The VocabKing mobile application (‘App’) and related services are operated by VocabKing (Pvt) Ltd. (‘VocabKing’, ‘us’, or ‘we’). Access and use of the Service are subject to the following Terms and Conditions of Service (‘Terms and Conditions’). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. VocabKing may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN THE MANDATORY ALTERNATE DISPUTE RESOLUTION METHOD OF NEGOTIATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES. FAILING THIS, THE MATTER WILL BE TAKEN TO COURT.
The Service allows users to access and use the educational service of learning or practising the English language. VocabKing may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
In connection with registering for and using the Service, you agree:
(i) to provide accurate, current and complete information about you and/or your organization as requested by VocabKing;
(ii) to maintain the confidentiality of your password and other information related to the security of your account;
(iii) to maintain and promptly update any registration information you provide to VocabKing, to keep such information accurate, current and complete; and
(iv) to be fully responsible for all use of your account and for any actions that take place through your account.
You represent and warrant to VocabKing that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the Democratic Socialist Republic of Sri Lanka and any other relevant jurisdiction, including those regarding online conduct or acceptable content.
You represent and warrant that you are not:
(1) identified on a list of prohibited or restricted persons and Blocked Persons, or
(2) otherwise the target of the Democratic Socialist Republic of Sri Lanka.
You will not upload, display or otherwise provide on or through the Service any content that:
(i) is libellous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or
(ii) in VocabKing’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose VocabKing or its users to any harm or liability of any kind.
You agree to defend, indemnify and hold harmless, VocabKing and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns; from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever; including attorneys’ fees – arising out of or relating to your access or use of the Service – any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions; or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
Subject to the terms of these Terms and Conditions, VocabKing grants you a non-transferable, non-exclusive licence to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof. VocabKing and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph – the more restrictive or conflicting terms and conditions in this paragraph – apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and VocabKing, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App, to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App; and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and VocabKing acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:(i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and VocabKing acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, VocabKing – not Apple – will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third-party terms of agreement when using the App. You and VocabKing acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions as they relate to your licence of the App, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.
All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third parties. In no event will VocabKing be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.
In the event that VocabKing suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for Virtual Items, any Content or data associated with your use of the Service, or for anything else.
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by VocabKing. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from VocabKing, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that VocabKing shall not be responsible or liable – directly or indirectly – for any damage or loss arising from your use of any third-party website, service, or content.
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by VocabKing on the Service are subject to change. In consideration for VocabKing granting you access to and use of the Service, you agree that VocabKing and its third-party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
NO REPRESENTATIONS OR WARRANTIES BY VOCABKING
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY VOCABKING ARE PROVIDED TO YOU ON AN ‘AS IS’ BASIS. VOCABKING AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE – EITHER EXPRESS OR IMPLIED – AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VOCABKING DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
VocabKing may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your VocabKing account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of VocabKing’s proprietary rights, your representations and warranties, disclaimer of representations and warranties; release and indemnities; ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files; and their selection and arrangement (the ‘Service Content’), are the proprietary property of VocabKing or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content.All rights of VocabKing or its licensors that are not expressly granted in these Terms and Conditions are reserved to VocabKing and its licensors.
Use of the Service is also governed by our Privacy Policy, a copy of which is located at www.VocabKing.com/privacy. By using the Service, you consent to the terms of the Privacy Policy.
VocabKing Promotion Codes (each a ‘Promotional Code’) are made available by VocabKing (either directly or through a partner) subject to the Terms and Conditions of Service (‘Terms and Conditions’). Each Promotional Code is made available in connection with a form of an auto-renewing periodic subscription (as defined in the Terms and Conditions).
Each Promotional Code provides access to VocabKing Premium:
A. at the price advertised;
B. beginning the moment that you confirm your acceptance of the Promotional Code by submitting valid payment details that are accepted by VocabKing (the ‘Promotional Period’); and
C. in some circumstances, subject to an overall limit of allowed redemptions of that Promotional Code.
By submitting your payment details, you:
(i) confirm your acceptance of the Promotional Code advertised;
(ii) accept and agree to these Promotional Code Terms; and
(iii) acknowledge and agree to the Terms and Conditions.
In order to be eligible for a Promotional Code, users must satisfy all of the following conditions (each an ‘Eligible User’):
A. Unless you are subscribing to a Promotional Code that is advertised as available to current subscribers, you must not be a current subscriber.
B. Provide VocabKing with a valid and current payment method that is approved by VocabKing.
C. Additional eligibility requirements (if any) as advertised from time to time in connection with a Promotional Code. Eligible Users may accept a Promotional Code once – previous users may not redeem the offer again.
A Promotional Code must be accepted before the applicable expiration date advertised if any. Except where prohibited by law, VocabKing reserves the right to modify, suspend or terminate a Promotional Code at any time and for any reason, in which case we will not honour subsequent Promotional Code enrollments.
Duration and cancellation.
Unless you cancel your subscription before the end of the Promotional Period, you will automatically become a recurring subscriber and your VocabKing Premium subscription will continue to automatically renew for additional periods equal to the expiring subscription term, unless you cancel before the end of the relevant subscription term pursuant to VocabKing’s terms and conditions. The payment method you provided will automatically be charged for the then-current subscription price. If you cancel during the Promotional Period, you will lose access to VocabKing Premium and you understand and agree that you will receive no refund or exchange of any kind, including for any Virtual Item, any Content or data associated with your use of the Service, or for anything else.
These Terms and Conditions constitute the entire agreement between VocabKing and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by VocabKing or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. VocabKing may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will enure to the benefit of VocabKing and you, and VocabKing’s and your respective successors and permitted assigns.
