LingoTalking is a platform service that is developed under the purpose to provide an effective transaction of classes between Teachers and Students. The company shall not hold the responsibility to provide classes or programs. The company manages the Service and the matching service which facilitate class search, class reservation, etc.
Certain terminologies used in this agreement are defined as follows:
(1) Lingco(s): An internal currency unit used to purchase the ‘service’ on Site provided by ‘Company’.
(2) Class(es): Any form of instruction, useful information, exercises, conversation, and advice offered with the intention of improving the skill or knowledge of the recipient.
(3) Student(s): Any individual registered on our Site that receives or intends to receive instruction through our service.
(4) Teacher(s): Any individual registered on our Site who offers or intends to offer classes through our service.
(5) Class reservation: A reservation made between a Teacher and a Student governing the terms of the class.
(6) Class fee: The price of the class or services offered by the Company which the Student pays to the Company.
(7) Teacher fee: The price of the class which the Company pays to the Teacher.
(8) Site: The Internet Site offered under the domain LingoTalking.com and all subdomains thereof.
3. Notifications from the Company
(1) The Company shall communicate any information it deems appropriate to Teachers using E-Mail, attachments, and notifications posted through the Site. These notices shall be given from time to time when necessary.
(2) In the event the above mentioned notifications are sent through Site postings, emails, or attachments, they will be made effective from the time they are sent or posted unless stated otherwise.
(3) The Company shall post notifications on the Site for 1 week or more that aim at unspecified users using the service on the Site. Such notifications will be treated as notifications to individual users.
The Company will not accept an application if any of the following cases applies:
(1) Users must be over 19 years old and be able to make legally responsible decisions. If the User is a minor, the User is only allowed to use the service under the supervision of guardian. If the user fails to comply to the terms and is prohibited in the user’s country of residence, the user’s registration and the user’s right to use our services shall be terminated.
(2) Any falsity, misdescription, or input omission is found out in the content of the user registration application.
(3) The company deems that accepting registration will possibly hinder the Site technologically.
(5) Any other cases, that the Company deems inappropriate to accept User registration applications.
5. Privacy Law
(1) The Company will collect user’s personal information, limited to the necessity for providing the service. Users will provide information required for Class reservation (hereinafter known as “personal information”) to the Company.
(2) LingoTalking shall be done after the user’s agreement when posting the user’s personal information or when collecting or using the user’s information.
(3) Users should not disclose to anyone or use in any way the information they received about other Teachers or Students (herein after referred to as "Confidential Information") through this Service, irrespective of whether or not they are registered on the Site.
(4) The Company should not use or disclose collected personal information. In the case the Company deems necessary to provide such information to a third party, the Company will give prior notification to Users for permission.
(5) Users shall request modification of Personal information. The Company shall not use the Personal Information when the request is made.
6. Copyrights and content registered on the site
The user is responsible for all other forms of information uploaded to the profile page on our site. Users must not share Information that is obscene, false, or unintentionally incorrect, information that promotes illegality, or that does not own copyright, and also that may infringe on other persons' rights/patents/trusts/business secrets/persons' ownership. Users must not use various viruses which may camouflage or disguise the source of the content provided to us, or damage the software and hardware of other members or users' computers. Users must not commit any form of infringement on our service (Site), any form of obstruction of other users to access our service (Server), or any action that violates the laws of the country. If illegal acts are discovered or reported by other users, they will be forced to leave the service without prior notice. Such users agree not to receive any compensation or refunds for any payments paid by the user.
The Company shall use information uploaded by the user to the profile page of our website, and also other information uploaded to the web page (including information generated or derived from this information). The Company holds non-exclusive license rights with sublicense rights, such as use, disclosure, presentation, reproduction, modification, translation, distribution, and deletion, which shall be granted free of charge and will be permitted permanently. In addition, any information that we have obtained from the students pursuant to this section includes text, photos, videos, music, evaluation, and the profile page of the user. All information other than the personal information uploaded by the user on the site's profile page is included.
However, if the contents of the user’s posts (content, membership information, job placement/publishing materials) posted by the users are deemed unsuitable as a result of internal review of advertising, sensationalism, and falsehood, the users shall agree that the contents may be deleted or not exposed. In addition, users bear responsibility for the accuracy, completeness, and quality assurance of the information posted by the user. Users also assume responsibility for any financial problems that arise.
In the event of a third party infringement of intellectual property rights and ownership, you must agree that all of these responsibilities are solely for the user. When we have a notice to inform the members, we will send an email to the members. You must agree that LingoTalking has the authority of notifying users with various methods, such as via the website, SMS, Facebook Message/Posting, and Regular Mail.
(1) Users agree that any problems which occur between Teachers and advertisers shall be solved among the Users, advertisers, and others, when students participate in any promotional activity of advertisement or other agencies of advertisement posted on the website.
(2) Users agree that the Company hold the right to upload any form of advertisement and promotion of third parties on the Site.
(3) The Company assumes no responsibility for any action of people, including third parties, who Users contact through a link created by the advertiser or others, a website operated by the advertiser and others, and use of the website or software.
(4) Users agree to hold our Company blameless against any damage or loss arising from advertisement and other third parties to Users.
8. Purchase and Use of Lingco
(1) When Teachers ‘confirm’ the Class Reservation requested by Students, the amount of Lingco paid will be determined by the Teacher within the Company appointed limitation.
(2) Payments will be made through the following methods: transfer to a bank account, credit card, Paypal, or other methods specified by the Company.
(3) Lingco will be deducted from Student’s wallet at the time Student requests Class Reservation.
(4) Students agree to purchase a certain amount of Lingco that is specified by the company.
(5) The cost of Lingco will be the cost determined by the Company.
(6) Students use of Lingco is limited to paying Class Fee.
(7) Expiration date of Lingco is limited to a year from the day the Company issued Lingco to the Student. The existing Lingco will be extinguished at the time a year passes after the purchase.
(8) For any harm occurred by the false use of Lingco by a third party, the User who holds the Lingco will be responsible for such harm done. Users hold responsibility for the management of Lingco.
(9) Students agree that cancellation or refund of the purchased Lingco is not allowed except for the circumstances specified by the Company.
(10) The company may extinguish the Lingco or perform relevant action without prior notice to Students for any of following cases:
i) If the credit card of a third party was used for the payment of purchasing Lingco.
ii) If the purchase was made by a third party.
iiii) If the Student violates the reservation in addition to the items specified in each section.
v) Additionally, if the Company deems it necessary to remove points and take appropriate action.
(11) Students will not give, donate, or give right to use the Lingco to a third party.
(12) If the Students find out that their Password is being used by a third party without their consent, the Teacher should immediately inform the Company and act according to its directions.
(13) Students agree that Lingco shall not be re-issued for any reason including the false usage of Lingco by a third party.
9. Suspension of the Services
(1) The Company may temporarily suspend the Services without prior notice to Users due to maintenance or construction of communication facilities such as computers, interruption of communication, and other operational or technical aspects of our service.
(2) In the event that the service cannot be provided due to the switching of business items, abandonment of the business, or integration among business, a cash amount set by the company will be paid to the user for unused points.
10. Use of Communication Software
(2) Users must first download the Communications Software and make sure it works before registering on the Site.
(3) The Company will not assume any responsibility in cases where a Class could not be executed due to problems with the hardware or software under the User’s management and care.
(1) The Company guarantees no credibility, accuracy, certainty, reliability, availability, etc. of services and the Class. The Company assumes no responsibility and no warranty is made for any damage or loss in connection with this.
(2) The Student agrees to assess the quality, credibility, accuracy, certainty, reliability, etc. of the Class provided by Teacher. The Company assumes no responsibility for any damage or loss related to this.
(3) The Student must confirm the information of the Teacher profile, etc. prior to applying for Class Reservation. The Student shall contact the the Teacher directly for any inquiries regarding classes or the Teacher profile.
(4) The Company will not be held responsible for managing Classes provided by Teachers and mediation for the information shared between Teachers and Students.
(5) The Company assumes no responsibility for any forms of mutual information, file, commodity, etc. shared between Teachers and Students. The Company assumes no responsibility for Students for any damage or loss from such information.
(6) If a Teacher should sustain harm or damage from, or become involved in a conflict with another Teacher, Student or third party, all parties involved shall undertake to resolve the issues amongst themselves using their own resources. If the Company suffers damage from the aforementioned issue or conflict, the Company shall pursue compensation from the responsible parties. Such compensation may include, but is not limited to reasonable legal fees. The Teacher will also be held responsible for any costs which may include, but is not limited to, reasonable legal fees required to resolve the aforementioned issue or conflict.
12. Limitation of Liability
13. User Responsibilities
The user must not:
(1) Register false information on the Site or changing existing
(2) Use information of other people, i.e. Identity theft
(3) Inappropriately change information uploaded on the Site
(4) Transmit information or programs that are not approved by the Company
(5) Engage in activity or use information that causes defamation of a third party on the Site
(6) Engage in activity or use information that violates, or has the possibility of violating copyrights, trademark rights or intellectual property rights belonging to a third party.
(7) Upload violent messages, videos, voice records, or any other forms of information that are offensive to public order and established morals.
14. Ownership Restrictions and the use of Copyright
Users agree that copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights provided by LingoTalking are protected by applicable law.
LingoTalking trademark includes all designs used by LingoTalking, such as name, mark, brand, logo, design, and slogan.
Users agree not to distribute, copy, transmit, modify, disclose, post, or publicly display any of our materials and content unless expressly authorized by LingoTalking. Additionally, users shall not make material available to a third party or be used for other profit-making purposes.
Users agree not to sell adaptations, modifications, or materials and content derivatives.
Copyright and other intellectual property rights to the work created by The Site belong to LingoTalking.
Users shall use the Software protected by intellectual property and other laws as necessary to connect our services and other services.
15. Rights Ownership
The Company owns the rights including intellectual property rights to the Site and all information provided by The Company which may extend but is not limited to information sent by The Company using mail and other information provided (including video, text, photos, class materials, etc.), and shall be attributed to The Company unless otherwise defined.
16. Governing Law and Court of Jurisdiction
(1) A lawsuit concerning an e-commerce dispute between The Company and Users shall be made at the time of the complaint. If the User does not have an address, your jurisdiction should be in charge of the appeal.
(2) In the case of e-commerce litigation between The Company and Users, Korean law will apply.
(3) If a legal dispute arises between Teachers and Students, Korean law will apply.
17. Language of the Terms
18. Matters not covered in this Agreement
In the event a dispute arises between the Teacher and the Company, both parties shall attempt to resolve the matter through discussion based on the principals of good faith and fair dealing.
Students shall not conduct any of the following acts in relation to the use of The Service or Classes.
(1) Perform actions that are criminal or discriminatory in nature.
(2) Attempt any unauthorized access to other computer systems or networks that are connected to the Services.
(3) Post or send information that is not correct.
(4) Engage in activity or use information that violates, or has the possibility of violating copyrights, trademark rights or intellectual property rights belonging to other Students, Teachers, or a third party.
(5) Engage in activity that infringes, or has the possibility of infringing on the rights, property privacy, or publicity of other Students, Teachers or the Company.
(6) Send advertisements, promotional messages, chain-mail, invitations or any other mail to other Teachers, Students, third parties, or the Company which may be construed as unwarranted, unsolicited or offensive.
(7) Perform actions that interfere email transfer, sending chain-mail, invitations or any other mail to other Teachers, Students, third parties or the Company which may be construed as unwarranted, unsolicited or offensive.
(8) Engage in pyramid schemes or invite others to join such a scheme.
(9) Offer Services or exchange information of any kind that is obscene, pornographic in nature, or abusive to children.
(10) Engage in campaigning activity which violates the Public Offices Election Act.
(11) Use or disseminate computer viruses.
(12) Attempt a fraudulent connection to another computer system or network connected to our service.
(13) Violate laws or to be offensive to public order and morals (including but not limited to prostitution, violence, or savagery) in addition to the previous paragraph, or to put other Teachers, Students, third parties or the Company at a disadvantage.
(14) Compete with other Teachers, Students, or third parties of the Services, or introduce or render to others a service that can be competitive to the Company.
(15) Encourage or promote any of the mentioned behaviors.
(16) Any other behavior that the Company deems inappropriate.
20. Refund policy
(1) Students shall follow the Cancellation Policy in matters regarding the Class Reservation requests, cancellation, the cancelling and rescheduling of requests, change of Class schedule, and refund of the used Lingco.
(2) When Class Reservation is canceled after its acceptance due to the Company or the Teacher, the Student can request a refund of Lingco by the Company.
(3) When the Class is disrupted or believed to have been disrupted for more than 30% of the time promised only by the Teacher’s circumstance, the Student has the right to request a refund of the Lingco used for that class.
(4) The Company reserves the right to ask Teachers to provide additional information especially in the following situations:
i) If a Teacher or Student cancels or wishes to cancel a Class Reservation after its acceptance.
ii) If a Class was disrupted or believed to have been disrupted for more than 30% of the time promised in the Class Reservation.
iii) If the Company determines that the Teacher has violated the Terms of Service, or has the possibility of violating the Terms of Service.
iiii) If the Company deems it necessary for any other appropriate cause.
(5) If any of the cases above occurs, Teachers and Students will fulfill sincerity in investigation, and Teachers and Students will follow the judgement made by the Company.