Terms & Conditions

 

Terms and conditions

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Eclass is headquartered in Ho Chi Minh City, Vietnam (below we will abbreviate it as EC) and it provides the services on eclass.edu.vn and its subpages. Only users, who accept the Terms & Conditions, are allowed to use the services provided.

Aside from this agreement, any other regulations on the Site and any notices sent to Teachers or Students will be treated as part of this regulation.

If any of the previously stated Terms & Conditions differs in content, precedence will be taken in the following order: the said description, the said regulations, Terms & Conditions. Also, if the contents of the notice on the website are different from any other received notice, the latest notice will be applied.

These terms cover the rules and regulations for all users on the site (Students and Teachers).

Intended use and offered services of our Site:

•             Acting as an intermediary between Students and Teachers.

•             Offering Teachers a platform to create, edit and publish a profile and sell Lessons.

•             Offering Students a search engine to find Teachers and a booking system to book Lessons.

•             The Payment of the Lessons is handled by EC.

FOR TEACHERS

Teacher Registration

• As Teacher, you must be over 18 years old and be able to make legally responsible decisions.
• By registering, you agree with these Terms & Conditions. In particular, you agree that EC deducts (for the mediated Lessons) a commission as a percentage of the Lesson Price and retains for the provided services.
• The registration is free.
• For each individual only one teacher registration is allowed.
• Application is done by filling out the Teacher registration form.
• EC will invite you for an interview on Skype to establish a basic contact and to get to know you as a teacher. EC is free to check if you are qualified as a teacher and if you suit EC.
• EC will send you an email notifying whether your application has been accepted.
• EC is free to decide on who to accept as Teacher and who to refuse.

Cancellation of User Registration

• If EC, in its sole discretion, believes that you are in breach, or will be in breach, of any of these restrictions, we reserve the right to terminate the service and cancel your account without giving you a reason and/or without further reference to you.

      •  Teachers may terminate the service by writing an email to EC and EC will still pay for the taught hours on the pay date.

Lesson Bookings for Teachers

• As a teacher, the Lesson request shall be confirmed or rejected within a reasonable time. Confirmation must be made at least 8 hours before the starting time or it will be cancelled automatically. 
• A Lesson Booking comes into effect from the moment you “confirm booking” a Lesson request through the system.
• As a Teacher, you agree to give EC the right to debit the Lesson Price from Students Account Balance and if necessary refund the Lesson Price on your behalf.
• You can cancel the confirmed lessons through the site but at least 24-hour-notice must be given. Should short notice cancelations take place it will result in your account being postponed for a 2-week period in which time you shall not be booked for future classes.
• A lesson will be automatically marked as 'Completed’ 48 hours after the lesson end time unless the student reports an issue with the  lesson. 
• EC may withhold the above Payment if any of the following situations arise:
• - If a Lesson was disrupted or believed to have been disrupted for more than 25% of the time promised in the Lesson Booking
• - If EC has sufficient reason to believe that you have violated the Terms & Conditions
• - If EC deems it necessary for any other reason to withhold the Payment of the Lesson Price.
• You will not receive Payment for a Lesson if a Student requests a refund and EC grants it according to the Terms & Conditions. If the Lesson Price for the particular Lesson is subject to a refund but has already been paid out to the Teacher, you will be obliged to send the Payment back to EC.

After the completion of the Lesson the Student is asked to provide fair feedback. It is the responsibility of the Teacher and in his own interest to check the feedback from the student on their correctness and possibly object at EC. EC cannot be held accountable for negative or offensive feedbacks. We do have a strong policy of not removing feedback, however in exceptional circumstances this may be waivered.

Payments & Fees for Teachers

•             The system currency is in Vietnam Dong (VND). All Payments are made in Vietnam Dong (VND).

•             You do not have to pay any registration fees or membership costs.

•             For each quoted Lesson, the teacher must specify a Lesson Price. The Teacher is responsible for the accuracy of the Lesson Price.

•             Trial lessons are not paid.

•             EC will pay the Teachers the Lesson Price minus Commission (18%) for completed lessons.

•             EC pays out the Teachers earnings in cash or via bank transfer on the 8th of every month.

Teachers’ Responsibilities

Teachers agree to carry out the following responsibilities and at the same time agree to not hold EC responsible for any consequences resulting from your failure to carry out the same.

•             Teachers will ensure that any information sent to EC or uploaded through the site to be up-to-date, correct and accurate. Teachers shall immediately submit any change in name, email address, country of residency and other information that EC specifies.

•             Teachers will impart to Students information and knowledge that is truthful, correct and accurate.

•             Teachers will faithfully execute their responsibilities defined in the Lesson Booking (Lesson contents, start time, feedback etc).

•             Teachers are not employed by EC, and as such no employment contract shall exist between Teachers and EC. Teachers must be registered as self employed in both your home country and your current country of residence.

•             Teachers will file and pay appropriate duties and taxes for Lesson Earnings they acquired through the Site to their home country and country of residence.

 

FOR STUDENTS

Student Registration

• As Student, you must be able to make legally responsible decisions.
• By registering, you agree with these Terms & Conditions.
• For each individual only one student registration is allowed.
• The registration is free.
• Application is done by filling out the Student registration form.

Cancellation of User Registration

• If EC, in its sole discretion, believes that you are in breach, or will be in breach, of any of these restrictions, we reserve the right to terminate the service and/or cancel your account without giving you a reason and/or without further reference to you.

• Students may terminate the service at any time they want just by stopping using the Site, however, the account balance will not be refunded to the students.

Lesson Bookings for Students

•             A Lesson can be booked, if the Student Account Balance is equal as or higher than the Lesson Price.

•             A Lesson Booking comes into effect from the moment you click the button “Book lesson now”. A Lesson Booking is a legally binding obligation (purchase of services).

•             The Lesson Price will be automatically deduced from your Account Balance and locked in the system (Lesson Deposit) until either the Lesson was cancelled or completed. If the Lesson was completed, it will be paid to the teacher. If a teacher cancels your Lesson booking, you will get a refund.

•              You can cancel the confirmed lessons but at least 24-hour-notice must be given. Demo lessons cannot be cancelled.

•             After the completion of the Lesson the Student may provide feedback. Teachers can see the feedback and therefore the text has to be fair.

Payments & Fees for Students

•             The system currency is in Vietnam Dong (VND). All Payments are made using Vietnam Dong (VND).

•             You do not have to pay any registration fees or membership costs.

•             The Lesson Price of booked Lessons must be paid in advance. The Price of each Lesson is shown at the particular Lesson.

•             The money in your account will have a validity of 12 months (from the date of the most recent deposit).

 

FOR ALL USERS

Use of Communication Software

You shall use a third party’s internet communications software specified by EC for each Lesson to conduct.

•             When using the internet communications software, you agree to follow the terms of use laid out by is proprietor(s).

•             EC will not assume any responsibility in cases where a Lesson could not be executed due to problems with the hardware or software under your management and care.

Prohibition

You agree not to engage in any activities which are not directly linked to teaching or learning a language while using the Services such as:

•             illegal, criminal, discriminatory, or racist in nature

•             offensive to public order and established morals

•             obscene or pornographic

•             Services which require accredited licenses such as (but not limited to) the offering of legal or medical services without qualification.

•             promote or sell items or services not related to the Lessons being offered

•             engage in activity that infringes, or has the possibility of infringing on the rights, property or privacy of other Students, Teachers or EC

•             delete, tamper, falsify or attempt to inappropriately change information used for our services.

•             engage in activity or use information that violates, or has the possibility of violating copyrights, trademark rights or intellectual property rights belonging to a third party

You agree to compensate EC (for costs including but not limited to legal fees etc.) in the event you cause harm or damage to EC due to violations in regard to these Terms & Conditions or through negligence or willful intent.

Exclusion of Liability

•             EC shall not be obliged to manage the Students’ or Teachers’ behaviour or attitude. Neither shall it be obliged to control the quality of the Lessons that Teachers provide to the Students.

•             EC may but is not obliged to access or control the offered Lesson or any information exchanged between the Teacher and the Student.

•             EC shall not be obliged to verify or guarantee the trustworthiness of any of its Teachers, Students or any information they provide through the Site.

•             EC will not be held responsible for any illegal activity undertaken by Teachers or Students through this service.

•             EC shall assume no responsibility for any information, emails, files or goods exchanged between Students, Teachers, or third parties, they shall absolve EC from responsibilities for any kind of damages or losses of the Student caused by information, file or goods provided.

•             EC guarantees no credibility, accuracy, certainty, reliability, availability etc. about information on the services and quality, reliability, availability of services and Lessons. EC assumes no responsibility for any damage or loss related to these.

•             On no account will EC be liable for any damage and loss arising out of the discontinuation of the services, cancellation of student registration, suspension, change, addition or cancellation of the service.

•             EC assumes no responsibility for any loss or damage that results from an action or failure to act by a Teacher, Student or third party.

•             Other than those stipulated in these Terms of Use, EC shall not be held responsible for any damage or loss arising out of use of the services or Lessons.

•             EC shall not pay any expenses or compensation for Teachers or Students such as:

•             Teaching material or infrastructure needed for teaching or studying.

•             Cancellation fees

•             Compensation fees in the event of no-show or dissatisfaction.

•             Compensation fees in the event of wrong bookings caused by software/system failures.

•             Teachers and Students shall take responsibility for emailing, uploaded information, handling email service providers, and other related conditions, guarantees and statements. Teachers and Students agree to hold EC blameless against any kind of loss or damage, resulting from related correspondences.

Changes, Suspension or Discontinuation of Services

•             EC may temporarily suspend providing the Services without prior notice to Teachers or Students.

•             EC may terminate the services giving notice to Teachers.

•             EC may amend or add contents of the services without prior notice to Teachers or Students.

Rights of EC

EC owns the rights including intellectual property rights to the Site and all information delivered through it including trademarks, pictures, sound, text, videos, images, etc.

You agree to give to EC, free of charge, the unlimited and non-exclusive sublicensing rights to disclose use, show, translate, alter, delete and redistribute any uploaded information and its derivatives that are publically available through your profile or other pages. The sublicensing rights in this Article shall include any text, images, music and content you upload or provide through the Site which do not fall under the definition of Private Information.

Revision of Terms & Conditions

EC may change or update the Terms & Conditions without agreement of Teachers or Students. The new Terms & Conditions will be effective by informing the User.

Governing Law and Court of Jurisdiction

This Agreement shall be governed by and construed under the laws of Vietnam. If a legal dispute should arise between you and another student, tutor, third party or EC you will resort to the jurisdiction of Vietnam.