EFFECTIVE DATE: 21-12-2020

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Online Course Provider

The Online Courses are provided by ESL Champs Learning Academy (hereinafter referred to as “ESL Champs”, “we” or “us”), an English Language Instructor in Kuala Lumpur with www.eslchamps.com is operated by ESL Champs Learning Academy.

We will use our reasonable endeavours to provide the Online Courses advertised by ESL Champs.

We will provide the Online Courses using reasonable care and skill.

We may appoint independent sub-contractors to assist in providing Online Courses or use third parties to arrange or supply certain aspects of, or services in connection with, our Online Courses. You agree that our obligation to you is to us reasonable care in selecting competent, independent sub-contractors and third party suppliers to provide reasonable services related to the Online Courses. You agree that ESL Champs is not responsible for the actions or omissions of such subcontractors or third party suppliers.

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What information do we collect?

We collect as little information as possible in order to register students, provide newsletters, give consultations & trial classes, facilitate safe secure payments on our site, or when students need to contact us. We typically collect your name, your country of location, email address, the reason for contact, when needed. We also use website analytics, which only collect click counts and how long people stay on pages and how often they click through to other pages. None of this data is personally identifiable and it is only aggregate data with no names attached.

 

What do we use your information for?

We never sell or share your information with anyone outside of the ESL Champs website. We use your information to improve our service to you, to send emails, respond to inquiries & provide customer service and support as requested or needed.

 

How do we protect your information?

We use many levels of security within our website to safeguard your personal information. You can feel safe entering your information into our website. We have never had a violation of security at ESL Champs. Your information is never visible to the public. Upon your request, we can also delete all of your information from our secure online operating environment.

 

Information from Referrals & Partnerships

If you refer your friends, colleagues or company to ESL Champs, we use that information only for purposes that you intend and we never share that information with others. If you partner with ESL Champs, we use your information only for the business outlined in the partnership and nothing more.

Cookies are files that tell us how and when pages on our site are visited and by how many people. Our cookies never collect personal information that identifies you specifically. Most web browsers automatically accept cookies to enhance the web browsing experience you have when viewing websites. You can adjust your browser settings to prevent cookies from being accepted. But this could cause some issues when using the ESL Champs website, as well as with other websites.

 

Do we disclose information to 3rd parties?

We never give, sell, trade or transfer any of your information to any 3rd parties outside of ESL Champs for things like advertising, marketing or research purposes. The only people who see your information are those who work inside of ESL Champs such as teachers, managers, consultants and website maintainers, all of which are trusted inside of ESL Champs. The only reason such people would see your information is to provide service to you as you request.

 

Your Consent

When you provide information to ESL Champs, you consent to our privacy policy automatically. You also agree that ESL Champs can store and transfer your information within ESL Champs. Any information you provide through chats or email is not covered by this privacy policy. ESL Champs does its best to monitor and secure such information, but when you provide your information outside of the ESL Champs website, please remember that you control the information that you provide in public forums, chat boxes and emails. We can only guarantee the security of information you provide through the ESL Champs website. It is also important to know that this policy applies only to ESL Champs and not the partners, organizations or companies we may be linked to.

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Changes to Our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

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Changes to Our Online Courses

An Online Course description constitutes only an indication of what the Online Course is planned to accomplish. The Online Course description does not form part of the Contract between you and us. We will use our reasonable endeavours to provide an Online Course as described.

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Payments

We accept payment through online bank transfer, credit card, debit card, or PayPal.  We use Stripe for processing credit and debit cards. PayPal or Stripe will secure all the credit card information.  You do not need to input the credit card information to start. Once you decide to choose a plan, you will be directed to the checkout section.  All the transactions and sensitive information inside ESL Champs are encrypted by using secure socket layer technology (SSL).

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Terms and Conditions

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Cancellation And Rescheduling of Online Lessons

You are allowed to reschedule three (3) classes during your course, provided we receive at least 24 hours notice in advance via email.  Please note that this is applicable only once the course has commenced.

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Refund Policy

If you wish to cancel the course, following rules apply;

1. Cancellation with notice of more than 14 days before the course: Entitled for full refund.

2. Cancellation with notice of less than 14 days before the course: Entitled for 90% of the total fee.

3. Cancellation with notice of less than 7 days before the course: Entitled for 80% of the total fee.

4. No refund for a "No-Show''on the day of the course, however giving prior notice of not less than 5 days before the course, you will be allowed to reschedule the class. 

If a subscriber cancels completely his/her package of lessons within the first two lessons, ESL Champs will refund the remaining lessons, minus an administration fee of 25%. However, the student may transfer the remaining lessons to another similar course at an agreed, later date.  In this scenario, the lessons will commence from the last lesson conducted.  

Subscribers may cancel their Subscription at any time through the Website (and shall be deemed to have cancelled their Subscription if any regular payment is not made on the due date for any reason). Monthly Subscribers shall not be entitled to any refund for the remainder of the month after they have cancelled their Subscription. Yearly Subscribers shall not be entitled to refund of their Subscription unless the Website is not operational for more than two weeks in total in any calendar year. The refund given to Annual Subscribers shall be less the value of the Subscription for any months during which the Subscription was used and less such reasonable fees as ESL Champs may determine by way of administration costs and inconvenience. ESL Champs reserves the right to give discretionary refunds to any Subscriber in addition to the above.

ESL Champs has a “fair use” policy and reserves the right to cancel, suspend or terminate any Subscription without refund if any Subscriber abuses his Subscription in the reasonable opinion of ESL Champs in good faith in its absolute discretion. No refunds, payments or compensation of any kind will be paid to Subscribers by ESL Champs whose Subscription has been terminated due to breach of these terms and conditions.

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Lateness for Online Lessons

Please be on time for online lessons. The tutor will wait for a maximum of 05 minutes for the student to come to his/her class. If the student has not arrived within 05 minutes, he/she will not be allowed to participate in the lesson. In the case of private one-to-one lessons, the tutor will end the Zoom meeting.  As a result, the student will lose this lesson from the subscribed package.  Please note that this rule applies even if you have a technical problem with your connection or your computer unless prior notice is communicated to your tutor.

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Tutor Cancellations

Although Tutors will try to be available to teach all online lessons 100% of the time, there may be times when personal circumstances mean that they have to cancel a lesson at short notice, i.e. on the same day of the lesson. However, in this eventuality, the affected lesson will be rescheduled at a time later in the month.

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Behaviour during Online Lessons

You acknowledge that ESL Champs operates a zero tolerance policy in relation to inappropriate behaviour of students. In particular, abusive or violent behaviour directed at ESL Champs staff or other students and unfair or dishonest practices will not be tolerated under any circumstances. ESL Champs may, in its reasonable discretion and without liability or an obligation to refund any Course Fee, refuse to supply any Online Course to any student who engages in inappropriate behaviour.

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Definitions

The following definitions are used in these terms and conditions:

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“Business Days” means days on which clearing banks are open for business in Malaysia, but excluding Saturdays and Sundays, unless stated on our website.

“Confidential Information” refers to any information whatsoever and howsoever supplied with the exception of information that is in the public domain or must be disclosed to comply with the law.

“Download” means any download of any Teaching Material from the Website to any device of the Subscriber.
“ESL Champs” means ESL Champs.

“Subscriber” and “Subscription” means any registered subscriber to the Website and the services provided by it and his or her subscription to such services.

“Subscription/Course Fee” means the subscription fee paid to Rajsonia Singh Dhaliwal by a Subscriber in respect of any Subscription.

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″Teacher/Tutor” means an independent freelance provider of Teaching Materials to ESL Champs.

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“Teaching Materials” means all teaching materials in an electronic format which may be (i) downloaded from the Website or (ii) accessed and viewed on the Website, including, but not limited to, PDFs, MP3s, JPEGs, MPEG4s and MOVs, including recorded and live lessons given by Teachers, associated lesson materials, exercises and homework. 

“TEFL” means Teaching English as a Foreign Language.

“Website” means the website www.eslchamps.com

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Any reference to a singular word shall include reference to the plural and any reference to the masculine gender shall include reference to the feminine gender and vice versa.

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Acceptance of Terms and Conditions

These terms and conditions constitute a legal agreement between you and ESL Champs with respect to the use of the Website and all and any Downloads and shall be legally binding in all circumstances. By becoming a Subscriber, by using the Website or effecting any Download or by having any dealings with ESL Champs or using any Service provided by ESL Champs, you agree to accept them fully and, where applicable, the Terms and Conditions for One-to-One Users , which shall be deemed to be incorporated into these terms and conditions to the extent applicable. By paying a Subscription Fee, you will be deemed to have confirmed your acceptance of these terms and conditions. These terms and conditions may be changed at ESL Champ's discretion at any time and it is the responsibility of each Subscriber to ensure that he is fully aware of the current terms and conditions at all times. Continued use of the Website or continuing to deal in any way with ESL Champs will be deemed to constitute acceptance of any variation of the terms and conditions.

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What Does ESL Champs Offer to Subscribers?

ESL Champs provides Subscribers with a learning platform and Teaching Materials which are contained on the Website and in Downloads. 

 

Subscription

When registering as a Subscriber, you will be required to provide and verify personal information about yourself including: a username, password and email address; your country of residence; your local currency and payment details; and your local time zone. You must keep these details accurate and up-to-date. By registering an account you are confirming that you are over 18 (eighteen) years of age and that you accept these terms and conditions. Persons under eighteen years of age are required to subscribe through a Subscriber who is over eighteen and that adult person shall be solely responsible for ensuring that only appropriate content is passed on to the minor under eighteen.  By registering, all Subscribers acknowledge that ESL Champs has no responsibility whatsoever for the quality of any Download. ESL Champs reserves the right to suspend the operation of the Website at any time for maintenance and improvement or for such other purposes as it may deem necessary.

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A Subscription is personal to a Subscriber and is not transferable. Each Subscriber will be held responsible for all actions committed with the use of his username and password and must take all measures necessary to protect his security and not divulge it to any person. No person besides the Subscriber may use the Website or seek to obtain any Download using that Subscriber’s username and password.

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ESL Champs has an internal process which is designed to provide Subscribers excellent Teachers who offer high-quality Downloads and other Teaching Material on the Website. In order for Teachers to be qualified, ESL Champs guarantees to Subscribers that each Teacher meets the following criteria:

 

University graduates – all Teachers have graduate-level qualifications in diverse subjects not limited to  English literature, film studies, sports science, politics, history, engineering and chemistry. Teachers with university degrees are able to discuss a wide range of topics and make Teaching Materials interesting for Subscribers; and all Teachers speak English to offer Subscribers natural, authentic English with pronunciation. 

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TEFL qualification – as well as being university graduates and native/near native speakers, all of our Teachers have TEFL qualifications. This guarantees Subscribers a high-quality learning experience delivered through the Website and Downloads by qualified Teachers.

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ESL Champs requires Teachers to refresh continually their skills and knowledge and Teachers receive regular input from ESL Champs which ensures that they update their teaching practice with exciting new techniques.

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ESL Champs takes all reasonable measures to ensure that only quality Teachers are permitted to provide Teaching Material and ESL Champs checks the validity of any individual Teacher’s qualifications or background. ESL Champs cannot, however, guarantee the accuracy of any information supplied by any Teacher if such information is presently fraudulent or negligently by that Teacher.

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ESL Champs reserves the right to alter the content of any Subscription at any time but will not materially reduce the quantity or quality of any Teaching Material.

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Website, Privacy and Cookie Policies

Use of the Website by Subscribers and of all information supplied by Subscribers to ESL Champs will be strictly in accordance with ESL Champs Website Acceptable Use Policy, Privacy Policy and Cookie Policy. Each Subscriber agrees to the processing of his personal data in accordance with ESL Champs Privacy Policy.

 

Subscription Fees

Subscribers shall pay all Subscription Fees due to ESL Champs for Tuition in the manner and frequency provided for on the Website from time to time by online bank payment or PayPal before the Subscriber can access the Website or any Downloads. Upon making payment for the first Subscription, all Teaching Material shall be made immediately available to the Subscriber. All payments shall be made in Malaysia Ringgit unless agreed otherwise by ESL Champs. All and any bank charges in connection with Malaysian Ringgit payments shall be paid by the Subscriber. Monthly and Yearly Subscriptions will be taken from the same bank account of the Subscriber from which his first payment was made on the same date in each month or year as appropriate (or the next Business Day if that date is not a Business Day) until the Subscription is cancelled by the Subscriber in accordance with below clause.

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ESL Champs may increase its prices upon notifying Subscribers on the Website of such increased prices, which will take effect at its discretion after such notification is made.

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ESL Champs reserves the right to offer trial packages at a lower cost to potential new Subscribers than existing Subscribers may be paying.

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Subscriber Responsibilities

Subscribers are encouraged to provide feedback and comments on the Website, Downloads and Teaching Materials but agree not to post, distribute, publish or by any other means transmit material which is offensive in any way, whether in terms of language, photographs or other images or any other material of an offensive or sexual nature. Breach of this condition by any Subscriber will result in termination of that Subscriber’s Subscription and may result in the appropriate authorities being notified.

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All Subscribers agree not to attempt to post, distribute, publish or by any other means place any computer code on the ESL Champs Website which directly or indirectly links to another website without ESL Champs prior written consent.

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ESL Champs reserves the right to monitor communications between Subscribers for all purposes including ensuring the security of the Website, Subscribers’ safety.

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Disclaimer

The Online Courses are for training purposes only. ESL Champs will not accept any responsibility to any party for the use of the Online Course or Course Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.

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Intellectual Property and Copyright

All content, designs, text, graphics, software compilations, underlying source codes and other graphic arrangements displayed on or relating to the Website, any Teaching Material or any Downloads together with the compilation (meaning the collection, arrangement and assembly) of the Website and any of the same which is on any merchandise of ESL Champs and these terms and conditions are protected by copyright of ESL Champs or its licensors. Each Subscriber acknowledges and agrees that all intellectual property rights in and relating to the Website (and all content displayed on it), to any Download and the Teaching Materials are the sole property of ESL Champs or its licensors and no rights are granted to the Subscriber in respect thereof except as expressly stated in these terms nor does any Teacher have any rights to the same. ESL Champs grants to the Subscriber a limited, personal, non-transferable, non-exclusive right to access the Website for the purpose of viewing Downloads and using the Teaching Materials for his/her own, personal and non-commercial use.  Any use of the Website, any Download or Teaching Materials, including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website, any Download or Teaching Materials without prior written consent from ESL Champs is strictly prohibited. Each Subscriber grants to ESL Champs the non-exclusive, worldwide, payment-free, transferable and sub-licensable right to use any content that he/she uploads to the Website as approved by ESL Champs for ESL Champs business purposes.

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No Subscriber shall infringe in any way any of the intellectual property rights associated with the manufacture, design or branding of anything advertised on the Website or to introduce any modifications to any of the information supplied by ESL Champs. Use of the Website does not constitute a licence to use in any way any intellectual property of ESL Champs.

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Limitations of Liability

Neither ESL Champs nor its directors, employees or agents shall have any responsibility whatsoever for the provision, quality, accuracy, timely completion or legality of any Downloads or other Teaching Materials provided on or through the Website.

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Subject to below clause, ESL Champs shall have no liability whatsoever to any Subscriber or to any other person for any direct, indirect, incidental or consequential damages, losses, claims, proceedings or liabilities of any kind which they may suffer, including without limitation any damages for loss of data, loss of programs, cost of service interruptions or procurement of substitute services) arising from the use of the Website (including for the acts or omissions of any other Subscribers including unauthorised Subscribers of, or hackers into, the Website), through the use of any merchandise of any description of ESL Champs, through having any communication whatsoever which may arise whether through the use of the Website or which ESL Champs may otherwise have facilitated or otherwise by registering any details of theirs with ESL Champs.

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ESL Champs does not warrant the accuracy or completeness of any information or content presented on the Website or that its content is free of defects or viruses, or of any service provided or goods supplied through ESL Champs which is on an “as is” basis, without any warranties or conditions of any kind, express, implied, statutory being given, whether for merchantability, fitness for a particular purpose, non-infringement or otherwise, all of which are excluded to the maximum extent permissible at law.

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Nothing in these terms purports to limit or exclude ESL Champs liability for personal injury or death caused by its negligence, fraud or fraudulent misstatement, or any other liability which it is not permitted by law to limit or exclude.

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Governing Law

These terms and conditions are governed by the laws of Malaysia and all Subscribers and ESL Champs agree to the exclusive jurisdiction of the Malaysia courts for the determination of any dispute (including non-contractual claims) which may arise between them. The provisions of these terms and conditions are severable and if any of them is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced.

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General

ESL Champs reserves the right to recover any reasonable debt collection costs in connection with the Online Terms.

 

ESL Champs may update or amend the Online Terms from time to time to comply with law or to meet its changing business requirements or to correct any errors without notice to you. Any updates or amendments will be posted on the Website.

 

You may not assign or sub-contract any of your rights or obligations under the Online Terms to any third party unless agreed to by ESL Champs pursuant to Additional Online Terms and Conditions.

ESL Champs may assign, transfer or sub-contract any of its rights or obligations under the Online Terms to any third party at its discretion.

 

No failure or delay by ESL Champs in exercising any right or remedy under the Online Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by ESL Champs in writing.

 

If any of the Online Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect.

 

Any notices required to be served on you by ESL Champs under the Online Terms will be deemed properly served if emailed or posted to the email address or address notified by you to ESL Champs, respectively. Any notices required to be served on ESL Champs by you will be deemed properly served if sent by email or post to the address contained in the course registration form.

A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by email is deemed to be given on the day it was sent.

 

The Contract between you and ESL Champs will be concluded in English only.

 

The Contract between you and ESL Champs is not intended to be for the benefit of any third party, and shall not be exercised by any other person or otherwise.

 

Contact us

We can be contacted by any of the means set out in the website.

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