Effective Date: Mar 16, 2023
By clicking the "I Agree" button, downloading or using the Services, you represent that: you are agreeing to be bound by the terms and conditions of the T&C either (i) for yourself, or (ii) on behalf of any minor for whom you are a parent or guardian and whom you have authorized to download, install or use the Services; If you do not agree to the provisions of the T&C, do not click on the "I Agree" button, do not download or do not use the Services. The Company may change the T&C from time to time, and if we make changes, we will notify you by revising the effective date or last modified data at the top of the T&C. If we make significant changes that materially affect your rights, we will provide advanced notice or by some other means of contact such as email, so that you are able to review the changes before you continue to use the Services. Your continued access or use of our Services after receiving the notice of changes, constitutes your acknowledgement that you accept the updated T&C.
Use of the Services requires a corresponding registration. In the course of registering for the Services, the User will be required to accept the T&C. Use of the Services as the User is reserved for registered persons. Registration is free of charge. In the course of registration, the User must provide all information completely and truthfully and update it immediately in the event of any changes. If a User has not yet reached 18 years old, the prior consent of the person’s legal guardian is required.
The Company will provide the User with access to the Services by transmitting access data to the mobile phone number provided by the User and creating a personal account. In this regard, the User is obliged to provide the Company with an email address to which documents can be sent to the User. If this email address changes, the User must notify the Company immediately.
It is important that you keep your account password confidential and that you do not disclose it to any third-party. If you know or suspect that a third-party knows your password or has accessed your account, please notify us. You agree that you are solely responsible (to us and to others) for activity that occurs under your account.
By accepting the T&Cs, you consent to receive text messages regarding the marketing and notification via electronic communication in order to provide you with better and more timely Services.
After creating an account, you may purchase products by logging into your account. You agree to provide any relevant information required for the products to be delivered to you. Any information submitted by you shall be deemed to be accurate and shall be relied upon by the Company to deliver the purchased products. The Company shall not be liable for any incorrect or failed delivery of products where the information submitted by you was inaccurate. The Company shall only be responsible for delivering any products after your payment to the Company for any products has been successfully processed. Please note that the price of the products is subject to change based on currency fluctuations, partner promotions, and changes to the scope or content of the products, and only the current displayed price of the products shall apply.
There will be different packages of lessons to be consumed by the User within a certain period of time. The prices of the different packages may vary depending on the number of units and the period of time envisaged for the consumption of the units. The respective current prices are announced on the Platform. Please note that the prices can be changed at any time. Such changes only apply to units/packages purchased after such a change.
The User can choose to purchase different products and can choose multiple class-cycles for each product, one class-cycle for four weeks is fixed, such as 12 credits per cycle, for a total of 6 cycles. The credits can be consumed to arrange online video lessons via the platform. We offer different subscription prices based on the frequency and duration. The User can subscribe through the purchase link.
4.2.1. Users can arrange online video lessons via the platform by consuming credits，which different lessons may be equal with different credits.
4.2.2 Users can choose courses of different subjects and time freely via platform.
4.2.3 Once Users choose the tutor ,the tutor can’t be changed freely at will without contacting the platform.
4.3.1. Users can purchase credits for video lessons via the Platform. Different subscription prices based on the frequency and duration can be chosen freely and only the showed price shall prevail.
4.3.2 Credits for video lessons can be purchased in the form of hourly packages. Credit for hours that are still open will be waived if the entire package is not used up within a certain period of time. Credited sessions can be freely used for booking in lessons until the next recharge date; they cannot be carried beyond the next recharge date.
4.3.3. Upon expiration of your services, you authorize us to issue an instruction to withhold service fees for the next billing period from the balance of your accounts, including but not limited to your own recharge accounts, bound third-party payment accounts, bank cards, communication accounts, etc. (hereinafter referred to as "Accounts").For the duration of the subscription period, User will be credited monthly (on the respective recharge date) with the specific number of sessions, and the corresponding sum will be debited automatically. You shall recharge every four weeks, the recharge time corresponds to the calendar is in 24 hours before the subscription was ended, (e.g. if the first subscription is on 01.03.2022, the second recharge time is March 28, 00:00-24:00, once every four weeks, and so on). The premise of this service is that you have opened and bound an account, and can successfully deduct money from the above account. The risk and/or loss of renewal due to insufficient deductible balance in the above account shall be borne by Users.
4.3.4. ClassUp has merchant accounts with external payment service providers (e.g. Stripe). The User transfers the payments to the merchant account of ClassUp with the respective payment service provider.
4.4.1. The User agrees that when using video lessons via the Platform, ClassUp may deduct the amount per unit from the User’s credit balance and credit the Tutor with it due to them for this unit. If credit expires because it is not used by the User within the time period provided for this purpose, it will also be deducted from the User’s account.
4.4.2. The User has the ability to reschedule or cancel a video lesson up to 24 hours in advance of the video lesson start time. In the event of a reschedule or cancellation not in accordance with the above regulations, as well as in the event of a User’s failure to attend a video lesson, ClassUp reserves the right to deduct one unit of video lessons from the User’s credit balance.
4.4.3. The User is responsible for all activities that emanate from their user account.
4.4.4. The User undertakes to notify ClassUp immediately if there is any suspicion of unauthorised use of their user account. If there is suspicion of unauthorised use of a user account or if a User violates applicable legal regulations or these T&Cs, ClassUp reserves the right to block the user account.
The relationship between the User and ClassUp is governed by the statutory warranty provisions. If a Tutor has not or only partially fulfilled individual units or has fulfilled it badly (e.g. non-appearance or late arrival of Tutor, lack of professional competence, inappropriate treatment of User), the User can make a justified complaint to firstname.lastname@example.org. ClassUp can check the quality of a video lesson in such cases and try to mediate between the User and Tutor. The User and Tutor agree that ClassUp will have the final say on the existence and amount of any claim for a credit refund. If ClassUp considers the User’s complaint to be justified, the credit for a unit of video lessons shall be credited to the User’s credit account and any credit already transferred to the Tutor’s credit account for the unit shall be deducted from the Tutor’s credit balance.
The relationship between ClassUp and the respective User regarding the use of the Platform begins with the User successfully registering on the Platform.
The subscription can be canceled 48 hours before the end of the first billing cycle. If you have unused credits, ClassUp shall refund the pro rata dollar amount, net of a 5% transaction and service fee. Once beyond the time, the subscription can only be terminated extraordinarily under the official written proof of the following reasons:
The Company reserves the right to delete reviews or other content in whole or in part, especially if they contain unlawful content. However, the Company does not undertake to review the content generated by the User and/or the Teacher before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this provision.
The Company is not responsible for any entries, information or content created by you or any User. You expressly understand and agree that you are solely responsible for the content and for all activity that occurs under your account, whether done so by you or any third person using your account.
ClassUp shall make the Platform available for use 24⁄7. However, there is no procedure that can guarantee that software is error-free based on the current state of technology. ClassUp therefore does not guarantee that the software on which the Platform is based is completely free of errors and that there will be no platform downtime. Furthermore, the Platform may be temporarily unavailable due to maintenance work. ClassUp will announce scheduled maintenance work on the Platform in a timely manner. However, ClassUp is not obliged to update the Platform.
ClassUp can make the Platform interactive. This gives Users and Tutors the opportunity to review each other and write their own comments. ClassUp does not check whether the reviews are potentially unfounded or misleading. Users undertake to provide only truthful information in the reviews and to observe the legal regulations as well as these T&Cs. Users may only reproduce personal data with the express permission of the person concerned. ClassUp reserves the right to delete reviews or other content in whole or in part, especially if they contain unlawful content.
You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:
The content of the Services and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by the Company or validly licensed to the Company and are protected by international copyright and other intellectual property law. The User acknowledges, understands and agrees that he shall not have, nor be entitled to claim, any rights in and to the Services’ content and/or any portion thereof. Some of the content upon the Services have been permitted by the third party to be used by the Company in such form and manner as may be desired by the Company and the Company will make its best endeavors to give credit to such third party during publication of such content on its Services. Any copyrighted or other proprietary content distributed on or through the Services with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services to which it connects, with or without notice and without liability to you. The Company may from time to time provide enhancements or improvements to the features/functionality of the Services, which may include patches, bug fixes, updates, upgrades and other modifications. Updates may modify or delete certain features and/or functionalities of the Services. You agree that the Company has no obligation to (i) provide any updates, or (ii) continue to provide or enable any existing or previous features and/or functionalities of the Services to you. You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Services, and (ii) subject to the T&C.
If a Teacher has not or only partially fulfilled the Independent Contractor Agreement (including failures such as non-appearance or late arrival of Teacher, lack of professional competence, inappropriate treatment of User), the User can make a complaint to us by the article 16 CONTACT INFORMATION. The Company can check the quality of a video lesson in such cases and may also try to facilitate resolution between the User and the Teacher, but is not obligated to do so.
Without prejudice to the other remedies available to the Company hereunder or under applicable law, the Company may limit the User's activity, warn the Users of the User's actions, immediately temporarily / indefinitely suspend or terminate the User’s use of the Services, and/or refuse to provide the User with access to the Services if the User is in breach of the T&C.
The User agrees to indemnify, defend and hold harmless the Company, its affiliates, group companies and their directors, officers, employees, agents, third party service providers, and any other third party providing any service to the Company in relation to the Services whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by The Services that arise out of, result from, or may be payable by virtue of, any breach or non‐performance of any provisions hereof including any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant hereto.
ClassUp shall not be liable for the content provided by Users or Tutors on the Platform or the content of websites to which ClassUp is linked. For illegal, incorrect or incomplete content and especially for damage resulting from the use or non-use of such information, the provider of the site to which ClassUp is linked is solely liable. The User is therefore solely responsible for critically reviewing and evaluating the content of other Users and Tutors.
The Company has endeavored to ensure that all the information provided by it is correct, but it neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information provided by the Services shall not be, in any manner liable for inaccuracy/error if any. The Company makes no warranty, express or implied, concerning the Services and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Services.
The Company shall not be held responsible for non‐availability of the Services at any point in time for any reason whatsoever. The User understands and agrees that any material and/or data downloaded or otherwise obtained from the Services is done entirely at his discretion and risk and he will be solely responsible for any damage to his computer systems or any other loss that results from such material and/or data.
The Services may display, include or make available Third-party Services (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-party Services.
You must comply with applicable third-parties' provisions of agreement when using the Services. Third-party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third-parties' terms and conditions.
In the event that you grant authorization to a User who is a minor, you, as parent or guardian to the minor, shall be responsible for providing guidance to the minor on the appropriate use of the Services under the T&C before permitting the minor to commence use of the Services. If your minor applies to create an account, it shall be deemed that you are creating the account with the Company and that the minor has obtained your consent. Where minors commit any unlawful acts or act in breach of the T&C or any rules and regulations, you, as parent or guardian, shall bear all legal liabilities arising from or in connection with your minor’s conduct.
In the event of a dispute between the parties, the parties agree to resolve the dispute as described in this provision. This Arbitration Provision is governed by the Federal Arbitration Act and evidences a transaction involving commerce. The parties expressly agree that this Arbitration Provision shall be governed by the Federal Arbitration Act even in the event the User and/or the Company are otherwise exempted from the Federal Arbitration Act.
The Company and the User mutually agree that by entering into the T&C to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective and/or representative action (“Class Action Waiver”). Notwithstanding any other provision hereof, disputes regarding the validity, enforceability, revocability, scope or breach of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or representative action and (ii) there is a final judicial determination that all or part of the Class Action Waiver is invalid or unenforceable, the class, collective, and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration on an individual basis.
If any provision hereof is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions hereof shall continue to be in full force and effect.
The Company shall not be liable for any failure to perform any of its obligations hereunder or provide the Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
The T&C shall be governed by and construed in accordance with the laws of the United States.
16.CONTACT INFORMATION If you have questions or concerns regarding any information in the T&C, please contact us via email at email@example.com