Below are the terms and conditions by which Learntalk Ltd. offers its service.
Parties:
This agreement is between the following parties:
A: You, the customer. Any mention of “you”, “your”, “student”, “customer”, ”user” or “client” should be considered as equivalent;
And,
B: We at Learntalk. Any mention of “we”, “our”, “the company” or “Learntalk” are considered equivalent.
Terms and Conditions
By visiting the website and registering with a username and password, you hereby assent to the following terms and conditions:
1. Change the scope of this Agreement
Learntalk maintains the right to change its terms of service from time to time without the prior approval of our students, teachers or other stakeholders. These changes will be immediately reflected on our website.
2. Service overview
Learntalk provides one-on-one and group online tutorials and consultancy to its students and customers.
3. Products
3.1 Lesson Cancellations & No Shows
If you cancel more than 24 hours before a scheduled individual or group lesson, you will maintain the credit for booking it again.
If you cancel less than 24 hours prior to the class or fail to show up, you will lose the lesson.
7. Refunds
Once you have purchased any of the available packages from Learntalk, you will not be entitled to any refunds or additional lessons, even if lessons are cut short by technical difficulties or unclear sound quality. Any requests for refunds or additional lessons will be evaluated on a case-by-case basis at the sole discretion of Learntalk's management.
8. Teachers
Our teachers are contractors, and may work for our clients or as contractors for Learntalk. They are not employees of Learntalk Ltd.
We expect them to follow the strict application of our Privacy Policy (also attached to the website). However we are not ultimately responsible for what they do with any information you volunteer to give them in the course of the lessons with them.
Teacher will be held directly liable should the tone or content of their communications with you be deemed offensive in any way. We hold no responsibility for this, although we will be sure to investigate and discipline the offender if necessary, including, but not limited to, suspending or terminating their contract with Learntalk or reporting their conduct to the relevant government authorities.
9. Account Security
You are responsible for saving and protecting your account details and password. Learntalk will not be held liable should someone enter your account and change your settings or use your lesson credits.
10. Equipment and Conditions
The following equipment is strongly recommended for you to maximize your experience as a student at Learntalk:
Minimum of 3 megabytes per second download speed broadband internet connection
Desktop / laptop / tablet
Headset
5 Megapixel web camera
Learntalk does not bear any responsibility for the quality of your Internet connection. Learntalk’s video conferencing platform powered by third party infrastructure and will not be able to reimburse students on this basis. Please communicate directly with your Internet Service Provider if problems persist.
11. Teacher cancellation
We apologize for any instances of your teacher at Learntalk being late for a scheduled class or missing it completely. In the event that your teacher misses a scheduled class or turns up late, please inform us immediately at the following email address: hello@learntalk.org. You will not be charged for that lesson and we will investigate the incident and assure you that the teacher will be appropriately sanctioned for their misdemeanor.
From time to time, some teachers will cancel booked lessons in advance. You will be immediately notified of the cancellation and will be given the opportunity to re-book your lesson with another teacher of your choice. Your account will not be debited for the canceled lesson, and we will credit you with an extra free lesson to help make up for any inconvenience caused.
If you are not present for your lesson by 15 minutes after its scheduled start time, the class will be deemed cancelled and you will be charged in full.
12. Temporary interruption of service
Learntalk bears no liability for interruption or cancellation of services due to force majeure events such as floods, fires, uprisings etc. In the event that lessons are cancelled by Learntalk, your account will not be debited.
13. Credit expiry
The credit loaded onto your account will expire if it remains unused 12 months after purchase and will not be refunded to you.
14. Stop service, revocation
Learntalk reserves the right to revoke your account and cancel all credits at any given time; however, this will only be enacted should Learntalk have just cause.
Learntalk reserves the right to refund students their money, net of their per-lesson fees at any time, for any reason.
14.1 One Person One Account
Only one person can use one account. If we suspect that multiple students are using the same account, we will immediately suspend the student account pending investigation.
14.2 Removal From Classes
Learntalk retains the right to remove students from courses, should they feel that they are not taking them seriously and wasting teaching time.
Examples of this type of behavior that will not be tolerated include students who are repeatedly late for classes, have consistently poor internet and hardware making teaching nearly impossible, consistently end classes early, or do not pay attention during classes. They are wasting their own time as well as that of their teachers. Consequences of such behaviour will be refunding of any payments made to Learntalk, net of consumed lesson costs calculated at Pay As You Go rates.
Other behaviour warranting account suspension that will not be tolerated from students will include the use of swear words, nudity, offensive comments in class about religion, gender, sexual orientation or ethnicity.
15. Disintermediation
Learntalk teachers and its client’s teachers are exclusively authorized to teach with Learntalk. Should they solicit students to take private lessons apart from what is scheduled by Learntalk, or should they attempt to contact students outside of lesson hours, we would appreciate if students would immediately report them directly to hello@learntalk.org as this is in breach of contract.
If students begin to take classes with Learntalk teachers outside of Learntalk schedules, Learntalk reserves the right to cancel their accounts and all credits.
16. Intellectual Property
Learntalk’s brand and operations are wholly owned by Learntalk Ltd. All lesson plans, teaching materials and artwork on our website or within our teaching materials are proprietary and owned by Learntalk Ltd. and shall only be used by students and teachers for Learntalk-related activities. These materials shall not be sold, leased, licensed, used, copied or redacted for any other purpose than tuition of Learntalk students in the context of classes scheduled through Learntalk’s website. Any planned use of these materials for other purposes must be sanctioned in writing by Learntalk management. Legal action may be taken in the case of intellectual property infringement.
17. Jurisdiction
These terms of service are in compliance with Hong Kong law. Learntalk Ltd. is a Hong Kong corporation. Any disputes arising from these Terms & Conditions are subject to Hong Kong law and the pertinent courts in that country.