Terms & Conditions

Welcome to this website, a service of ChinesePod LLC ("ChinesePod" or "we"). Please read these Site Terms and Conditions before you use this website. By using this website, you agree to abide by the terms of this agreement and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you don't agree to these terms, then you may not use this website. Failure to abide by the terms laid out in this document may result in the termination or suspension of you account and / or subscription. We may change the terms of this agreement from time to time. By continuing to use the website after we post any changes, you accept and agree to this agreement, as modified.

Content and Linking

This website is for general informational purposes only. Although we make reasonable efforts to ensure that any information we post to this website is both timely and accurate, errors may appear from time to time. This website may not be updated daily, and certain information may not be the most current information available. Before you act on information you've found on our website, you should independently confirm any facts that are important to your decision. ChinesePod is not responsible for, and cannot guarantee the performance of, any products or services provided by any advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by ChinesePod or its licensors. We welcome links to the homepage of our website. You are free to establish a hypertext link to this site so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by ChinesePod. We do not permit framing or inline linking to our website or any portion of it.

Ordering Products and Services

You may be able to order certain ChinesePod services through this website. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order through this website. To obtain access to certain services on our website, you may be required to register. As part of any such registration process, you will select a username and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. ChinesePod reserves the right to reject or terminate any username that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.

Fees

The right of access granted under these Terms is effective only upon payment of the fees.

Subscription: ChinesePod LLC offers 5 Basic, Premium, and Praxis subscription plans with five subscription lengths each (1 month, 3 months, 6 months, 12 months and 24 months).
1-month and 3-month subscriptions automatically renew, therefore ChinesePod LLC will charge the subscription fees directly to your credit card after every billing cycle (unless you cancel the subscription - see below for more details on cancellation terms). ChinesePod LLC will charge the subscription fees on the same day of the month each time your subscription comes due. You may cancel recurring subscriptions at anytime. When your subscription is cancelled you will still be able to access our services until your account runs out of credit. After cancellation, ChinesePod LLC will discontinue billing for this particular subscription. It is your sole responsibility to completely and fully cancel this payment cycle. Email requests for cancellation cannot be guaranteed or construed as proof of cancellation. The 6-month, 12-month and 24-month subscriptions will not renew automatically.
Courses: ChinesePod LLC offers courses which grant students lifetime access to lessons and review tools in the course purchased.
Speaking Classes: ChinesePod LLC offers speaking classes plans for both weekly and daily Speaking Classes with four class-lengths each (3 months, 6 months, 12 months and 24 months).

Speaking Classes

Students who purchase speaking classes will enjoy one-on-one teacher practice sessions with a ChinesePod teacher.

Students who purchase speaking classes on top of basic or premium subscriptions will enjoy respective access to ChinesePod lessons.

Students who purchase speaking classes alone will not have access to ChinesePod lessons. ChinesePod is not obligated to provide learning materials to the student.

Speaking Class Rescheduling

ChinesePod teachers try to accommodate schedule changes to the best of their ability. But changes to one student's time are highly likely to impact other students' schedule. Therefore, students should notify their teachers 24 hours in advance if they are unable to attend their next class. Otherwise, the missing class will be considered an unexcused absence and ChinesePod is not obligated to provide a make-up class.

Depending on the student's speaking class package, please note the following rescheduling limits:

Daily class: 1 class rescheduling per week
Twice weekly class: 2 class reschedulings per month
Once weekly class: 1 class rescheduling per month

ChinesePod is not obligated to provide make-up classes exceeding the above limits.

Speaking Class Extension

To provide flexibility to students, ChinesePod allows an additional make-up period for speaking classes.

Classes during the make-up period must be claimed within the following timeframe:

3-month speaking class: 2 weeks
6-month speaking class: 3 weeks
12-month speaking class: 4 weeks
24-month speaking class: 6 weeks

ChinesePod does not provide extension to speaking classes beyond the above time frame (excluding China's national holidays, teachers' annual leave and students' special circumstances).

ChinesePod does not provide extension to any subscription products beyond the expiry date whether used alone or with speaking classes.

Make-up classes must be claimed according to the schedule confirmed by the Customer Care Representative, student and teacher.

ChinesePod is not obligated to reschedule classes outside of the agreed upon time or preserve the same teacher for make-up classes. Teachers' Annual Leave and National Holidays

Scheduled classes that fall on teacher's leave or a Chinese national holiday will be made up during the make-up period. In the event a National Holiday or teacher's leave is longer than the make-up period, then ChinesePod will extend the make-up period to reflect the number of days missed.

Speaking Class Suspension

In extreme cases that result in the student requesting leave that extends beyond the make-up period, students must apply for account suspension with ChinesePod's Customer Care Representative.

Students are entitled to one account suspension per year exceeding no more than 1/3 of the total length of the speaking classes. ChinesePod reserves the right to decide the length of suspension if it exceeds the aforementioned timeframe.

ChinesePod does not provide suspensions to any subscription products whether used alone or with speaking classes.

ChinesePod reserves the right to suspend all future classes to be made-up at a later date.

ChinesePod cannot guarantee that the student will continue with the same teacher upon resuming lessons.

ChinesePod cannot guarantee that the student will continue the same class schedule.

It is the student's responsibility to notify ChinesePod when he/she is ready to resume the course.

ChinesePod reserves the right to determine the first day of class upon resuming the course.

Suspensions are limited to 3, 6, 12, and 24-month study plans.

Teacher Changes

In the event that a class is missed due to a change in teacher, ChinesePod will extend the make-up period to reflect the number of purchased classes.

Classes during this make-up period will be rescheduled according to the schedule confirmed by the Customer Care Representative, student, and teacher. ChinesePod is not obligated to reschedule classes outside of this agreed upon time.

In the event that a teacher misses a class, ChinesePod will extend the make-up period to reflect the number of missed classes.

Transferring Classes

Speaking classes are limited to one student per account. ChinesePod cannot allocate any of your purchased classes to other users.

Contact Responsibilities

An email to schedule class will be sent to the student by the Customer Care Representative after we receive your payment.

It's the student's sole responsibility to reply to our emails to schedule classes.

Once or twice-weekly Speaking Class users who fail to reply to us within one month will be allowed one make-up class for each month missed.

Daily Speaking Class users who fail to reply to us within one month will be allowed two make-up classes for each month missed.

Students who have started their classes but stop attending without notifying teachers and Customer Care Representative will not be entitled to make-up classes.

ChinesePod Liabilities

In the event that ChinesePod is responsible for the cancellation of any speaking classes, a Customer Care Representative will reschedule the lesson and (where appropriate) replace the teacher as soon as possible, within one month.

ChinesePod will compensate the user by extending his or her subscription, calculated on an individual basis.

Questions and Comments: Please contact our Customer Care Representative atsupport@chinesepod.com for any questions, comments, or feedback.

Student discount

A student discount is available for 12 and 24-Month Basic, Premium and Praxis subscriptions. This offer is not valid on Speaking Classes or Courses.

It is the users' sole responsibility to submit current and accurate documentary proof of student status within 30 days of the beginning of the subscription period. We accept these different forms for proof of student status: email response from a .edu or .ac email address; current student ID (with date of expiry); official class schedule for current term. Other forms of proof of student status will be evaluated on an individual basis. Please contact: support@chinesepod.com.

Group usage

All accounts are intended as individual accounts and can only be accessed by the specified individual whose email address is used for registration of the account. ChinesePod reserves the right to terminate without refund accounts and related subscriptions that are being shared beyond the individual user whose email address the account is registered under.

Group discounts are available and will be considered on a case-by-case basis. Please contact: support@chinesepod.com for more information.

Refunds

Refunds for:

Subscriptions: ChinesePod provides a full refund within the first 30 days, no questions asked, to those who wish to end their subscription.
Courses: we do not provide refunds for courses products.
Speaking Classes: refund claims must be made within 30 days after purchase. The first month of multi-month subscriptions cannot be refunded.

To request a refund please contact: support@chinesepod.com within the first 30 days of your purchase that you want refunded.

To request a refund for recurring subscriptions please first cancel your recurring billing cycle by going to your user account page then notify us within the first 30 days of your subscription. In the case of recurring subscriptions we reserve the right to refuse refunds if the user fails to cancel the billing cycle before the first 30 days and/or fails to submit a refund request within the first 30 days.

Promotions

Monthly promotions start and end dates will be determined by the time of publishing and will end at 12:00 AM the first of the following month Pacific Standard Time unless otherwise stated. ChinesePod reserves the right to change the starting and ending dates of a promotion and will be responsible for communicating the changes by way of the designated offer's landing page. Eligibility to receive the promotion will be determined by the time of purchase as indicated by the time entries on ChinesePod's servers. ChinesePod reserves the right to evaluate and refuse individual claims to receiving the promotion if said individual fails to purchase within the designated time period as reflected on ChinesePod's server.

While ChinesePod will make every possible effort to contact customers that are eligible to receive the promotion, it is the customers' sole responsibility to contact ChinesePod to receive the promotional offer and ChinesePod reserves the right to refuse fulfillment of a promotional offer if the customer fails to contact ChinesePod within 90 days of expiration of a timed promotional offer or within 180 days of purchase of an open-ended offer.

Trademarks and Copyrights

Although we make this website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the website. All materials available through this website are the property of ChinesePod or its licensors, and are protected by copyright, trademark and other intellectual property laws*. Except for the limited licenses expressly granted to you in this agreement, ChinesePod and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it. The trademarks, logos, and service marks displayed on the website are registered and unregistered trademarks of ChinesePod and others. Nothing contained on the website should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the website without the written permission of ChinesePod or such third party that may own the trademarks displayed on the website. You should assume that everything you see or read on the website is copyrighted material unless otherwise noted, and may not be used except as provided in these Site Terms and Conditions or in the text on the website without the written permission of ChinesePod. ChinesePod neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with ChinesePod. Images of people or places displayed on the website are either the property of, or used with permission by, ChinesePod. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Site Terms and Conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Procedure for Making Claims Of Copyright Infringement

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify ChinesePod by providing our copyright agent with the following information:

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
Identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
Your name, addresses, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on this website can be reached as follows:

By mail: ChinesePod LLC
501 Silverside Rd Ste 105
Wilmington, DE 19809
USA

Or contact us by email.

Disclaimer of Warranties and Liability

ChinesePod makes no warranties or representations as to the accuracy of content on the website. Your use of and browsing in the website are at your risk. NEITHER CHINESEPOD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. ChinesePod also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from the website.

Submissions and Postings; Disclosure

ChinesePod welcomes your feedback about this website and our products and services. You are solely responsible for any information that you submit or post on this website. By using this website, you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy this website or that infringes on the rights of others. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this website to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this website. Any communications you send to this website or otherwise to ChinesePod are deemed to be submitted on a non-confidential basis and become the sole property of ChinesePod. ChinesePod may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. These uses may include, for example, use of the content of any such communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of such communications and without liability to that person.

We reserve the right to rename and / or delete usernames that are deemed vulgar, offensive, or inappropriate. Personal attacks, defamation, harassment, spam, offensive content, inappropriately aggressive behavior, or other illegal activities are prohibited and may result in your account and / or subscription being suspended and / or terminated without refund. You are solely responsible for your interactions with other Registrants and Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

Miscellaneous

Any claim relating to, and the use of, this website and the materials contained on the website is governed by the laws of the State of Delaware.

*ChinesePod lessons 1-1127 only, MP3 lesson content is licensed under a Creative Commons 3.0 Unported license.

Last Updated: 08/15/2011