Terms and Conditions
Last updated: 15 July 2024.
1. Introduction
Welcome to VIP English Coach (“VIPEC”, “we,” “our,” or “us”). These Terms and Conditions govern your use of our website located at https://students.vipenglishcoach.com/terms-and-conditions/ (the “Site”) and any related services provided by VIPEC.
By accessing or using the Site, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access the Site.
2. Definitions
“Content” refers to text, images, photos, audio, video, and all other forms of data or communication.
“Your Content” refers to content that you submit or transmit to, through, or in connection with the Site.
“User Content” refers to content that users submit or transmit to, through, or in connection with the Site.
“Our Content” refers to content that we create and make available in connection with the Site.
“Third Party Content” refers to content that originates from parties other than us or our users, which is made available in connection with the Site.
“Site Content” refers to all of the content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Our Content.
3. Restricted Membership
3.1. Access to certain areas of the Site is restricted to registered members only.
3.2. To become a member, you must:
a) Be at least 5 years of age or older.
b) Complete the pre-registration interview and demo class to complete the registration process.
c) Agree to these Terms and Conditions and our Privacy Policy.
3.3. We reserve the right to approve or reject any membership application at our sole discretion based on the applicant’s age, language proficiency, and educational needs.
3.4. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4. User Accounts
4.1. You are responsible for maintaining the confidentiality of your account and password.
4.2. You agree to accept responsibility for all activities that occur under your account.
4.3. You must immediately notify us of any unauthorized use of your account or any other breach of security.
4.4. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
5. Course Content and Intellectual Property
5.1. All course materials, including but not limited to text, graphics, videos, and audio content, are designed for a range of age groups from 5 years old to adults over 70 and tailored to different proficiency levels.
5.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent.
5.3. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Our Content for personal, non-commercial purposes.
5.4. Our name, logos, product and service names, designs, and slogans are trademarks of VIPEC. You must not use such marks without our prior written permission.
6. User Conduct
6.1. You agree not to use the Site:
a) In any way that violates any applicable national or international law or regulation.
b) To transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
c) To impersonate or attempt to impersonate VIIPEC, a VIPEC team member, another user, or any other person or entity.
d) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site.
e) To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site.
6.2. We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any breach of these Terms and Conditions.
7. User Content
7.1. You retain any and all of your rights to any Content you submit, post, or display on or through the Site and you are responsible for protecting those rights.
7.2. By posting Content on the Site, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content on our Site and in all media.
7.3. You represent and warrant that:
a) You own the Content or have the right to use it and grant us the rights and license as provided in these Terms.
b) The posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
8. Payments and Refunds
8.1. Course fees are payable in advance and are non-refundable unless otherwise stated in our Refund Policy.
8.2. We reserve the right to change our course fees at any time.
8.3. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.
8.4. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.
9. Third-Party Links
9.1. The Site may contain links to third-party websites or services that are not owned or controlled by VIPEC.
9.2. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
10. Disclaimer of Warranties
10.1. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site.
10.2. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
11. Limitation of Liability
11.1. To the fullest extent permitted by applicable law, in no event will VIPEC, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
a) Your access to or use of or inability to access or use the Site.
b) Any conduct or content of any third party on the Site.
c) Any content obtained from the Site.
d) Unauthorized access, use, or alteration of your transmissions or content.
11.2. Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
12. Indemnification
12.1. You agree to defend, indemnify, and hold harmless VIPEC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site.
13. Governing Law
13.1. These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.
13.2. Any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of South Africa.
14. Changes to Terms
14.1. We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes by updating the date at the top of these Terms and by maintaining a current version of the Terms at https://students.vipenglishcoach.com/terms-and-conditions/.
14.2. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
15. Severability
15.1. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
16. Entire Agreement
16.1. These Terms and Conditions, our Privacy Policy, and our Refund Policy constitute the entire agreement between you and ESCSA regarding your use of the Site.
17. Contact Information
17.1. If you have any questions about these Terms, please contact us using one of the methods available on our Contact page.
By using this Site, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.