or refunded later than 24 hours before its planned starting time ; in particular a session will not be refunded if it is missed for whatever reason and not cancelled at least 24 hours before its planned starting time. Due to the personalized teaching provided by VivaLing, a session cannot be transferred at the last minute from one learner to another within the same family.
Sessions can be taken from a computer or tablet equipped with a microphone and camera (internal or external). You need a connection with a minimum of 0.6 Mbps. You can check the quality of your internet connection at www.speedtest.net. VivaLing will not be held responsible for the poor quality of its customers’ connections.
It is also the responsibility of each client to update the applications required for the courses, in particular Zoom and the VivaLing app, by following the instructions and reminders sent out regularly.
4. Services and Accuracy of Information
We attempt to be as accurate as possible when describing our Services on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, or other content available on the Site are accurate, complete, reliable, current, or error-free.
We also attempt to be as accurate as possible when describing our special conditions for selected Promotion Campaigns on the Site; however, we shall be entitled to modify the complimentary products or the general terms and conditions at any time during the Promotion by publishing any such modifications on the website.
The products and services available on the Site are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise received from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms. Customers below the age of 21 are to seek parental consent prior to making any online purchases.
5. Conduct and Safety
We do our very best to keep VivaLing safe, but we cannot guarantee it. We need your help to keep VivaLing safe. As a user, you are responsible for your own actions, and the consequences of those actions. Proper conduct on the Site includes refraining from generating or posting written, oral or video material that is as follows:
- Copyrighted, unless you are the copyright owner or have the permission of the copyright owner.
- Revealing of trade secrets, unless you own them or have the permission of the owner.
- In violation of any law or infringing on any other intellectual property rights of others, or on the privacy or publicity rights of others.
- Obscene, sexually explicit, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity.
- Unsuitable to children in the age range targeted by VivaLing.
- An advertisement, promotional material, “junk mail,” “Spam,” chain letter, pyramid scheme or any other form of solicitation of business.
Users also must not:
- impersonate another person;
- misrepresent their affiliation with any person or organization;
- access the Site to obtain a list of users of the Site;
- use password-protected, secure, or non-public areas of the Site (or frames or links to the Site) without proper authorization;
- distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner’s consent;
- use any mechanisms that generate excessive network traffic;
- either directly or through any person or entity, in any form or manner, copy, distribute, reproduce, incorporate, or allow unauthorized access to the Site, its content, or the Services; or
- modify, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services.
Use of the Services for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited.
VivaLing does not represent or guarantee the truthfulness, accuracy, or reliability or any of communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. VivaLing does not screen communications in advance and is not responsible for screening or monitoring material posted by users.
VivaLing has no liability or responsibility to you for performance or non-performance of such activities. VivaLing reserves the right to expel users and prevent their further access to the Site or Service for violating this Agreement or the law and the right to remove communications which violate the terms of this Agreement.
6. Intellectual Property
Except for your User Content, all content available on the Site, including but not limited to text, blog posts, graphics, logos, button icons, images, audio clips, video recordings, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of VivaLing, our affiliates, partners or licensors, and is protected by Singapore and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of VivaLing, our affiliates, partners or licensors, in Singapore and other countries, and are protected by Singapore and international trademark laws. Neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Blog posts may be used and referred to when their origin is explicitly mentioned.
Session content and video recordings are part of the Content, and as such are the property of VivaLing, our affiliates, partners or licensors, and is protected by Singapore and international copyright laws. The video recordings of a User may be made available to that User or group of Users featuring on the recording, while the Services last. In addition, VivaLing will not publicly display, use, perform, distribute any of its content containing video recording of its Users without their explicit consent or the explicit consent of their parents or legal representative.
You may have the opportunity to post information and content on the Service. Any content a User submits, posts, displays, or otherwise makes available on the Service, which originates from a particular User, including all intellectual property rights therein, is referred to as that User’s “User Content.” You grant us 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 you or any third party, for use in connection with the Service and VivaLing’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
By posting or providing any user content, you represent and warrant that public posting and use of your user content by us 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.
7. Special Provision Specific to Coaching
If a coaching relationship with a family or 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 on VivaLing, 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 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 firstname.lastname@example.org
Session videos will be recorded and made available by VivaLing to Parents for a given period of time. Coaches agree that the recordings of videos in which they are featured may be shared with the parents at any time. They also agree that subject to their prior consent, the videos will be used by VivaLing for any other purpose, free of any condition or obligation whatsoever. Coaches should never publish or use a video without the explicit consent of both Parents and VivaLing.
Coaches agree to abide by VivaLing’s general pedagogical approach. However they must bring the material in addition to resources provided by VivaLing.
8. Special provision specific to community areas, games, coaching content
VivaLing offers specific areas in which members of the VivaLing community may communicate freely (e.g. messaging services, chat, wall, etc.). VivaLing acts exclusively as a host of the community areas made available and our responsibility is therefore that of a technical supplier. Parents and teachers are therefore asked to monitor the use of our community areas by their children/pupils.
You acknowledge that you are fully responsible for any Contributions published by your children on the Site and that those Contributions do not form part of the editorial activity undertaken by VivaLing. As a result, VivaLing may not be held liable for the unlawful nature of any Contributions submitted. You guarantee VivaLing against any form of recourse and/or legal action initiated against any other person as a result of the publication of Contributions on the Site. You will pay any charges, payments and compensation that may be due to or claimed by such persons for whatever reason.
The messaging services, chat, wall, comments section and other community areas are intended for the exchange and discussion of content that must abide with clause 5 (Conduct and Safety). Any Contributions not complying with this clause may be deleted by the site moderator and may even be notified to the authorities.
In the ‘View Interface’ section in both the ‘My Children’s Accounts’ and ‘My Pupils’ Accounts’ areas of the Site, you may delete messages and/or e-friends 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 offence (e.g. attempts to justify crimes against humanity, incitement of racial hatred, child pornography and proselytizing). This option may be exercised by sending an e-mail to email@example.com or by visiting the ‘VivaConnect’ section.
The ‘Mail Box, Chat, Wall’ sections and any pictures uploaded into the Games section are carefully moderated. The site moderator may therefore delete or temporarily or definitively exclude any content – subsequent to its publication – that does not relate to the relevant topic or editorial line; that does not comply with the ethical principles listed in the ‘Community Areas’ section above; or that contravenes the laws and regulations in force.
10. Third Party Links
We are not responsible for the content of any off-Web site pages or any other Web sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other Web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Web site pages or any other Web sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Web site pages and other Web sites that you visit.
If you give a Feedback, you represent and warrant that you own or otherwise control the rights to your Feedback. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Feedback. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Feedback.
12. Representations and Warranties; Limitation of Liability
The site is presented “as is.” we make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-web site links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party web sites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable above 50 USD or whatever you have paid to us (whichever is the lower), for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort or otherwise, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Republic of Singapore, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Singapore. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Singapore, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court.
- These Terms make up the entire agreement between the parties regarding VivaLing, and supersedes any prior agreements.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of these Terms, it will not be considered a waiver.
- Any amendment to or waiver of these Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms shall prevent us from complying with the law.
- These Terms do not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing VivaLing.