termsandconditions

Terms and Conditions

1. Introduction

The Sparrows English Website helps Students and Parents to gain relevant information, and pay for a semester’s course fee of online English language lessons.
This Website is owned and operated by Sparrows English Enterprise. We are a company registered in Malaysia under company number 202103028104 / JM0949556-W. Our other contact details are specified on our Website.
These terms and conditions cancel and replace any previous versions.
By using our Website, you agree to be bound by these terms and conditions. (Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Website in future.) If you do not wish to be bound by these terms, you should not use the Website.
Where you communicate on behalf of a company/organisation, you agree that you have authority to act on behalf of that entity.
Important phrases are defined in clause 11 (Definitions) of these terms and conditions and are capitalised throughout.

2. Sparrows English’s Rights & Responsibilities

To maintain a functioning Website, including communication systems, an online payment gateway, wherever possible.
To communicate any planned maintenance or downtime of the Website, the Online Classroom Software, ClassIn, and the National Geographic Learning Online Management System.
To use reasonable endeavours to keep the Website free from viruses and worms.
To use reasonable endeavours to check the identity of all Teachers and the background checks of Teachers.
To communicate new purchases of the Online Course, confirmation of Purchases and cancellations to Students via email or WhatsApp.
To communicate the account registration and passwords for the Student on the National Geographic Learning Online Management System.
To endeavour to ensure that any refunds to Students are made promptly in accordance with these terms and conditions.
To take precautions we consider reasonable to protect Students’ information.
Teachers must allow at least 10 minutes from the scheduled start time of a Lesson for Students to attend the Lesson.
Should Sparrows English find that a Missed Lesson occurred due to any failure of Sparrows English to meet the terms set out in clause 2 of these terms and conditions, Sparrows English will re-arrange a lesson for the Students.

3. User Responsibilities

Users are responsible for their own security in conjunction with our services, both online and offline.
Users are solely responsible for the material they post on the Online Classroom Software, ClassIn, including messages sent, and they must not post defamatory, offensive, politically sensitive or illegal material.
Users must immediately report to Sparrows English any defamatory, offensive, politically sensitive or illegal material they view on our Website and ClassIn.
Users are responsible for their own internet security when using the Website, ClassIn and the National Geographic Learning Online Management System.
Users must contact Sparrows English immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified Sparrows English that they believe their password has been compromised.
Users must not promote opportunities or services of any company in direct competition with Sparrows English on the Website.
Users agree to abide by the Privacy Policy provided through the Website.
Any User who fails, in Sparrow English’s opinion (which need not be reasonable), to comply with these terms and conditions may be immediately barred from using the Website and any related services. Sparrows English reserves the right to cancel any existing lessons in such circumstances.

4. Student Responsibilities

Sparrows English takes no responsibility for the acts or omissions of Students or visitors to the website and is solely responsible for its own acts or omissions.
Students must be at least 18 years old to book a lesson for themselves. Students under the age of 18 must be represented by a parent or legal guardian who gives consent for them to receive tuition. Sparrows English is not responsible for any dispute regarding parental consent.
Students must ensure that all of their personal details and contact information are accurate and up-to-date.
Students are responsible for checking that any alterations to lesson schedule changes made by Sparrows English on their behalf are done so correctly and understand they will be informed of these alterations by email and WhatsApp.
Students are to give Sparrows English at least one month’s notice if they wish to withdraw from the online course, and not continuing the course in the following semester.
Students who withdraw from the course halfway through a semester shall not be refunded the deposit.
Students are responsible for ensuring that they have the correct equipment and a sufficiently stable, high-speed internet connection to be able to access the Online Classroom prior to an Online Lesson. No refunds will be made in the event that Students are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Sparrows English failing to provide the services outlined in cause 2 of these terms and conditions. We recommend a minimum download speed of 10mbps.
Any Student who fails, in Sparrows English’s opinion (which need not be reasonable), to comply with these terms and conditions may be immediately barred from using the Website and any related services. Sparrows English reserves the right to cancel any existing lessons in such circumstances.

5. Payment

The Online Course Fee includes any applicable VAT or other sales tax.
Sparrows English reserves the right to increase or alter package prices without prior warning. Lessons already purchased will remain valid and not be affected.
If a Student does not attend and misses an Online Lesson via the Online Classroom, the Student will have the full lesson video shared with them after that.
Payment processing services on Sparrows English’s Website are provided by iPay88 Pte Ltd.
To purchase the Online Course through Foreign Telegraphic Transfer please call +60 124669088. You will be provided the banking details need for the transaction and the transfer charges are to be borne by you.

6. Child Protection

Sparrows English seeks to provide the best service possible and provide a safe experience in which children can enjoy learning.
Any User who is the parent of a child under the age of 18 who has a Lesson should monitor and supervise the content of Lessons to ensure the safety of their child.
If any User has a concern regarding child protection, they must contact Sparrows English immediately.

7. Disclaimers and Limitation of Liability

Nothing in these terms and conditions in any way limits or excludes our liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.
All Users must give us a reasonable opportunity to remedy any matter for which we are potentially liable before incurring any costs remedying the matter themselves.
If you are a User, we shall not be liable for any loss or damage caused by us or our employees in circumstances where:

there is no breach of a legal duty of care owed to you by us or by any of our employees;
such loss or damage was not reasonably foreseeable by both parties; or
such loss or damage is caused by you, for example by not complying with these terms and conditions.
If you are a User, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of these terms and conditions or misuse of our Website (subject of course to our obligation to mitigate any losses).

8. Intellectual Property

When submitting material to Sparrows English, Students also grant to Sparrows English a non-exclusive, royalty-free, non-terminable license to copy, modify, distribute, show in public and create derivative works from that material.

9. Changes to these terms and conditions

We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised terms and conditions if you continue to use our Website or the services following the effective date shown.

10. Governing Law & Jurisdiction

These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of Malaysia shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of Malaysia.
If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.

11. Definitions

“Content” means all information of whatever kind (including information, service provider listings, profiles, Reviews), published, stored or sent on or in connection with our Website.
“Lesson” means, unless otherwise specified, a tuition lesson between a Student and a Teacher, using the designated online platform.
“Online Course Fee” means the lesson fees of a semester as purchased through the Website or by Foreign Telegraphic Transfer.
“Missed Lesson” means a claim by a Student that they have not received a Lesson on the Online Classroom Software, ClassIn.
“Online Classroom” means the designated online lesson space which is made available to Users following the purchase of Online Lessons.
“Online Lesson” means a tuition lesson between a Student and a Teacher delivered through the designated online lesson space.
“Review” means any review, comment or rating.
“Student” means a User who has registered through the Student Enrolment Form at the beginning of each Course Level. The Student must be at least 18 years old. Where the learner is under 18 years old, the Student will be their parent or guardian.
“Teacher” means a User who is employed as a teacher or is a staff of Sparrows English.
“Sparrows English” means the company Sparrows English Enterprise (company no. 202103028104 / JM0949556-W) trading as Sparrows English with its registered office address at 1051, Jalan Berapit, 14000 Bukit Mertajam, Penang, Malaysia. Any reference to ‘we’, ‘us’ or ‘our’ refers to the company Sparrows English Enterprise.
“User” means a person who uses our Website.
“Website” means the website on the domain https://sparrowsenglish.com.