Article 1: General Rules
These Terms and Conditions govern the use of the LIVE ENGLISH TIME service provided by liveenglishtime.com (the “Company”). By using the service, you, the “User,” agree to be bound by these terms. You also acknowledge that any help pages, guides, or other resources provided by the Company are an essential part of these Terms and Conditions.
The Company may modify these terms at its sole discretion without prior notice. Any changes will become effective upon being published on the service. Your continued use of the service after such changes means you accept the new terms.
The Company may record and store user inquiries and other information. If deemed necessary, the Company may also collect and store images and videos, including class scenes (collectively, “Information”). This Information is used solely for the proper operation and management of the service. By agreeing to these terms, you consent to the Company storing and using this Information for these purposes.
Article 2: Applicability
These Terms and Conditions apply to all information provided by the Company through methods such as the service’s application software or email. In the event of a separate agreement between you and the Company (a “Separate Agreement”), the Separate Agreement will take precedence over these terms.
Article 3: Registration
To use the service, you must register through a method designated by the Company. When you register, you must agree to and comply with the following:
• Follow the Company’s instructions for any recommended software.
• Ensure your communication environment is suitable for using the service.
• If you are a minor, you must get consent from a parent or legal guardian.
• Use the payment methods outlined in Article 7.
• Lessons are provided by subcontractors (the “Tutors”). The Company may send you notifications and other service-related information via email.
• Your registration is complete and approved once you receive a confirmation email from the Company. The Company reserves the right to refuse service, cancel your registration, or delete your account if:
• The registered user does not exist.
• You have previously violated the terms, been rejected, or had your service terminated.
• Your registration information is found to be false, incorrect, or incomplete.
• Your payment is refused by the designated payment service.
• You have created multiple accounts.
• You engage in any other behavior the Company deems inappropriate.
• You can start using the service on the “Starting Date,” which is the day your first payment is confirmed, as per Article 7. This does not apply to free trial lessons, as specified in Article 8.
Article 4: Handling of User Information
Before you can start using the service, you must provide specific information for registration (your “Registered Information”). You agree that the Company may automatically collect data from your device and a portion or all of the data you provide regarding your use of the service (the “Data”).
If your Registered Information or Data includes personally identifiable information (“PII”), the Company will handle it in accordance with its Privacy Policy.
You agree that the Company will only collect Data for the following purposes:
• Operating and managing the service.
• Responding to product and function inquiries.
• Processing your orders.
• Answering your questions.
• Communicating with you.
• Notifying you of updates and other service-related information.
• Managing your account.
• Providing technical support, including troubleshooting and fraud prevention.
• Conducting surveys and marketing for service promotion.
• Analyzing how the service is used.
• Improving and developing the service.
• Research.
• Complying with legal regulations or orders from public bodies.
• Ensuring the safety and integrity of all users, employees, and the service.
You also agree that the Company may outsource a portion or all of its operations to third parties, such as business partners or service providers.
Except for outsourcing as described above, the Company will not disclose your Registered Information to third parties without your prior consent. However, the Company may disclose this information without your consent if:
• Disclosure is legally required.
• Refusing disclosure would harm the public interest, and obtaining your consent is difficult.
• It is necessary to cooperate with national or local authorities to comply with the law, and seeking your consent would impede this cooperation.
• It is necessary for the Company to exercise its legal rights.
Article 5: Changes to User Information
You are responsible for keeping your Registered Information accurate and up-to-date. You must immediately update any changes through the methods the Company provides. The Company is not responsible for any damages, losses, or inconvenience resulting from your failure to update your information.
Article 6: Service Periods
Your service period (the “Usage Period”) is calculated in 30-day increments (the “Subscription”) starting from the Starting Date. Your Usage Period will automatically renew for another 30 days unless you cancel as specified in Article 7.
Article 7: Course Fees, Payments, and Refunds
You are required to pay the Service Fees and any relevant taxes for using the service through the designated payment methods on the LIVE ENGLISH TIME website.
For Subscription Plans:
• Usage Periods are 30 days long.
• To avoid automatic renewal, you must cancel your subscription through the method designated by the Company before the end of the current Usage Period.
• No refunds will be given after a payment has been made, unless the service is not provided due to a reason directly attributable to the Company.
For Personalized Programs:
• The Service Fees must be paid in full upfront.
• When a refund is issued for a Personalized Program, any promotional discounts or benefits will be canceled and deducted from the refund amount.
Promotions:
• The Company offers coupons, discounts, and other marketing campaigns (“Promotions”) at its own discretion.
• The Company is not obligated to give advance notice of Promotions.
• You are responsible for using Promotions in a timely manner. The Company is not responsible for reinstating or extending promotions if payments are interrupted.
Refund Policy:
• Within seven (7) days of the first payment: You can request a 100% refund if no lessons have been taken.
• After seven (7) days from the first or any subsequent payment: Payments are non-refundable unless there was a technical issue on the Company’s end. However, you may request to transfer your purchased classes to another person.
Article 8: Classes
You may purchase a “Personalized Program” in the form of a lesson ticket. These classes are valid for 30 days from the purchase date (the “Effective Period”) and this period will not be extended.
A refund for a paid lesson will only be issued if the lesson is not offered due to a reason directly attributable to the Company.
If a lesson is delayed by more than five (5) minutes due to the assigned Tutor’s fault, the Company will provide one make-up class. The Company will reasonably determine if the Tutor was responsible for the delay. This make-up class will be for the same type of lesson that was delayed and must be used within the original Effective Period, or it will become invalid.
Article 9: Free Trial Lessons
Upon completing your registration, you may receive a certain number of free trial classes (the “Free Class”), as designated by the Company. If the Company reasonably believes you have registered multiple accounts to take advantage of these free lessons or for any other inappropriate purpose, the Company may refuse to provide the Free Class.
Article 10: Lessons
Lessons are typically 25 or 50 minutes long and cannot be extended or interrupted. If you are late, your lesson will be shortened accordingly. If a lesson does not start within 15 minutes of its scheduled time, the Company may consider it an abandoned lesson and terminate it.
If you repeatedly miss lessons without notice or behave inappropriately, the Company may issue warnings or other notifications. The Company is not responsible for any damages or inconvenience caused by missed, unbooked, or unattended lessons.
If a lesson is shortened by more than five (5) minutes due to the assigned Tutor’s fault, the Company will compensate you with a Make-up Class as defined in Article 8-4. The Company will decide if the Tutor was responsible for the delay and is not obligated to explain its reasoning.
Article 11: Lesson Bookings
You can book lessons up to 30 days in advance, but no later than 12 hours before the scheduled start time. The maximum number of lessons you can book at once depends on your service plan. You can cancel a booked lesson up to three (3) hours before the start time via the designated method on the website.
The Company may cancel your booked lesson if the assigned Tutor is unavailable due to unavoidable reasons. In such cases, you will be compensated with a Make-up Class as described in Article 8-4. You agree that if a cancellation is not due to the Company’s fault, the Company can cancel the lesson at its discretion and is not required to explain the reason.
Article 12: Feedback
You may provide feedback (including evaluations and comments) on a lesson for up to 48 hours after it ends. Once posted, feedback cannot be revised, updated, or deleted. The Company may review feedback before displaying it and reserves the right to remove any inappropriate feedback from its social media accounts without notice or explanation.
You agree that the Company may use your feedback for promotional or publication purposes on the service’s social media accounts.
Article 13: Prohibited Behavior
You are prohibited from engaging in any of the following behaviors while using the service:
• Transferring, selling, or sharing your account or usage rights.
• Sharing your password or account information with third parties.
• Infringing on the intellectual property, privacy, or other rights of the Company, Tutors, or third parties.
• Engaging in illegal, immoral, or disruptive behavior.
• Using the service for your own business or commercial activities.
• Encouraging or promoting illegal behavior among other users or Tutors.
• Causing financial, emotional, or other harm to other users or Tutors.
• Committing a crime or behaving inappropriately during lessons.
• Consuming alcohol or smoking during lessons, or attending lessons while intoxicated.
• Being insufficiently or inappropriately dressed during lessons.
• Disclosing lesson content, recordings, or confidential information without permission.
• Soliciting Tutors to join other organizations (religious, political, etc.) or multi-level marketing schemes.
• Making personal contact with Tutors outside of the service.
• Recruiting Tutors for other companies or services.
• Using abusive language or aggressive behavior toward the Company or Tutors.
• Allowing others to use your account or participate in your lessons without permission.
• Creating multiple accounts.
• Requesting Make-up Classes for reasons not specified in Article 8.
• Repeatedly canceling or missing booked lessons.
• Attempting to get Tutor schedules or make arrangements outside of the service.
• Posting irrelevant or inappropriate comments, or intentionally giving false ratings.
• Making excessive inquiries or demands to the Company.
• Any other behavior the Company deems inappropriate.
The Company has the sole discretion to determine if a user’s behavior is prohibited and is not obligated to explain its reasoning. The Company is not liable for any damages or inconvenience resulting from its judgment, unless there is gross negligence. You are liable for any damages to the Company or a third party caused by your violation of these rules, even after your membership is canceled.
Article 14: Suspension, Interruption, and Cancellation
The Company may suspend or cancel your membership without notice if you:
• Do not improve your behavior after receiving a warning.
• Engage in any prohibited behavior listed in Article 13.
• Violate any of the Terms and Conditions.
• Fail to follow instructions from the Company or the assigned Tutor.
• Are reported for inappropriate behavior by an assigned Tutor.
• Engage in any other behavior the Company deems inappropriate.
No refunds will be issued if your membership is suspended or canceled for any of these reasons. The Company is not liable for any damages or inconvenience you suffer as a result of such a suspension.
Article 15: Cancellation of Membership
To cancel your membership, you must follow the process specified by the Company. Your membership will end at the conclusion of your current Usage Period, provided the cancellation is processed correctly.
If you cancel, you will lose all rights related to the service and cannot make any claims against the Company. You will remain liable for any damages or losses you caused to the Company or a third party while using the service, even after your membership is canceled.
Article 16: Notifications from Company
The Company will send notifications to the email address you registered on the LIVE ENGLISH TIME Account Information Page (your “Designated Email Address”). These notifications are considered received as soon as they are sent.
You are responsible for registering and maintaining a valid Designated Email Address and an environment that can receive emails from the Company. If you change your email address, you must update it immediately. The Company is not responsible for any damages you suffer due to an outdated or invalid email address.
Article 17: Service Interruption/Termination
The Company may, at its discretion, change, suspend, or terminate all or part of the service. The Company will notify you via the website or email. However, you acknowledge that the service may be interrupted or discontinued without notice due to reasons beyond the Company’s control, such as power outages or network issues.
The Company will make a reasonable effort to notify you in advance of any cancellations due to maintenance or other unavoidable reasons. In such cases, you agree that neither a refund nor a Make-up Class will be provided. The Company is not liable for any damages or inconvenience you or a third party suffer as a result of a service change or termination.
Article 18: Use of Live English Time Live
The service is provided through the Live English Time Live software (“Software”). By using the Software, you agree to:
• Comply with all relevant Terms and Conditions and guidelines.
• Prepare the recommended environment for the Software.
• Take full responsibility for using or installing the Software and for accessing any links, downloading any files, or using any other materials sent through the Software’s chat function.
• Acknowledge that the Company will not provide the service through any third-party communication tools, even if you request it. However, if the Software is unavailable, the Company may use Google Hangout as an alternative, and these terms will still apply. The Company may also, at its discretion and without explanation, choose to use other third-party software if necessary.
Article 19: User’s Responsibility
You are fully responsible for all of your actions related to the use of the service and for any consequences that result from them. You are liable for any damages or losses caused to the Company, its staff, Tutors, other users, or any other third parties due to your use of the service or your failure to comply with these terms.
Article 20: Copyright and Ownership
The copyright and ownership of all video recordings, pictures, voice recordings, trademarks, logos, and other materials (the “Intellectual Property Rights”) used in relation to the service belong to the Company or its licensors. You are prohibited from using, copying, or distributing this Intellectual Property without the Company’s approval. If you violate this article, the Company may take legal action, including claiming damages.
Article 21: Disclaimer
You agree that the Company is not liable for any damages or inconvenience caused by or related to the following situations:
• Your dissatisfaction with the service because you cannot book a lesson at a desired time, with a specific Tutor, or take a booked lesson.
• Lesson interruptions due to issues beyond the control of the Tutor or Company, such as power outages or network problems.
• Damages resulting from illegal access or modification of your information by third parties.
• The educational effectiveness, validity, accuracy, or authenticity of the service.
• Issues with third-party services or materials recommended by the Company.
• Problems you face due to an environment not recommended by the Company.
• Issues with third-party websites linked to the service.
• Service problems caused by the Software, third-party software, or other services provided by the Company’s partners.
• Your device being infected by a computer virus from files you open or download.
• Your inability to use the service due to a lost password or other reasons attributable to you.
• Any information on the website being incomplete, inaccurate, or unsafe.
Article 22: No-Guarantee
You agree that the Company does not guarantee:
• That you will be able to book lessons at your desired times or with a specific Tutor.
• That lessons will be educationally effective, valid, accurate, or suitable.
• That the service will function perfectly in the recommended environment.
• That any software or materials provided or recommended are safe.
• That all information provided during the service or on the website is complete, accurate, or safe.
• That third-party websites or their information are accurate or safe.
Article 23: Business Transfer
You agree that if the service is transferred to a third party, the Company may transfer all its rights and obligations under these Terms and Conditions, including your membership status, registered information, and other relevant data, to the new owner.
Article 24: Severability
If any part of these Terms and Conditions is found to be void, invalid, or unenforceable by a court, the remaining provisions will still be valid. In such a case, you agree that the invalid provision will be replaced with one that is as close as possible to the original intent.
Article 25: Service Date/Time Displays
All dates and times within the service, such as starting dates and payment deadlines, are based on the time zone of the service’s target country. Time is calculated according to the Company’s internal criteria.
Article 26: Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the country where Live English Time is based (the Philippines). Any disputes between you and the Company will be resolved exclusively in the courts chosen by Live English Time.