Terms Of Use

To become a Member of Sam and Mel, English for Children, you agree to the following terms and conditions of use (hereafter referred to as the Terms). By joining Sam and Mel, you accept all the Terms. If you disagree with any part of these Terms, please do not join.

This agreement represents the entire contract between you and Sam and Mel with respect to the website and the membership-based services therein.

Definitions

Kids Talk Media Ltd (trading under Sam and Mel English), a New Zealand owned and registered company, will hereafter be referred to as the Company. The service provided, which is an online language learning service, will be herewith referred to as the Service, and the website offering the service will be referred to as the Site.

Term 1: Modifications to the Terms

Term 2: Member Registration

A person is considered to be an Applicant if that person has begun the process of registration but has not received a confirmation of service. One becomes a Member only after the full process of registration and confirmation is complete.

If an Applicant is below the age of 14, a parent, guardian, or responsible adult must complete the application process on the Applicant's behalf.

  1. Member registration is equivalent to agreement to these terms.
  2. By accepting the Terms you also accept the methods of payment system used and set forth on the Site.
  3. As a Member you agree that the material and content contained within or provided by the Company is for your own personal use only and may not be used for commercial purposes or distributed commercially.  Furthermore, the content may not be published for non-commercial purposes on public platforms such as YouTube and Facebook.

Term 3: Disclosure of Change of Information

  1. If any of the information given in the registration form changes (for example, email address), the Member must inform the Company of all such changes immediately.
  2. The onus of disclosure lies on the Member. Any communication by email that is not received will be regarded as undisclosed.

Term 4: Members' Privacy

All information collected by the Company through the Membership Application will be regarded as fully protected information under Internet Privacy Laws. Information will not be released to a third party except if one or more of the following conditions is met:

  1. The Member agrees to have his or her information released.
  2. The Company is ordered by law to release specific information.

For further details, refer also to the Privacy webpage.

Term 5: Methods of Informing Members

  1. The Company has the right to modify this agreement and any policies affecting or pertaining to the Site but will use the system of placing information on the Site as our main method of Information dissemination. Placing information on the Site meets the Company's disclosure requirements under this agreement.
  2. Email communication informing Members of any changes in the terms will be made if deemed necessary by the Company.

Term 6: User ID and Password

In order to access the Service, the Member will be required to make use of a username and password. The Member is responsible for the security and proper use of this username and password and must take all necessary steps to ensure that this information is kept confidential, used properly, and not disclosed to any other person.  Exceptionally however, we are temporarily allowing classroom teachers to share their login details with their pupils for periods during Covid-19 Lockdowns.  Once the lockdown has ended, the teacher must change their password in order to comply with our one-user policy.  Evidence of abuse or overuse of this exception will lead to a written warning via email, and cancellation of Membership in the event of non-compliance.

Term 7: Billing Policy

  1. Under the Terms, you agree to pay for Membership via credit card or PayPal as set forth on the Site.  No international currency transfers will be permitted.
  2. Once the payment transaction has been completed, the commencement of Service occurs. It is only after this confirmation has occurred that Service begins.
  3. If there is any change in the price of Service, the Company will inform members on the Site and by email communication.

Term 8: Limitations of Service

Members agree to the limitations of the Service as set forth in the Terms and on the Site.

Refunds of membership fees

In the event of unforeseen circumstances including the Member's computer system failure, Internet provider failure, inability or difficulty making use of the Service for technical reasons, the Company cannot refund the Membership fee in part or whole.

In the event of unforeseen circumstances including but not restricted to an operational failure of the Company's system (Eg The Oncord e-commerce platform that hosts our website), circumstances resulting from natural disasters, political crises, or war, the Company cannot refund the Membership fee in part or whole.

Term 9: Member Responsibility

  1. Members may not use the Site or the Service for any inappropriate use.
  2. The Company, the Site, the teachers, and the Members are all bound by the laws, rules, and rights as normally used on the Internet on any matters not specified or indicated in the Terms. You also agree to comply with Internet protocols and standards.
  3. The Company will protect all Members' registration information using Internet Standard Protocol measures for data security.
  4. If the data is breached or hacked by a third party, the Company cannot bear a responsibility for any resulting damage or personal loss.
  5. Members may not use any material gained from the Company's site for sale or distribution purposes to a third party.
  6. Membership payments to the Company are made through credit card or PayPal. In the case of any transaction difficulties or mishandling of data between the Member and credit card company, or PayPal, the Company may require, as a condition of Membership, the Member to deal directly with the credit card company or PayPal.

Term 10: Banned Activities

You, the Member personally or through any third party, agree not to conduct any act that the Company judges to be unacceptable.

Term 11: Suspension or Revocation of Membership

The Company may terminate the Terms and revoke Membership at any time in whole or in part with immediate effect if the Member personally or through any third party, conducts any act that the Company judges to be unacceptable.

Term 12: Change of Service and Termination of Service

The Company reserves the right to change or terminate the Terms of the Service after a disclosure of changes is made to all Members.

Term 13: Postponement of Service and Termination of Service

  1. The Company reserves the right to postpone Service for any technical or other reasons deemed necessary for the continuity of service. In such instances the Company will attempt to inform the affected Members in advance.
  2. The Company cannot take responsibility for any loss incurred by postponement or termination of Service resulting from third-party, illegal, or disruptive behavior.

Term 14: Indemnity

  1. The Company cannot be held responsible and will not be liable to Members for losses suffered due to an inability to provide the Service caused by any factor outside the Company's control, including but not limited to technical breakdown, default or failure of a third party, war, governmental action, or by any act or decision made by a court of competent jurisdiction.
  2. The Company is not responsible for loss incurred by Members who violate the terms set forth herein.

Term 15: Copyright Violation

The system, layout, design, and content of the Site are protected by copyright and may not be reproduced, mirrored, mimicked, reverse engineered, or broadcast without the express permission of the Company.

Term 16: Change of Ownership

If there is a change of ownership that affects the Service in any way, the Company will inform the Members as soon as possible.

Term 17: Jurisdiction of the Terms

The Terms take effect under the National Law of New Zealand, and under International Internet Protocol.

Happy Customers

As an ESL teacher, I've seen different reactions of learners to videos.

Joy Chuyako, Sui Yun Xuen Primary School, Guangdong Province, China


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