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Terms and condition

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: The lessons provided through the Service on the Internet shall be referred to as "Lessons. “The instructors providing English conversation lessons through the Service shall be referred to as "Instructors. “The email address listed in the User's registration information for the Service shall be referred to as the "Designated Email Address. “The instructor assigned to a particular Lesson shall be referred to as the "Assigned Instructor. “The act of reserving Lesson time in advance with the Assigned Instructor shall be referred to as a "Reserved Lesson."

Article 2 (Registration for the Service)

The User shall apply for registration to the Service through the means specified by the Company. In doing so, the User must confirm and agree to the following matters regarding the registration for the Service: Confirm that the communication environment is suitable for using the Service. If the User is a minor, obtain the consent of their legal guardian or authorized representative. Acknowledge that the Instructors providing the English conversation service may include employees, part-time workers, or contract workers of the Company. Consent to receiving notifications, advertisements, surveys, and other communications related to the Service via email. Acknowledge that the Company may record, record, and store the User's inquiries and other contact details for the purpose of improving the quality of customer support. The email address, password, or other information (hereinafter referred to as "Password, etc.") used by the User for the registration of the Service shall be available for use within the Service. If the User falls under any of the following reasons as determined by the Company, the Company may refuse the registration application or cancel the registration, even if it has already been completed: The User is determined to be non-existent or there is a risk of non-existence. There is a risk of multiple accounts being registered by the same person, or multiple accounts have been registered. False, incorrect, or missing information was provided during registration. At the time of application, the User has received or is currently subject to temporary account suspension, forced withdrawal, or rejection of membership contract application due to violation of the membership agreement, or has experienced such actions in the past. The payment information provided by the applicant as a payment method has been deemed invalid by the payment company. The User has previously neglected to make payment for services. The User is a minor, an adult under guardianship, a ward, or a person under assistance, and has not obtained the consent of a guardian or legal representative at the time of registration. In other cases where the Company deems the User unsuitable as a user of 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)

The User must not engage in the following actions when using the Service:

Transferring, using, selling, changing the ownership, pledging, or providing as collateral the right to use the Service to a third party. Transferring, lending, or allowing a third party to use their password or other related information. Infringing upon the Company's reputation, credibility, copyrights, patents, utility model rights, design rights, trademark rights, portrait rights, or privacy.

Engaging in illegal activities or activities that violate public order and morals.

Engaging in actions that obstruct the operation of the Service.

Using the Service for commercial activities, profit-seeking purposes, or preparations thereof. Encouraging or promoting illegal activities to other Users or Instructors of the Service. Engaging in actions that cause economic or mental damage or disadvantage to other Users or Instructors of the Service. Engaging in criminal activities or activities that lead to criminal acts. Harassment actions, disruptive behaviors, or any form of harassment that hinders the progress of lessons, such as harassing the Instructor. Inquiring about confidential information, including the employment conditions of the Instructors, call center location, internet connection, or other confidential information that the Company has not generally disclosed. Engaging in solicitation of religious, political organizations, multi-level marketing, or similar activities to the Instructors. Attempting personal contact between the User or their representative and the Instructor, whether online or offline. Encouraging Instructors to work for services or companies that compete with the Company. Engaging in verbal abuse, threats, or actions that hinder the progress of customer support operations against the Company's Instructors and customer support staff. Using a single account with multiple users.

Registering multiple accounts. Allowing two or more individuals other than the User to participate in a single lesson. Participating in a lesson while intoxicated. Engaging in acts that involve excessive exposure of the skin or cause discomfort or burden to the Instructor, such as wearing revealing costumes or appearing in underwear. Publishing or potentially publishing the content, images, videos, or audio of the lessons without the Company's permission. Engaging in lesson activities without text input, audio logs, or video logs. Engaging in any other actions deemed inappropriate by the Company. The determination of whether an action falls under the prohibited actions in the preceding paragraph shall be at the discretion of the Company. The Company shall not be responsible for explaining its judgment in this regard.

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)

The User may utilize the Service through the following communication method. However, the User acknowledges that one of the communication methods may not be available depending on the communication environment of the instructors.

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)

The term "plan" refers to either of the following:

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"). The Fixed-Number Plan, as defined in the preceding clause, generally refers to the User taking the selected number of lessons within one month.

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: When required by law or when it is necessary to cooperate with government agencies, local authorities, or persons entrusted by them in the performance of duties prescribed by law. When necessary for the protection of a person's life, body, or property, and it is difficult to obtain the person's consent. When taking necessary measures, including legal measures, against the User's violation of the terms of use.The Company shall handle information that falls under "personal information" in accordance with the Privacy Policy.

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: Inability to use the Service satisfactorily. Insufficient number of provided lessons due to a sudden increase in the number of users or reasons stated in Article 16, Paragraph 2 of these Terms and Conditions. Inability to obtain a reserved lesson at the desired specific time slot.

Inability to obtain a reserved lesson with the desired specific instructor.

Cancellation of lessons due to reasons stated in Article 16, Paragraph 1 of these Terms and Conditions or power outages and communication failures in the instructor's country. Unauthorized access, unauthorized alteration, or acts by third parties that cause unauthorized access or unauthorized alteration to the User's messages or data.

Learning effectiveness, validity, accuracy, truthfulness, etc., of the lessons provided through the Service. Effectiveness, validity, safety, accuracy, etc., of services or teaching materials of other companies introduced or recommended by the Company in relation to the Service. Damages caused by virus infection or other issues resulting from files received or opened at the User's own responsibility during the lesson.

Inability to use the Service due to the User's negligence, such as loss or inability to use passwords. Completeness, accuracy, currency, safety, etc., of all information provided through the Service or linked destinations.

Content and use of websites operated by third parties other than the Company, which are linked to or from the Service.

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.