Effective Date: Aug 10, 2022
Welcome to apply for the ClassUp Website, Applications or various services (hereinafter referred to as " Services") provided by Study Evolution EdTech Pte. Ltd. (hereinafter referred to as " Company", “us” or “we”). Before you (hereinafter referred to as "Teacher" or “you”) use the Services provided by the Company, you shall carefully read, fully understand and choose to accept or not accept the provisions of the Terms and Conditions (hereinafter referred to as "T&C") and the Privacy Policy.
The T&C are an agreement between you and us, and set forth the T&C that govern your access and use of the website within the United States. Should you decide to sign-up to use the Services as a Teacher, you will need to execute a separate Independent Contractor Agreement with respect to your use of the Services as a Teacher.
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; 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 Teacher will be required to accept the T&C. Use of the Services as the Teacher is reserved for registered persons. Registration is free of charge. In the course of registration, the Teacher must provide all information completely and truthfully and update it immediately in the event of any changes.
The Company will provide the Teacher with access to the Services by transmitting access data to the mobile phone number provided by the Teacher and creating a personal account. In this regard, the Teacher is obliged to provide the Company with an email address to which documents can be sent to the Teacher. If this email address changes, the Teacher 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.
As between you and us, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto, are either owned or licensed by us. Use of the content or materials on the website for any purpose not expressly permitted by the T&C is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
Subject to the T&C, we grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the website, and to access the content through your use of the website, solely for your personal, noncommercial use, in accordance with the T&C, and applicable law, including any applicable intellectual property law. We reserve all rights not expressly granted herein. You acknowledge and agree that we may terminate this license at any time for any reason or no reason. You further acknowledge and agree that (i) should you decide to sign-up to use the Services as a Teacher, you will need to enter into a separate Independent Contractor Agreement with the Company, and (ii) you will not be able to access the Services as a Teacher without a current and active Independent Contractor Agreement.
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 the Company. 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.
The Teacher agrees to defend, indemnify, and hold harmless the Company, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you or any user of your account, or arising out of a breach of your obligations, representation and warranties hereunder.
The Company and its members, stockholders, officers, directors, employees and agents shall not be liable for any consequential, incidental, exemplary, punitive, indirect or special damages of any nature arising from breach of warranty, breach of contract, negligence or any other legal theory, whether in tort or contract.
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 Teacher 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 Teacher 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 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 Teacher 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.
If you have questions or concerns regarding any information in the T&C, please contact us via email at support@classup.com.