WELCOME TO EDUCATE.CLUB !

Educate.Club, (“Educate.Club,” “we,” “us,” “our”) provides its services (described below) to you through its website located at Educate.Club (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Educate.Club on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Privacy Policy, Community Standards, Class Content Policy, and Teacher Guide. All such terms are hereby incorporated by reference into these Terms of Service.

The Services consist of an online marketplace and platform through which Teachers may offer Classes for sale to Parents, and Parents may purchase such Classes for the benefit of their children. While Educate.Club strives to high standards of service, you acknowledge and agree that: (1) Educate.Club is not a party to any agreements entered into between Teachers and Parents, (2) Educate.Club only provides certain tools to facilitate the purchase, sale and provision of Classes, (3) Parents contract for classes directly with Teachers (4) Educate.Club is not a broker, agent (except as expressly set forth below) or insurer, and (5) Educate.Club disclaims all liability for the conduct of Teachers, Parents, or any other Users of the Site or Classes. Different sections of the Site and Terms of Service affect Teachers and Parents differently, so please be sure to read these Terms of Service carefully.

KEY TERMS

“User” “you” or “your” means a person, organization or entity using the Services, including Parents and Teachers.

“Parent(s)” means a parent or legal guardian who completes Educate.Club’s account registration process to purchase Classes on the Site for the purpose of enrolling their child.

“Teacher(s)” means a person who completes Educate.Club’s account registration process to sell Classes on the Site.

“Class(es)” means any online class(es) submitted by a Teacher for sale on the Site.

ACCESS AND USE OF THE SERVICE

Services Description: Educate.Club’s Service is an online marketplace for K-12 classes, designed for Parents to find and book Classes for the benefit of their child or children, and for Teachers to market, sell and conduct their Classes. As the provider of an online marketplace, Educate.Club does not own, create, sell, resell, control, or manage any Classes. Educate.Club's responsibilities are limited to: (i) providing the Site as an online marketplace and platform to facilitate the sale, purchase, and conduct of Classes, and (ii) serving as the limited agent of each Teacher for the purpose of accepting payments from a Parent on behalf of the Teacher. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While Educate.Club strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not Educate.Club. Educate.Club does not control the behavior of Users or the quality of the Classes. As a result, Educate.Club cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.

Your Registration Obligations: You will be required to register with Educate.Club in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be of legal age to form a binding contract to register for the Service (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms of Service and agree to them for you before you use the Service. If you are a Parent and you provide your consent to your child's use of the Service, then you agree to be bound by these Terms of Service with respect of your child’s use of the Service.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Educate.Club of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Educate.Club will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Educate.Club reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Educate.Club will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Educate.Club may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Educate.Club’s servers on your behalf. You agree that Educate.Club has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Educate.Club reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Educate.Club reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Class Recordings: Classes that take place through Educate.Club’s video chat platform are automatically recorded by Educate.Club (“Class Recordings”). We value student and Teacher privacy, and our use of Class Recordings is extremely limited. Specifically, Class Recordings are made available only to the Teacher providing the Class in question and no one else, in order to allow them to (1) provide a viewable copy to students who missed the Class, or who wish to review the Class, for their personal educational purposes; and (2) review the Class Recording personally in order to improve their Classes. In addition, Educate.Club may use Class Recordings to to provide and improve our Services, for customer support, and for compliance purposes. Educate.Club retains Class Recordings for two years after the date of the applicable Class, subject to our Privacy Policy, after which they are deleted. Notwithstanding the foregoing, Educate.Club will also delete Class Recordings earlier than two years under the following circumstances: (a) upon the request of a Parent for the deletion of their child’s personally identifiable information, or (b) upon the reasonable determination of Educate.Club that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Class Recordings containing images of you (or your children) for any other purposes without your express written consent. By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.

CERTAIN TEACHER OBLIGATIONS

As a Teacher, you must provide Educate.Club with any information requested in order for Educate.Club to list your Classes through its Services including but not limited to a description of the Classes and the price for the Classes. Educate.Club has sole discretion as to which Classes we list on the marketplace and we reserve the right to reject any Classes or remove Classes from the marketplace for any reason. Additionally, Educate.Club has discretion to edit Class descriptions as needed to conform them to our marketplace standards. Educate.Club has sole discretion as to which Teachers are accepted into the marketplace and we reserve the right to reject any potential Teacher and remove or suspend any Teacher from the marketplace for any reason. Educate.Club may, but is not required to, conduct background checks on and interviews of Teachers in its discretion and solely for its own benefit. As a Teacher, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.

Each Teacher is solely responsible for obtaining all licenses and other permissions required to offer or provide any Classes and Educate.Club assumes no responsibility for a Teacher's failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.

You understand and agree that Educate.Club is not an insurer, agent or employer for you as a Teacher. If a Parent purchases any of your Classes, any agreement you enter into with such Parent is between you and the Parent, and Educate.Club is not a party thereto. Notwithstanding the foregoing, Educate.Club is authorized to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as a Teacher, you are responsible for your own acts and omissions while using the Services. With the sole exception of students enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by Educate.Club to any third parties.

To the extent that you are using the Services as a Teacher, you agree to abide by the terms of our Teacher Guide.