Terms Of Service

Last Updated: 26 Nov 2021

Welcome to the terms and conditions of use of the LessonPlan website, mobile application and online platform! Please make sure that you read the whole of these terms and conditions, as they shall be construed as a legal contract (the “Agreement”) between you, the User (also “you” or “your” or “user”) and LESSON PLAN PTE LTD, a company currently registered and incorporated in Singapore (also “LessonPlan” or “us” or “we” or “our”) and all the available services and content of http://www.LessonPlan.com.sg , its subdomains and subdirectory sites, and its mobile application, are subject to your compliance with these covenants (the “Website”). If you disagree in part or in whole with any of the herein determined conditions of the Terms you must discontinue your access and use of the Website immediately.

DEFINITIONS
Some definitions are set and determined throughout this Agreement and are clearly noticeable placed between quotation marks. However other definitions require a precise and more elaborate definition for the better understanding of all users. Therefore:
“Platform” shall be the online tool which allows you to access and register on the Website or the Mobile Application, and to use the Services.
“Teacher” shall be those individuals or organizations, eligible in accordance with these terms, which guide Learners and teach them a subject in which they specialize in.
“Services” shall be those available on the website which allows Learners and Teachers to connect or be matched using a unique know-how and algorithm proprietary of LessonPlan, possibly interact and engage between them.
“Sponsors” shall be the paid sponsors and advertisers which may from time to time appear on the Website, in strict compatibility to what is determined in this Agreement.
“Learner” shall be those individuals, which are eligible in accordance with these terms, and are willing and looking to broaden their knowledge in a subject of their choice.
“Subject” shall be an Interest from the Learner’s perspective, and a knowledge, methodology and/or academic proficiency from the Teachers.
“User” shall be the individuals or organizations accessing and/or using the Website and interacting with the Platform regardless of them being Learners or Teachers, which have sufficient authority to be bound to this Agreement, either as individuals or as representatives of public or private organizations.
LESSONPLAN SERVICES
1. SCOPE OF SERVICES. As the provider of an online marketplace, LessonPlan does not own, create, sell, resell, control, or manage any classes. LessonPlan 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 Student 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 LessonPlan 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 LessonPlan. LessonPlan does not control the behavior of Users or the quality of the Classes. As a result, LessonPlan cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.
2. You acknowledge that LessonPlan 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 LessonPlan’s servers on your behalf. You agree that LessonPlan 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 LessonPlan reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that LessonPlan reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3. DISCLAIMER. USERS ACKNOWLEDGE THAT LESSONPLAN DOES NOT DIRECTLY OFFER ANY AUTHORIZED SERVICES, AND THAT LESSONPLAN MERELY SERVES AS A VENUE FOR LEARNERS TO BE CONNECTED TO TEACHERS, TEACHERS WHICH PROVIDE COURSES AND IMPART KNOWLEDGE TO LEARNERS, SERVICE FOR WHICH THE PAYMENT IS TO BE AGREED ON BY BOTH THE LEARNERS AND TEACHERS. AS A TECHNOLOGICAL VENUE AND BY MEANS OF THE PLATFORM USERS STATE THAT THEY UNDERSTAND THAT LESSONPLAN HAS NO CONTROL OVER THE ACTIONS, PERFORMANCE, FINAL QUALITY AND FITNESS OF BOTH LEARNERS AND TEACHERS OR THE COURSES, METHODOLOGY, LESSONS OR KNOWLEDGED WHICH MAY BE IMPARTED TO THEM (ALTOGETHER THE “COURSES”. ALL LIABILITIES ARISING OUT OF THE ENGAGEMENT, HIRING PROCESS, FINAL CONTRACTING AND PAYMENT FOR SUCH COURSES AND ANY ARISING CLAIMS OF PROBLEMS, DAMAGES OR OTHER WRONGDOING BY TEACHERS SHALL BE DIRECTLY TRANSFERRED TO THEM, AND, AS DETERMINED HEREIN. NO LIABILITIES ARE ACCEPTED BY LESSONPLAN TO TEACHERS ARISING OUR OF LACK OF ASSISTANCE, NO-SHOW EVENTS, LACK OF PAYMENT OR UNSUITABILITY OF ANY LEARNERS.
ELIGIBILITY
There is no content on the Platform meant specific for adults or any older audience, thus, the Platform is accessible to anyone. Even so, LessonPlan encourages parents to assist and surveil their children’s activities online.
To open an account the Platform all Users must:
1. Be at least 18 years of age or older and have right, power and authority to enter into this Agreement.
2. Be able to make an online payment by means of a credit card, debit card or be willing to make a cash payment whenever required as determined in the previous Section.
3. Have sufficient authority to enter into this Agreement for themselves or for the organization they may be representing.
4. Commit to comply with the terms and conditions determined herein, and consent to be bound by the Terms.
TEACHER REQUIREMENTS
You represent and warrant that:
1. you are registered, to the extent required by applicable law, for sales and use tax collection purposes in all jurisdictions where the goods and/or services you make available to the LessonPlan platform will be provided;
2. you comply with all laws and regulations applicable to your business (including business licenses, insurance documents, etc.); and
3. your business information and Bank Account as provided pursuant to this Agreement are accurate and you are the authorized person to receive the funds sent by LessonPlan.
Additional to the eligibility requirements of the Section previous to this one, Teachers are expected to:
1. Ensure your classes or other services will be available for purchase by LessonPlan users after you are launched on our Website. We reserve the right to limit or restrict the inventory or number of classes, services and/or spots available. Teacher shall accord the same preferences and priorities to reservations made via LessonPlan as reservations made by Teacher's clients/members. Teacher shall also make any necessary changes and updates to their availability as soon as they become aware of the changes. In addition, Teacher shall not cancel a LessonPlan reservation except where the class or service itself has been cancelled.
2. Have sufficient knowledge and capacity to impart such knowledge to the Learners, in relation to the Subject and/or Course they promote, offer and/or impart.
3. In case of regulated Courses for which a special statute or methodology is to be followed in accordance with Teacher’s local law, Teacher warrant to be law abiding and have full license to impart the Course or to extend any promised titles or certificates when so promised to Student.
4. If LessonPlan discloses any Customer Data to you (or you otherwise have gained access to such Customer Data in connection with LessonPlan), you may only use such Customer Data as necessary for the purpose of booking reservations strictly in accordance with any documented instructions of LessonPlan (“Permitted Purpose”). You shall not use any Customer Data that LessonPlan sends you for any other purpose, including but not limited to marketing or sending communications via mail or email. In order to use Customer Data for any purpose other than the Permitted Purpose, you must collect it directly from the customers in a manner that complies with applicable data protection law. You are solely and exclusively responsible for ensuring that your independent collection and processing of Customer Data complies with all requirements of applicable data protection law. You will notify us immediately of any actual or suspected unauthorized access to or use of Customer Data (or LessonPlan confidential information), and agree to cooperate with us in the investigation of such breach/misuse and the mitigation of any damages. You will bear all associated expenses incurred by us to comply with applicable laws (including, but not limited to, any data breach laws) or arising from any unauthorized access or acquisition of Customer Data by you or any of your employees or agents. As used herein, “Customer Data” means all identifiable information about LessonPlan Users generated or collected by LessonPlan or you in connection with this Agreement, including a member’s name, home, business or other physical addresses, email addresses, phone numbers, birthdate, class participation preferences, tendencies, and financial transaction data.
5. If the Teacher is an Organization:
  1. Teacher shall be bound to declare being an organization at the time of registration and opening of an account on LessonPlan.
  2. Organizations are obligated to make any applicable payments as a business and are strictly prohibited to declare or state being an individual to access the Platform and interact with Learners as individual Teachers.
NO ENDORSEMENT
Despite that Teachers are found on the Platform, LessonPlan does not endorse, sponsor, represent, verify or warrant the accuracy, truthfulness and/or completeness of any information of the Teachers, or warranty of the quality of any Courses of the Teachers. The names, licenses, contact data, experience, academic studies, academic connections and other relevant information were disclosed by the Teachers at the time of their registering on the Platform and LessonPlan does not have any control over such disclosed information, nor could LessonPlan possibly scan and verify such information.
ACCOUNT
Users must register to benefit from any of the provided Services. Once they do, they shall become account holders and shall be solely responsible for the safeguard of their username and password. In the event of disclosure of login information to third parties, either willingly or unwillingly, please immediately change your password and, if necessary, consider reporting such disclosure to us. To terminate an account and delete all related user data, users may contact LessonPlan at [email protected] or via its webform at https://www.LessonPlan.com.sg/contactus.
LESSONPLAN WILL NEVER INQUIRE ABOUT YOUR LOGIN INFORMATION EITHER THROUGH EMAIL, PHONE OR ANY OTHER MESSAGING METHOD.
All the activity coming from an account is construed to be performed by the registered User.
SHARING ACCESS TO A USER ACCOUNT IS STRICTLY PROHIBITED.
OPENING AN ACCOUNT ON LESSONPLAN BY MEANS OF THE PLATFORM IS FREE FOR BOTH LEARNERS AND TEACHERS.
The management, inquiries, information, proposals, quotations and other interactions between users and accounts are not in any way controlled or supervised by LessonPlan, and both Learners and Teachers are solely responsible for them.
PRICES, COMMISSIONS AND PAYMENTS
1. All prices and commissions percentages provided on the Platform are construed final at the time of their subscription. LessonPlan reserves all rights to change the prices, create promotions, bundles or any other activities which change the amount of either prices or commissions, temporarily or permanently, as LessonPlan deems fit. If this changes the date, amount or other detail of any payment which is recurrent, LessonPlan shall require User’s agreement to different charges to User’s reported payment method. All changes shall apply to future charges, and they shall never affect previous payments.
2. Users hereby authorize LessonPlan to make charges to their provided payment methods, pursuant to their purchase of a monthly or annual plan, or for any other purchases made from the website.
3. All payments are processed by a third party, engaged by LessonPlan for such purpose. When disclosing payment information, User warrants to LessonPlan that User owns or is authorized to use such payment method by any relevant party. Payment information is kept private. Users shall assume the payment of any applicable taxes when applicable.
4. Users may not offer Teachers to pay, or make payment using any method other than through the platform. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support at [email protected]
5. Users may not submit proposals or solicit parties introduced through the platform to contract, engage with, or pay outside of the system
6. Users shall be the party obliged to make any tax payments to the maximum extent permitted by law, and therefore Users authorize LessonPlan to make the charges corresponding to the payment or withholding of any taxes or fees imposed by the Republic of Singapore.
7. Users may cancel their accounts or their payments at any time, however refunds shall not be made, unless a specific case falls under Singapore laws which obliges LessonPlan to make such refund.
8. Payments for Qualifying Classes will be paid to Teachers periodically (but in no case later than 15 business days after the last day of the month). Payments for Qualifying Classes are calculated by data contained in the Teacher dashboard and as such will be the final determinant of payment. You may reconcile the data in the Teacher dashboard to our payment and must bring to our attention any discrepancies within 30 days after the last day of the month in which there is a discrepancy.
9. Reconciliation. We have 90 days after each payment to Teachers to make reconciliation adjustments, such as in respect of classes that were cancelled but as to which we have remitted payment. We may credit overpayments against any other payments due to you hereunder. In addition, you agree to provide us reasonable access during business hours to your books and records to confirm that our payments to you hereunder are correct.
10. Except as provided in the next sentence, you agree not to charge LessonPlan Users for any fees associated with attending classes and services booked through our Platform or by LessonPlan. The only charges which you may assess our Users in connection with classes and services booked through our Platform or by LessonPlan are equipment use or rental fees, and then only if such fees expressly have been disclosed to LessonPlan in advance in writing not less than seven (7) days prior to the member’s reservation. Teachers may not charge LessonPlan Users any fee that is not being charged to Teacher’s existing and regular clients. We reserve the right to credit our Users for any fees improperly assessed against them and then to apply such credits against payments otherwise due to you hereunder. In addition, LessonPlan has no responsibility for any payments that may be due to you from our Users.
11. Pricing Integrity. Notwithstanding any language to the contrary in the Terms or in any agreement between Teacher and LessonPlan: You are responsible for providing true and accurate information about your pricing. If the pricing you provide (or the pricing on which your payouts are based) is higher than the pricing you’ve used in non-LessonPlan channels, your earned revenue (and your rates going forward) may be reduced accordingly, and for any overpayments already made, LessonPlan shall be entitled to either receive reimbursement from you for the difference between the amount paid to you and the amount you should have earned, or to deduct such difference from payments to you.
12. Refunds/Reimbursements. If Teacher or Teacher’s personnel receives a cancellation or refund request, Teacher should contact LessonPlan and not provide a refund directly or take any other responsive action, unless LessonPlan provides written instructions to the contrary. LessonPlan may issue refunds to users as required by law or at its discretion. Notwithstanding any language to the contrary in the Agreement, if LessonPlan issues (or confirms that it is planning to issue) a full or partial refund to a purchaser of your Add-on, LessonPlan shall have the right to be reimbursed for the applicable amount by Teacher or to deduct the applicable amount from payments to Teacher in LessonPlan’ discretion; and if LessonPlan requests that Teacher issue a refund to a user directly instead of reimbursing LessonPlan, Teacher shall follow LessonPlan’ instructions. Teacher’s obligations under this section shall apply in all events, including if you are not able to provide the applicable service.
RULES OF ACCEPTABLE USE
Users are to abide and comply with these Terms at all times, when accessing, visiting, interacting or merely navigating through the Platform. Additionally, Users may not:
1. Breach the terms and conditions of these Terms of Use.
2. Frame the Platform.
3. Mirror the Platform.
4. Attempt to make copies of, reproduce or otherwise clone the Platform, its contents, databases, trademarks and any other parts of it, unless authorized in writing by LessonPlan.
5. Try to upload or in any other form infest the server with virus, spyware, malware or any other harmful software.
6. Try to access LessonPlan Platform through a backdoor, creating one, or attempt to access as anything different than a user.
7. Place links to third party Platforms, including website, contact numbers, emails and any other channels to connect with without proper written authorization by LessonPlan.
8. Enter any information which is untrue or is in other ways misleading and unauthorized.
9. Pretend, mislead to believe or impersonate a Teacher or Learner.
10. Aid or assist a third party in any of the aforementioned prohibitions.
Breach of this Section will result in immediate suspension or even permanent ban or deletion of their User’s Account.
LICENSES
1. LessonPlan hereby grants all Users a limited, temporary, non-exclusive right to access the Platform and gather the information they require for their own private, non-corporate, non-public and non-commercial use. Such license does not imply any transfer of any proprietorship, nor does it represent any grant of additional license, title or interest of the Platform or its content.
2. User hereby grants to LessonPlan non-revocable, perpetual, royalty-free, non-exclusive and fully assignable right and license to use, display, publish, communicate to the public, make publicly available, alter, change, modify and correct, at LessonPlan’s sole discretion any uploaded content to the Platform, including, but not limited to: photographs, descriptions, pictures, drawings, texts, audio and video files (altogether the “Media”) to the maximum extent allowed by applicable law.
TRADEMARK AND INTELLECTUAL PROPERTY
All trademarks on the Platform are subject to copyright. All trademarks and logos of LessonPlan are registered to them or pending of registration.LessonPlan is also the owner or the licensee of all the content and their emerging intellectual property rights.
Teacher IP. During the term of this Agreement, and solely in connection with our promotion of your goods and services and LessonPlan, you grant LessonPlan a non-exclusive, worldwide, royalty free, paid‐up, right to use, modify, reproduce, publicly display, bid on, distribute, broadcast, transmit, stream, publish and publicly perform Teacher IP and 3rd Party IP, in each case in all media or formats now known or hereinafter developed (the “License”), including without limitation for your Teacher page, blog posts, emails, banner ads, search engine marketing. While LessonPlan’s use of the Teacher IP or 3rd Party IP as contemplated by this License shall be within our discretion, you expressly retain the right to request that we use Teacher IP or 3rd Party IP pursuant to any written guidelines that you provide to us. After any termination of this Agreement, we will use commercially reasonable efforts to remove Teacher IP and 3rd Party IP from our Website and other marketing materials; however, we will be authorized to maintain Teacher IP and 3rd Party IP to the extent reflected in blog entries, cached pages or in marketing materials where more than one Teacher is referenced or which otherwise would not be commercially feasible for LessonPlan to remove and/or modify.
LessonPlan IP. During the term of this Agreement, you may use the LessonPlan name, logo and other LessonPlan IP specified by us in writing in select locations (e.g., on Teacher’s website, at check in) solely in accordance with any marketing guidelines that we provide to you and subject to our right to withdraw or limit such permission at any time. Without our express written authorization (from an executive officer), you shall not otherwise use LessonPlan IP for any purpose. You agree not to disparage or otherwise denigrate LessonPlan and not to promote a competitive offering.
All rights to Teacher IP and 3rd Party IP not expressly granted in this Agreement to us are reserved by you, and all rights to LessonPlan IP not expressly granted in this Agreement to you are reserved by us.
You shall not prepare any derivative work based on the LessonPlan IP or translate, reverse engineer, decompile or disassemble the LessonPlan IP. You acknowledge and agree that, as between the parties, LessonPlan owns all interest in and to LessonPlan IP. You further agree not to take any action to challenge or object to the validity of LessonPlan’s rights in the LessonPlan IP or LessonPlan’ ownership or registration thereof.
If you provide us with Feedback, you assign to LessonPlan and its affliates all right, title, and interest in and to any intellectual property rights associated with such Feedback. You agree to provide LessonPlan such assistance as LessonPlan may reasonably require to document, perfect, or maintain LessonPlan’s rights in and to the Feedback.
LessonPlan shall have no liability to you, your employees, contractors, agents and its or their affliates in respect of any reviews or comments posted by our Users on our Website or otherwise.
Definitions. As used in this Agreement, “LessonPlan IP” means any intellectual property associated with our Website, Customer Data, LessonPlan trade names, logos, trademarks, domain names, social media identifiers, all data collected through or from our Website, all audiovisual content, video or audio recordings, photographs, graphics, artwork, text or any other content created by LessonPlan or at LessonPlan’ direction, or assigned to LessonPlan, and any materials, software, technology or tools used or provided by LessonPlan to promote the goods and services and conduct its business in connection therewith; “Feedback” means feedback, suggestions, reviews, modifications, data, images, text, or other information or content about our products or services or otherwise in connection with this Agreement, any LessonPlan IP, or your participation in this Agreement; “Teacher IP” means Teacher’s name, logos, trademarks, service marks, domain names, and any audiovisual content, video or recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved for use by Teacher including Digital Content (as defined below) and Feedback; and “3rd Party IP” means any third party’s name, logos, trademarks, service marks, domain names, audiovisual recordings, video or recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved for use by Teacher.
Teachers represent and warrant that:
1. you own all interest in and to the Teacher IP and have the right to grant use the License, and you own all interest in and to the Feedback;
2. the Teacher IP, 3rd Party IP and your goods and services (including the goods/services you make available to the LessonPlan platform) do not include any material that will give rise to civil liability or otherwise violates any law;
COPYRIGHT PROCEDURE
This section of the Agreement has been made pursuant to mandates of the Singapore Copyright Act and other international copyright laws and directives and explains how copyright related claims are processed by LessonPlan.LessonPlan makes an important effort to remain compliant with all applicable regulation to service providers. However, due to the amount and type of Media which is being uploaded to the platform at all times, it is impossible for LessonPlan to determine whether a copyright infringement has occurred. LessonPlan has set out this section so that Users and third parties may easily present a claim in the event of a breach to their copyright.If you believe that any content breaches your copyright or that of a third party you represent, you may send an email to the address specified at the end of this section, to contact us for copyright related purposes, and please make sure you that the email, which is officially a notification, contains the following:
1. Provide us with any electronic signature or physical evidence of the true holder of the copyright of the alleged breaching material, or of the person which is representing and has the authority to make a representation on behalf of the holder of the copyright of the alleged breaching material.
2. Describe and identify the material or materials which is being allegedly breached on the Platform. In case of more than one breach, make sure that you make a list specifying each of the breaching materials.
3. Describe the exact location of the allegedly breaching material on the Platform, by means or links (to URLs) or a direct link to such material or materials. Make sure that the allegedly breaching material is pinpointed for us to identify.
4. Provide us your contact data, so that we are able to contact you. The information we require includes, but may at time not be limited to name, address, telephone or mobile number and your email address. The information you send us shall be governed by our Cookie and Privacy Policies.
5. Also, please kindly attach a statement where you, as the claimant of the alleged breach, that you in good faith and true belief that your copyright or the copyright of the holder you represent is being breached or that related rights are being infringed by material on the Platform, and that such material is not licensed or authorized by the true holder of such rights, by such holder’s representative or agent, or by applicable law.
6. Finally, please also attach a statement that the information disclosed in your email is true, verifiable and accurate, and that, under penalty of perjury, you have full authority to act as yourself, if you were the holder of the copyright which is allegedly being infringed, or in behalf of the holder of that copyright.Please allow a reasonable amount of time for us to react to your email, and make the required verification. Please note that the breaching party may present a counterclaim within the next fifteen (15) days of the notification of the alleged breach. In this case you will be notified of this situation, and this may open the possibility for you to present an official legal claim at the appropriate venues determined by law.Kindly be reminded that it is illegal to misrepresent ownership or copyright of any material, and that LessonPlan may engage in legal actions against individuals or organizations which engage in such misrepresentation, without limiting LessonPlan's rights to recover from any damages or costs it has endures as a result of such misrepresentation.
SPONSORS
LessonPlan is fully entitled to display advertisements and sponsors on the Platform and/or Website, where and whenever it deems appropriate. These advertisements or sponsor images may contain hyperlink that lead out of the LessonPlan Platforms. We strongly encourage all users that, if they opt to engage with such sponsors or advertisement promoters, they carefully read any terms and policies or other legal disclaimers available on their websites and/or applications, as LessonPlan does not have control over such outside places, and that LessonPlan makes no representation or endorsement of the authenticity, reliability or use for a particular purpose of any of the services or products offered by the businesses ran by any Sponsors or Advertisers.
TERMINATION
You agree that LessonPlan, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if LessonPlan believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, illegal activity or in other way harmful against LessonPlan or any other third-party may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. LessonPlan may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that LessonPlan may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that LessonPlan will not be liable to you or any third party for any termination of your access to the Service. The termination will affect the whole contract, but some clauses may survive the termination.
PERSONAL AND PRIVATE INFORMATION
For a clear understanding of the policies applied by LessonPlan in the handling of personal, delicate and private information we recommend you visit our Privacy and Cookie Policy.
PLATFORM AVAILABILITY
LessonPlan shall at all times use reasonable technical and commercial efforts to ensure the Platform’s availability, provided that no situation out of LessonPlan control prevents them for ensuring the availability of the Services, of which LessonPlan shall not be liable for. LessonPlan shall not make refunds or take any liability for unexpected downtimes or for periodical maintenance.
LessonPlan continually updates and tests various aspects of the Platform and may include or exclude you from these tests. We may include you as a participant in new features, offerings and tools that LessonPlan makes available as part of the Platform. We will notify you if you are able to opt-out of participating.
NO WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY ANY RELEVANT FUTURE OR PRESENT LAW, THE PLATFORM AND ANY LESSONPLAN SERVICES AVAILABLE ON THE WEBSITE AND MOBILE APPLICATION ARE PROVIDED BY LESSONPLAN SOLELY ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND LESSONPLAN HEREBY DISCLAIMS AND MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE SERVICES AND/OR THE PLATFORM AND THE WEBSITE AND THE INFORMATION MADE AVAILABLE ON ANY OF THE AFOREMENTIONED, EITHER IN WHOLE OR TORT OR PART. ADDITIONALLY, LESSONPLAN DOES NOT WARRANT THAT THE PLATFORM AND SERVICES ARE IN ANY WAY ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED. IN CASE ANY SPECIFIC REPUBLIC, COUNTRY, STATE, PROVINCE OR REGION DO NOT PERMIT OR LIMIT ANY OF THE DISCLAIMERS OF THIS SECTION OR THE WAIVING OF WARRANTIES, THE AFOREMENTIONED IN THIS SECTION MAY NOT APPLY TO YOU, THE USER. IN CASE THAT ONLY PARTY OF THE DISCLAIMER OR WAIVER DOES NOT APPLY TO YOU DUE TO LEGAL LIMITATION, THE OTHER PARTS OF THE DISCLAIMERS OR WAIVERS SHALL STILL APPLY TO YOU IN FULL.
NO WARRANTY IS MADE BY LESSONPLAN IN ANY OF THE QUOTATIONS, THE QUALITY OF THE SERVICES OF TEACHERS, PAYMENT OF LEARNER, PURPOSE OR FITNESS OF THE ACQUIRED SERVICES, LEGALITY OR REGULARITY OF ANY OFFERED SERVICES, ITEMS OR BUDGET, WHICH ARE DISPLAYED, AVAILABLE OR ACCESSIBLE THROUGH THE PLATFORM AND THE WEBSITE. USER SHALL ASSUME ALL LIABILITY FOR DAMAGES AS A RESULT FOR A UNSUITABLY, UNTRUE, FALSE, MISLEADING, DECEITFUL OR WRONG DESCRIPTION OF SERVICES, PRODUCTS, STUDENT INFORMATION OR ANY OTHER RELATED DATA OR STATEMENTS.
LIMITATION OF LIABILITY
LESSONPLAN SHALL NOT BE LIABLE IN THE EVENT OF ANY OCCURRENCE WHICH RESULTS IN ANY SPECIAL, DIRECT, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, OR OF THE PERFORMANCE OF ANY PERFORMED SERVICES HIRED THROUGH THE PLATFORM, THAT RESULT FROM THE NORMAL USE OR THE INABILITY TO USE THIS PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THEREIN, EVEN IF LESSONPLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER ASSUMES TOTAL RESPONSIBILITY AND ABSORBS ALL LIABILITY FOR USING THE PLATFORM.
THE ONLY REMEDY OF LESSONPLAN TO ANY USER FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM, THE ABILITY TO CLOSE THEIR ACCOUNTS AND DELETE THEIR INFORMATION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE CUMULATIVE LIABILITY OF LESSONPLAN ARISING OUT OF OR IN ANY WAY
CONNECTED TO THESE TERMS SHALL NOT BE MORE OF ANY AMOUNT PAID TO LESSONPLAN BY SUCH USER.
THE LAST PARAGRAPH MAY NOT APPLY TO YOU IF IN YOUR STATE OR COUNTRY SUCH LIMITATION OF LIABILITY IS NOT PERMITTED BY LAW.
FURTHERMORE, CLIENT STATES TO USE THE PLATFORM, SEND SERVICES REQUESTS, APPROVE OF QUOTATIONS AND FURTHER ENGAGING WITH THE SERVICE PROVIDERS AT THEIR OWN SOLE RISK.
DISPUTES BETWEEN TEACHERS AND LEARNERS
At LessonPlan we take special care of both the Learners and the Teachers, so we make an extra effort attempting that each contract and engagement is completed without hassle or problems of any kind. Even so, at times Learners and Teachers may have disputes and claims between each other. The continued intention of LessonPlan shall be to provide the necessary tools to help Learners and Teachers to solve their disputes in an independent manner. In the very rare situation where a dispute is not resolved independently, both Student and Teacher oblige themselves to solve any problems, claims, actions or damages by continuously communicating with each other, and only if necessary use other legal tools such as mediation and arbitration. LessonPlan shall have the right, but not the obligation to, participate in any such procedure at LessonPlan’s sole initiative and decision. No obligation weighs on LessonPlan to participate in any disputes, to the maximum extent permitted by applicable law.
Notwithstanding what is determined in this Section, LessonPlan may attempt to mediate themselves, or, in case of an irregular or illegal conduct, suspend and/or delete User Accounts of those involved, without prejudice to inform the authorities, if the situation so requires.
DISPUTE RESOLUTION WITH LESSONPLAN
In the unlikely event that we cannot resolve any type of dispute any user has with LessonPlan, the parties hereto agree that all disputes or conflicts arising out of this Agreement shall be solved by arbitrators located in Singapore. Rules of the Singapore International Arbitration Centre (“SIAC”) shall apply. The prevailing party may be reimbursed any legal expenses, including without limitation, any reasonable attorney fees.
GOVERNING LAW
This Agreement shall be governed by the laws, acts and regulations of the Republic of Singapore, and in the event of any conflicts arising of the terms and conditions determined herein may be construed by the courts which are deemed competent and so determined by applicable law.
NOTE THAT THIS DOES NOT EXTEND TO ANY CONFLICTS BETWEEN TEACHERS AND LEARNERS, AND LESSONPLAN DOES NOT REPRESENT THE BEST INTEREST OF ANY OF THE PARTIES, NOR SHALL LESSONPLAN BE OBLIGATED TO PARTICIPATE IN ANY KIND OF LITIGATION, CLAIMS, COUNTER-CLAIMS, ARBITRATION OR OTHER DISPUTE, LEGAL OR NOT, BETWEEN USERS OF THE LESSONPLAN PLATFORM.
INDEMNIFICATION
User hereby agrees to keep LessonPlan indemnified and hold LessonPlan harmless from and against all claims of loss and/or damage in case of wrongful or inexpert use of the Platform. Also, both Teachers and Learners shall keep LessonPlan relieved, indemnified and free of any claims from other User’s if the Platform for any direct or indirect damages, resulting from disputes or problems which occurred during the performance of the Services. LessonPlan waives all liability of non-authorized use of the Platform or registration of Children without the explicit consent of their Parents or Guardians.
SEVERABILITY
If any provision of this Agreement is, held or interpreted to be invalid or in other way unenforceable, the other provisions of this Agreement will remain enforceable for all purposes which may assist the parties to this Agreement.
NO WAIVER
Any delay or failure by either party to this Agreement to execute or exercise any right or claim related to the terms and conditions determined herein, shall not be construed as a waiver of such right.
ASSIGNMENT
The Parties hereto agree that:User may not assign any of User’s rights or obligations determined in this Agreement to any third parties, without express and explicit written consent of LessonPlan. LessonPlan, on the other hand, may at any time assign this Agreement, provided that the conditions and terms of this Agreement survive such assignment and are kept identical or improved by the assignee, and the fees are kept unchanged for a period of no less than six (6) months.
REMEDIES
It is determined that all rights and remedies of LessonPlan under this Agreement are cumulative. User acknowledges that the Services and/or the Platform may contain valuable trade secrets and proprietary information of LessonPlan, and that any breach of this agreement regarding intellectual property and/or copyright may constitute immediate and irreparable harm to LessonPlan its affliates, licensors, Teachers, shareholders and agents, and that these would not be relieved by a simple monetary damage recovery. If such breach occurs, LessonPlan shall be entitled to seek injunctive relief without any other requirements or requisites. In case that any legal action is promoted in relation to this agreement, the prevailing party may seek reasonable attorney fees, legal costs and other expenses, in addition to any other relief which LessonPlan may seek.
FORCE MAJEURE
Any delay in the performance of any duties or obligations of LessonPlan, except the common obligations on the Client’s part, such as the payment of any performed services, shall not be considered a breach of this Agreement, provided that such delay is caused by shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as possible. USER NOT PAYING PERIODICAL OR ONE-TIME CHARGES DUE TO FORCE MAJEURE EVENTS ARE NOT CONSTRUED TO BE FORCE MAJEURE EVENTS FOR THEMSELVES. IN SUCH EVENT THE PAID PRIVILEGES OR SERVICES MAY BE SUSPENDED UNTIL THE PAYMENT IS FULFILLED.
REVISIONS TO THIS AGREEMENT
LessonPlan reserves the right to revise the terms and conditions of this Agreement, to make changes to it or to the Services, layout and other relevant parts of the Website. Changes to this Agreement shall be posted in this section of the Website, and an e-mail warning of the upload to such section shall be sent to the User’s email address. Even so, LessonPlan strongly recommends all Users to visit this part of the Website which contains the Terms of Use periodically. In case that a User should not agree with any changes made to the terms and conditions of this Agreement, such User’s sole remedy shall be to discontinue his/her access to the Platform and close and/or delete their accounts. The continued use and access of the services shall be deemed as acceptance of User of the announced amendments, revisions or changes to this Agreement. In the event to changes to our Cookies and Privacy Policies, User must affirmatively show consent to such changes, and shall be prompted to do so on the Website after login into User’s account.
ENTIRE AGREEMENT
This Agreement shall be construed as the final and entire agreement between the parties respecting the subject matters determined herein and supersedes all prior discussions, either written or oral, respecting the terms and conditions set in this Agreement.