Study Buddy Learning – Additional Terms for Parents

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 a Parent, when you create an HLL account or otherwise engage with the Services, your use of the Services is governed by the Terms of Use, the Privacy Policy, and these Additional Terms for Parents.  We recommend that you read all three documents, before using the Services.

When you read these Additional Terms for Parents, 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              Terms and conditions for making payment for the Classes

1.1          Paying for the Classes

You must pay for all Classes that you enroll in, or register for, on the Platform.  You authorize HLL to charge the full amount for these Classes to your chosen payment provider.

1.2          Modifying Class schedule and cancelling listing

We can modify the timings or schedule of the Classes at any time, or cancel listings in our sole discretion. Refunds or credits for modified or canceled listings will be notified to you at the relevant time.

1.3          Refunds and credits for Classes

You may cancel a Class, or apply for a refund or credit for unused full months of a subscribed Class as per the provisions below by emailing us, learn@learnathome.org or through our website:

(a)         You can cancel an ongoing Class with monthly subscription by the 21st of the ongoing month to avoid being charged for the upcoming month. We do not offer refunds for the upcoming month if the subscription is cancelled after the 21st day of the previous month.

(b)         Yearly prepaid subscription for a Class can be cancelled and a refund can be requested for the remaining unused full months if the cancellation is requested by the 21st of the ongoing month. However, in such case, the completed months will be billed at the month-to-month rate then applicable to the Class and a processing fee of 8% will be charged on the balance refundable amount.

Please note that all referral fees, credit card processing charges, or transaction charges for failed payment charged by HLL are non-refundable.

1.4          Billing policies

Except as otherwise specified in the Agreement, all amounts chargeable for the Classes and applicable taxes on such amounts are charged in United States Dollars and are payable in advance.

1.5          Payment information

All payment information that you provide to HLL must be accurate, complete, and current. HLL reserves the right to suspend the Services until you provide a valid method of payment.

By providing your payment information to HLL, you authorize HLL to charge your payment method for the following amounts:

·                Applicable charges for the Classes booked under your account; and

·                All amounts payable by you under the Agreement, like applicable taxes on any charges payable by you.

You represent that you are an authorized user of the payment provider, and will not dispute any scheduled transactions with your payment provider, if they correspond with the Agreement. If any payment request made by HLL is rejected owing to insufficient funds or lack of authorization, you agree to pay HLL within 48 hours or risk your account being closed.

2              Code of Conduct for Parents and Students

2.1          In order to keep the atmosphere during the Classes courteous, pleasant, and conducive to learning, it is important that Parents and Students act in keeping with the ‘Code of Conduct for Parents and Students’.

Students and Parents may never:

·                 Engage in or threaten violence;

·                 Intimidate, bully, or harass the Instructor or other fellow students;

·                 Damage any facilities (applicable in case of physical classes); or

·                 Indulge in any kind of unsavory or offensive behavior.

Students may also never:

·                Steal property of others;

·                View any inappropriate material on the Internet during the Classes;

·                Bring pets or animals to the Classes (other than a support pet);

·                Contact Instructors outside of the Classes; or

·                Leave the Class without checking-out with Instructor.

Students must:

·                Abide by applicable protocols and safety measures;

·                Be respectful to the Instructor;

·                Follow directions given to them by the Instructor; and

·                Respect facilities and property of others.

2.2          If actions of Parents or any Student does not conform to the Code of Conduct for Parents and Students, the Student will not be allowed to participate further in any Class. You agree that no refund will be provided in such case.

2.3          HLL will not be liable for any loss that arises from HLL disallowing any Student from continuing any Class because of the failure of Student or Parents to follow the Code of Conduct for Parents and Students.

3              Additional terms and conditions for Parents

3.1          Responsibility of Parents to make independent inquiry on Instructors

The Instructors follow the policies of their individual sites that may or may not require them to undergo background checks. Also, we assume that our classroom teachers have undergone background checks by the school where they are engaged. However, HLL does not carry out any independent background check on the Instructors. Therefore, we encourage the Parents to vet the Instructors and to make independent enquiries to find if the Classes they offer are safe, legal, and appropriate for Students.  

3.2          Responsibility of Parents in respect of User Content and Feedback

You agree that any User Content and Feedback that you make available through the Services 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 and cannot guarantee the truthfulness, accuracy, or completeness of any User Content or Feedback (about the Classes or Instructors) posted on the Services. We recommend that you do not rely on the User Content and the Feedback alone to select the Classes. We encourage you to make independent enquiries to find if the Classes are safe, legal, and appropriate for Students.  

If you would like to report any irrelevant or inappropriate User Content or Feedback, please notify us at administrator@learnathome.org. You agree that our decision to remove, censor, edit or delete any User Content or 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 or Feedback.

3.3          Restrictions regarding use and sharing of Recordings

You may, upon request, be permitted to record certain Classes strictly for personal use.  You agree not to share the Recordings with any Instructors, Parents, or third parties who did not subscribe to the concerned Classes on HLL.

3.4          Unauthorized access or use of Children’s Data

HLL is committed to the privacy of our Users. We collect, use, disclose, and retain Children’s Data in accordance with our Privacy Policy. 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 concerned Parents and law enforcement or regulatory officials.

3.5          Provisions regarding dismissal of Students after Classes

You acknowledge that HLL does not have any physical presence in the school campuses where Classes are organized. As a result, HLL cannot monitor Student dismissals after Classes, or arrange for safe transport of Students after the Classes.

You also acknowledge that HLL does not plan the dismissal procedures for Students. The school organizers are responsible for planning and monitoring the dismissal procedures for Students participating in in-person Classes at their campuses.

HLL encourages Parents to work closely with their school organizers to monitor Student dismissals, and to make necessary arrangements for safe transport of Students after the Classes.

4              Promotions

4.1          Additional terms and conditions may apply to promotions, like discounts etc. that we offer to our Users. If you take benefit of any promotion, you are taken to have agreed to the terms and conditions applicable to such promotion.

5              Term and Termination

5.1          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, and continues until the Agreement is terminated in accordance with this Section 5.

5.2          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 unpaid charges for the Classes booked by you prior to the date of termination of the Agreement.

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

7.1          You acknowledge and agree that HLL only facilitates the conduct of the Classes and the actual services are being conducted by the Instructors.  Although our endeavour is to facilitate and offer duly qualified Instructors’ services for the Classes, we do not warrant the quality of the Instructor’s services or control the actual manner in which the services are being delivered. However, in case you are not satisfied with the Instructor performing the subscribed Class, we request you to report us the same at administrator@learnathome.org in a timely manner so that we can investigate the matter and take commercially reasonable efforts to rectify the situation.

7.2          Any refund claims made by you in relation to unused classes will be evaluated at our discretion ONLY IF the deficient services by the concerned Instructor was reported to us as above in a reasonably timely manner.    

7.3          If you have a dispute with one or more Users (including Instructors), 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.

7.4          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.”