Terms and Conditions

Last Updated: February 23, 2021

These Terms and Conditions govern your usage of the AceFluency website, application and service. By using or visiting AceFluency website and application, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use AceFluency website or application.

For the purpose of these Terms and Conditions, wherever the context so requires “You” or “User” or “Buyer” shall mean any natural or legal person who has agreed to use the services of the Platform whereas the term “We”, “Us”, “Our” shall mean AceFluency. The use of the website or service by the customer shall mean that he/she agrees with our Terms and Conditions. Moreover, if you have any questions regarding our Terms and Conditions, please refer to the end of this document for information on how to contact us.

CONDUCT

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

• You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
• You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
• You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
• You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of AceFluency or its trainers or otherwise tarnish or dilute any AceFluency’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
• You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of AceFluency and / or others.
• You will not interfere with the ability of others to access or use the Services.
• You will not disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to use the website, app or the Services.
• You will not claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship.
• You will not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
• You agree that you will treat the trainers with respect and not use obscenities during the sessions, make threats, or discuss matters other than those directly related to English learning and communication exercise which the trainer is conducting. You agree that you will not solicit any personal information from any tutor, and agree that if any tutor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing.
• You agree that any misbehaviour or disrespectful conduct, threats, obscenities or unprofessional behaviour will make you liable for immediate termination of your subscription including but not limited to stoppage of all your sessions at the sole discretion of AceFluency management.
• You agree that you will treat the AceFluency trainers and other co-learners with respect and would not use any inappropriate, vulgar, abusive, offensive or threatening language.
• The content on the AceFluency website or app is for your personal and non-commercial use. You agree not to download, share, duplicate, reproduce, alter, copy, encode, translate, transmit, distribute, display, publish, license, create derived works from or obtained from, the AceFluency App, website or its services and you must not even assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
• You may only access the site, app and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services.
• Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
• It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform you acknowledge and agree that we are not responsible for any such incident or for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
• Some content offered on the platform may not be suitable for some viewers and therefore viewer discretion is advised. Also, some content offered on the platform may not be appropriate for viewership by children for which parents and/or legal guardians are advised to exercise discretion before allowing their children and/or wards to access content on the platform.

DISCLAIMER OF WARRANTIES

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. AceFluency does not warrant that:

• This Platform will be constantly available, or available at all; or
• The information on this platform is complete, true, accurate or non-misleading.

AceFluency will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. AceFluency does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Platform; their servers; or electronic communication sent from us are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the company content, the site, the services, each portion thereof or any third-party sites. Neither we nor third parties warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the company content, the site, the services or any portion thereof or in any reports of verification services. You agree not to hold us (or our agents, employees or trainers) liable for any instruction, advice or services delivered which originated through the site, through our trainers, any verification service or in connection with the company content, the services or any portion thereof.

Under no circumstances, including, but not limited to, negligence, shall we or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the company content, the site, the services or any portion thereof, even if we or our authorized representative has been advised of the possibility of such damages.

LIMITATION OF LIABILITY

In no event shall AceFluency be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms and Conditions, even if user has been informed in advance of the possibility of such damages. AceFluency’s total liability to you under this agreement shall not exceed transactional value for the relevant transaction which results in the liability.

AceFluency does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third-party Platforms using Platform’s APIs or otherwise. In addition, the Platform may provide links to the third-party Platforms of our affiliated companies and certain other businesses for which, AceFluency assumes no responsibility for examining or evaluating the products and services offered by them. AceFluency do not warrant the offerings of, any of these businesses or individuals or the content of such third-party Platform(s). AceFluency does not endorse, in any way, any third-party Platform(s) or content thereof.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

PAYMENT

• All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
• All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
• Payment Facility provided by AceFluency is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, using the existing authorized banking infrastructure and Credit Card payment gateway networks. The Buyer should acknowledge that AceFluency will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of AceFluency.
• AceFluency reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer AceFluency or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
• While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transaction/s, or exceeding the pre-set limit mutually agreed by you and between “Bank/s”, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s.

COMMUNICATIONS

When you use the Platform or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communication via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

REFUND AND CANCELLATION POLICY

Fee once paid will not be refunded in any circumstances. Similarly, no cancellation is permitted on the plans you purchased. You will have to consume the sessions within the plan validity duration and any request regarding cancellation or refund will not be entertained.

NON-TRANSFERRABILITY

The sessions you buy through any package on AceFluency app are for the specific individual and cannot be transferred to any other individual or individuals.

LIVE SESSIONS

• Any Batch change or timing change request won’t be entertained once user has enrolled for a particular live session.
• Non-availability of the trainer for the live session due to any personal exigency will be communicated to you well in advance. We will make sure to arrange the same session either with another trainer or with the same trainer at some other time slot. AceFluency will not be held liable and accountable for any monetary compensation in that case.
• In case we discontinue any batch, then user will be refunded the fees on the prorated basis as per the number of sessions attended. AceFluency’s total liability to you under this agreement shall not exceed transactional value for the relevant transaction which results in the liability.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your use of our Platform to understand our privacy practices. Any personal information provided to us by you during the course of usage of Platform will be treated in accordance with our Privacy Policy and applicable laws and regulations. If you object to your information being collected, used, transferred or otherwise processed by us, please do not use the Platform.

MODIFICATIONS TO THE SERVICE

We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms and Conditions will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.

CHANGES TO THIS DOCUMENT

AceFluency reserves the right to change these Terms and Conditions from time to time with or without notice to you at our sole discretion. It is your responsibility to review these Terms and Conditions periodically for updates / changes. The most current version of the Terms and Conditions will supersede all previous versions. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions.

HOW TO CONTACT US

If you have any questions or suggestions regarding our Terms and Conditions, please contact us by email at: contact@acefluency.com.