A. USE OF ENGLISH NINJAS KIDS BY CHILDREN
FOR CHILDREN RESIDING IN U.S.:
If the user is under the age of 13, the verifiable consent of user’s parents is needed per The Children’s Online Privacy Protection Rule (COPPA Rule). ENGLISH NINJAS might use various methods for verifiable consent (as provided in detail at https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online-privacy-protection-rule-six-step-compliance#step4) including receiving online payments through a credit card, debit card, or other online payment system that provides notification of each separate transaction to the account holder.
If the user is under the age of 18, the user will not be able to use English Ninjas Kids unless the user’s parents granted the permission to do so. Therefore, the account and its management belong to the parents. The User represents and warrants that User is of legal age to agree to these terms and conditions or User has its parents’ permission to do so, and that all registration information User submits (including any details you submit for a parent or guardian) is accurate and true.
English Ninjas Kids service users are deemed to have accepted the following terms:
2-All services and contents in the website and mobile application hereby belong to ENGLISH NINJAS, INC.…………………. (shall be hereafter referred as; ENGLISH NINJAS) located in 2711 Centerville Road, Suite 400, Wilmington, New Castle County, Delaware, 19808USA and shall be operated by this Company.
3-User hereby accepted that he is subject to the below given terms and conditions during using the services supplied in the website and mobile application, he/she is entitled to and has legal capacity and power to sign contract according to the applicable laws and over 18 years old, has read and comprehended this contract and bound by the terms of this contract.
'' Service '': means the types of service- not limited with them - which provides children the opportunity for practice during the session either in English or in further foreign languages through a consultant over an interactive video or platform of which the software in the website or mobile application has been developed by ENGLISH NINJAS’ and/ or the relevant sub- software licenses and their rights have been acquired by ENGLISH NINJAS.
''Consultant” : is the third and real persons which have an agreement with ENGLISH NINJAS in order to practice either primarily in English or in any other foreign language with the user over the website or mobile application.
"Package": is the limited video packages which are purchased by the member for the supply of Service for a fee under the tariff and conditions specified in the website and mobile application and which provide a specific minute and/ or time communication opportunity with the consultant as per the feature of the package.
“Session”: is the session which involves all types of video and/ or audio interaction in which the member and consultant meet under an virtual environment so that the service could be supplied to the member and of which its period is determined by the selection of one of the packets supplied by ENGLISH NINJAS.
“Video”: is the integration of audio and images having digital feature obtained during the session between the member and the consultant.
7- RIGHTS AND RESPONSIBILITIES OF THE PARTIES REGARDING THE USE OF SERVICE:
-ENGLISH NINJAS reserves its right to make alterations on the product and Services which are offered with the prices indicated in the website and mobile application, at any time.
-ENGLISH NINJAS hereby accepts and undertakes that; the User shall be allowed to utilize the Services which comprise the subject of the service contract except technical defects and force major conditions.
-User hereby accepts in advance that; he shall not act reverse engineering during the use of the website and mobile application or shall not act in any manner in order to find and reach the source code thereof otherwise he shall be responsible for the losses to born before 3rd parties and he shall be subject to legal and penal procedures in this respect.
-User hereby accepts that; he shall be solely responsible for the losses to incur due to wrong and deficient misinformation he provided during his membership process to the website and mobile application and ENGLISH NINJAS may terminate its membership unilaterally without prior notice in case of his misinformation and violation of the contract.
-User hereby accepts that; as regards his activities in the site and mobile application, in any part of the site or regarding his communications, in the sessions made with the consultant, he shall not act and make declarations against general ethics and morality, against law, in the manner harming personal rights, in misleading, aggressive, explicit, pornographic manner, against copyrights, in the manner involving racist and hate approaches, in the manner encouraging illegal actions and he shall not produce and share such kinds of contents. Otherwise, he shall be fully and exclusively responsible for the losses to occur in this respect, and in such a case ENGLISH NINJAS officials may suspend, terminate such accounts and reserve their rights to pursue legal proceedings. For this reason, in case of any information requests regarding event and user accounts from the judicial authorities; ENGLISH NINJAS reserves its right to share such information with these authorities.
-ENGLISH NINJAS do not provide equipment to access the Service. User‘s access to website or mobile application, his internet connection for service supply and services for (sms) shall be provided by the user itself through the operators and service suppliers which the user is subscribed to and internet connection and SMS fees shall be paid by the User.
-User is liable to maintain necessary hardware and devices which provide internet connection in order to be capable of using the Service and so that the Service may provide the utility as expected and to operate these instruments in due form. ENGLISH NINJAS shall not be responsible for any deficiency, failure, irregularity, error and/ or damage in connection with the internet and electronic communication or for any mistake and / or damage thereof or for the delays sourced from the devices which are used by the user for internet connection.
-User hereby accepts, declares and commits in advance that; his unique purpose for attending the session is to make practice and improve in English and/ or any other languages preferred by the member and the service shall not be used for further purposes.
-Users hereby accepst that; on this platform, accounts will not be frozen for any period of time.
-User hereby accepts, declares and commits in advance and irrevocably that; he shall abstain from any illegal actions against the consultant during the session as per international contracts, applicable laws and further legislation and shall not act in this way, he shall comply with public decency during the session with the consultant, he shall abstain from any kind of wrongful acts against the consultant and shall not act in this manner.
-USER accepts and declares that ENGLISH NINJAS in its sole discretion reject, refuse the post or remove any part of User’s content and reserves the right to restrict, suspend, or terminate the access to the service at any time, for any reason, with or without a notice and will not be liable.
-Supply of the Service depends on whether the consultant is available or not at the time when the user wishes to attend the session. Consultants may announce in the website and mobile application whether they are available or not or the time and day which they are available to provide Service. User hereby accepts, declares and undertakes in advance and irrevocably that; the consultant which he personally prefers may not be available for every time and he is aware of that ENGLISH NINJAS has no liability to enable to consultant to provide service every day and every time.
-For enabling the service to be provided in better quality and to improve the Service ‘s efficiency as expected, consultant may take written notes during the session about the performance of the member, the training level of the foreign language which he wishes to practice and develop and further information regarding the member.
-ENGLISH NINJAS is not liable to direct the user’s communication with other users and consultant or to intervene to the subject communication. ENGLISH NINJAS, within the scope of the service, without giving any guarantee or commitment thereof, has provided to the user technical and technologic platform and tools so that the user shall not communicate with the users and/ or consultants which he does not wish to communicate and he shall be capable of obstructing those undesired contacts. Accordingly, the user shall be able to make a restriction as he wishes to do.
-ENGLISH NINJAS is not responsible for pecuniary losses and intangible damages arising out of disputes between the user and other users and consultants. ENGLISH NINJAS shall be never kept responsible neither directly nor indirectly for the consequences to born against the use within the scope of this article.
-User is not allowed to use the website, mobile application and service for commercial purpose and action including the sales, marketing, advertisement and introduction of any product, goods and/ or service, but not limited with the foregoing actions. User is not allowed to collect any personal information from other users and consultants for commercial or other purposes, including e- mail, telephone number, address.
-The User acknowledges and agrees that he will pay the fee of the subscribed package and the fees of the package will be charged from the User’s credit card each package period automatically unless the User closes the auto renew option. The User may close auto renew option and cancel the account at any time; however, there are no refunds regarding the previous period for cancellation since service provided by ENGLISH NINJAS is within the scope of services which are executed instantly and the user paid the service fee is not entitled to use its right of withdrawal. Purchased time and subscribed packages are not refundable; however, in the event of the User closing the auto renew option, any other fees will not be charged.
-In the event the user has been mistakenly charged for minutes not purchased, the user may request a refund.
-The User acknowledge and agrees that any credit card and related billing and payment information that is provided to ENGLISH NINJAS may be shared by ENGLISH NINJAS with its affiliates or any other companies who work on its behalf or with, such as third-party payments processors.
8-INTELLECTUAL PROPERTY RIGHTS
-All registered or non- registered intellectual property rights in this site and mobile application, such as trade name, trade mark (including but not limited to ENGLISH NINJAS trade name), patent, logo, design, information and procedures, belong to the site operator and its owner ENGLISH NINJAS’, and its licensors or to the relevant person specified thereof and such intellectual property rights and the Services are protected within the scope of national and international law, including United States copyright law. Visiting this website / mobile application and/or utilization of the services in this site/ mobile application do not assign any right within the scope of intellectual property.
-ENGLISH NINJAS grants the User a limited personal, non-exclusive, non-transferable licence to use the Service for personal and non-commercial use. ENGLISH NINJAS reserves the right to terminate this license at any time for any reason.
-Contents, product pictures, logos, drawings, models, videos, formats included in the site and mobile application are not allowed to be copied, multiplied, published, submitted and/ or transferred. Site / mobile application , either completely or partly, may not be used in another internet site without permission. In such a violation, user is liable to compensate the losses to occur in this respect.
10-RECORDS AND SECURITY
-User should submit correct, full and updated record information. Otherwise, this contract shall be deemed to have been violated and user’s permit for making operation may be revoked without a further notice.
-User is personally responsible for his password and account security which is used for his access to the website and mobile application. Otherwise, ENGLISH NINJAS shall not be kept responsible for the probable data losses and security violations or for the damages of the hardware and devices.
-User hereby accepts that; he must notify ENGLISH NINJAS immediately of any breach of security or unauthorized use of his account. ENGLISH NINJAS will not be liable for any losses caused by any unauthorized use of account.
11- GOVERNING LAW
-In case the parties care not able to fulfill their liabilities born from the contract due to various reasons which are not under their control such as; natural disasters, fire, explosions, civil wars, wars, rebels, civil commotions, proclamation of mobility, strike, lockout and epidemics, communication infrastructure and internet failures, power cut (shall be referred as ; force major” completely, below), parties shall not be liable for such non- fulfillment. Within this process, parties’ right and liabilities born from this contract shall be suspended.
-In case any of the terms of this text becomes invalid either completely or partially, the remaining part of the terms shall remain in force.
-ENGLISH NINJAS may alter the Services offered in this website and the terms of the contract either partially or completely whenever wishes to do so. Such amendments shall be effective as of the date they are published in the website. It is user’s responsibility to follow up the amendments. User, by continuing to utilize the services provided, shall be deemed to have accepted such amendments.
-All notifications whether such notifications are required by law or are for marketing or other business related purposes to be sent to either parties in relation with this terms and service contract shall be sent to ENGLISH NINJAS’ e-mail address which is already known and to the user’ s e- mail address specified in the membership form. User accepts that; the e- mail address indicated during relevant process and his address declared by him therein are his valid notification address and he shall immediately inform the new address in case of any change thereof, otherwise the notifications sent to these addresses shall be effective.
-Parties’ records and documents and computer records and fax records shall be accepted as evidences for all kinds of disputes that may arise out of this contract between the parties, and the user hereby accepts that he is not allowed to object against these records.
If you have any questions or concerns about our Services or these Terms, you may contact with us at: firstname.lastname@example.org