Welcome to simplingo.com, the website and online service of Simplingo Academy. Explained here, are the terms by which you may use our service. This is an agreement between SIMPLINGO ACADEMY and THE STUDENT for the provision of registering as a learner.
By clicking on the “AGREE” button, you agree to be bound to the Terms and Conditions below.
Any dispute or claim relating in any way to your use of any Simplingo Service, or to any products or services sold or distributed by Simplingo or through simplingo.com will be resolved by binding arbitration, rather than in court.
Both parties (Simplingo Academy and the Student) agree to the following:
1 – The Two Parties and their Relationship
Simplingo Academy is a school offering an online platform for language courses. The Student may only use our service if he/she is in compliance with these Terms and Conditions.
2 – Creating and Using an Account:
When creating an account, the Student must provide accurate information. The Student is solely responsible for the activity that occurs on his/her account and therefore must keep their password secure. We at Simplingo Academy recommend that to create a strong password, the Student uses a combination of upper and lower-case letters, numbers and symbols. Simplingo Academy cares about the integrity and security of the Student’s personal information, however, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. The Student must acknowledge that he/she is providing their personal information at their own risk. The Student must notify Simplingo Academy immediately if there has been any breach of security or unauthorized use of their account. Simplingo Academy will not be liable for any losses caused by unauthorized use of the Student’s account. By providing Simplingo Academy with an e-mail address, the Student allows consent to send service-related notices including changes to features of the service and special offers.
If the Student opens a Simplingo Academy account on behalf of a company, organization, or other entity, then this third-party service is bound to this agreement through the Student. The Student is deemed the authorized representative and has therefore agreed to this agreement on the entity’s behalf. By doing so, the Student gives Simplingo Academy permission to access and use information of the above mentioned third-party from that service.
Simplingo Academy reserves the right to modify, change or discontinue all or any of our service with or without notice, and without liability to the Student or any third party. In addition to this, Simplingo Academy also reserves the right, in our sole discretion, to reject, refuse to post or remove any of the Teacher’s content and to restrict, suspend or terminate his/her access at any time, for any reason or no reason, and without liability.
3 – User Content
The Student will have the opportunity to post information and content on the platform. Any content a Student makes available on the platform means Simplingo Academy is granted a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicensing, worldwide license and right to display, use, reproduce, modify or distribute.
The Student is solely responsible for any content and other material they submit. He/She will not use Simplingo Academy to transmit any content that contains unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, or racially, ethnically or otherwise objectionable. There will be no stalking or harassing other users. The Student is forbidden to put up any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software. Furthermore, there will be no unauthorized advertising, junk mail, spam, chain letters, pyramid schemes or any forms of solicitation.
By providing content, the Student makes sure that it does not infringe upon or violate the rights of any third party, including without limitation any intellectual property rights, rights of publicity or rights of privacy. The Student is solely responsible for their content and the consequence of posting or publishing it and that Simplingo Academy shall not be liable for any damages that might occur as a result of the Student’s Content.
THIS PLATFORM IS FOR YOUR PERSONAL USE ONLY. COMMERCIAL USE OF THE SITE OR OF ANY SITE CONTENT IS PROHIBITED.
4 – Third-Party Links
Through the nature of the Internet, at times there might be links to third-party websites that are not owned or controlled by Simplingo Academy. Simplingo Academy does not endorse or assume any responsibility for any such third-party sites. If the Student accesses a third-party website then he/she does so at their own risk. The Student expressly relieves Simplingo Academy from any and all liability arising from the use of any third-party website or service.
5 – Copyrights and Trademarks
Copyrights: All content, applications, digital downloads, data compilations on the Platform and all text, photographs, graphics, video and audio included in them ("Platform Materials") are the property of or licensed to Simplingo Academy. The Platform contains material that is protected by copyright, trademark, or other intellectual property rights, and the Platform itself is protected as a collective work under the copyright laws of the United States and other countries. Except for User Content (defined under User Content section below) that you own, you may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Platform Materials.
Trademarks: The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Simplingo Academy and of Simplingo Academy’s licensors. You may not use the Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. You may not frame the content of the Site without express written consent by Simplingo Academy. You may not use metatags or any other "hidden text" that incorporates the Simplingo Academy Trademarks or our name without our express written consent.
6 – Fees for the Student
Simplingo Academy will charge the Student’s credit card, debit card, or any other payment method on a Lesson package / Course package basis. The Student agrees that he/she will pay for the lessons, packages, and services, and that Simplingo Academy may charge his/her payment method for any lesson/package/service purchased and for additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with his/her Account. THE STUDENT IS RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SIMPLINGO ACADEMY WITH A VALID PAYMENT METHOD FOR THE PAYMENT OF ALL FEES. All information and a valid payment method that the Student provides in connection to monetary transactions with Simplingo Academy must be accurate, complete and current. By agreeing to these Terms and Conditions, the Student agrees to pay all charges incurred by their credit card, debit card or other payment method that has been set up. The Student may cancel their account at any time; however, the Student won’t be issued a refund for cancellation.
The Student account will remain in effect until it’s cancelled or terminated under these Terms and Conditions. If the Student doesn’t pay for his/her account on time, Simplingo Academy reserves the right to suspend or terminate his/her account. In the event that Simplingo Academy suspends or terminates the Student’s account, there will be no refund. Any outstanding balance becomes immediately due and payable upon cancellation. If the Student’s account is inactive for 3 months or over, Simplingo Academy reserves the right to terminate his/her account with no refund forthcoming.
By agreeing to these Terms and Conditions, the Student must acknowledge and agree that any credit card and related billing and payment information that is provided may be shared by Simplingo Academy with companies who work on their behalf. This includes third-party processors and/or credit agencies, solely for purposes of credit checking, effecting payment to Simplingo Academy and servicing the Student’s account. Simplingo Academy may also provide information in response to valid legal process.
Prices for the lessons/packages/services offered via the Services may change at any time, and the services do not provide price protection or refunds in the event of a price reduction or promotional offering.
Simplingo Academy reserves the right to suspend or discontinue the Student’s account for any late payments. The Student may not create multiple accounts to simulate or act as a single or otherwise in a manner to avoid incurring fees.
7 – Length of Agreement
By agreeing to these Terms and Conditions, the Agreement becomes effective. This agreement shall be for an unspecified term on an “at will” basis. Simplingo Academy reserves the right in its sole discretion to cease or suspend providing all or any part of the Lessons/Services immediately without any notice to the Student.
If: (1) The Teacher leaves Simplingo Academy or becomes unavailable following a transaction (2) There are technical problems that prevent or unreasonably delay the Lessons / Service; the Student’s sole remedy is either the replacement of the original Teacher with another Instructor of equal or lesser Lesson / Course package value or a refund of the monetary value remaining (depending on the amount paid and the number of classes taken / unused as determined by Simplingo Academy)
8 – Termination of Account
Simplingo Academy reserves the right to cancel and terminate accounts or refuse service at any time due to: (a) non-payment, abuse of the Service or any other breach or violation of the Terms and Conditions; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to the Simplingo Academy (or any part thereof); (d) unexpected technical issues; (e) any other reasons at the discretion of the Simplingo Academy. Upon termination, your public profile will be removed and information such as avatars, uploaded documents and your history will no longer be available and will be unrecoverable upon cancellation. If there is anything you wish to save, it must be done prior to the discontinuation. Account termination is permanent. You will not be able to reverse this procedure once Simplingo Academy has processed the request. Account termination will not result in refunds for subscription that have been invoiced or other purchases made on the account.
9 – The Professional Code of Conduct for all Students
10 – Communicating with the Teacher
All contact with the Teacher(s) will be conducted through the platform. All material can be uploaded, scheduled lessons are e-mailed to both the Student and the Teacher(s) and rescheduled / cancelled classes lessons also see all individuals notified. Therefore, there is no reason to give out private/personal e-mail addresses or telephone numbers or study the classes through other means. If a Student is found to violate this rule without prior consent from Simplingo Academy, Simplingo Academy reserve the right to terminate the Agreement immediately.
11 – Non-Solicitation
During the term of this Agreement and for 1 year after any termination, the Student will not, without the prior written consent of Simplingo Academy directly or indirectly solicit any Teacher from Simplingo Academy on the Student’s own behalf or on behalf of others. This means any Teacher that has registered for Simplingo Academy. This also stretches to the solicitation or attempted solicitation, to divert or hire away any person working for Simplingo Academy. The Student must acknowledge that these rules are required in order to protect Simplingo Academy’s interests and that the Student’s services would not be required or retained if broken. Doing so would cause financial hardship and said Student would indemnify Simplingo Academy for loss.
12 – Disclaimer of Warranties
The Student’s use of Simplingo Academy’s service and content is at the Student’s sole risk. Any material that the Student accesses or obtains through Simplingo Academy’s software is done so at his/her own discretion and risk and will therefore be solely responsible for any damage to the Student’s computer or loss of data that results from the download of any material. Simplingo Academy and our suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
13 – Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Simplingo Academy, its affiliates, 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 Simplingo Academy has been advised of the possibility of these damages), resulting from the Student’s use of Simplingo Academy’s software and content. Under no circumstances will Simplingo Academy be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of Simplingo Academy’s platform or the Student’s account or the information contained therein.
To the mamimum extent permitted by applicable law, Simplingo Academy assumes no liability or responsibility for any errors, mistakes or inaccuracies of content. Furthermore, this is also the case for any personal injury or property damage resulting from the Student’s access to Simplingo Academy’s platform.
Simplingo Academy’s platform is administered from its offices in the United States. Materials published at the platform may refer to classes, products, programs, or services that are not available in any country outside of the United States. Given the global nature of the Internet, the Lessons/Services/Products provided by Simplingo Academy may be accessed by the Students residing inside or outside of the United States. It makes no representations or warranty that the Simplingo Academy platform and/or materials at the platform is appropriate or available for use in other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. Those who access or use the Simplingo Academy platform from other jurisdictions do so at your own initiative and volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. The Student may not use the platform or export information and materials in violation of the export and import laws of the United States or any other country. If the Student is located outside of the United States, any information you provide will be transferred to the United States. By accessing our Services and by submitting your information, the Student consents to its transfer and storage in the United States and its use as provided. You may not use the platform if you are a resident of a country embargoed by the US, or are a foreign person or entity blocked or denied by the US government.
14 – Indemnity
The Student will indemnify and hold Simplingo Academy, their suppliers and licensors, and their respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability arising from (i) the Student’s use of the software, including any data or content transmitted or received by the Student; (ii) The Student’s violation of these Terms; (iii) the Student’s violation of any rights of a third party; (iv) the Student’s violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of the Student’s user content or any that is submitted via the Student’s account; or (vi) any other party's access and use of the platform with the Student’s unique username, password or other appropriate security code.
15 – DMCA
The Digital Millennium Copyright Act of 1988 (“DCMA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe, in good faith, that materials hosted by NYRR infringe upon your copyright, you (or your agent) may request that material be removed, or access to it blocked. Requests, in this respect, should be sent to:
Address: H and C Systems, Inc
10476 E Valley Blvd, Suite 9
El Monte, CA 91731
Telephone: +1 626-279-6832
To be effective, the notification must be a written communication that includes the following:
We will respond to notices of claimed copyright infringement in accordance with the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Under U.S. Infringement Federal Law, if the Student or Third Party knowingly misrepresent their online material at simplingo.com, the Student or Third Party may face criminal prosecution for perjury and civil penalties, including but not limited to monetary damages, court fees, and attorneys’ fees.
25th September, 2018