MANAGERIAL KINGDOM PTE. LTD. (hereinafter referred to as "the Company") establishes these Terms of Service (hereinafter referred to as "the Agreement") for applicants and users (collectively referred to as "the User" or "the Users") of the online English conversation service (hereinafter referred to as "the Service") provided on the website "Lovely-talks.com" operated by the Company. The User must agree to this Agreement and the Company's separately defined Privacy Policy (regarding the handling of personal information). The Company shall consider that the User has agreed to all the provisions of this Agreement at the time the User applies for registration to the Service.
Article 1 (Scope of the Agreement)
The scope of application of this Agreement includes the website (hereinafter referred to as "the Website") provided by the Company on the Internet, as well as information transmitted by the Company to the User via email or other means.
Definitions used in this Agreement are as follows:
Article 2 (Registration for the Service)
The User must strictly manage their password and other related information. The Company may consider the use of the Service by the User as valid and authorized if the inputted password and other registered information match during login.
The User must not allow a third party to use their password or other related information. Transferring, lending, or any other form of provision to third parties is also prohibited.
In the event that the User forgets their password or suspects unauthorized use by a third party, the User must promptly notify the Company and follow the instructions provided. The User shall be obligated to compensate for any damages resulting from delays in such notification.
Article 3 (Modification of Registration Information)
If the User determines that changes are necessary in their registration information, they shall promptly proceed with the change procedure for the registration information through the means specified by the Company. The Company shall not be held responsible for any damages incurred as a result of the User's delay in completing the change procedure.
Article 4 (Prohibited Actions)
Article 5 (Penalty Provisions)
In the event that the Company determines that the User has engaged in prohibited actions as stipulated in Article 4, the Company may, without prior notice or communication, impose the following penalties on the User, regardless of the provision of the Service: suspension, interruption, or termination of the use of the Service, or cancellation of registration.
If the User receives penalties based on the preceding paragraph, the Company shall not refund any fees already paid by the User.
In the event of personal disputes between the User and the Instructor during or outside of the lessons, the Company shall not be held responsible.
If the User causes damages to the Company or third parties as a result of violating the provisions in the preceding paragraph, even after withdrawing from the Service, the User shall bear all legal responsibilities and be obligated to compensate the Company for any damages incurred, without exception.
Article 6 (Notification by Email)
Even if the User has set up a refusal to receive notifications via email from the Company, the Company shall be deemed capable of sending emails when transmitting important information regarding the Service.
Notifications sent by email shall be considered completed upon dispatch to the designated email address.
The User must modify the settings and allow the receipt of emails from the Company (Domain: lovely-talks.com) to the designated email address.
In the event that the User does not receive emails from the Company due to errors or inaccuracies in the designated email address or failure to modify the receipt settings, the Company shall not be held responsible for the non-delivery. Furthermore, the User shall be obligated to compensate for any damages incurred as a result of such non-delivery, and shall not hold the Company responsible under any circumstances.
Article 7 (Use of the Service)
① Zoom
The User must agree to the following conditions when using Zoom:
Compliance with Zoom's terms and guidelines. Downloading, installing, and familiarizing oneself with Zoom before using the Service. Taking full responsibility and bearing the cost for downloading, installing, configuring, and using Zoom. Understanding that the Company assumes no responsibility for any malfunctions or issues with Zoom's features that occur after the start of the lesson. Assuming full responsibility when receiving files sent by the instructor via Zoom's chat function or when opening URLs outside of the website. Acknowledging that the Company is not obligated to provide support or respond to inquiries regarding services offered by Zoom. Installing the recommended version of Zoom as recommended by the Company. Allowing the User's registered Zoom account to be displayed on the Service's reservation page for the purpose of providing lessons.
The User may use the Service upon receiving notification of acceptance via email from the Company after completing the account registration as stipulated in Article 2, Clause 1 of these Terms and Conditions.
After completing the account registration, the User may commence using the Service from the date (hereinafter referred to as the "Commencement Date") when the initial payment of the usage fee, as specified in Article 12 of these Terms and Conditions, is confirmed by the Company's system.
Article 8 (Fee Plans)
A plan that allows the User to take lessons every day based on the number of lessons specified separately by the Company (hereinafter referred to as the "Daily Plan"). A plan that allows the User to take lessons monthly based on the number of lessons selected by the User from among those specified separately by the Company (hereinafter referred to as the "Fixed-Number Plan").
Article 9 (Lessons)
A lesson is defined as a duration of 25 minutes. The lesson time shall not be interrupted unless otherwise specified.
If the User fails to respond to a Zoom prompt from the Company or the assigned instructor ("Assigned Instructor") at the start time of the lesson or if the User does not enter the lesson room, the Company may consider the User absent from the lesson and terminate the lesson.
If the User engages in any prohibited acts as stipulated in Article 4 of these Terms and Conditions or if the Company deems it appropriate, the Company may terminate the lesson.
For the improvement of lesson quality, some lessons may be recorded. The User acknowledges and agrees in advance that their lessons may be recorded by the Company.
Article 10 (Reserved Lessons)
The User may use reserved lessons. A reserved lesson is considered confirmed once it is reflected in the User's reservation status on the Service.
The User must acquire reserved lessons no later than 30 minutes before the scheduled start time of the lesson.
In addition to the above, the User must comply with the rules separately established by the Company on the website.
Article 11 (Usage Fees and Payment Methods)
The User shall pay the Company the usage fees specified separately by the Company as compensation for using the Service. The User shall bear the consumption tax and any other additional taxes imposed on the usage fees.
The User shall pay the usage fees for the Service to the Company using the payment method specified by the Company.
Unless the User cancels their membership as stipulated in Article 14 of these Terms and Conditions, the usage fees will be automatically renewed for each contract period of the following subscription plans (hereinafter referred to as the "Subscription Plans") to which the User has subscribed, under the same conditions:
(1) Basic Plan: Contract period of 1 month (2) Standard Plan: Contract period of 1 month (3) Premium Plan: Contract period of 1 month
The usage fees for the Service shall be paid in units of the contract period mentioned in the preceding clause, and once paid by the User to the Company, the usage fees shall not be refunded for any reason. However, this provision does not apply if the Service is not provided due to reasons attributable to the Company.
Coins purchased by the User on the website (hereinafter referred to as "Purchased Coins") shall be valid from the purchase date until the next contract renewal date. Unused coins as of the next contract renewal date shall become invalid. Coins obtained by the User through methods other than purchase (hereinafter referred to as "Service Coins") shall be valid from the date of granting until the next contract renewal date. Unused coins as of the next contract renewal date shall become invalid.
Additional lessons purchased by the User on the website (hereinafter referred to as "Additional Lessons") shall be valid for 30 days from the purchase date. After 30 days have elapsed, the Additional Lessons shall become invalid.
Article 12 (Validity Period of the Service)
The available period for using the Service shall be based on the date of the usage start (e.g., if the usage start date is January 15, it shall be every 15th of the month) and shall be calculated in units of one month (hereinafter referred to as the "Usage Month"), corresponding to the number of months applied for in the contract application.
The available period for using the Service shall not be interrupted for any reason.
The available period for using the Service can be extended by paying the usage fees.
Article 13 (Cancellation of Membership)
The User shall submit a cancellation request through the method specified by the Company. Upon successful completion of the cancellation process without any deficiencies, the User shall lose their eligibility to use the Service. The cancellation process shall be considered complete at the time when the Company confirms the cancellation request and sends a notification via email or other means.
The cancellation request can be made at any time. However, unless a cancellation request is made before the day prior to the end of the contract period of the subscribed plan, the automatic renewal of the usage agreement will be carried out.
Upon completion of the cancellation process, the User shall lose all rights related to the Service and shall not make any claims against the Company.
The User shall bear all legal responsibilities for any damages caused to the Company or any third party due to their own actions related to the Service, even after the completion of the cancellation process.
Article 14 (Handling of Registration Information)
The Company shall use the User's registration information solely for the purpose of providing the Service.
The Company shall not disclose the User's registration information to any third party without the User's prior consent, except in the following cases:
Article 15 (Suspension or Termination of the Service)
The Company may suspend or terminate the Service by giving prior notice through posting on the Service or sending an email to the User. In the event that the provision of the Service becomes difficult due to unavoidable circumstances, such as domestic or international political situations, natural disasters, server malfunctions, or other unavoidable reasons, the Company may suspend the Service without prior notice.
The Company shall notify the User in advance through the Service or email of any suspension of the Service or reduction in the availability of offered lessons due to public holidays in the instructor's home country. The User acknowledges and agrees in advance that they may not be able to use the Service on public holidays in the instructor's home country or that the availability of lessons may be significantly reduced.
Article 16 (Liability for Damages)
If the User violates these Terms and Conditions, the Company may claim compensation from the User for any direct or indirect damages or losses caused by the violation.
Article 17 (Copyright and Ownership)
The copyright and ownership of trademarks, logos, descriptions, content, and other materials related to the Service belong exclusively to the Company. The User shall not engage in any acts beyond the scope of using the Service, such as using the trademarks without the Company's prior explicit consent, reproducing, modifying, or replicating them, or reprinting them in magazines or other websites.
If the User violates the preceding paragraph, the Company may take various actions under the Copyright Act, Trademark Act, and other relevant laws (such as warnings, lawsuits, claims for damages, requests for injunctions, requests for reputation restoration) against the User.
Article 18 (Disclaimer)
The User agrees in advance that the Company shall not be liable for any damages arising from or related to the following matters:
Article 19 (Date and Time Display in the Service)
In the Service, the dates and times of the usage start date, payment deadlines, application deadlines, and other events shall be based on Japan Standard Time (GMT+9:00).
Article 20 (Amendment of the Terms and Conditions)
The Company may amend the Terms and Conditions without providing any prior notice to the User. The amended Terms and Conditions shall take effect upon being posted on the Service or when the Company sends information to the User via email or other means. The User agrees in advance to this method of change.
Article 21 (Governing Law and Exclusive Jurisdiction)
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Singapore. The Company and the User agree in advance that the courts of Singapore shall have exclusive jurisdiction as the court of first instance for the resolution of any disputes arising or related to the Service or these Terms and Conditions.