Article 1 (General provisions)
2. In addition to the Terms, users must also read and agree to the user instructions published on the Company's official website (which are also part of the Terms) before using the Services.
3. Use of the Services implies that the user has agreed to the Terms. Under the premise of not damaging the user's rights, the Company shall be entitled to revise the rights provided by the Terms, and such revisions shall enter into force after announcement on the official website.
4. The Company shall be entitled to collect, process, and use the image and text records generated by the users when they use the Services as well as the users' information but shall not transfer such information others; and such information shall be protected pursuant to the Personal Information Protection Act of the Republic of China.
Article 2 (Scope of Application and Priorities of the Terms)
1. The Terms shall apply to the application program and Email methods provided by the Company as well as the Services related information sent to the users.
2. If the Parties have made special stipulations, such stipulations shall have priority.
3. The Terms is available in Traditional Chinese, Simplified Chinese, Japanese, Korean, Thai, Indonesian, Vietnamese, Spanish, English, etc. In case of interpretation inconsistencies, the Traditional Chinese version shall prevail.
Article 3 (Registration Application of the Services)
1. Users shall use the methods separately established by the Company to register and apply for the Services. In addition, users must agree to the following items when registering and applying for the Services. (1) Install the version of Skype recommended by the Company. (2) Ensure that the communication environment can adequately use the Services. (3) If the user is a minor, said user shall receive consent from his/her legal representative or guardian. (4) Pay the Services application fees calculated according to Article 7 of the Terms. (5) Course providers shall include the contractors of the Company (hereafter "Teachers") and the Company's business consignees. (6) For the purpose of providing the Course, the users' registered Skype name (the names established and owned by the users for Skype ) shall be published on the reservation page of the Services. (7) The Company shall deliver notifications, ads, survey questionnaires, and other similar items for the Services to the users via Email.
2. Service registration is completed when the applicant receives the approval notification Email from the Company.
3. When the users have any of the following conditions, the Company shall deny the registration application or cancel the registration if a registration had already been completed. (1) Users who are deleted or locked-out due to violation of the Terms. (2) False declaration during application. (3) Has a record of delayed payment for the Service fees after the application. (4) The user's behaviors are clear abuse of rights.
4. After a user has completed the registration and paid the fees, the user can start to use the Services at the day the Company issued the system confirmation (hereafter "Start Application Date"). However, the free trial course provided in Article 8 shall not apply.
Article 4 (Use of Personal Information)
1. The Company shall collect, process, and use personal information pursuant to the provisions provided by the Personal Information Protection Act of the Republic of China.
2. To provide the Services, the Company shall provide the following user registration information to third-parties commissioned to handle parts of the Services.
(1) Skype ID
(2) Nickname and name
(4) Date of Birth
(5) Telephone Number
Article 5 (Revision of the Registration Information)
If a user's registration information has actually changed, said user may issue an information change application to the Company.
Article 6 (Service Usage Period)
1. The usage period of a user (hereafter "Usage Period") shall be calculated from the starting date of the Services (i.e., the first day of the month if the starting date is January 1) at each increment unit of one month. 2. The Application Period shall be renewed by paying the usage fees. In addition, usage fee payment shall be implemented according to the methods provided in Article 7.
Article 7 (Usage Fee & Payment Methods)
1. The payment paid by the user for the Services provided by the Company shall be tax included.
2. Users shall remit payment for the Services through Paypal (https://www.paypal.com/tw/webapps/mpp/home) or ECpay (https://www.ecpay.com.tw/).
3. The Services usage period is calculated on a monthly basis and payment shall be remitted accordingly. Once the payment is made, no refund shall be permitted for any reason. However, this restriction shall not apply if the Services cannot be provided due to reasons attributable to the Company.
Article 8 (Free Trial Course)
1. Users may attend free trial courses at the date the Services registration is completed. The number of the free courses shall be established by the Company.
2. Users must still comply with the relevant provisions stipulated by the Terms when using the free trial courses.
3. If a same person has registered to multiple accounts, the Company shall be entitled to lock-out the accounts.
Article 9 (Course)
1. Each course provided by the Services is 25 minutes long.
2. If a user has not objectively responded to the Company or the course teacher (hereafter "Teacher") from the start of the course until 10 minutes into the course, the Company shall deem the user as absent and terminate the course.
3. If the user has been absent three or more times, the Company shall issue an Email to request improvement.
4. The Company shall not provide any remedy or compensation for any reason because a user has been absent.
5. The Company shall provide compensation according to the Course Makeup Coupon provisions provided by Paragraph 5 of Article 10 if a course has been shortened by 5 minutes or longer due to teacher, equipment, natural cause, or other force majeure reasons. However, the Company shall be entitled to determine whether the Course Makeup Coupon should be issued.
Article 10 (Course Reservation)
1. Course reservation: Users must complete the course reservation at least 15 minutes before the course starts in order to attend the course.
2. Course cancellation: Users may cancel the reserved course no later than 4 hours before the course starts.
3. Users may reserve a course for a maximum period of 7 days in advance.
4. If the course reservation appears in the user reservation status in this website, the reservation is deemed as officially made and completed.
5. Under the condition when a course cannot proceed due to reasons such as teacher, equipment, or natural causes: the Company shall issue a Course Makeup Coupon for each course that has been canceled. Such coupons are valid for 30 days and must be used within 30 days after they were received, and would not be reissued if they cannot be used within the deadline. Unused Course Makeup Coupon will automatically disappear at 00:00 hours at the last day of the deadline.
Article 11 (Prohibited Acts)
1. Users shall be prohibited from the following acts when using the courses provided by the Services: (1) Transfer the rights of using the Services to others or other dispositions behaviors. (2) Transfer password and other information to a third-party to be used by the third-Party. (3) Other acts that infringes upon the reputation, credit, copyright, patent, new utility patent, design, trademark, image, or personal privacy rights of this Company or its Teachers and other third-parties. (4) Behaviors in violation of the mandatory provisions provided by the local laws, public order, or moral standards. (5) Risky behaviors that obstruct the operation of the Services. (6) Behaviors that aim to use the Services as a for-profit business or the preparation for such operations. (7) Behaviors that may induce or encourage other users or Teachers of the Services to conduct illegal acts. (8) Behaviors that caused the users and Teachers of the Services to suffer economic or mental impairments or damages. (9) Criminal behaviors or Criminal behavior related acts. (10) Harassment behaviors such as sexual harassment or misconduct against the Teachers and impede the progression of the course. (11) Attend a course while inebriated. (12) Excessive skin exposure or the clothing, underwear, or postures in combination with the skin exposure have made the Teacher unconformable or anxious. (13) Unauthorized disclosure of the Company's course contents, images, videos, audios, or the suspicion of such behaviors. (14) Explore the employment conditions of the Teachers or confidential information that the Company normally would not publish in the customer services center or the network. (15) Induce the Teachers to participate in religious, political association, or other multi-level marketing organizations. (16) The user or the user's agent has attempted to contact the Teachers privately according to the Email contents regardless doing so online or not. (17) Induce the Teachers to participate in services or work for enterprises that may compete with the Company. (18) Verbal abuse, intimidation, or operation impeding behaviors against the Company or its Teachers. (19) Allowing people other than the registrant to use the registration account. (20) Register to multiple accounts. (21) Allow people who are not the registrant or permitted by the Company to participate in the Course. (22) Requesting additional Course Makeup Coupons or refunds unreasonably outside the scope provided by Paragraph 5 of Article 10. (23) Other behaviors reasonably deemed by the Company as inappropriate.
2. If a user is alleged of the misconducts listed above, the Company shall have the discretion to determine whether such misconducts conform to the prohibited behaviors listed above. In addition, the Company is not obligated to provide the description or evidence regarding to the basis of the determination.
3. The Company shall not be held liable if the preceding determination has caused a user to suffer damages or harm the user's interests unless the said determination is a result of a deliberate gross negligence.
4. If a user's behaviors violate Paragraph 1 of this Article and caused the Company or third-parties to suffer damages, the user shall assume legal liabilities in addition to exclusion from the Services.
Article 12 (Services Cessation, Suspension, Termination, or Registration Cancellation)
1. If the Company has determined that a user meets any of the following conditions, the Company shall unilaterally cease, suspend, or terminate the Services or cancel the registration regardless of the Services provision status without prior notice to the user; and the user shall be responsible for the resultant losses.
(1) The Company determined that the user has not improved after receiving the warning according to Paragraph 3 of Article 9. (2) The user has breached the Terms by committing the prohibited acts listed in Paragraph 1 of Article 11. (3) The user has breached the various conditions provided by the Terms. (4) The user has failed to follow the instructions of the Company or its Teachers during the Service period. (5) The Company has reasonably determined that the user has misused the Services due to other reasons.
2. In case of disposition against the user due to the grounds listed in the preceding paragraph, the fees already paid by the user shall not be refunded.
3. In case of disposition due to the grounds listed in the Paragraph 1, the Company shall not assume liability even if the outcome has caused damages or loss of rights of the user.
Article 13 (Company Notice)
1. The Company shall issue the Services related notifications to the Email addresses contained in the user member registration information (hereafter "Designated Email"). After the notification deliveries have completed, the notifications are deemed as served to the recipient users.
2. The user shall ensure that his/her Designated Email can receive electronic mails from the Company.
3. If the Designated Email information has been changed, the user shall promptly update the information. If the user has suffered damages or loss of rights because of failure to update such information, notifications are deemed as served and the Company shall not assume any liabilities.
Article 14 (Interruption & Termination of the Services)
1. Under any of the following conditions and after deliberation by the Company, the Company shall publish a notice on its website or issue a notice to the Designated Email to terminate or interrupt the Services. In case of force majeure, the Services may be terminated or interrupted without notice.
(1) Skype obstacles, domestic and international political climates, natural disasters, service provider server obstacle and maintenance, or force majeure issues that made it difficult to provide the Services. (2) Observed national holidays of the Republic of China (New Year's Eve, Chinese New Year, etc.).
2. If the number of the courses scheduled has reduced due to reasons listed in the preceding paragraph, the Company shall notify you via this website or Email. Users must agree to these conditions first.
3. The Company shall not assume liabilities for the termination or interruption of the Services that caused any third-parties to suffer damages or loss or rights due to reasons not attributable to the Company.
Article 15 (Use of Skype)
The Services are provided to the user via Skype services. The use of Skype by the user indicated that the users have agreed to the following contents:
(1) Comply with the terms and policies of Skype.
(2) Download and install Skype before using the Services, and ensure that the relevant functions operate normally. (3) Users shall be responsible for the fees associated to the download, installation, setup, and use of Skype. (4) The Company shall assume no liability if Skype malfunctions after a course has started. (5) The users shall take responsibility for receiving files sent by the Teacher through Skype's chat function or opening a link other than this website. (6) The Company shall not be obligated for any negotiations, inquiries, etc., related to any services provided by Skype .
Article 16 (Responsibilities of the User)
1. The users shall be fully liable for the behaviors and results after the use or inappropriate use of the Services.
2. The users shall be held civilly or criminally liable for causing the Company, the Company's personnel, Teachers, or other third-parties (including if the user has failed to fulfill the obligations provided by the Terms and caused the Company, the Company's personnel, Teachers, or other third-parties to suffer damages) to suffer damages through the use of the Services.
Article 17 (Copyright and Ownership)
1. The copyright and ownership (hereafter "Copyrights") of the images, graphics, audios, trademarks, LOGO mark, publications, etc., shall belong to the Company. Users shall not use or infringe upon the Company's Copyrights, upload the Copyrights to magazines or other websites, or reproduce or disseminate them to third-parties.
2. When a user violate the provisions provided by the preceding paragraph; the Company shall pursue all civil and criminal liabilities (such as warning, litigation, compensation claims, cessation request, request to restore reputation, etc.) pursuant to the Copyright Act, Trademark Act, and other relevant provisions.
3.The public website information selected by the teacher and the user as conversation topics throughout the Services are referential materials agreed upon by both parties, and reasonable use of such materials are not provided by the Company.
Article 18 (Relevant Disclaimers)
(1) The company shall issue a Course Makeup Coupon valid for 30 days if a course cannot continue for over 5 minute for reasons such as Teacher, equipment, or natural factors that are not attributable to the user. (2) The Company shall not guarantee the learning results of the students. (3) Services provided by Skype or a joint venture of this Company malfunctioned or failed and thus disabled the Services.
(4) The password information has been lost or expired due to the user's fault, and obstructed the Services from continuing. (5) The completeness, accuracy, timeliness, security, etc., of the links or information provided by this website. (6) Application of third-party operated website contents accessed from the links provided in this website or such websites that provided links to this website.
Article 19 (Company Product Guarantee Exceptions)
Users shall first agree that the Company does not make any guarantees for the following items: (1) The users can reserve a course at a specific time. (2) The users can reserve a course taught by a specific teacher. (3) The learning result, effectiveness, correctness, and authenticity of the courses provided by the Services. (4) The Services provided by the Company can run smoothly under the recommended operating environment. (5) The security of the Services or the use of software or files related to the Services. (6) The completeness, accuracy, timeliness, security, or safety of any information or links provided in the website. (7) The relevant correctness and security of the contents and the application of non-Company third-party operated websites connected through a link from this website or any such websites that provide a link to this website.
Article 20 (Business Transfer)
When the Services business is transferred to a third-party, users shall agree to allow the third-party to inherit the rights and obligations of the company in regards to the Terms. However, the relevant private information is still protected under the Personal Information Protection Act.
Article 21 (Timezone for the Date and Time of the Services)
1. In the Services, the starting date of use, the beginning date of the starting month, the various fee payment deadlines, and the various application deadlines are in Taiwan time (GMT+8:00).
2. The time calculation of the Services shall be based on the Company's time.
Article 22 (Governing Law and Exclusive Court Jurisdiction)