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Study Buddy Learning – Additional Terms for Instructors

Effective Date: 12-10-2020

Welcome to Study Buddy Learning which is operated and owned by Higher Level Learning, Inc. and its related entities or body corporates (“HLL”, “us”, “we” and “our”).  .

As an Instructor, your use of the Services is governed by the Terms of Use, the Privacy Policy , and these Additional Terms for Instructors. We recommend that you read all three documents, before using the Services.

When you read these Additional Terms for Instructors, you will come across certain capitalized terms. The capitalized terms which are not defined in these additional terms, will have the same meaning as set out in the Terms of Use or the Privacy Policy.

1              Code of Conduct for Instructors

This code mentions the core values and professional standards that Instructors must always observe. In order to ensure the quality of the Classes and to keep the atmosphere during the Classes courteous, pleasant, and conducive to learning, it is important that Instructors act in keeping with the ‘Code of Conduct for Instructors’.

Instructors must:

·                Represent themselves, their experience, professional status, and qualifications honestly;

·                Respect the privacy of Students and the confidentiality of information gained in connection with the Classes;

·                Be committed to equality and inclusion and to respecting and accommodating diversity among Students arising from gender, family status, religion, race, disability, ethnicity, and socio-economic status;

·                Acknowledge and respect the uniqueness and specific needs of Students;

·                Seek to develop positive relationships with Parents and Students and act in a manner that is characterized by professional integrity and judgment;

·                Apply their knowledge and experience in instructing Students;

·                Fulfill and maintain basic expectations from a quality Instructor;

·                Communicate effectively with Parents and Students and in a manner that is professional, collaborative, and supportive; and

·                Should not promote any products or services unrelated to the Class.

Any Instructor whose actions do not conform to the ‘Code of Conduct for Instructors’ will not be allowed to conduct any further Classes, and HLL will be entitled to refund Parents for all such Classes from the Payments (defined below) made to Instructor.

HLL will not be liable for any loss that arises from HLL disallowing any Instructor from conducting the Classes, because of the failure of Instructor to follow the Code of Conduct for Instructors.

2              Payment terms for Instructors

2.1           Payments to Instructors

The Instructor will be paid a fee as mutually agreed before the commencement of the Classes (“Instructor Fees”). Additionally, any tip paid by the Parents for the Instructor will be fully paid to the Instructor after assessing a processing fee at the rate of 8%.

The Instructor Fees will be payable weekly upon submission of post-session report of the Students being taught by the Instructor.

The rate above may be varied from time to time by HLL at its sole discretion and, if the revised rate is not acceptable to the Instructor, he/she shall cease to provide his/her services through the Platform.

3              Additional terms and conditions for Instructors  

3.1           Instructor’s responsibility for User Content

You are entirely responsible for the truthfulness, accuracy, and completeness of any User Content (as defined in the Terms of Use) that you make available through the Services. You agree to promptly correct any untruthful, inaccurate, or incomplete content in your User Content using the Services.

In addition, you agree that any User Content you post will comply with the User Guidelines stated in Section 6 of the Terms of Use.

You agree that HLL does not have any control over any User Content or Feedback posted about you or any Classes that you offer. If you would like to report any irrelevant or inappropriate review about you or your Class, please notify us at [[email protected]].

You agree that our decision to remove, censor, edit or delete any User Content and Feedback will be final. HLL will not be liable for any loss that arises from its decision to (or not to) remove, censor, edit or delete any User Content and Feedback.

3.2          Restrictions regarding use and sharing of Children’s Data

You acknowledge that Parents may use the Services to authorize you to access Children’s Data. You agree that HLL will not send you Children’s Data unless Parents explicitly authorize the transfer of Children’s Data to you.

In addition, you acknowledge that children may disclose Children’s Data to you and other Students that participate in the Class. You represent and warrant that you will access and use all Children’s Data that you receive in accordance with:

·                The Agreement; and

·                All applicable laws, rules, and regulations including applicable provisions of COPPA. 

You agree not to use Children’s Data for any other purpose, or to disclose such data to any third person or entity.

3.3          Unauthorized access or use of Children’s Data

In the event you become aware of any potential or actual unauthorized access or use of the Children’s Data, you agree to notify HLL promptly, to allow HLL to comply with its obligations under applicable law. In addition, you also agree to reasonably cooperate with the other party and any law enforcement or regulatory officials.

4              Term and Termination

4.1          Commencement of the Agreement

The Agreement commences on the date when you first access or use the Services or check the box to confirm that you agree to our Terms of Use and Privacy Policy or provide Classes to the Students registered on the Platform, and continues until the Agreement is terminated in accordance with this Section 4.

4.2          Termination of the Agreement

HLL may terminate the Agreement in the following circumstances:

·                 Immediately, if HLL closes your Account in accordance with Section 10 of the Terms of Use;

·                 Immediately, if you become subject of a petition in bankruptcy or another proceeding relating to receivership, insolvency, liquidation, or assignment for benefit of creditors; or

·                 Immediately, if your account is suspended by HLL and you fail to rectify the cause of such suspension to HLL’s reasonable satisfaction within 30 days from the date of suspension.

You agree that termination of the Agreement will not relieve you of your obligation to pay HLL, fees for any period prior to the date of termination of the Agreement.

5              Representation and Warranties of Instructors

5.1          Representation and Warranties

You represent and warrant to HLL that:

·                You have the right and authority to enter into the Agreement and to perform all your obligations under the Agreement;

·                You are not a party to any agreement, or understanding which would prohibit, limit, restrict, or impair in any manner your performance related to the Agreement;

·                You have the necessary qualifications, experience, licenses, permissions, work visa (if you are a non-US national) and consents to conduct Classes under the Agreement;

·                Your performance related to the Agreement will not violate any applicable laws, rules, and regulations including applicable provisions of COPPA;

·                Your performance related to Agreement will not defame, slander, libel, disparage, or invade the privacy rights of any person or entity, or contain false or misleading information;

·                The information or description that you provide about the Classes or about your experience or qualifications are not false or misleading;

5.2          Acknowledgements

You acknowledge that you will conduct the Classes independently free from our control and direction in connection with the work performed. You will exercise your reasonable care and discretion in conducting the Classes for the benefit of the Students.

Although you can choose your own hours and terms of work and are free to choose the Students whom you will be offering your teaching services before beginning the Classes, you cannot cancel the Classes or reject any Student after commencement of the Classes without any justifiable reason, which needs to be notified to us in a timely manner as per Section 7 below.

5.3          Relationship between HLL and Instructor

Notwithstanding any contrary provision hereof, you further acknowledge that this Agreement does not (and is not intended to) create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship of any kind between you and HLL. Instructor shall not be eligible to participate in any of HLL’s employee benefit plans, fringe benefit programs, group insurance arrangements or similar programs.  HLL shall not provide workers’ compensation, disability insurance, social security or unemployment compensation coverage or any other statutory benefit to Instructor. Instructor shall comply at Instructor’s expense with all applicable provisions of workers’ compensation laws, unemployment compensation laws, federal social security law, the Fair Labor Standards Act, federal, state and local income tax laws, and all other applicable federal, state and local laws, regulations and codes relating to terms and conditions of employment required to be fulfilled by employers or independent contractors.

5.4          Indemnity

Instructor agrees to indemnify HLL from any and all claims, damages, liability, settlement, attorneys’ fees and expenses, as incurred, on account of Clause 5.3 or any breach of this Agreement or any other fraudulent, reckless, negligent, wrongful, dishonest or malicious action or inaction by or for or on behalf of Instructor.

6              Notice for California Residents

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

7              User Disputes

You acknowledge and agree that HLL merely provides a platform and venue for Parents to research and enroll the Students in the Classes, and for you to provide Classes to such Students. HLL does not provide any services except the Services.

If you have a dispute with one or more Users, you hereby release HLL (and our officers, directors, managers, members, agents, subsidiaries, joint ventures, and employees) from any claims, demands, fees, expenses, or damages of any kind or nature, known or unknown, arising out of or in any way connected with such disputes.

Waiver of California Code §1542

If you are a California resident, you hereby waive California Civil Code §1542, which provides that:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”