Terms of Service
These Terms of Service (hereinafter referred to as the “Terms”, “Terms of Use”, or “Terms & Conditions”) shall govern the relationship between our company and you. This website and App is owned and operated by:
Company Name: QuinTek, LLC
Registered Office: 1846 E. Innovation Park Dr. STE 100 Oro Valley, AZ 85755 (USA)
(here simply referred to as “Company” or “Turong Wika” or “us” or “our” or “we”).
You are here simply referred to as “you”, “your”, “user”, “users”, or “customers”
These Terms shall govern your use of turongwika.com, and/or its related mobile application, “Turong Wika – Learn Filipino”, as available on Google Play Store and Apple App Store (hereinafter referred to as the “website” or “Site” or “App” or “Platform”).
Turong Wika is a user-friendly, interactive, and engaging language-learning App designed to help learners of all levels become fluent in Filipino languages. (hereinafter referred to as the “Service”)
Please read these Terms carefully, as these, along with our Cancellation & Refund Policy, and Privacy Policy statement forms the entire agreement between you and Turong Wika. If you do not accept these Terms in its entirety, then you may not use the website, App, or avail any of our services.
ACCEPTANCE OF THE TERMS OF SERVICE
By registering on, accessing, or using the services on our website/App in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time on the website and App.
ii. You are of sound mind, at least 18 years of legal age, and otherwise competent to form a binding contract with us. In case you are under 18 and above 13 years of age, then you must have the permission of your parent or lawful guardian to access, use, and make purchases on the website/App.
iii. We must not have previously disabled your account for violation of law or any of our policies.
iv. You have read, understood, and consented to our Cancellation & Refund Policy, as well as our Privacy Policy statement.
ACCOUNTS, PASSWORDS AND SECURITY
a) Account Registration: To access various parts of the platform, and to avail various services of Turong Wika, you might be required to register and create an account on our platform. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
b) Social Account: You have the option to log in or register using your social media accounts such as Apple, Google, or Facebook. When you choose this method, you grant us permission to access and use certain information from your social media profile as permitted by those platforms. Please review the privacy settings of your social media accounts to understand the information we may collect.
c) Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password, account, or any other breach of security. We cannot and will not be liable for any loss, damage, or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
d) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all of the services.
USE OF THE PLATFORM AND SERVICES
i. Allowed uses:
a) Personal Use: You are granted a limited, non-exclusive, and non-transferable license to use the App for personal, non-commercial purposes. This license allows you to access and use the features and content provided by the App.
b) Educational Use: Turong Wika is primarily designed for educational purposes, helping users learn and become fluent in Filipino languages. You are allowed to use the App for educational and language-learning purposes, which may include accessing lessons, exercises, and cultural content.
c) Directions of Use: You must follow any and all guidelines, policies, or directions of use associated with each of the services on the platform.
d) Information: Whenever prompted, you must provide us with the correct, accurate, and updated information. These will be handled in accordance with the Privacy Policy statement posted on our website and App.
e) Material: For the purposes of these Terms, “material” shall mean any text, video, graphics, content, software, platform, sound material, published on the website or App, whether a copyright of Turong Wika, its licensors or any third party. (Unless stated otherwise) You are not allowed to download or print the material or extracts from it in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the website/App. Unless stated otherwise, you must not reproduce any part of the website/App or the material, transmit it to or store it in any other website/App, or disseminate any part of the material in any other form, unless we have indicated that you may do so. However, you are allowed to use the content generated by you using our platform in such form and manner as allowed in these Terms.
ii. Restricted uses:
a) You can’t impersonate others, create duplicate accounts, or provide inaccurate information.
b) Any use of Turong Wika that violates applicable laws or regulations is prohibited.
c) Unauthorized access to Turong Wika’s systems, accounts, or data is prohibited. You are not allowed to engage in any activities that attempt to breach Turong Wika’s security measures or compromise the privacy of its users.
d) You cannot breach, circumvent, or attempt to break or circumvent the authentication and security processes and measures of our systems or networks.
e) You cannot reverse engineer or try to reverse engineer any of the proprietary/ intellectual property aspects of, including but not limited to the services, software, our platforms, networks, systems, etc., wholly or in part.
f) You must not misuse or interfere with the Services or website/App or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us.
a) You must not:
republish material from this website/App;
sell, rent, or sub-license material from the website/App;
show any material from the website/App in public without our consent;
edit or otherwise modify any material on the website/App (other than editing your own information as per the method provided);
reproduce, duplicate, copy, or otherwise exploit material on our website/App for a commercial purpose; or
redistribute material from the website/App, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
infringe or violate our Intellectual Property Rights or the Intellectual Property Rights of our licensors or any third party;
We reserve the right to restrict your access to any areas of our website/App, or indeed our whole website/App, at our discretion.
h) You must not use our website/App in any way that causes, or may cause, damage to the website/App or impairs the availability or accessibility of the website/App; or in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
i) You cannot access, use, or tamper with the non-public areas of any of our software, platforms, networks, or systems.
j) You must not use our website/App to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
k) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our website/App, without our express written consent.
In case of your violation or non-compliance of any of the terms mentioned in this Terms of Service, we reserve the right to suspend or terminate your account or your access to the website/App or our services, at our sole discretion, and in such case, you will also not be entitled to receive a refund for the amount paid.
OWNERSHIP RIGHTS
All the intellectual property rights associated with Turong Wika’s website, App, domain (turongwika.com), logos, lessons, content, designs, trademarks, trade dress, trade name, and all services offered by the platform, whether purchased or otherwise, belong solely to Turong Wika or its licensors. The use of or access to the website/App or services does not transfer or assign any ownership or proprietary rights to the user. The content, including but not limited to trademarks, logos, copyrights, designs, layouts, and underlying HTML, is protected by relevant intellectual property laws, and no use of these properties may be made without prior written permission from Turong Wika. Any trademarks, trade names, or designs appearing on the website/App are the exclusive property of Turong Wika or its licensors and are protected under relevant intellectual property laws.
PRIVACY
In order to see what personal and non-personal information we collect and how we use, store, or share the information, please refer to the detailed Privacy Policy statement available on our website and App.
LINKS TO THIRD-PARTY PLATFORMS
The website/App might contain links to third-party website/App, or services. For example, the website/App works with third-party payment service providers to provide you with the most convenient payment options. Such third-party links are not under the control of Turong Wika, and Turong Wika is not responsible for any third-party links. Turong Wika provides access to these third-party links only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such a third-party website/App, and you get out of the jurisdiction of our website/App. Therefore, you shall be governed by the legal policies of such third-party website/Apps and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information, Turong Wika shall not be responsible.
SUBSCRIPTIONS, PAYMENTS, AND TAXES
a) Subscriptions: Turong Wika may offer subscription services, which provide access to additional features and content. Subscriptions are subject to their own terms and pricing.
b) Payment Information: If you purchase a subscription or make any payments through Turong Wika, you agree to provide accurate and complete payment information. You are responsible for all charges incurred under your account. Payment processing is handled securely through third-party payment processors, and your payment information is subject to their terms and policies.
c) Renewals and Cancellations: Subscriptions may automatically renew unless you cancel them before the renewal date. You can cancel your subscription at any time in accordance with the Cancellation & Refund Policy posted on the website and App. Turong Wika is not responsible for any charges incurred due to your failure to cancel a subscription.
d) Taxes: You are responsible for any applicable taxes, including sales tax or value-added tax, associated with your use of Turong Wika and any payments made. Turong Wika will charge and collect taxes in accordance with applicable tax laws.
e) Changes to Pricing and Services: Turong Wika may change the pricing and availability of its services at any time. We will provide notice of any such changes, but it is your responsibility to review and understand the pricing and terms before making any payments
DISCLAIMER
a) Educational Content: Turong Wika provides educational content and language-learning resources. We strive to offer accurate and helpful content, but we make no representations or warranties regarding the accuracy, completeness, or applicability of the content. Learning outcomes may vary, and individual results depend on factors including but not limited to the effort, commitment, and dedication of the user.
b) No Legal or Professional Advice: Turong Wika is not a substitute for professional legal, medical, financial, or any other type of advice. Information provided on Turong Wika is for educational and general informational purposes only. If you require professional advice, you should consult with qualified experts or professionals in the relevant field.
c) Platform Availability: Turong Wika strives to maintain a stable and reliable platform. However, we do not guarantee uninterrupted access to Turong Wika and are not liable for any temporary disruptions or downtime.
d) User Responsibility: Users are responsible for their own use of Turong Wika and the accuracy of the information they provide. You agree to use Turong Wika at your own risk and understand that Turong Wika and its representatives are not responsible for any user-generated content, actions, or consequences resulting from the use of Turong Wika.
e) General: The website as well as the App, and services are provided on an “as-is” basis, and Turong Wika (and our licensors and affiliates) expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, fitness for a particular purpose, or accuracy of the same. We make no warranty that our platform or the services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, or complete.
LIMITATION OF LIABILITY
a) To the maximum extent permitted by law, in no event shall Turong Wika (or our members, employees, licensors or affiliates) be liable to you or any third party for any costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of our services, or your inability to use or purchase from, the platform, even if Turong Wika has been advised of the possibility of such damages. Access to, and use of our platform and our services, is at your own discretion and risk, and you will be solely responsible for any and all damages.
b) To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will always be limited to the amount paid by you to us in the last one (1) month. The existence of more than one claim will not enlarge this limit.
LEGAL ACTION
If you are found to be degrading, tarnishing, or maligning the image, goodwill, or reputation of Turong Wika by spreading hate, insulting, false, fake reviews, or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
INDEMNITY
You acknowledge to defend, indemnify, and hold Turong Wika, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand, or expense, including reasonable legal counsel’s fee, made by a third party, relating to, or arising from:
a) Your violation of ours or any third-party right;
b) Your wrongful or improper use of our services, or platform;
c) Your violation of any applicable laws, rules, or regulations;
d) Your violation of these Terms or any other policy of ours as associated with our services;
e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
GOVERNING LAW AND DISPUTE RESOLUTION
a) Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of the State of Arizona (USA).
b) Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict, or dispute shall be finally settled by bringing it exclusively before the appropriate courts or tribunals located in Pima County, Arizona (USA).
c) Statutory Rights: This Section shall in no way override the rights available to you under the applicable laws of your jurisdiction.
NOTICES
When you use the website/App or send emails to Turong Wika, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website/App. Turong Wika will communicate with you by email or by posting notices on this website/App. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to the email address you provided to us. If you want to give notice to us, you can do so by dropping an electronic mail to mabuhay@turongwika.com.
NOTICE REGARDING APPLE
a) If you are using the QuinTek, LLC mobile applications on an iOS device, the following terms in this section (Notice Regarding Apple) apply. You acknowledge and understand that these Terms of Service are an agreement solely between you and QuinTek, LLC, and it is not with Apple Inc. Apple is not responsible for the Services offered by QuinTek, LLC, and Apple has no obligation to provide maintenance or support services for the Services.
b) Additionally, Apple is not liable for addressing any claim you may have or any third-party claim related to the Services, including product liability claims, claims for failure to comply with legal or regulatory requirements, and claims arising under consumer protection or similar legislation. Apple is also not responsible for investigating, defending, settling, or discharging any third-party claim related to the Services or your possession and use of the mobile application, particularly concerning any infringement of third-party intellectual property rights.
MISCELLANEOUS
i. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
ii. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
iii. Breach: In case of any breach or threatened breach of the provisions of these Terms, we reserve the right to suspend your access to our platform or our Services, at our sole discretion. In such cases, you will not be entitled to receive any refund.
iv. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of these Terms will continue in full force and effect.
v. Waiver: Our failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.
vi. Survival: Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Service, for any reason whatsoever.
vii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
viii. No Assignment: You may not assign these Terms of Service (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Turong Wika, which may be withheld at Turong Wika’s sole discretion. Any attempted assignment that does not comply with these Terms of Service shall be null and void.
ix. Entire Agreement: The Terms, Cancellation & Refund Policy, and Privacy Policy, and any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Turong Wika and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website/App.
x. Force Majeure: Turong Wika and its third-party service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, communication line failures, technical issues, bugs, errors, power failures and/or similar inabilities.
xi. Updates to these Terms: We may add to, change, or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the platform or our Services after any amendments to the Terms shall constitute your acceptance of such amendments.
GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE
In the event you have any grievance regarding anything related to these Terms of Service, Cancellation & Refund Policy, Privacy Policy, or with any content or service of Turong Wika, you may freely write your concerns to the Grievance Officer/Designated Officer at:
Name: Quinton Simmons
Email: mabuhay@turongwika.com
FEEDBACK AND INFORMATION
We welcome your questions or comments regarding the Terms. You can write to us via email: mabuhay@turongwika.com.
Last updated on November 09, 2023.