IELTS Speaking Assistant  

TERMS OF USE

Effective Date: July 1, 2016

 

1. Description of Terms of Use

The IELTS Speaking Assistant mobile application, developed by Virtual Education OU, contains a rich array of content which is accessed through any device, medium or entity now known, or hereafter invented. The IELTS Speaking Assistant service and marketplace (collectively, “IELTS Speaking Assistant”, or “The Service”) are operated by Virtual Education (“Us”, “We” or “The Company”). By in any way accessing or using the service, you (“The User”) agree, warrant and represent, regardless of whether or not you are a current or former user of IELTS Speaking Assistant, that you have read and understood, or otherwise equivalently perceived and comprehended, these terms and conditions, henceforth “Terms of Use”, and that you agree to be bound to them legally. We reserve the right to modify, elaborate, remove or add to some or all of the conditions preserved here within these Terms of Use, at our sole discretion and without further notice. All such changes will be posted directly to this page; with the date of the most recent modification to these Terms of Use at the top of the page. Your continued use of the Service after any such changes constitutes your acceptance of these new Terms of Use and it is your sole responsibility to keep up to date with any such changes. You understand and agree that the Service is provided “AS-IS” and that Virtual Education OU assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings, or content.

You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or mobile phone charges). You are responsible for those fees. Furthermore, Virtual Education OU is not responsible for the provision of hardware or power necessary to access to our services.

2. Privacy Policy

We take our users’ privacy extremely seriously. Any personal information that you provide to us is subject to our Privacy Policy, which can be seen at http://virtualeducation.ee/privacy_policy.html . You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

3. Proprietary Rights in IELTS Speaking Assistant; Limited License

All content available through the Service, including, but not limited to, text, graphics, pictures, designs, cartoons, video, music, sound and other files, as well as their selection and arrangement in both space and time, as well as any applications and software is the proprietary property of the Company with all rights reserved. The Company’s prior written permission is required for any and all of the following, which are otherwise expressly forbidden: the modification, copying, distribution, downloading, reproduction, republishing, display, framing, posting, transmission, or sale in any form or by any means, in whole or in part, of all.

You are granted as an Eligible User a limited license to access and use the IELTS Speaking Assistant’s Content for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not upload or republish the IELTS Speaking Assistant’s  Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the IELTS Speaking Assistant’s Content is strictly prohibited. The limited license granted above is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the IELTS Speaking Assistant’s Content other than as specifically authorized herein is strictly prohibited and will automatically terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The limited license granted herein is immediately revocable at any time without notice or explanation and with or without cause.

4. User Conduct

You understand that the Service is available for your personal, non-commercial use only. You further observe and agree that all content available through the Service, including, but not limited to, text, graphics, pictures, designs, cartoons, video, music, sound, and any other form of file, and in addition any tags, mark-ups and messages as well as their selection and arrangement in both space and time are, whether publicly posted or privately transmitted, the sole responsibility of the person from whom such Content originated.  You understand that by using the Service, you may be exposed to Content that is, in your opinion, inaccurate, hyperbolic, offensive, indecent, absurd, out-of-date or objectionable.  

In addition, by assenting to these Terms of Service, you represent, warrant and agree that you will not:

  1. use the Service to harm minors
  2. use the Service to intimidate, stalk, mock, lambast, scare, pervert or otherwise harass another individual;
  3. use the Service in any unlawful manner including, but not limited to, the intentional or unintentional contravention of any applicable local, national or international law.
  4. use the Service in any manner that could overburden, damage, disable, or impair it;

5. IELTS Speaking Assistant’s Subscription Plans, Payments and Renewals

IELTS Speaking Assistant may offer different subscription plans and gift plans; and the specific pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase.

Your subscription will run for twelve months from the date on which your subscription is activated, and your subscription will renew automatically at the end of that twelve month period, unless cancelled at least 24 hours before the end of the current period. Subscriptions will be charged to your credit card through your iTunes account. You will not be able to cancel the subscription once activated. Manage your subscriptions in Account Settings after purchase.

The expiry date of your subscription is displayed under the “Account” tab on your Settings page, so you can keep track of your subscription.

By providing payment information to us, you agree that the payment information is valid and (1) in your name or (2) in the name of an individual who has authorized you to use their payment information for your subscription purchase. If you provide someone else’s payment information, you agree that we may refund payment to that person if they so request and if the account is eligible for a refund under this Payment Policy. This may cause interruption to or termination of your IELTS Speaking Assistant service.

You may choose the following annual subscription plans:

  1. $3.99 per section
  2. $9.99 Premium subscription (all 3 sections)

 

6. Changes to Pricing

We may occasionally need to change the prices charged for the subscriptions. In the event of any increase in the price we will communicate these change(s) to you at least four (4) weeks in advance and the changes will only take effect with respect to any subsequent renewal of your subscription.

7. IELTS Speaking Assistant’s proprietary rights

In agreeing to these Terms of Use, you agree that you will, neither wholly nor in part, copy, modify, rent, lease, loan, sell, re-sell, distribute or create derivative works based on the Service or the Software. You agree not to modify the Software in any manner or form. You agree not to obtain unauthorized access to the Service, for yourself or on behalf of a third party. You agree not to access the Service by any means other than through the interface that is provided by Virtual Education OU for use in accessing the Service. You agree to make no attempt to reverse-engineer or otherwise discover the source-code of the Software.

If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.

8. Limitation of Liability

You expressly agree, understand and warrant that Virtual Education OU, including its officers, friends, employees, affiliates, agents, partners and licensors, shall not be liable to you for any damages at all.

Included among the damages for which you expressly agree that we are not liable are damages due to loss of profits, academic misadventure, loss of health, or data, or other intangible assets (even where Virtual Education has been advised of such damages in advance).

The company’s liability, notwithstanding anything to the contrary contained in these Terms of Use, and regardless of the form of the action, will irrevocably be limited to the total amount paid, if any, to Memrise in the course of an individual’s membership.

9. Disclaimer of Warranty

You expressly understand, warrant and agree that:

  1. IELTS Speaking Assistant and its officers, employees, agents, partners and licensors make no warranty first that the service will meet your requirements or expectations; secondly that the service will be continuous, accurate or secure; and thirdly, that the results following from use of the service will be desirable.
  2. Your Use of the Service, which is provided on an “AS-IS” and “as available” basis, is your sole responsibility, and is at your sole risk. IELTS Speaking Assistant and its officers, employees, agents, partners and licensors expressly disclaim all warranty of any kind.
  3. Any material downloaded through the Service is so downloaded at your own sole risk. In addition, the medical consequences of using IELTS Speaking Assistant are your sole responsibility.

10. Further legal Disclaimer.

Should any part of this document be shown to be legally incoherent or inapplicable, you understand that the relevant inadmissible section will be excised from this agreement without any diminution to the legal force or relevance of any and all other sections, which will continue to stand.

11. Questions

If you have any questions regarding these Terms of Use, please contact The Company by sending an email to support@virtualeducation.ee entitled “Questions about TOU”. Please also report any violations of these Terms of Use to  support@virtualeducation.ee  with the title “Violations of TOU”.