Terms of Service
GoingKong Pte.Ltd. (hereinafter referred to as the 'First Party') provides online education services (hereinafter referred to as the 'Service') to applicants and users (hereinafter referred to as the 'Second Party') on the platform operated by the First Party. Before using the Service, the Second Party must agree to the terms and conditions set forth in this agreement (hereinafter referred to as the 'Agreement'). The Second Party must also agree to the 'Privacy Policy (Regarding the Handling of Personal Information)' and 'Authorization of Personal Data' separately specified by the First Party.
Article 1 Scope of Use
This Agreement applies to the website and application (hereinafter referred to as the 'Website') provided by the First Party on the Internet, as well as information sent to the Second Party by the First Party via email or other means. The collective definitions used in this Agreement are as follows: The instructional content provided by the Service on the Internet is collectively referred to as 'Courses.' The internet teaching instructors provided by the Service are collectively referred to as 'Instructors.' The email address entered by the Second Party during registration for the Service is collectively referred to as the 'Designated Email Address.' The Instructor corresponding to the current course is referred to as the 'Responsible Instructor.' Any actions agreed upon in advance with the Responsible Instructor regarding course times are referred to as 'Reserving Courses.' The tickets used for reserving courses within the Service are collectively referred to as 'Course Vouchers.'
Article 2 (Registration and Use of Account)
1. The Second Party must complete the registration process for the Service as required by the First Party. Before completing the registration process, the Second Party must confirm and agree to the following: 1. The communication environment will not affect the use of the Service. 2. If the Second Party is a minor, they must obtain the consent of their parents or legal guardians. 3. Formal employees and part-time employees of the First Party may serve as instructors providing English conversation services. 4. The First Party may send notifications, advertisements, surveys, etc., regarding the Service to the Second Party via email. 5. For the purpose of improving customer service quality, the First Party has the right to record, record audio, and retain the Second Party's inquiries and course content. 2. The account information used by the Second Party when registering for the Service, including email address and password, as well as the necessary information required to use the Service (hereinafter collectively referred to as 'Account Information'), are identification information for the Second Party's use of the Service. 3. The Second Party must complete the registration process according to the procedure specified by the First Party. If the Second Party falls into any of the following cases, the First Party has the right to refuse their registration or cancel their registered account: 1. Providing false or untrue account information. 2. Registering multiple times or using an already registered account. 3. Providing incorrect or omitted account information. 4. Having a history of account deactivation, forced withdrawal, rejected membership registration, or past rejections due to violation of user agreements. 5. The provided payment method is deemed invalid by the payment company. 6. The Second Party has had overdue payments in the past. 7. The Second Party is a minor or, if of legal age, they suffer from mental disabilities or other incapacitating conditions without obtaining the consent of a legal guardian. 8. Other situations determined by the First Party as unsuitable for being a user of the Service. 4. The Second Party must securely manage Account Information. The First Party determines whether the use of the Service is by the Second Party based on whether the Account Information entered at the time of registration matches. 5. The Second Party shall not transfer, lease, or authorize their Account Information to third parties.
Article 3 (Change of Registration Information)
When it becomes necessary to change the registered information, the Second Party must promptly complete the procedure to change the registration information through the method specified by the First Party. The First Party shall not be liable for any damages resulting from the Second Party's failure to complete the change procedure in a timely manner.
Article 4 (Prohibited Acts)
1. The Second Party shall not engage in the following actions when using the Service: 1. Transferring, lending, or otherwise allowing third parties to use password and other information. 2. Infringing upon the First Party's reputation, credit, copyrights, patents, design rights, trademark rights, portrait rights, privacy, etc. 3. Engaging in illegal activities or acts that violate public order and morals. 4. Acts that obstruct the operation of the Service. 5. Using the Service for commercial purposes, profit, or preparation thereof. 6. Inducing or facilitating illegal activities by other users or instructors of the Service. 7. Causing economic or mental harm or disadvantage to other users or instructors of the Service. 8. Criminal activities or acts that lead to criminal activities. 9. Harassment, disruptive behavior, or other behavior that hinders the progress of courses towards instructors. 10. Investigating information not generally disclosed by the First Party, such as instructor employment conditions, customer service center locations, and network access. 11. Attempting to recruit instructors for religious, political societies, pyramid schemes, etc. 12. Attempting personal contact with instructors, either online or offline. 13. Encouraging instructors to work for services or enterprises that compete with the First Party. 14. Verbal abuse, threats, or behavior that hinders customer service operations against instructors and customer service personnel of the First Party. 15. Sharing the same account with different users. 16. Registering multiple accounts. 17. Having two or more third parties other than the Second Party participate in the course during a class. 18. Conducting classes while intoxicated. 19. Exposing one's body excessively, wearing clothing or outfits that expose the body excessively, causing discomfort or burden to instructors. 20. Publicly disclosing course content, images, videos, or audio without the permission of the First Party, or any behavior that may lead to it. 21. Classes without text input, audio recording, or image recording. 22. Other behaviors determined by the First Party as inappropriate. 2. Whether an act falls under the prohibited acts of the previous paragraph shall be determined by the First Party. However, the First Party is not obligated to provide an explanation for this determination.
Article 5 (Penalty Provisions)
1. When the First Party determines that the Second Party has engaged in the prohibited acts described in Article 4, the First Party may suspend, interrupt, or terminate the use of the Service and take measures to cancel the registration without prior notice, regardless of whether the Second Party is still using the Service. 2. When the Second Party is penalized for the reasons stated in the preceding paragraph, the First Party shall not refund any usage fees already paid by the Second Party. 3. In the event of conflicts with instructors outside of the course, during or after the course, the First Party shall not assume any responsibility. 4. If the Second Party causes damage to the First Party or a third party due to a violation of the preceding paragraph, even if the cancellation of the Service has been completed, the Second Party is obligated to compensate for all damages caused to the First Party in any situation.
Article 6 (Email Notifications)
1. When the First Party sends important information about the Service, even if the Second Party has set their email to reject all emails and notifications from the First Party, it is considered successful email transmission. 2. Email notifications are considered completed when sent to the Designated Email Address. 3. The Second Party must modify the settings for the Designated Email Address to allow receipt of emails from the First Party (Internet domain: goingkong.com). 4. If the First Party has not received an email due to incorrect input of the Designated Email Address by the Second Party or failure to modify email settings in a timely manner, the First Party shall not be liable for any damages arising from the email not received. The Second Party is obliged to compensate for all damages caused by not receiving the email in any situation.
Article 7 (Use of the Service)
1. When using the Service, the Second Party must confirm and agree to the following: After completing the registration for the Service as stipulated in Article 2(1) of this Agreement, the Service is considered available from the moment the First Party sends a commitment notice to the Second Party via email. In order to ensure or maintain the consistency of the Service, the First Party may record necessary information, such as the content of the Second Party's courses. To provide the Service smoothly, there may be cases where course content is confirmed during the course. 2. After the Second Party completes registration, they can start using the Service from the date when the First Party confirms the successful payment of the usage fee on the First Party's system (hereinafter referred to as the 'Start Date of Use'). However, the free trial activities specified in Article 8 of this Agreement are not subject to this limitation.
Article 8 (Free Trial Activities)
1. The First Party may provide the Service to the Second Party through free trial activities (hereinafter referred to as 'Free Trials') that meet specific conditions. 2. Free Trials are promotional activities aimed at understanding the advantages of the Service and promoting the subscription plan. Therefore, each person is limited to using Free Trials only once. If Free Trials are applied for multiple times, starting from the second time, the right to use Free Trials cannot be applied, and automatic collection of fees for subscription plans may occur. 3. If the Second Party does not complete the withdrawal from the Service before the end of the Free Trial, the First Party will begin billing the usage fees corresponding to the plan that the Second Party has joined. 4. The First Party will not notify the Second Party when the Free Trial ends or when the Second Party is about to start using a subscription plan. If the Second Party does not wish to incur usage fees for the Service, they must withdraw from the Service before the Free Trial ends. The First Party will continue to deduct the corresponding usage fees from the registered payment method based on the plan the Second Party has registered, unless the Second Party processes withdrawal or stops using the Service. In addition, the Second Party can withdraw from the Service at any time.
Article 9 (Courses)
1. The duration of each course is 25 minutes. Courses will not be interrupted under any circumstances unless specified otherwise. 2. If the Second Party arrives more than 5 minutes late for the course start time, the course will be automatically canceled. If the delay is less than 5 minutes, the class can proceed, but the duration of the course will be reduced by the time of the delay. 3. If the Second Party engages in prohibited acts as defined in Article 4 of this Agreement or is determined by the First Party to do so, the course may be suspended, and no refunds will be issued to the Second Party. 4. To enhance the quality of courses, some courses may be recorded or videotaped. The Second Party must agree in advance and understand that the First Party may record their own courses.
Article 10 (Reserving Courses)
1. The Second Party can use the Reserving Courses feature. The reservation of a course is considered established from the moment the Second Party's reservation status is displayed as successful on the Service. 2. The Second Party's access period for Reserving Courses begins 20 minutes before the start time of the course.
Article 11 (Usage Fees and Payment of Usage Fees)
1. Party B shall pay Party A the usage fees as separately specified by Party A for using this service. Party B shall bear the consumption tax and other additional taxes on the usage fees. 2. Party B shall pay the usage fees for this service to Party A through the payment method designated by Party A. 3. Party B shall not be entitled to a refund of the usage fees paid to Party A for any reason. However, this restriction does not apply if the service cannot be provided due to Party A's responsibility. 4. Party B's transition from a free trial to a paid package and payment shall be based on Article 8, Paragraph 4. 5. The validity period of course coupons ('Purchased Course Coupons') purchased by Party B on the website is 90 days from the date of purchase, after which it becomes invalid.
Article 12 (Validity Period of the Service)
1. The usage period of this service is the period corresponding to the package used, starting from the usage start date specified in Article 7 of this Agreement. 2. The usage period is the period during which this service is used without interruption. However, this does not apply in the case mentioned in Article 5, Paragraph 1, of this Agreement.
Article 13 (Handling of Registration Information)
1. Party A shall use Party B's registration information only for the purpose of providing this service. 2. Party A shall not disclose Party B's registration information to third parties without Party B's consent. However, this restriction does not apply in the following cases: compliance with laws and regulations, cases where it is necessary to assist national agencies or local governments or their agents in performing tasks stipulated by laws and regulations, cases where it is necessary to take necessary measures, including legal measures, due to the inability to obtain Party B's consent in a timely manner, and cases of Party B's violation of the usage agreement. 3. Party A shall handle information in Party B's registration information that belongs to personal information in accordance with the privacy policy.
Article 14 (Interruption and Termination of the Service)
1. Party A may interrupt or terminate this service by notifying Party B in advance through the service or by email as specified on this service. In addition, if this service cannot be provided due to reasons such as domestic and foreign political situations, natural disasters, server failures, or other unavoidable reasons, it may be interrupted without prior notice. 2. Party A shall notify Party B in advance through this service or by email when interrupting this service or reducing the number of courses provided due to holidays in the Republic of the Philippines (Holy Week, Christmas, etc.). Party B shall agree that during holidays in the Republic of the Philippines, the use of this service may be unavailable or the number of available courses may be significantly less than usual.
Article 15 (Liability for Damages)
In the event of Party B's breach of this Agreement, Party A may claim compensation for the direct or indirect damages or losses incurred by Party B's breach of this Agreement.
Article 16 (Copyright and Ownership)
1. The copyright and ownership of trademarks, icons, descriptions, content, etc., related to this service are owned by Party A. Party B may not engage in acts such as using trademarks related to this service, reprinting, modifying, or copying content beyond the purpose of using this service without Party A's prior permission. 2. If Party B violates the preceding paragraph, Party A may take measures against Party B based on copyright law, trademark law, etc. (warnings, lawsuits, claims for damages, requests for cessation, requests for restoration of reputation, etc.). 3. In consideration of the upload feature provided by this service, the service possesses the right to use and retains the right to promote the content uploaded by users, including teachers and students. The legality and infringement of others' rights regarding the uploaded content are the sole responsibility of the user and are not associated with this service.
Article 17 (Disclaimer)
Party B agrees that Party A shall not be liable for any damages arising from or related to the following provisions: dissatisfaction with the use of this service, insufficient course availability due to the increase in the number of users, or the reasons specified in Article 14, Paragraph 2 of this Agreement, Party B's inability to make reservations for reserved courses within the required specific time frame, Party B's inability to make reservations with specific instructors as required, interruption of courses due to the reasons specified in Article 14, Paragraph 1 of this Agreement or due to power outages or communication failures in the instructor's country, unauthorized access, modification, etc., of Party B's messages and data by third parties, learning outcomes, effectiveness, accuracy, and authenticity of courses provided by this service, as well as the effects, effectiveness, safety, accuracy, etc., of services, teaching materials, etc., of other companies recommended or introduced by Party A in connection with this service, cases where Party B's virus infection is caused by Party B's responsibility due to receiving or opening files, cases where Party B loses their password or cannot use this service due to their own fault, completeness, accuracy, currency, security, etc., of all information, link addresses, etc., provided by this service, and the content and use of websites operated by third parties other than Party A in connection with this service.
Article 18 (Exceptions)
1. Party A allows Party B to transfer the right to use course coupons to direct relatives. 2. Party A allows Party B to have one third party participate during the class when Party B is a minor or an adult with mental disorders or other disabilities.
Article 19 (Changes to this Agreement)
Party A may change this Agreement without notifying Party B. The changed usage agreement shall take effect at the time it is made public on this service or when Party A sends relevant information to Party B by email. Party B should agree to this method of change in advance.
Article 20 (Applicable Law and Exclusive Jurisdiction)
This Agreement shall be interpreted based on the laws of the Republic of Singapore. In addition, Party A and Party B shall agree in advance that the courts of Singapore shall be the exclusive jurisdiction for the resolution of disputes arising from or related to this service or this Agreement.