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Terms & Privacy policy: ChooseYourTeacher.com


GENERAL TERMS

Lastly updated: 12 September 2019

Terms of service

OVERVIEW

This website is operated by ChooseYourTeacher.com. The aim of this website is to connect teachers and learners in order to offer life optimization tools, knowledge and skills. It allows the creation of profiles for teachers and students and the posting and distribution of classes, either individual classes or in groups. Throughout the site, the terms “we”, “us” and “our” refer to ChooseYourTeacher.com. ChooseYourTeacher.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, but without limitation to, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service and of the privacy policy by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our platform is hosted on WordPress, with tools from WooCommerce. They provide us with the online e-commerce platform that allows us to arrange for bookings between our teachers and learners. 

ONLINE PLATFORM TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without expressly written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site or through our teachers is not accurate, complete or current. The material on this site and the knowledge and skills of our teachers are provided for information goals only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site or on the knowledge and skills of one of our teachers is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Teachers set their prices and might be subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

We reserve the right, but are not obligated, to limit the availability of our products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice by the teachers. We reserve the right to discontinue any offered service at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant the quality of any teacher or the knowledge and skills that he or she teachers, the services, information, or other material that he or she provides. 

There is no refund possible for the bookings a user made on our website. 

REGISTRATION, ACCESS AND TERMINATION

As a learner, you can only make use of the knowledge, skills and experience our teachers offer, when you register through our website. As a teacher, you can share everything that will help improve a learner. You could share for example, but not limited to: your knowledge, skills and experience. From here, this is called knowledge and skills. As a teacher you may only share your knowledge and skills when you have posted an advertisement through the platform (“listing” or “talent”) and you may only contact the learners you want to share your knowledge and skills with through the booking system on our website. It is possible to teach multiple learners at the same time, if and only if indicated the exact amount of learners while booking the class, and under the condition each learner agrees with the (amount of) group members. Teachers and Learners connected through this platform are not allowed to contact each other  in the context of sharing knowledge and skills without using the platform. Before granted access to our platform, every teacher will sign a contract saying that when he or she teaches a learner, connected through our platform, without using the platform, the teacher obliges his- or herself to pay a fine of 2000 euro, with an increase of 50 euro a day, for every day this violation of our terms continues. 

It’s a teacher’s responsibility to update his availability in the calendar in which a learner can book him or her. It’s also a teacher’s responsibility to cancel if he or she cannot live up to the booking and agreements made with the learner. It’s up to the teacher and learner to find a new date and time, so that they can live up to the agreements, unless the learner indicates to not want a class by this teacher. 

You must be an adult, or have permission of the adult who’s responsible for you, to post a class. There is no minimum age to access courses published on the site. ChooseYourTeacher.com reserves the right to refuse a registration if these terms and conditions are not met. After registration, the user will have acces to his account with the email address he provided and his password. The user who has lost his password has the ability to request a new password via the website of ChooseYourTeacher.com.
The user and ChooseYourTeacher.com may terminate their contract and / or terminate the user registration at any time, without having to justify on both sides.
Any cancellation will be via the contact form on the website or by e-mail.
ChooseYourTeacher.com reserves the right to terminate the registration of a user who has violated any of these terms and conditions. As such, inappropriate behaviour should be made known to ChooseYourTeacher, so that we can take measures adequately, and protect other learners and/or teachers. 

STUDENT AND TEACHER STATUS  

Students and teachers make use of the booking system provided by ChooseYourTeacher.com. This means both student and teacher are individuals, only connected by ChooseYourTeacher. For this service, we charge service costs through a commission over each booking. The teachers are independent contractors who operate a separate and distinct business from ChooseYourTeacher and by agreeing to these terms of service, you’ll acknowledge this. As such, we do not control the manner or method of service to a learner, exercise no control over the working relationship and do not warrant the service nor quality of any Teacher. 

Teachers are solely responsible for all tax returns and payments required to be filed with, or made to, any state or local tax authority with respect to the payment they receive from their Students, through our platform.
No part of your compensation will be subject to withholding by us for the payment of any social security or any other employee payroll taxes. 
Teachers are not authorized to make any representation, contract, or commitment on the behalf of ChooseYourTeacher, unless specifically requested or authorized by us in writing to do so.

FUNCTIONING OF THE WEBSITE AND CONNECTIONS BETWEEN TEACHERS AND STUDENTS
The content of each class can be regularly edited and updated by the teacher – or be removed by either the teacher or by ChooseYourTeacher.com.
Before the payment for the class, contact between students and teachers are only made with the message or booking system of ChooseYourTeacher.com.
To facilitate the relationship between users, ChooseYourTeacher.com reserves the right to verify, filter, modify, maintain and / or remove internal message before sending them to the addressees.

Connections with the objective to provide services and / or competing products, unsolicited email commercial … are not allowed.
ChooseYourTeacher.com retains the right to directly contact teachers and students to facilitate the Commercial relation if necessary.
ChooseYourTeacher.com cannot guarantee the accuracy of the information contained in the class descriptions and the profiles of the teachers.

Classes must not contain false information, illegal or likely to mislead students into error. If deemed necessary, ChooseYourTeacher.com reserves the right to modify a class or profile in its sole discretion, without the user being notified, and without having to provide justification.
Classes that do not conform to the purpose of the site, its terms of use, or with incorrect e-mail address will be deleted.
Classes cannot, in their description, include elements to find the contact details of the author without using ChooseYourTeacher.com.
ChooseYourTeacher.com reserves the right to modify, delete or ask the author to change the published classes in question.
The teacher cannot in any case expect any compensation. He will have to change his published classes to allow their publications.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please see our Privacy Policy under the General Terms. 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall ChooseYourTeachers.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ChooseYourTeacher.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Netherlands. 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Unlimited email support
ChooseYourTeacher.com has a dedicated customer support available to assist you and answer any questions that arise. We want to hear from you, so please don’t hesitate to contact us at info@chooseyourteacher.com. 


PRIVACY POLICY

Lastly updated: 12 September 2019

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a booking through chooseyourteacher.com (the “Website”). This policy is effective from 01/05/2019. If we update the policy, this page will be updated accordingly. By using the Website, you agree with our general terms and privacy terms. In case of violating these terms, ChooseYourTeacher.com reserves the right to ban the violator from the website and its services. 

We collect (some of your) personal data

When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Website, we collect information about, but not limited to, the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:

– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

– “Log files” track actions occurring on the Website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

– “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Website.

Additionally when you make a booking or attempt to make a booking through the Website, we collect certain information from you, including your name, billing address, payment information, email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

Payments

In order for you to pay a booking through our website, we cooperate with Tikkie. Please read Tikkie’s privacy policy here: https://www.tikkie.me/privacyverklaring

Reactions

If visitors leave reactions or reviews on the website, we collect the data showed in the reaction form, the user’s IP address and the browser user agent to help detect spam. An anonymized string, based on your email address (also called hash), can be send to the Gravatar service in case you are using it. Gravatar’s privacy policy page is to be found here: https://automattic.com/privacy/. After your reaction or review has been accepted in order to be published, your profile picture will be publicly visible in the context of your reaction on our website.

Media

If you are a registered user and upload images onto our website, make sure these images don’t include EXIF GPS location data. Visitors on our website can download the images and extract the location data.

We might share your personal information

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use WooCommerce to power our online booking system — you can read more about how WooCommerce uses your Personal Information here: https://woocommerce.com/gdpr/. We also use Google Analytics to help us understand how our customers use the Website — you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/, here: https://support.google.com/analytics/answer/3379636?hl=nl&utm_id=ad&authuser=0 and here: https://privacy.google.com/businesses/processorterms/ . You can choose to opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

YouTube

Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited.

If you’re logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.

YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.

Google Web Fonts

For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our plugin. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

If your browser does not support web fonts, a standard font is used by your computer.

Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy at https://www.google.com/policies/privacy/.

Behavioural Advertising

As described above, we might use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:

– Facebook: https://www.facebook.com/settings/?tab=ads

– Google: https://www.google.com/settings/ads/anonymous

– Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

“Do not track”

Please note that we do not alter our Website’s data collection and use practices when we see a Do Not Track signal from your browser.

Your Rights 

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make a booking through the Website), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Data Retention 

When you make a booking through the Website, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Questions? We are here for you

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at info@chooseyourteacher.com or by mail using the details provided below:

ChooseYourTeacher.com
Uilenstede 409, 1183AE Amstelveen, Netherlands