Part 1: TERMS OF SERVICE
We may change the Terms of Service at any time, as we reasonably deem appropriate. Upon any change in the Terms of Service, we will post the amended agreement on the Site. Your continued access and/or use of the Site following such posting shall constitute your affirmative acknowledgement of the modification and your agreement to abide and be bound by the Terms of Service, as amended. If at any time you choose not to accept the Terms of Service, including following such posting or notification of any modifications hereto, then you agree to no longer access or use the Site.
Our Site is an online platform for verbal English language learning, on or through which members seeking to improve their conversational English skills (“Students”) may converse directly with native English-speaking members (“Instructors”) by purchasing English language lessons therefrom and participating in such lessons via audiovisual conferencing technology embedded in the Site and may engage related services (the “Services”). Students and Instructors are hereinafter referred to collectively as the “Members”. A limited amount of the Site’s content is viewable without registering with us, but to access the majority of the Site and actively partake in the Services you must register as a Member.
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by the Terms of Service. You agree that WeblishPal will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
As part of the registration process, you will create a username and password. The username and password that you provide are your credentials (“Credentials”) for accessing the Services that are only available to Members. You warrant that all information provided during registration process is accurate and complete. You are entirely responsible for maintaining the confidentiality of your Credentials. You are prohibited from using the account, username, email address or password of another Member at any time and from allowing anyone else to use your Credentials. If at any time you suspect any unauthorized use of your Credentials, you agree to notify WeblishPal immediately by emailing us at: firstname.lastname@example.org. You are solely responsible for any and all use of your Credentials.
You may use the Site and the Services for lawful purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to the Site, any of the Services, Member accounts or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
WeblishPal reserves the right to terminate the account of any Member who engages in any of the foregoing or for any other reason in its sole discretion. WeblishPal may take any appropriate legal action, including without limitation, referral to law enforcement and implement any technical remedies, including without limitation, termination of the account of any Member to prevent the violation of this provision and to enforce the Terms of Service.
As part of the Services, WeblishPal may offer Members the opportunity to submit, post, publish, transmit, communicate, display or otherwise distribute textual, graphic and/or audiovisual content with other Members on the Site and/or in real-time via the Services, which may feature their likenesses, voices, appearances and/or performances on or through the Site (hereinafter, “Published Content”). We reserve the right to remove any Published Content from the Site in our sole discretion. We are not, however, responsible for any failure or delay in removing Published Content. Likewise, by accepting or allowing you to provide Published Content to the Site, WeblishPal is not obligated to use, display or make available to the public Published Content, and we reserve the right not to do so for any reason in our sole discretion. If you have a question as to why your Published Content was not published on the Site or was removed from the Site, please contact us at: email@example.com.
You represent and warrant that you have the right to and hereby do grant WeblishPal, its contractors, and all users of the Site and/or Services an irrevocable, perpetual, non-exclusive,
WeblishPal assumes no responsibility for inappropriate Published Content, which may be posted on or transmitted via the Site and/or Services and no responsibility for the conduct of the Member submitting such inappropriate Published Content. In addition, WeblishPal does not endorse or recommend the opinions, information or instruction expressed or provided in or by any Published Content. In addition, you acknowledge and agree as follows:
WeblishPal reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation removing the offending content or communication from the Site, terminating the membership of and blocking use of the Services and/or the Site by such violators, and/or reporting such content or activities to law enforcement authorities.
Except for your Published Content, all of the content available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and/or a third party and is protected, as applicable, by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain WeblishPal’s proprietary information. We give you permission to use the aforementioned content in connection with the Services and for personal purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site and the Services. You may print, download and store information from the Site for your own convenience, but you may not copy, distribute, republish, sell or exploit any of the content or exploit the Site or Services, in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, WeblishPal does not grant you any express or implied rights, and all rights in the
On or through the Site, Instructors may offer certain Services which Students may purchase for a corresponding set of fees (the “Fee Services”). In order to purchase Fee Services, Students must first purchase WeblishPal points (“Points”) through the Site, which can then be exchanged on the Site for Fee Services.
The total cost associated with any Points that a Student selects to purchase shall be due and payable immediately upon sale and must be remitted using the third party payment-processing services Alipay, available at www.alipay.com (“Alipay”) or PayPal, available at www.paypal.com (“PayPal”) (collectively, the “Payment Processors”). Instructors must register a PayPal account with the Site and payments owing to Instructors in return for delivering Fee Services on the Site shall be remitted to the Instructor’s registered PayPal account.
All sales and purchases of Points and Fee Services transacted on or through the Site are subject to the Terms of Service and the additional terms and conditions of the Payment Processors. Please review all such Payment Processor policies carefully before purchasing Points or
registering to provide Fee Services. Concerns related to payment-processing in connection with any Payment Processor should be directed to the appropriate Payment Processor, and WeblishPal bears no responsibility for Payment Processors’ payment-processing services and makes no warranties, express or implied, as to the Payment Processors’ services. [Sales tax will be added to subtotals in calculating the total cost of any Points, according to applicable local, national and international tax law.] A Student who purchases Points and provides his or her checking account, debit or credit card information in connection therewith, hereby agrees to be responsible for the total cost of the Points and authorizes the Payment Processors to debit such amount from his or her checking or card account, as applicable, and authorizes WeblishPal to transfer such funds to the appropriate Instructor as payment for Fee Services, as designated by WeblishPal.
Students and Instructors acknowledge and agree that WeblishPal is entitled to retain a portion of all funds remitted by Students to purchase Points that are then exchanged for Fee Services, as compensation for operating the Site and managing the Services and underlying technology (the “WeblishPal Return”). Instructors shall receive payment for Fee Services in the amount specified at the time of registration to provide a Fee Service. Students and Instructors represent and warrant that all information provided in connection with the provision or purchase of any Points or Fee Services is true, accurate and complete. All payments for Points are non-refundable. In the event that Fee Services have been purchased with Points and the Fee Services do not take place, upon request only and at WeblishPal’s sole discretion, we will refund the Points used to purchase the said Fee Services. Any and all attempts to modify or amend these costs and/or WeblishPal Returns are null and void, unless agreed to in writing by a duly authorized agent of WeblishPal.
By registering as an Instructor, you represent and warrant that (i) you are fluent in the English language; (ii) you are ready, willing and able to converse with Students in English and to provide Students with conversational English language instruction; and (iii) you agree to do so to the best of your ability, in a professional and workmanlike manner. WeblishPal makes no warranties or representations as to the reliability, capability, proficiency or qualifications of any Instructor or the quality, accuracy, security or legality of any Services with which an Instructor is associated. WeblishPal expressly disclaims any and all liability relating thereto.
The Site may contain advertisements and/or links to other Web sites (“Third Party Sites”). These links are provided solely for the convenience of our users. WeblishPal does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements on the Site or the content of any Third Party Site or any products or services advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites, or install any applications, software or download content from any such Web sites, you do so at your own risk. Once you access a Third Party Site through a link on the Site, you may no longer be protected by
Certain of the Services may have additional terms, such as policies, guidelines, and rules that will further govern your use of that particular Service and supplement the Terms of Service. If you choose to register for or use any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
The WeblishPal Services are provided “AS-IS,” with “ALL FAULTS” and “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WEBLISHPAL MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WEBLISHPAL DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR,
OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
IN NO EVENT SHALL WEBLISHPAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBLISHPAL SERVICES OR LINKED SERVICES, EVEN IF WEBLISHPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. WEBLISHPAL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO WEBLISHPAL FOR THE WEBLISHPAL SERVICES DURING THE TERM OF MEMBERSHIP OR (B) $100 CANADIAN DOLLARS.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of the Terms of Service by you or any third party using your Credentials of any intellectual property or other right of any person or entity.
such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and WeblishPal’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
You agree that: (i) the Site and Services shall be deemed solely based in Ontario, Canada; and (ii) the Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over WeblishPal, either specific or general, in jurisdictions other than Ontario, Canada. These Terms of Service shall be governed by the internal substantive laws of the Province of Ontario, Canada, without respect to its conflict of laws principles. Any controversy, claim or dispute between you and WeblishPal that arises in whole or in part from the Site and Services shall be decided exclusively by final and binding arbitration to be conducted by an arbitration tribunal in Ontario, Canada. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the Terms of Service to anyone else and any attempt to do so shall be null and void.
If you are at least 13 years of age but under the age of 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. Any and all use of the Site or Services by anyone under the age of 13 is strictly prohibited. Membership on the Site is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein. The Site is administered in Ontario, Canada; any use outside of Canada is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Site or the Services.
The relationship between and among you, WeblishPal and the other WeblishPal Members is one of independent contractors. WeblishPal does not in any way supervise, direct or control work performed by or on behalf of any of our Members. You are prohibited from representing that you have any authority to assume or create any obligation, express or implied, on behalf of WeblishPal or from representing WeblishPal as agent, employee or in any other capacity, except as specifically provided herein. Each member is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, and all other requirements applicable to the purchase and sale of services from and by independent contractors.
Last updated September 5, 2011
Copyright © 2011 WeblishPal Inc. All rights reserved.
We are committed to protecting your privacy and subscribe to the privacy principles set out in the Government of Canada’s Personal Information Protection and Electronic Documents Act, which guides us in the collection, use, retention and disclosure of your personal information.
Minors under the age of 13 may not use the Site. We do not collect or maintain information from anyone known to be under the age of 13, and no part of the Site is designed to attract anyone under the age of 13.
share certain information, you may not receive the full benefit of being a WeblishPal User.
We collect two types of information about Users: Personally identifiable information and non-personally identifiable information.
Personally identifiable information is information that identifies a specific User. When you engage in certain activities on the Site, such as registering, creating a profile, entering a contest or sweepstakes, ordering a product or service, submitting content and/or posting content in discussion forums, filling out a survey, posting a review,
sending us feedback, requesting information about our services, applying for a job, (collectively, “Identification Activities”), we may ask you to provide information about yourself. It is optional for you to engage in an Identification Activity. If you elect to engage in an Identification Activity, however, we may ask you to provide us with personally identifiable information such as your name, mailing address, email address, telephone number and date of birth. Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity.
Non-personally identifiable information is information that does not identify a specific User. This type of information may include things like the Uniform Resource Locator (“URL”) of the Web site you visited before coming to our Site, the URL of the Web site you visit after leaving our Site, the type of browser you are using and your Internet Protocol address. We, and/or our authorized third party service providers (“Third Party Service Providers”) may automatically collect this information when you visit our Site through the use of electronic tools like cookies and web beacons or pixel tags. We may use non-personally identifiable information to troubleshoot and administer the Site, allow other Users to find you through a search, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities in Canada and other jurisdictions around the world. We may also share your non-personally identifiable information with our authorized Third Party Service Providers to measure the overall effectiveness of our online advertising, content, and programming.
We may use small files called cookies which are sent to your web browser and stored on your computer's hard drive. Cookies allow you to carry information across the Site without having to re-enter it and enable us to analyze web traffic and improve our online services. Cookies cannot be used to identify you. Most browsers automatically accept cookies, but you may be able to modify your browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts of the Site may not work properly.
We may use Third Party Service Providers to display advertisements on the Site. As part of their service, they may place separate cookies on your computer. We have no access to
We may use other industry standard technologies like pixel tags and web beacons to track your use of the Site pages and promotions, or we may allow our Third Party Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on our Site, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on our Site, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our affiliates and/or marketing partners for the same purposes.
We may use non-personally identifiable information to analyze inquiry, request and usage patterns so that we may enhance our services and the Site. We reserve the right to use and to disclose non-personally identifiable information to third parties at our discretion.
Our employees or contractors with a business need to know, or whose duties reasonably so require, are granted access to personally identifiable information. Personally identifiable information that is no longer required to fulfill the identified purposes will be destroyed, erased or made anonymous.
We may share your personally identifiable information for our protection and the protection of others. WeblishPal cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud, theft, harassment and other rights. We can (and you authorize us to) disclose any information about you, including the content of your online communications, if we believe in good faith that such disclosure is necessary to: (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) protect or defend the rights or property of WeblishPal or third parties; (c) assist in an investigation; or (d) respond to an emergency that poses a threat to the safety of Users or other persons.
We retain personally identifiable information for only as long as required to fulfill the identified purposes for which it was collected or as required by law. When you register on the Site, archived personally identifiable information that you have provided will not ordinarily be erased unless and until your entire account on the Site is deleted, and even then we may retain some or all of your information on back-up files; provided, however, we assume no obligation or guarantee to archive any information and do not warrant that any archived information will later be made available to you.
We make reasonable efforts to keep personally identifiable information in our possession or control accurate, complete, current and relevant, based on the most recent information available to us.
When you register on the Site, you create your own profile (“Profile”) and privacy settings. Your Profile may include personal information, such as your personal interests, gender, age, nationality, education, employment history and occupation. Your Profile information will be displayed on the Site and will be visible to the public. If you include personal information in your Profile you should be aware that such information can be read, collected, or used by other Users, and could be used improperly and for purposes that you may not intend. Please remember that any information disclosed in the course of using the Site becomes public information; accordingly, you should exercise caution when deciding to disclose your personally identifiable information or any other personal information. We cannot ensure that your identity, telephone number, work or home address and other personal information will not be discovered by other Users of the Site. We are not responsible for the personal information, including any personally identifiable information, you choose to include in your Profile or otherwise disclose to other Users through your use of the Site, or for others’ misuse of such information.
You may modify or remove any of the information in your Profile at any time by logging into your account and making the desired changes. For technical reasons, any modifications or deletions which you request may take a short period of time to take
effect. If you change or delete any of your personal information, we will remove the old or deleted information from public view; however, we may
Users communicate with each other on the Site through onsite mail and live video lessons. While we do not, as a rule, moderate or monitor Users’ private exchanges, we reserve the right to do so at our sole discretion. We reserve the right to edit, delete, or remove any communication or content anywhere on the Site, at any time, at our sole discretion.
WeblishPal is a public forum. You should be aware that information which you voluntarily include and transmit online in a publicly accessible forum such as a WeblishPal may be viewed and used by others without any restrictions. We are unable to control such uses of your information, and by using the Site you assume the risk that the information provided by you may be viewed and used by third parties for any number of purposes.
The Site may enable you to integrate with certain third party sites and services, such as social networking services, through features such as Facebook Connect, Facebook “Like” buttons and otherwise. These features may enable integration and/or access to your social networking accounts. WeblishPal does not control your social networking profile, modify your social networking privacy settings or establish rules about how your personal information on the social networking services is used. You are encouraged to
read all policies and information on the applicable social networking services to learn more about how they handle your information before using any such features made available to you on the Site. We are not responsible for any acts or omissions by any social networking service provider or its platform.
Attn: Privacy Issues Officer
Last updated September 5, 2011
Copyright © 2011 WeblishPal Inc. All rights reserved.