Terms and Conditions

Pingu’s English Pakistan is an official franchise partner of Pingu’s English UK, operated under Eureka Global Education. While we follow the global standards set by our head office, this website (pingusenglish.pk) is locally managed in Pakistan.

Welcome to the info@eurekaglobaleducation.com website pingusenglish.pk.

Please read these terms and conditions carefully before using the Website.

You must be at least 18 years of age to use
this Website. By using the Website and agreeing to these terms and conditions,
you represent and warrant that you are at least 18 years of age and are
lawfully able to accept these terms and conditions. If you are not 18 years of
age, please cease using this Website immediately.

These terms and conditions apply between you,
as a user of this Website (including any sub-domains, unless expressly excluded
by their own terms and conditions), and Eureka Global Education (registered in Pakistan )

with registered office address 804, 805, 806 Pak Avenue, opposite to Lal Kothi, Islamabad, Pakistan, the owner and provider of this Website (“Eureka Global Education”, “we” or “us”).

Please read these terms and conditions carefully, as they affect your legal
rights. By using the Website you are confirming that you accept these terms and
conditions and will comply with and be
bound by these terms and conditions. If you do not agree to these terms and
conditions, you must cease using the Website immediately.

We recommend that you print a copy of these
terms for future reference and you must ensure you check back on this page of
the Website regularly to ensure you are aware of any and all changes to these
terms which we may make from time to time.

We reserve the right to change any of the
terms and conditions set out herein or any policy or guideline referred to
herein or on the Website at any time and at our sole discretion. When we make
changes, we will revise the “last updated” date at the top of the terms and
conditions. Any changes will be effective immediately upon posting on the
Website. Whenever you use the Website, please check these terms and conditions
to ensure you understand the terms that apply at that time. Your continued use
of the Website following the posting of changes will constitute your acceptance
of such changes.

We may transfer our rights and obligations
under these terms to another organisation. We will always tell you in writing
if this happens and we will ensure that the transfer will not affect your
rights under the contract.

If at any time you do not agree to be bound by
these terms and conditions, you should stop using the Website immediately.

Your use of the Website is also subject to

and governed by the terms of our Privacy Policy which can be found here pingusenglish.pk/privacy-policy and our Cookie Policy (which can be found here: pingusenglish.pk/cookie-policy), which you are also deemed to accept when you use the Website (subject to your rights to opt out or withdraw consent as stated in those policies), and which are incorporated into these terms and conditions by this reference.

Information About Us

The Website is a site owned and operated by Eureka Global Education (Franchise Partner of Pingu’s English UK). Our main trading address is the same as our registered office stated above: 804–806 Pak Avenue, Opposite Lal Kothi, Islamabad, Pakistan. We do not currently have a VAT number applicable in Pakistan.

Suspension or withdrawal of the Website

Our site is made available free of charge.

We do not guarantee that our Website, or any content on it, will
always be available or be uninterrupted. We may suspend or withdraw or restrict
the availability of all or any part of our Website for business and operational
reasons. We will try to give you reasonable notice of any suspension or
withdrawal.

You are also responsible for ensuring that all persons who access
our Website through your internet connection are aware of these terms and
conditions and other applicable terms of service, and that they comply with
them.

General Access to the Website and
Disclaimers

We try to ensure that availability of our
Website and online subscription services will be uninterrupted and that
transmissions will be error-free. However, due to the nature of the Internet,
this cannot be guaranteed.

Our Website is directed to people residing in Pakistan. We do not represent that content available on or through our Website is appropriate for use or available in other locations.

ANY ONLINE FACILITIES, TOOLS, SERVICES,

CONTENT OR INFORMATION THAT WE MAKE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED
“AS IS” AND ON AN “AS AVAILABLE” BASIS. WE GIVE NO WARRANTY THAT THEY WILL BE
FREE OF DEFECTS AND/OR FAULTS.

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW,
WE PROVIDE NO WARRANTIES (EXPRESS OR IMPLIED) OF FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY OF CONTENT OR INFORMATION, COMPATIBILITY AND SATISFACTORY
QUALITY. WE MAY UPDATE THE WEBSITE FROM TIME TO TIME AND MAY CHANGE THE CONTENT
AND/OR ANY INFORMATION ON IT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. HOWEVER,
WE ARE UNDER NO OBLIGATION TO UPDATE INFORMATION OR CONTENT ON THE WEBSITE AND
YOU MUST NOTE THAT ANY CONTENT OR INFORMATION ON THE WEBSITE MAY BE OUT OF DATE
AT ANY GIVEN TIME.

WE ALSO DO NOT WARRANT OR REPRESENT THAT
THE WEBSITE OR ANY FEATURES OR CONTENT CONTAINED THEREIN, OR ANY SERVICE
PROVIDED BY US, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT
ANY DEFECTS WILL BE CORRECTED.

NO ADVICE, RESULTS OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU VIA THE WEBSITE OR OUR SERVICES SHALL CREATE
ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE IN THESE TERMS AND
CONDITIONS. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY ASPECT OF ANY OF
OUR SERVICES, YOUR SOLE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE.

Whilst we use reasonable endeavors to
ensure that the Website is secure and free of errors, viruses and other
malware, we give no warranty or guarantee in that regard and you must take
responsibility for your own security, that of your personal details and your
computer(s). You are also responsible for ensuring that all persons who access
the Website through your internet connection are aware of these terms and
conditions and the other terms and policies referred to herein and that they
comply with them.

WE ACCEPT NO LIABILITY FOR ANY DISRUPTION
OF THE WEBSITE OR ACCESS TO OR NON-AVAILABILITY OF THE WEBSITE BEYOND OUR
REASONABLE CONTROL OR WHICH MAY BE REQUIRED AS A RESULT OF EMERGENCY OR PLANNED
MAINTENANCE AND/OR MANAGEMENT OF THE WEBSITE. YOUR ACCESS TO THE WEBSITE MAY BE
OCCASIONALLY SUSPENDED OR RESTRICTED TO ALLOW FOR REPAIRS, MAINTENANCE OR THE
INTRODUCTION OF NEW FACILITIES OR SERVICES. WE WILL ATTEMPT TO LIMIT THE
FREQUENCY AND DURATION OF ANY SUCH SUSPENSION OR RESTRICTION. ACCESS TO THE
WEBSITE REQUIRES INTERNET ACCESS WHICH YOU ARE SOLELY RESPONSIBLE FOR PROCURING
AND FOR WHICH WE SHALL HAVE NO LIABILITY OF ANY KIND. YOU MUST ALSO ENSURE THAT
YOU HAVE SUITABLY COMPATIBLE COMPUTER EQUIPMENT AND SOFTWARE TO ENABLE USE OF
THE WEBSITE AND OUR SERVICES.

We reserve the right to alter, suspend or discontinue any part (or the whole
of) the Website at any time including, but not limited to, any products and/or
services available. In the event of a total discontinuation of the Website, we
will use reasonable endeavors to give you a minimum of 60 days’ prior notice of
the same and shall notify you of any alternative website with which we intend
to replace the Website (if any – there being no obligation on us to create,
implement or operate any such replacement). These terms and conditions shall
continue to apply to any modified version of the Website unless it is expressly
stated otherwise.

Keeping account details safe

If you choose, or you are provided with, a
user identification code, password or any other piece of information as part of
our security procedures, you must treat such information as confidential. You
must not disclose it to any third party. We have the right to disable any user
identification code or password, whether chosen by you or allocated by us, at
any time, if in our reasonable opinion you have failed to comply with any of
the provisions of these terms and conditions or any other applicable terms or
policies. If you know or suspect that anyone other than you know your user
identification code or password, you must promptly notify us at info@pingusenglish.pk

Intellectual Property Rights and Acceptable Use – How to use material on the
Website
All content and information included on the Website is the property of Eureka Global Education , our
affiliates and/or other relevant third parties from whom we have licensed it
and is protected by English and international copyright and database right laws
and treaties around the world. All such rights are reserved. The compilation of
all content and all software on the Website is the exclusive property of Eureka Global Education and/or its
affiliates and/or its licensors and is protected by English and international
copyright and database right laws, as applicable.

In these terms and conditions, content
includes, without limitation, any text, graphics, images, audio, video,
software, data compilations, page layout, underlying code and software and any
other form of information capable of being stored in a computer that appears on
or forms part of the Website. By continuing to use the Website you acknowledge
that such content is protected by copyright, trademarks, database rights and
other intellectual property rights which are owned by Eureka Global Education and/or its affiliates and
licensors. Nothing on the Website shall be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any trademark,
logo or service mark displayed on the Website without our prior written
permission.

Individual documents on the Website may be
subject to additional terms indicated in those documents. The use of the
Website and the content therein is permitted solely for your private,
non-commercial use. The use of press releases and other documents
classified as public is permitted in public communications if the source for
the information has been stated.

You may, for your own personal, non-commercial use only, retrieve, display, download, receive by email and
view the content on a computer screen and print copies of extracts from pages
on the Website for personal use only and not for redistribution to any third
party. You must not otherwise reproduce, modify, copy, distribute or use for
commercial purposes any content or any part thereof, or any paper copies of the
same printed off by you or others on your behalf, without the written
permission of Pingu’s English Pakistan. Our status (and that of any identified

contributors) as the authors and/or owners of content on our Website must
always be acknowledged (except where the content is user-generated).

Please note that the Website is an independent website owned and operated by Eureka Global Education . It is not affiliated in any way
with any other website, trademark or branding owned or operated by third
parties.

If you print off, copy, download, share or
repost any part of our Website in breach of these terms and conditions, your
right to use our Website will cease immediately and you must, at our option,
return or destroy any copies of the materials you have made (except that you
are permitted to print off a copy of these terms and conditions).

No text or
data mining, or web scraping

You must not conduct, facilitate, authorise or permit any text or
data mining or web scraping in relation to our Website or any services provided
via, or in relation to, our Website for any purpose, including the development,
training, fine-tuning or validation of AI systems or models. This includes
using (or permitting, authorising or attempting the use of):

·
Any “robot”, “bot”, “spider”,
“scraper” or other automated device, program, tool, algorithm, code,
process or methodology to access, obtain, copy, monitor or republish any
portion of our Website or any data, content, information or services accessed
via the same.

·
Any automated analytical technique aimed at analysing text and
data in digital form to generate information or develop, train, fine-tune or
validate AI systems or models which includes but is not limited to patterns,
trends and correlations.

The provisions in this section should be treated as an express
reservation of our rights in this regard, [including (but not limited to) for
the purposes of Article 4(3) of the Digital Copyright Directive ((EU)
2019/790)].

You must not use, and we do not consent to the use of, our Website,
or any data published by, or contained in, or accessible via, our Website or
any services provided via, or in relation to, our Website for the purposes of
developing, training, fine-tuning or validating any AI system or model.

This section will not apply insofar as (but only to the extent
that) we are unable to exclude or limit text or data mining or web scraping
activity by contract under the laws which are applicable to us.

Trademarks

Each of and ‘Pingu’s English’ is a trademark, registered trademark or
intellectual property managed by Eureka Global Education in the European Union and/or other jurisdictions.
The graphics, logos, page headers, button icons, scripts and service names of pingusenglish.pk are the
trademarks or intellectual property of Eureka Global Education or its licensors. All such
trademarks and intellectual property may not be used in connection with any
product or service that is not branded “Pingu’s English” or with one of Eureka Global Education’s other
brand names, nor in any manner that is likely to cause confusion among
customers, nor in any manner that disparages or discredits Pingu’s English or Eureka Global Education or its
licensors or any of its or their marks or intellectual property. You may not
use metatags or any other “hidden text” utilising “Pingu’s English” or any
other name, trademark or product or service name of Eureka Global Education or its licensors without our
prior written permission.

All other trademarks not owned by Eureka Global Education that appear
on the Website are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by Eureka Global Education. Pingu’s English is a
registered trademark owned by Eureka Global Education or its licensors. Other product and company names
mentioned herein may be trademarks or trade names of their respective owners.

Your access to the Website should not be
construed as granting, by implication, or otherwise, any licence or right to
use any marks appearing on the Website without the prior written consent of Eureka Global Education or the
relevant third-party owner thereof. Eureka Global Education and its affiliates maintain and defend their brand
names and trademarks via selected agencies who work alongside the trademark
bodies of each country’s government. A constant search for any infringements to
our brands or copyrights is undertaken and suitable action taken to prevent or
cease abuse.

Photo credits

Images have been supplied by Pingu’s English UK our affiliates, and partners. Any other images are the copyright of third-party licensors selected by Pingu’s English UK from time to time.

You may not use the Website for any of the following purposes:

1. in any way which causes, or may cause,
damage to or which may disable, overburden, impair or harm the Website or any
of our servers, networks, computer systems or resources or which interferes
with any other person’s use or enjoyment of the Website;
2. in any way which is harmful, unlawful, illegal, offensive, abusive,
indecent, defamatory, obscene, harassing, threatening or otherwise
objectionable or in breach of any applicable law, regulation, governmental
order or which infringes any third party’s rights;
3. knowingly introducing viruses, Trojan horses, worms, logic bombs or other
material which is malicious or technologically harmful, whether in respect of
the Website itself or otherwise;
4. in any way which attempts to gain or is successful in gaining unauthorized
access to our servers, computer systems, networks, the Website or any of our
software or databases;
5. making, transmitting or storing electronic copies of content protected by
copyright or any other intellectual property right without the permission of
the owner;
6. fraudulent purposes or in any way in connection with political campaigning,
commercial solicitation, chain letters, mass mailings or any “spam” to cause
annoyance, inconvenience or needless anxiety.
You may not systematically extract and/or re-utilize parts of the contents of
the Website without express written consent from pingusenglish.pk. In particular, you may not utilize
any data mining, robots, or similar data gathering and extraction tools to
extract (whether once or many times) for re-utilization of any substantial
parts of the Website, without express written consent from us. You also may not
create and/or publish your own database that features substantial (for example
but without limitation, our prices and product listings, substantial elements
of our content and other material elements of the Website) parts of the Website
without express written consent from us.

You must not attack the Website via a
denial-of-service attack or a distributed denial-of-service attack. By
breaching this provision, you would commit a criminal offence under the [Computer
Misuse Act 1990]. We will report any such breach to the relevant law
enforcement authorities and we will cooperate with those authorities by
disclosing your identity to them, to which you hereby expressly and irrevocably
consent. In the event of such breach, your right to use the Website will also
cease immediately.
You must not allow any third party to make use of the Website using your
subscription or subscription details. Your subscription is purely personal to
you and any password you use must be kept confidential at all times.

Interactive services
We may from time to time provide interactive services on the Website,
including, without limitation:

· our Social App, enabling interactive
discussions with other users of the Website
· Chat rooms.
· Bulletin boards.
(“interactive services”).

Where we do provide any interactive
service, we will provide clear information to you about the kind of service
offered, if it is moderated and what form of moderation is used (including
whether it is human or technical).

We will do our best to assess any possible
risks for users (and in particular, for children) from third parties when they
use any interactive service provided on the Website, and we will decide in each
case whether it is appropriate to use moderation of the relevant service
(including what kind of moderation to use) in the light of those risks.
However, we are under no obligation to oversee, monitor or moderate any
interactive service we provide on the Website, and we expressly exclude our
liability for any loss or damage arising from the use of any interactive
service by a user in contravention of our content standards, whether the
service is moderated or not.

The use of any of our interactive services
by a minor is subject to the consent of their parent or guardian. We advise
parents who permit their children to use an interactive service that it is
important that they communicate with their children about their safety online,
as moderation is not foolproof. Minors who are using any interactive service
should be made aware of the potential risks to them.

Where we do moderate an interactive
service, we will normally provide you with a means of contacting the moderator,
should a concern or difficulty arise.

Uploading content to the Website
Whenever you make use of a feature that allows you to upload content to the
Website, or to make contact with other users of the Website, you must comply
with the content standards set out below.
You warrant that any such contribution does comply with those standards, and
you will be liable to us and indemnify us for any breach of that warranty. If
you are a consumer user, this means you will be responsible for any loss or
damage we suffer as a result of your breach of warranty.

Any content you upload to the Website will
be considered non-confidential and not protected by any trade mark, patent or copyright
(i.e. it is non-proprietary). You retain all of your ownership rights in your
content, but you are required to grant us and other users of the Website a
limited licence to use, store and copy that content and to distribute and make
it available to third parties. The rights you licence to us are described in
the next paragraph (Rights you licence).

We also have the right to disclose your
identity to any third party who is claiming that any content posted or uploaded
by you to the Website constitutes a violation of their intellectual property
rights, or of their right to privacy.

We will not be responsible, or liable to
any third party, for the content or accuracy of any content posted by you or
any other user of the Website.

We have the right to remove any posting you
make on the Website if, in our opinion, your post does not comply with the
content standards set out below.

The views expressed by other users on the
Website do not represent our views or values.

Rights you licence
When you upload or post content to or via the Website, you grant the following
licenses:

· To us and our affiliates, the
non-exclusive, transferable, worldwide, royalty-free, sub-licensable right to
use, store, copy and distribute any content you post on or in connection with
the Website;
· To other users, the non-exclusive, transferable, royalty-free, worldwide
right to freely access and use such content and to associate it with you.

User-generated content is not approved by us

Our Website may include information and materials uploaded by
other users. This information and these materials have not been verified or
approved by us. The views expressed by other users on our Website do not
represent our views or values.

Do not rely on information on this Website

The content on our Website is provided for general information
only. It is not intended to amount to advice on which you should rely. You must
obtain professional or specialist advice before taking, or refraining from, any
action on the basis of the content on our Website.

Content standards

These content standards apply to any and
all material which you contribute to or via the Website (“contributions”), and
to or via any interactive services associated with it.

You must comply with the spirit and the
letter of the following standards. The standards apply to each part of any
contribution as well as to its whole.

Contributions must:
· Be accurate (where they state facts).
· Be genuinely held (where they state opinions).
· Comply with applicable law in the UK and in any country from which they are
posted.
Contributions must not:
· Contain any material which is defamatory of any person.
· Contain any material which is obscene, offensive, hateful or inflammatory.
· Promote sexually explicit material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation or age.
· Infringe any copyright, database right or trade mark of any other person.
· Be likely to deceive any person.
· Be made in breach of any legal duty owed to a third party, such as a
contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be threatening, abuse or invade another’s privacy, or cause annoyance,
inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Be used to impersonate any person, or to misrepresent your identity or
affiliation with any person.
· Give the impression that they emanate from us, if this is not the case.
· Advocate, promote or assist any unlawful act such as (by way of example only)
copyright infringement or computer misuse.

Suspension and termination
We will determine, in our discretion, whether there has been a breach of the
above terms and conditions through your use of the Website. When a breach has
occurred, we may take such action as we deem appropriate.

Failure to comply with the above terms
relating to acceptable use of the Website constitutes a material breach of
these terms of use of the Website as a whole, and may result in our taking all
or any of the following actions:

· Immediate, temporary or permanent
withdrawal of your right to use the Website.
· Immediate, temporary or permanent removal of any posting or material uploaded
by you to the Website.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an indemnity
basis (including, but not limited to, reasonable administrative and legal
costs) resulting from the breach.
· Further legal action against you.
· Disclosure of such information to law enforcement authorities as we reasonably
feel is necessary.
We exclude liability for actions we take in response to breaches of our
acceptable use terms and conditions. The responses described in these terms and
conditions are not limited, and we may take any other action we reasonably deem
appropriate.

Linking to the Website and links to
other websites

You are granted a limited, revocable, and
non-exclusive right to create a hyperlink to the welcome page of the Website as
long as you do so in a way that is fair and legal and the link does not portray
the Website, pingusenglish.pk
or its licensors, affiliates, or their products or services, in a false,
misleading, derogatory, or otherwise offensive manner and does not otherwise
adversely affect our reputation or seek to take advantage of it. You may not
use any of our or any of our licensors’ or affiliates’ logo or other
proprietary graphic or trademark as part of the link without our express
written consent.

You must not establish a link in such a way
as to suggest any form of association, approval or endorsement on our part
where none exists. You must not establish a link to our site in any website
that is not owned by you. The Website must not be framed on any other site, nor
may you create a link to any part of the Website other than the home page. We
reserve the right to withdraw linking permission without notice.

The Website may, from time to time, provide
links to and from other websites. We have no control over such websites and are
not responsible for the content of these websites. Our terms and conditions and
our privacy policy do not extend to your use of such websites. If you follow a
link to any of these websites, they will have their own privacy policies and
terms and you are advised to read the privacy policy and terms of other
websites prior to using them and/or submitting personal data to them. We do not
accept any responsibility or liability for such policies or terms.

The inclusion of a link to another site on
the Website does not imply any endorsement of the sites themselves or of those
in control of them.

Photograph/Images, Copyright and
Defamation Issues or Complaints

Photographs/images – if you believe that a
photograph or image of you is being used on the Website and you no longer wish
this to be used, please set out in writing as much detail as possible regarding
the relevant photograph/image, where you have found it on our Website and a scan
or copy of the relevant photograph/image and contact us, providing all of the
above information to us and your relevant contact details, at: Office: 804–806 Pak Avenue, Opposite Lal Kothi, Islamabad, Pakistan

or to pingusenglish.pk
We will then seek to contact you to the extent we need any further information
in order to rectify any issue or respond to your request.

Copyright issues – pingusenglish.pk and its affiliates respect
the intellectual property rights of others and if you believe that your work
has been copied in a way that constitutes copyright infringement, please file a
notification of such infringement by copying the “Notice of Copyright
Infringement” below into a new document, completing it in accordance with the
instructions in the Notice and sending a printed, signed copy to: Office: 804–806 Pak Avenue, Opposite Lal Kothi, Islamabad, Pakistan scan of the same by email to info@pingusenglish.pk

– Notice of Copyright Infringement:

In the matter of pingusenglish.pk
Statement
I, [please set out your full name] of [please give your postal address],
[please state your occupation], say as follows:
I refer to the website pingusenglish.pk . I make this statement in support of my giving Pingu’s English Pakistan. notice

that, via the website, it is causing or contributing to an infringement of
copyright.
The work in which copyright is claimed to subsist is [please clearly identify
and describe the copyright work(s) claimed to be infringed] (“Copyright Work”).
[I am] OR [I am authorised to act on behalf of] the owner of an exclusive right
in the Copyright Work that is claimed to be infringed. [If the person making
the statement is acting on behalf of the Complainant please include the
following:] The person/entity claiming that its rights in the Copyright Work
have been infringed is [please state name and address of the person/entity]
(“Complainant”). I am [please explain the relationship of the signatory to the
Complainant].
The material which is claimed to infringe the Copyright Work (“Infringing
Material”) is: [please clearly identify and describe the infringing material or
work(s)].
The Infringing Material (delete whichever paragraph is not applicable): (a)
[is] OR [is part of a (book/CD/DVD/video/MP4 player) entitled (title and
author)] available from www.pingusenglish.com via the website. [If the Infringing Material comprises only part of
the relevant title, include the following:] The Infringing Material comprises
[please describe where in the product the copyright work appears, e.g.: pages,
track numbers, video/DVD timecode] of this product.
OR
(b) appears on the website at [please cut and paste the address of the relevant
Web page from the website where the Infringing Material appears].
The use of the Infringing Material described in paragraph 5 infringes [my
rights] OR [the rights of the Complainant] in the Copyright Work and is not
authorised by the copyright owner, its agent(s), or the law.
I understand that this statement may be used in any court proceedings that may
arise out of or relating to the Infringing Material.
Statement of Truth
I declare the facts stated above to be true.
Signed:
Date:
Please note that this procedure is exclusively for notifying pingusenglish.pk that your
copyrighted material has been infringed on the Website. Please provide your
address, telephone number, and e-mail address. IMPORTANT WARNING: GIVING FALSE,
MISLEADING OR INACCURATE INFORMATION IN THE ABOVE NOTICE OF COPYRIGHT
INFRINGEMENT MAY RESULT IN CIVIL AND/OR CRIMINAL LIABILITY.

Defamation claims –

Pingu’s English Pakistan operates on a “notice and takedown” basis. If you believe that any content on, or advertised for sale on, the Website (pingusenglish.pk) contains a defamatory statement, please file a notification of such infringement by copying the “Notice to pingusenglish.pk of Copyright Infringement” below into a new document, completing it in accordance with the instructions in the Notice, and sending a printed, signed copy to: Office 804, 805, 806, Pak Avenue, opposite to Lal Kothi, Pakistan, or a scan of the same by email to info@eurekaglobaleducation.com.

I refer to the website pingusenglish.pk (“the website”). I make this statement in support of my giving Pingu’s English Pakistan notice that, via the website, it is causing or contributing to the publication of a defamatory statement. The defamatory words (delete whichever paragraph is not applicable):

(a) appear in a book being sold via the website entitled [please state the book
name and its author]. The defamatory words appear on page [please state the
page number(s) where you consider there are defamatory words].
OR
(b) appear on the website at [please cut and paste the address of the relevant
Web page from the website where the defamatory words appear].
The words that I consider to be defamatory are [please repeat the exact words
you are complaining about].
These words are defamatory because [please state why you consider the words are
defamatory].
The defamatory words are untrue because [please explain why the words
complained of are untrue and what you believe the true position is].
I understand that this statement may be used in any court proceedings that may
arise out of or relating to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Signed:
Dated:

Once this procedure has been followed, Pingu’s English Pakistan will use all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

Please note that this procedure is exclusively for notifying Pingu’s English Pakistan of defamatory content on or advertised for sale on the Website. Please provide your address, telephone number, and e-mail address when sending the notice to us.

IMPORTANT WARNING: GIVING FALSE, MISLEADING OR INACCURATE INFORMATION IN THE NOTICE TO Pingu’s English Pakistan OF DEFAMATORY CONTENT MAY RESULT IN CIVIL AND CRIMINAL LIABILITY.

Electronic communications

When you visit the Website or send e-mails
to us, you are communicating with us electronically. For contractual purposes,
you consent to receive communications from us electronically and you agree that
all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing. This condition does not affect your statutory rights. Please refer
to our Privacy Policy pingusenglish.pk/privacy-policy/ for more details.

[Limitation of Liability]
NOTHING IN THESE TERMS AND CONDITIONS WILL: (A) LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR OR YOUR NEGLIGENCE, AS APPLICABLE; (B) LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) LIMIT OR EXCLUDE ANY OF OUR OR YOUR LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW.

WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSSES ARISING OUT OF EVENTS BEYOND OUR REASONABLE CONTROL. WE WILL ALSO NOT BE LIABLE TO YOU OR ANY OTHER USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY OF OUR SERVICES OR USE OR OF RELIANCE UPON ANY CONTENT OR INFORMATION DISPLAYED ON THE WEBSITE.

IN PARTICULAR, BUT WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY FOR ANY OF THE FOLLOWING:

ANY BUSINESS LOSSES, SUCH AS LOSS OF PROFITS, INCOME, REVENUE, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, GOODWILL OR COMMERCIAL OPPORTUNITIES;
LOSS OR CORRUPTION OF ANY DATA, DATABASE, FILES, EMAIL OR SOFTWARE;
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN RESPECT OF ANY LOSSES ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OUR CONTRACT WITH YOU, OUR SERVICES AND/OR THE WEBSITE EXCEED A SUM EQUAL TO THE TOTAL SUMS PAID BY YOU, IF ANY, TO US FOR ACCESS TO THE WEBSITE AND/OR OUR SERVICES IN THE THREE CALENDAR MONTHS PRIOR TO THE DATE OF THE LOSS GIVING RISE TO LIABILITY PURSUANT TO THIS CLAUSE. SAVE THAT, WHERE YOU ARE ACTING AS A CONSUMER, YOU ACCEPT AND ACKNOWLEDGE THAT WE ARE PROVIDING THIS WEBSITE FOR DOMESTIC AND PRIVATE USE ONLY AND IF DEFECTIVE DIGITAL CONTENT THEREON DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU REASONABLE COMPENSATION. THIS CLAUSE SHALL SURVIVE TERMINATION OF THE CONTRACT BETWEEN YOU AND US.

Waiver and Severability of terms
No waiver of rights by us shall be effective unless made in writing and
notified to you. Any delay or forbearance by us in enforcing our rights against
you will not affect our ability to do so. Any waiver by us of any breach shall
only apply in respect of that breach and will not affect our ability to enforce
our rights against you in respect of any other breach of these terms and
conditions. If any of these terms and conditions is deemed invalid, void, or
for any reason unenforceable, that term or condition will be deemed severed and
will not affect the validity and enforceability of any remaining term or
condition.

Applicable Law and Jurisdiction If you are a consumer, please note that these terms and conditions,

their subject matter and the contract formed with you, are governed by the laws of Pakistan. You and

we both agree that the courts of Islamabad, Pakistan will have non-exclusive jurisdiction. If you are a business,

these terms and conditions, their subject matter and the contract formed with you (and any non-contractual disputes

or claims) are governed by the laws of Pakistan. We both agree to the exclusive jurisdiction of the courts of Islamabad, Pakistan.

General terms

You may not transfer any of your rights
under these terms and conditions to any other person. You are granted by us a
personal, non-exclusive and non-transferable right to use the Website and our
services in accordance with and subject to these terms and conditions. We may
transfer our rights under these terms and conditions as we see fit and where we
reasonably believe your rights will not be affected, including but not limited
to novating any contract between you and us to a third party, which you hereby irrevocably
consent to in advance.
These terms and conditions together with the documents referred to herein
contain the whole agreement between you and us relating to its subject matter
and supersede all prior discussions, arrangements or agreements that might have
taken place in relation thereto.
You accept and acknowledge that in accepting these terms and conditions and
entering into any contract with us, you have not relied and do not rely on any
undertaking, promise, assurance, statement, representation or understanding
(whether in writing or not) of any person (whether a party to such terms and
conditions and/or contract or not) relating to the subject matter of these
terms and conditions and/or any such contract.

Questions or comments
Any questions or comments about the Website or any part of it can be directed
to us at info@eurekaglobaleducation.com