Terms and conditions

TERMS & CONDITIONS

Last Updated: Jan 31, 2022

1. INTRODUCTION

Welcome to the terms of services (the “Terms”) of www.yinghlish.com (the “Website”)! Please read these Terms carefully as they set forth the agreement between you, an individual user (“you” or “User”) and 12464799 Canada Inc.  and/or its affiliates (“we”, “us” or “our”) regarding your use of the Website, as well as training courses offered by the Website through our pay-as-you-go and subscription service, including beta versions or services accessed through any of our affiliates (hereinafter referred to as Services). By registering and/or using the Services, you acknowledge that you have read and understand these Terms and agree to be bound by all of the terms and conditions. You also acknowledge that you are over the age of eighteen (18) and that you have a right to enter into a binding contract under applicable law. 

2. ENROLLMENT IN THE SERVICES

In exchange for any applicable fees and subject to certain limitations as described herein, you will be granted the right to view certain Content (as further defined below) that is available via the applicable Services. For the purpose of these Terms, Content shall include English language training courses, all text, graphics, information, data, software, scripts, video and audio recordings, all messages or items of information, slogans, domain names and any other elements which are part of the Services, individually or in combination, together with all related intellectual property rights, (collectively, the “Content”).

3. ACCOUNT

3.1 Creation of your Account

To access the Services, you must create an account, for which you must have an email address and provide true, accurate, current and complete information about yourself and your billing information and keep it up-to-date. 

3.2 Unauthorized Use of the Account 

You are solely responsible for maintaining the confidentiality and security of your Account and any User identifications and passwords. We reserve the right to suspend your access to the Services and change (or require you to change) your Password at any time. Any use of your Account with your Password, and in particular any purchase of Services, is deemed to be carried out by you. You agree to inform us as quickly as possible of any unauthorized use of your Username, password or other information concerning your Account comes to your attention. In case we detect the account is being used by several Users, your account will be suspended, and no refund will be issued. 

4. USE OF SERVICES AND RULES OF CONDUCT

4.1 Use of Services

The Services are intended for your personal, non-commercial use only. You undertake to comply, at all times during use of the Services, with i) the national and international laws and regulations in force and ii) with these Terms. YOU GUARANTEE THAT YOU WILL NOT USE THE SERVICES FOR UNLAWFUL OR IMMORAL PURPOSES OR FOR PURPOSES CONTRARY TO THE USE OF THE SERVICE.

4.2 Rules of Conduct

You agree not to use the Services for any purpose that is prohibited by these Terms, and that you are responsible for your activity in connection with the Services. Furthermore, you undertake not to directly or indirectly:

1. use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights;
2. create, use, share and/or publish by any means within the framework of the Services any material or content which, we feel, is unlawful, harmful, abusive, harassing, threatening, malicious, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality; encourages criminal conduct or would give rise to civil liability, or otherwise violates any applicable local, state, national, or international law or is in any other way unacceptable;
3. create, use, share and/or publish by any means within the framework of the Services any material or content which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, infringing others' intellectual property, piracy, hacking or circulation of counterfeit software);
4. use incorrect information, use another user's Account, assume another person's identity or present false credentials in order to disguise the origin of any content transmitted through the Services;
5. attempt to obtain a password, information concerning an Account or other information of a private nature from any other user of the Services, and/or sell, rent out, share, lend and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account;
6. impersonate any person or entity, including, but not limited to one of our representatives, or falsely state or otherwise misrepresent your affiliation with a person or entity.

5. INTELLECTUAL PROPERTY RIGHTS

Only you may access the Services using your Username and password. The Content available through the Services and the Services are the property of us, our affiliates, and are protected by copyright and intellectual property laws and rights. You agree that you will not access the Services from any territory where its contents are illegal, and that you are responsible for compliance with applicable local laws.

6. COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of copyright owners and as such, we adhere to the following notice and takedown policy. If you believe any of the Content accessible through our Services infringes your intellectual property rights, please send your infringement notice to us via following email address: [email protected] .

7. PAYMENTS AND BILLING

7. Payments

When you sign-up for a Membership or make a purchase under the Pay-as-you-go option (in both cases such purchase, a “Transaction”), we may ask you to provide additional information relevant to your Transaction, including, without limitation, your payment method information (e.g. your credit card number or other available method of payment information), expiration date of your payment method and your billing address (“Payment Information”). You hereby represent and warrant that you have the legal right to use all payment methods represented by such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so that we can charge your payment method for the type of Transaction that you have selected.

We, at our sole discretion, or as applicable, our clients or affiliates, at their sole discretion, may offer a variety of membership plans, including special promotional plan, including but not limited to a free trial period or trial period at promotional price.  Any promotional offer may be subject to additional terms and conditions.  The membership plans may have different conditions and limitations, which will be disclosed to you during enrolment or in other communications made available to you.

 

7.1 Pay-as-you-go

For the Pay-as-you-go purchases you’ll be able to create an Account and purchase the Content for the current fee amounts specified on the Website and as per the terms set forth in this Terms and any materially different terms additionally made available to you.

 7.2 Memberships

When subscribing to a memberships (30-day, 90-day, 180-day or any other options we may offer): you gain access to the Services as per the timeframe and number of the courses set by the specific subscription package. If you elect to purchase any of the monthly Memberships, you will be charged the monthly Membership fee plus any applicable taxes and services fees (the “Membership Fee”) at the beginning of the paying portion of your Membership and each month thereafter, at the then-current rate. By electing to purchase a monthly Membership, signing up for the Services and agreeing to these Terms, you acknowledge that your Membership is subject to recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Membership by you or by us. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Unless you notify us that you intend to terminate your Membership, your Membership will automatically renew at the end of each Membership term. Your renewed Membership will have the same duration as the original Membership term (e.g. 30 days, 90 days, 180 days etc.). At the time of renewal, your payment method will be charged our then-current fees for the applicable Membership, provided that if the Membership fee for your renewal or the individual pay-as-you-go fees have increased, we will attempt to notify you in advance by sending an email to the address you have registered for your Account.  If you do not wish to accept a price change, you may cancel your Account.  

If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify the Company within 30 days after they first appear on an account statement.  YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES.  PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.

7.3 Refund Policy

All fees paid and charges made prior to cancellation or termination of your Account are non-refundable. If you have a recurring monthly Membership, all Membership Fees previously paid, including the amount paid for the month in which the cancellation occurs, are non-refundable.  Even if you cancel your Membership during a monthly Membership period, you will not receive a refund for any portion of the fees for the remainder of that month.

7.4 Cancellation

You can cancel your membership at any time by logging into your Account and selecting “Cancel Account”.  If you cancel your Membership, the cancellation will go into effect at the end of the then-current month.  You will have continued access to your Account for the remainder of your paid monthly Membership period, but YOU WILL NOT RECEIVE A REFUND OF ANY FEES PAID.  You must cancel your Membership before it renews for the next month to avoid paying the recurring Membership Fees for the next month.  

7.5 Termination

If, at any time, we feel that you have violated these Terms, we may suspend or terminate your access to the Services effective immediately, which may result in the loss and destruction of all information associated with your Account. All fees paid hereunder are non-refundable.

7.6 Late Payments

Your Account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Membership.

8. MODIFICATION TO THESE TERMS

We reserve the right, in our sole discretion, to modify, add or delete any of  the clauses of these Terms by posting a notice on the website or by sending you notice through the Services. If you do not agree to the changes made to these Terms, you may cancel your Account. You undertake to check any modifications regularly and to comply with them fully. Any use of the Services subsequent to updates and/or modifications implies acceptance of the Terms thus updated and modified.