Online Terms and Conditions of Use
Terms and Conditions of Use
These Terms and Conditions of Use (hereinafter referred to as “the Terms”) establish the agreement between the user and QQEnglish regarding the user’s use of all services (hereinafter referred to as “the Services”) provided on the “QQEnglish” service platform (hereinafter referred to as “the Site”) operated by QQEnglish. The term “user” refers to individuals who have applied to use this service, have been approved by QQEnglish, and have obtained user credentials, as well as individuals who wish to register as users (hereinafter referred to as “User Applicants”), including cases where QQEnglish has entered into a contract with an organization (hereinafter referred to as “Affiliated Organization”) to provide this service to the members of said organization.
Article 1 (Scope and Amendment of the Terms)
- These Terms shall apply to the use of the Services and shall be binding upon QQEnglish and the user. The user shall faithfully comply with these Terms when using the Services.
- In addition to the provisions set forth herein, QQEnglish may establish separate terms and conditions (hereinafter referred to as “Additional Terms”) for each specific service. In the event of any discrepancy between these Terms and the Additional Terms, the provisions of the Additional Terms shall prevail and apply.
- The Additional Terms, help guides, and other websites provided by QQEnglish to explain the Services shall, unless otherwise specified, constitute part of the Terms applicable to the Services.
- QQEnglish may amend the Terms without obtaining the user’s consent. The amended Terms shall be displayed on QQEnglish’s website or the Site and shall become effective after a period of seven (7) days from the date of posting. Users are deemed to have agreed to the amended Terms in advance and acknowledge that the amended Terms shall apply to all users.
- Users who use the Services after QQEnglish has amended the Terms shall be deemed to have accepted the changes.
Article 2 (User Registration)
- User Applicants shall complete the user registration process in accordance with the procedures specified by QQEnglish, as well as other procedures designated by QQEnglish.
(1) Read through these Terms thoroughly and agree to be bound by their contents, then proceed with the user registration using the method specified by QQEnglish.
(2) For paid services, agree to make payment for the usage fees through the payment methods specified by QQEnglish.
(3) Accurately enter the required information, including name, email address, and any other necessary details for user registration, on the user registration screen.
- The user registration process shall be deemed complete upon notification of acceptance from QQEnglish via email in response to the application in the preceding paragraph. QQEnglish reserves the right to deny the registration of user applicants if any of the following reasons apply. In the event that any of the following reasons become apparent after user registration, QQEnglish may delete the user registration at that time.
(1) The user applicant does not exist.
(2) The user applicant has already completed user registration.
(3) The user applicant has had their user qualifications suspended or revoked in the past due to violations of these Terms or other reasons.
(4) False information was provided to QQEnglish during the user registration process.
(5) The user applicant may hinder the smooth operation of the Services.
(6) The user applicant’s designated bank account or credit card has been suspended or faces the possibility of non-payment.
(7) The user applicant is associated with organized crime groups, anti-social forces, or similar entities, or there is suspicion thereof as determined by QQEnglish.
(8) The user applicant is a minor, an adult under guardianship, a person under conservatorship, or an assistant who lacks the legal capacity to enter into contracts without the consent of a legal representative, as determined by QQEnglish.
(9) There is a risk of competition with QQEnglish. (10) QQEnglish deems it inappropriate to include the User Applicant as a user for any other reason.
Article 3 (User Qualifications)
- User Applicants who follow the user registration process in accordance with Article 2 and successfully complete user registration after obtaining approval from QQEnglish shall acquire user qualifications.
Article 4 (Notification of Changes in Registered Information)
- When QQEnglish needs to notify users regarding the Services, it may do so by sending an email to the email address registered by the user. Users are responsible for ensuring that they have configured their email settings to receive emails from QQEnglish.
- The notification in the preceding paragraph shall be deemed to have reached the user upon transmission by QQEnglish. QQEnglish shall not be held responsible for any failure to receive the email due to the user’s email settings or incorrect registration.
- If there are any changes to the information provided by the user during the user registration process, the user shall promptly notify QQEnglish of such changes using the designated method specified by QQEnglish. However, changes to items that QQEnglish has specified as non-modifiable cannot be made unless approved by QQEnglish, except for initial registration information.
- QQEnglish shall not be liable for any disadvantages or burdens incurred by the user as a result of the user’s failure to provide the notification specified in the preceding paragraph.
Article 5 (Handling of User Information)
- Users shall consent to the registration of their personal information in the databases managed by QQEnglish, as well as QQEnglish’s affiliated companies and its contractor, Great English Corporation (located at 8th Floor Skyrise 4, Cebu IT Park, Apas, Cebu City, Philippines 6000), and Shanghai QuickCool Network Technology Co., Ltd. (located at 6F, Qingsongcheng Business Building, No. 8 Dong’an Road, Xuhui District, Shanghai), and to the use of their personal information for the purposes stated in the preceding paragraph.
- In the following cases, QQEnglish may disclose or provide personal information to third parties:
(1) When user consent has been obtained.
(2) When disclosure or provision is requested by public authorities.
(3) When providing information in a form that does not allow individual identification.
(4) When requested by the affiliated organization.
- The user’s Romanized full name will be treated as publicly available information on the Site. Users understand that they may be addressed by their full name by the teachers during lessons and agree to provide their real name during user registration and throughout their continued use of the Services.
Article 6（ID and Password Management）
- Users shall use the ID and password (Both can be changed by user’s procedure) set by the user during the user registration process when using the Services.
- Users shall be responsible for the management of their ID and password as stated in the preceding paragraph and shall not allow third parties to use their ID or password.
- Users shall bear the responsibility for any damages caused by inadequate management of their ID and password, errors in use, or unauthorized use by third parties, and QQEnglish shall not be held responsible.
- If there is suspicion that the user’s ID is being used by a third party, the user shall immediately contact QQEnglish and follow QQEnglish’s instructions.
Article 7（Service Fees）
- The usage fees for the Services shall be as stated on the Site, and users shall prepay the usage fees for the paid services in accordance with the methods specified by QQEnglish. However, in the case where corporations, educational institutions, or other entities enter into separate agreements with QQEnglish or its authorized agents to use the Services, the provisions regarding usage fees and payment in these Terms shall not apply, and in such cases, the terms of the respective agreements shall take precedence.
- If any cost is required to settle the usage fee, the user shall bear the cost.
- Upon completion of the user registration process , users may utilize the Services provided by QQEnglish upon approval by QQEnglish.
- QQEnglish reserves the right to change the usage fees or introduce new fee structures at any time, after giving notice through postings on the Site or via email or other communication tools to the users.
Article 8（Service Provisions）
- Users shall agree to and comply with the following service provisions:
Equipment for Service Usage
(1) Users shall, at their own responsibility and expense, prepare computer equipment or other devices with performance equal to or exceeding the specifications set by QQEnglish. Users shall also install and configure the software designated by QQEnglish on their devices and establish a communication environment that meets the conditions specified by QQEnglish for service usage.
(2) Users acknowledge and agree in advance that the provision of the service requires them to operate the designated software or application provided by QQEnglish, as well as to send and receive data through the software or application.
- Lesson System
Users can utilize the service by paying the usage fees specified separately by QQEnglish using the following methods:
(1) Users can apply for a paid plan in advance and reserve lessons within the designated usage frequency or points for the effective period of the purchased plan. Users may also purchase additional points or participate in promotional plans.
(2) Lesson reservations are considered confirmed once they are reflected in the reservation system provided by QQEnglish on the user’s account.
(3) Points or similar benefits granted by QQEnglish have an expiration date as determined by QQEnglish. Once the expiration date passes, they will become invalid.
- Lesson Cancellations and Disruptions
(1) In the event that QQEnglish is unable to conduct a scheduled lesson due to unavoidable reasons such as teacher’s illness or resignation, QQEnglish may cancel the lesson or provide a substitute teacher. In such cases, QQEnglish will refund the points or similar benefits used for the reservation in accordance with the criteria determined by QQEnglish, grant additional points or benefits, or conduct the lesson with a substitute teacher. However, QQEnglish shall not be liable for compensating users for any damages incurred beyond this.
(2) If the user fails to respond to communication from the teacher or others within approximately 15 minutes after the scheduled lesson start time, QQEnglish may consider the lesson canceled due to the user’s convenience and may cancel the lesson. In this case, QQEnglish will not provide any compensation to the user.
- Refunds and Returns
(1) After users purchase points or similar benefits, QQEnglish will not refund the fees for any reason unless QQEnglish terminates the service that utilizes such points or benefits.
(2) If the service does not comply with the Terms, QQEnglish may provide substitute lessons or grant points or similar benefits, but refunds will not be provided.
- Cancellation of Lesson Reservations by Users Users can cancel their reserved lessons following the methods specified by QQEnglish. In such cases, users may be eligible for a refund of the points or similar benefits used for the reservation according to the criteria determined by QQEnglish.
- System Failure or Inability to Attend Lessons
(1) System failure caused by the Site In the event that a system failure caused by the Site results in a lesson duration of less than 20 minutes, the corresponding points or credits shall be refunded to the user. In such cases, the user must notify QQEnglish within 48 hours after the lesson, providing their username, the period of time they were unable to attend, and the teacher’s name, following the specified method of notification, such as email. After investigating and confirming the situation, QQEnglish will refund the applicable points or credits only if the system failure is recognized. This investigation, confirmation, and point refund process may take several days.
(2) System failure caused by the user No refund of lesson points or credits will be provided if the user is unable to attend a lesson due to system failure caused by their own device or network.
(3) System failure caused by third-party software In the case of using software operated and provided by entities other than the Site, such as Skype, if the user is unable to attend a lesson due to system failure caused by that software, no refund of lesson points or credits will be provided.
- Service Availability and Service Days
(1) Service hours The service hours of this service shall be as stated on the website. The service provider reserves the right to change service hours by notifying users through the website, without prior notice.
(2) Holidays The service provider will designate holidays based on weekends, public holidays, year-end and New Year holidays, or holidays in the Philippines. QQEnglish reserves the right to change the holiday schedule of the service by notifying users without prior notice. Please note that QQEnglish will not provide the service on holidays and will not offer any compensation for this.
- Service Restrictions To ensure smooth service provision, QQEnglish may impose restrictions or changes on the number of lesson reservations by users.
- Service Monitoring By using the service provided by QQEnglish, users agree in advance to the recording and audiovisual capturing of their lessons by QQEnglish. The recording and capturing are for purposes such as instructing and evaluating teachers, improving service quality, managing and checking network conditions, and other objectives of this agreement. Except for cases where cooperation is required for investigations by public authorities, the recordings and captured content will not be used for any other purposes.
Article 9（User's Responsibility）
Users shall comply with the provisions set forth in these Terms and shall also adhere to the following:
(1) Users shall not utilize the Service provided by QQEnglish for any illegal purposes.
(2) Users shall abide by the rules, policies, and procedures generally observed on the internet, in addition to these Terms, since the Service is provided via the internet.
(3) Users shall not transfer, use, sell, change ownership, or encumber in any other way the rights held as a member of the Service to any third party.
(4) In the event of disputes arising between users and credit card companies, intermediaries for advances, or other parties involved in payments related to the Service, users shall strive to resolve such disputes directly with the respective parties.
Article 10 (Prohibited Actions by Users)
- Users shall not engage in the following acts or acts that may be feared in using this service:
(1) Acts that infringe upon the rights of QQEnglish, this website, or this service.
(2) Defamation, slander, or acts that harm the honor, reputation, or credibility of other users, third parties, QQEnglish, or its staff.
(3) Acts that cause economic or mental damage or disadvantages to other users, third parties, QQEnglish, or its staff.
(4) Acts related to election campaigns, religious activities, or similar activities.
(5) Acts related to self-promotion.
(6) Acts contrary to public order and morals.
(7) Acts that violate laws or acts that may violate laws.
(8) Acts that obstruct the operation of this service.
(9) Criminal acts or acts that lead to criminal acts.
(10) Acts of using this service for business activities, commercial purposes, or their preparation, similar to this service.
(11) Acts of disseminating false information.
(12) Acts, other than those approved by QQEnglish, that involve financial transactions, buying and selling, gifting, assuming identities, or any other acts that may or may potentially generate interests with other users, the QQEnglish staff, or teachers.
(13) Acts judged to have a negative influence on minors.
(14) Threatening, obscene, indecent, behavior lacking decency, verbal abuse, or acts that cause disgust to other users, third parties, QQEnglish, or its staff.
(15) Acts of posting, disclosing, providing, or sending through this service things that lead to discrimination or are problematic from an ethical perspective to others.
(16) Acts that harass teachers or hinder the progress of lessons through misconduct.
(17) Acts of prying into the employment conditions of teachers or confidential information of QQEnglish.
(18) Acts of soliciting teachers to work for services or companies that may be competitive with QQEnglish.
(19) Acts of attempting to contact teachers personally, including sending emails, regardless of online or offline methods.
(20) Acts of uploading recorded or audio lessons to the internet or providing them to external third parties.
(21) Acts of duplicating, transmitting, reprinting, or providing teaching materials provided by QQEnglish to third parties.
(22) Acts of allowing third parties to use user information or benefits granted by QQEnglish.
(23) Acts of requesting lessons, language education, instruction, or similar acts from teachers or QQEnglish staff outside of this service.
(24) Any other acts deemed inappropriate by QQENglish.
- If QQEnglish determines that a user has performed or is likely to perform the actions described in Paragraph 1, QQEnglish may restrict or prohibit the user from using all or part of this service without prior notice or consent.
- Even if a user incurs any damages due to the actions described in Paragraph 1, QQEnglish shall not be held liable for any responsibility.
- In the event that a user violates these Terms and causes damage to QQEnglish or third parties, the user shall be liable for compensation, and in the case of causing damage to third parties, the user shall fully release QQEnglish from liability.
- If QQEnglish compensates for damages to third parties on behalf of the user, the user shall immediately pay QQEnglish an amount equivalent to the compensation.
- Users shall bear the responsibility to compensate for damages incurred by QQEnglish due to the actions described in Paragraph 1. Furthermore, this liability for compensation shall remain valid even after the user’s withdrawal from the service.
- In the event that the user fails to pay a monetary obligation to QQEnglish, the user shall pay a late payment penalty of 14.6% per annum from the day following the date of payment of such monetary obligation to the date of completion of payment.
Article 11 (Withdrawal)
- Users who do not wish to use the paid services may suspend their eligibility to use the paid services (hereinafter referred to as “suspension”).
- If a user wishes to suspend their account, they must notify QQEnglish of their intention to suspend via the designated email or other methods specified by QQEnglish. The suspension will be effective upon completion of user verification by QQEnglish.
- If a user has an outstanding balance of reserved points (holding a negative point balance), QQEnglish will not accept the suspension request unless the user offsets the borrowed points by purchasing points for the following month or through additional point acquisition methods.
- Upon suspension, the user will lose all rights and privileges related to points and other paid services.
- Users who do not wish to continue using the service may cancel their membership (hereinafter referred to as “withdrawal”).
- If a user wishes to withdraw, they must notify QQEnglish of their intention to withdraw via the designated email or other methods specified by QQEnglish. The withdrawal will be effective upon completion of user verification by QQEnglish.
- Upon withdrawal, the user will lose all rights and privileges related to the use of the service and will not acquire any claims or rights against QQEnglish.
- Even after withdrawal, QQEnglish may continue to use the registered information for its business purposes.
- Users acknowledge in advance that if they have any objections to the provisions or changes to the terms of this agreement, or if they have objections to the content of the service, the only recourse available to them is to terminate the use of the service and withdraw from membership.
Article 12（Cancellation or Non-approval of User Qualification）
- If a user falls under any of the following reasons, QQEnglish may suspend the user’s use of the service, or suspend or withdraw the user from membership, without providing any prior notice or warning: (1) If it is discovered that the user falls under any of the reasons specified in Article 2 Paragraph 2 or Article 10 Paragraph 1. (2) If the user modifies the information provided through the service without obtaining consent from QQEnglish. (3) If the user uses the service for fraudulent purposes. (4) If the user interferes with the operation of the service, regardless of the means used. (5) If contact with the member becomes impossible via telephone or email. (6) If the user is deemed ineligible by QQEnglish. (7) If the user has not used the service for one year. (8) If unforeseen communication obstacles occur that cannot be resolved when using the service. (9) If the user fails to fulfill their payment obligations to QQEnglish. (10) If the user violates any provisions of these Terms.
- If a user is suspended or withdrawn by QQEnglish, the user shall immediately pay the full amount of their debts to QQEnglish. Furthermore, except as approved by QQEnglish, QQEnglish shall not be obligated to refund any fees or payments already made.
- QQEnglish may invalidate the user’s ID, password, and other credentials upon suspending or withdrawing the user.
- QQEnglish shall not be held responsible for any damages incurred by the user or third parties as a result of exercising the measures specified in Paragraph 1.
Article 13（Interruption or Suspension of the Service）
- QQEnglish may interrupt or suspend the service at its discretion, either by providing advance notice through publication on the Site or by sending a notification to the users by other methods. However, in urgent and reasonable circumstances as determined by QQEnglish, the service may be interrupted or suspended without prior notice to the users.
- QQEnglish shall not be held responsible for any disadvantages or damages incurred by users or third parties due to the occurrence of interruptions, suspensions, or similar events related to the service.
Article 14（Conducting Surveys and Information Distribution）
Article 15（Disclaimer of Warranty）
- The user explicitly agrees to use the service at their own risk. QQEnglish does not provide any warranties regarding the content of teachers’ statements, the service’s content, its availability, accessibility, or usage conditions. The user is responsible for verifying the accuracy, authenticity, accessibility, etc., before commencing use.
- QQEnglish does not guarantee the following:
(1) The ability to make reservations for desired lessons or the scheduled implementation of reserved lessons.
(2) Continuation of lessons provided by specific teachers or specific curricula.
(3) Service content, results, or learning effectiveness meeting the user’s requirements.
(4) Whether information sent by the user will reach QQEnglish’s computer system or whether the information received by QQEnglish’s computer system is identical to the information sent by the user.
(5) Timely provision of the service.
(6) The information the user obtains through the service is accurate and reliable (complete, applicable, current, useful, and does not contain information that may be objectionable to the user).
(7) Support or service provision during the specified hours as stated on the website or email.
(8) Absence of any defects in the service.
- QQEnglish does not guarantee that the actions taken by teachers through the service will meet the user’s objectives.
- In the case of goods or services (excluding the service itself) purchased on the website that do not conform to the terms of the contract, QQEnglish will provide alternative goods or services but will not issue refunds.
- Except as stated in the preceding paragraph, QQEnglish does not provide any warranties regarding goods or services (excluding the service itself) purchased on the website.
- Notwithstanding the provisions of the preceding paragraph, if the user qualifies as a “contractor,” QQEnglish shall compensate the user for actual damages suffered directly up to the purchase price of the goods or services that caused the damage, due to reasons attributable to QQEnglish’s responsibility. However, in cases where QQEnglish’s intentional or gross negligence causes damage to the user, QQEnglish shall provide appropriate compensation within the limits permitted by law.
- Any advice or information obtained by the user directly from QQEnglish or from teachers through the service does not constitute a guarantee beyond what is stipulated in these Terms. Users shall utilize such advice and information at their own risk.
- QQEnglish does not provide any warranties for any damages arising from or related to the following circumstances:
(1) Temporary shortage of available lessons due to sudden increase in user numbers, teacher resignations, or communication disruptions on the side of the Republic of the Philippines.
(2) Inability to reserve lessons during specific desired time slots.
(3) Inability to reserve lessons with specific desired teachers.
Article 16（Ownership of Rights）
- All intellectual property rights, including but not limited to rights of likeness, copyrights, and ownership rights, related to the images, materials, layouts, designs, structures, systems, and all other aspects of this service, belong to QQEnglish.
- By using this service, the user does not acquire any intellectual property rights over this service or the accessed content.
- The copyright of photographs and videos taken by QQEnglish with the user’s consent belongs to QQEnglish. QQEnglish has the right to use these materials, without restrictions, for any purpose, now and in the future.