LET’SGO2CLASS INC.

Terms of Use

Please note that our Terms of Use have been modified as of March 23, 2018.

Introduction

These Terms of Use (“Terms”) govern your use of this website (www.letsgo2class.com), any mobile applications, and the services provided in connection therewith (collectively, the “Site”), which are owned, operated and/or maintained by Let’sGo2Class Inc. (“LG2C”/“we”/“us”/“our”). By using or continuing to use the Site—by registering as a user, by contracting for tutoring lessons or by using the Site in any other manner—you are agreeing to be bound by these Terms and all applicable laws and regulations. If you do not agree with or accept any of these terms, you should cease using the Site immediately, and, if applicable, terminate your account.

1. General

1.1 These Terms contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.

1.2 To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control.

1.3 If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

1.4 We reserve the right to vary these Terms at any time. Our new Terms will be displayed on the Site and by continuing to use and access the Site thirty (30) days after such changes have been posted, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such changes.

1.5 We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, hackers, bugs and viruses, flood, fire, explosion or accident.

1.6 Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at [postal address] and all notices from us to you will be displayed on our website from to time.

1.7 You may not assign, sublicense or otherwise transfer any of your rights and obligations contained in these Terms to any other person.

2. Students and Instructors

2.1 The Site offers a marketplace for those seeking tutoring services (“Students”) to connect with those seeking to provide tutoring services (“Instructors”). All Instructors are independent contractors and are not employees of LG2C. As independent contractors hired by Students, Instructors control the methods, materials and all aspects of the lessons.

2.2 Students are solely responsible for selecting the right Instructor for their needs. In making hiring decisions, Students should review and investigate each Instructor’s self-reported credentials, education, and experience, as well as reviews from other Students. We neither confirm nor deny the accuracy and validity of information provided by Instructors.

2.3 Students under the age of 18 may create an LG2C account but will not be able to access and use the Site until a parent or guardian completes the registration process within seven (7) days of the Student creating the account. If we do not receive confirmation from your parent or guardian allowing you to use the Site, or if that permission is expressly refused, we will delete your account and your personal information. If we delete your account, you may not create another account or access or use the Site by any other means until we receive consent by a parent or guardian or until you are at least 18 years of age.

2.4 Students under the age of 18 who participate in tutoring sessions should be supervised by a responsible adult. We are not responsible or liable for any interactions between Instructors and Students.

2.5 If you are an Instructor, your continued use of the Site is governed by the terms and conditions listed in Section 3, below, and the following additional terms. To apply to be an Instructor, you must register for an account and complete the Instructor enrollment form available under the tab “Teach”. Your application is subject to LG2C’s approval, which may be withheld at our sole discretion.

2.5.1 In order to become and remain an Instructor, you represent and warrant that you:

are not and have not been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others;

have not been convicted of a crime of any nature, including without limitation any sexual, child abuse or domestic violence offences;

have not been and are not currently required to register as a sex offender in any jurisdiction or with any government entity;

are not currently out on bail or on your own recognizance pending trial, relating to sexual, child abuse or domestic violence offences;

own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize LG2C, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of the content that you upload or otherwise distribute on or through the Site, including, without limitation, any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, testimonials or other content or materials submitted to our chatrooms, message boards and/or our blogs, or sent to us by email (“User Content”), and that User Content shall not infringe or misappropriate any intellectual property right of a third party;

have the required qualifications, credentials and expertise, including, without limitation, education, training, knowledge, and skill sets, to teach and offer the services you offer on and through the Site;

will not use the Site for any business other than for providing tutoring, teaching and instructional services;

will not interfere with or otherwise prevent other Instructors from using the Site;

will maintain your enrollment and account information, and all such enrollment and account information shall be accurate and up-to-date; and

shall respond promptly to users seeking your services and ensure a quality of service commensurate with the standards of your industry and instruction services in general.

2.5.2 You hereby authorize LG2C to verify the above representations and warranties made by you and you acknowledge and agree that LG2C shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. If LG2C determines that you have violated any representation or warranty, or are otherwise unsuitable to be an Instructor for any reason at LG2C’s sole discretion, it may take such action as it deems appropriate, including, without limitation, suspending and/or terminating your use of the Site.

3. Restrictions on Use

3.1 To use the Site, you must register for an account by obtaining a username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, your “Account Data”) and for all activities associated with or occurring under your account.

3.2 When registering for an account, you agree:

that you are of legal age and have the capacity to agree to these Terms on your own behalf or on behalf of a minor Student who will receive tutoring services;

that your Account Data is accurate, current, and complete at all times;

to maintain the security of your password and identification;

to accept all risks of unauthorized access to information and Account Data.

3.3 Your use of the Site must comply with all applicable laws and regulations relating to copyright and other intellectual property use. You may not post, modify, distribute, or reproduce in any way any copyrighted material without obtaining prior written consent from the holder of the copyright. We reserve the right to remove any content we believe may infringe our copyright or the copyrights of others, and/or terminate the accounts of users who we believe are infringing copyright.

3.4 You acknowledge and agree that LG2C’s services are provided for the purpose of facilitating learning. Students agree not to hire, or inquire about the hiring of, Instructors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Students and Instructors agree not to use the Site for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.

3.5 You must not:

upload, post or otherwise transmit User Content that:
1. is unlawful, inaccurate, false, misleading, harmful, obscene, pornographic, defamatory, racist, violent, hateful, offensive, harassing, libelous or otherwise objectionable to us or other users of the Site;
2. includes unauthorized disclosure of personal information; and/or
3. contains any virus, worm, Trojan horse, time bomb, spider, cancel bot, spyware or any other computer code, file or program that may or is intended to interrupt, limit, damage or highjack the functionality of any hardware, software or telecommunications equipment, or any other aspect of the operation of the Site.
upload, post or otherwise transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site;
reproduce, duplicate, copy, sell, resell or exploit any information, materials, code, data or content on the Site;
advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the operation of the Site;
frame or embed the Site;
impersonate another person or gain unauthorized access to another person’s account or allow any other person or entity to use your Account; and/or
scrape, spider, use a robot or other automated means of any kind to access the Site.

3.6 We reserve the right to edit or remove User Content that violates these Terms, contains third party commercial advertisements, or for any other reason we deem necessary. We may also suspend and/or terminate your account, with or without notice, for any use deemed an infringement of these Terms.

3.7 Alleged improprieties by any Student or Instructor may be reported to LG2C by email at [provide email contact].

4. Pricing and Other Costs of Use

4.1 Instructors are solely responsible for determining the fee to be charged for the courses they lead (the “Course Fee”). Unless otherwise stated, all fees are quoted in Canadian Dollars. If you are a Student, you agree to pay the Course Fee and a non-refundable Registration Fee. The Registration Fee is quoted in United States Dollars and amounts to 10% of the Course Fee or $1.00 per lesson, whichever is greater. If you provide us with credit card information to pay for the fees, then you hereby represent that you are authorized to supply such information and authorize LG2C to charge your credit card for the amount due. If your credit card is declined, you agree to pay us the amount due within ten (10) days of the declined payment, and pay (at our discretion) a late payment charge fixed at 1.5% per month, or the maximum permitted by law, whichever is lower. If your account is past due, we may also block your access to the Site pending payment of the amounts due by you to LG2C.

4.2 If you are an Instructor, LG2C shall pay you the Course Fee minus the Money Transfer and Processing Fee. The Money Transfer and Processing Fee is the fee that is charged by the third party electronic payments system. The Money Transfer and Processing Fee is calculated at 2.9% plus USD 0.30 per transaction per registered Student. LG2C will pay out the Course Fee to the Instructor in accordance with the payout preference indicated on the Instructor’s account.

4.3 You are solely responsible for all service, telephone, data charges and/or other fees and costs associated with your access to and use of the Site, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

5. General Disclaimer and Limitation of Liability

5.1 This Site, including the information, services and content provided on or through the Site, is provided on an “as is” and “as available” basis, without any warranties of any kind.

5.2 We make no representation that this Site is appropriate or available for use in all locations. The Site may not be available in your location, and the range of services available on or through the Site may vary among locations. We may modify the services we provide or discontinue their availability at any time.

5.3 LG2C makes no warranty or representation that:

the Site will be uninterrupted, timely, secure or error-free;

the results that may be obtained from the use of the Site will be accurate or reliable;

the quality of any products, services, content, information or other material purchased or obtained from Instructors will meet your expectations or requirements; or

any errors on the Site will be corrected.

5.4 We are not liable for disputes, claims, losses, injuries and/or damages of any kind that arise out of or relate in any way to your use of the Site, including, but not limited to, your reliance upon any information, misstatements or misrepresentations provided by any Student or Instructor. Our total liability shall be limited to the amounts paid in connection with the courses under which such liability arose.

6. Confidentiality

6.1 You may obtain direct access via the Site to certain confidential information of LG2C and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with LG2C and its affiliates.

6.2 No liability is imposed on you with respect to the Confidential Information if you can establish, by legally sufficient evidence:

you possessed the Confidential Information without an obligation to maintain its confidentiality, prior to using the Site;

the Confidential Information is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms;

you obtained the Confidential Information from a third party who had the right to disclose it, without an obligation to keep such information confidential; or

you obtained the Confidential Information in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior adequate notice to LG2C.

6.3 User Content will be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy.

6.4 By submitting or sending User Content to us, you:

represent and warrant that the User Content are original to you, that no other party has any rights thereto, and that any “moral rights” in the User Content have been waived; and

you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to display, use, reproduce, incorporate, modify, create derivative works from and distribute the User Content (in whole or part).

6.5 We are not responsible for maintaining any User Content that you provide to us and we may delete or destroy any such User Content at any time.

7. Advertisements and Promotions

7.1 LG2C may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. LG2C is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

8. Third Party Links

8.1 You may find links to other websites or resources on the Site, provided either directly by or through courses or Students or Instructors. We do not endorse any of these third party sites and do not control them in any manner. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. LG2C will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. Proprietary Rights

9.1 All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where LG2C provides Content to you in connection with the Site, it is “Our Content.” Where Students or Instructors submit or upload Content to the Site, it is User Content.

9.2 Content remains the proprietary property of the person or entity supplying it and is protected, without limitation, pursuant to the Copyright Act (R.S.C., 1985, c. C-42). All rights not expressly granted in these Terms are retained by the owner(s) of the Content and these Terms do not grant any implied licenses.

9.3 You hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to LG2C with respect to User Content and that LG2C shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of User Content as authorized in these Terms or have any liability to you or any other party as a result of any use or exploitation of User Content as authorized in these Terms.

9.4 You hereby grant LG2C a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit your User Content on the Site, and sublicense it to Instructors and Students for these purposes directly or through third parties. Notwithstanding the foregoing, you have the right to remove all or any portion of your User Content from the Site at any time. Removal of your User Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Students or Instructors prior to that time will continue in accordance with the terms granted to such Students or Instructors.

9.5 LG2C hereby grants you (as a user) a limited, non-exclusive, non-transferable license to access and use the User Content and Our Content, for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Site, in accordance with these Terms and any conditions or restrictions associated with particular courses. Such license will terminate when you no longer use the Site. All other uses are expressly prohibited absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or Our Content unless we give you explicit permission to do so. User Content and Our Content is licensed, and not sold, to you.

9.6 You agree that we may record all or any part of any courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site. You hereby grant LG2C your permission and authorize LG2C to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, courses, Our Content and User Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith.

9.7 LG2C respects all copyright, privacy, defamation and other laws relating to content and information and will not tolerate violation of such laws. Notwithstanding the foregoing, LG2C does not screen the User Content and all use of the User Content by you is at your own risk and LG2C shall have no liability for such use. In particular, no review or posting or appearance of the User Content on the Site is intended to act as an endorsement or representation that any User Content is free of violation of any copyright, privacy or other laws or will suit a particular purpose or be accurate or useful. If you believe that your User Content violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party, it is your responsibility to take such steps necessary to correct the situation.

10. Communications

10.1 If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.

11. Governing Law

11.1 These Terms shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of Ontario and federal laws of Canada. Each of the parties hereto irrevocably adheres to the jurisdiction of the courts of Ontario.

12. Indemnification

12.1 You hereby indemnify, defend and hold harmless LG2C, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including counsels’ fees on a solicitor and own client basis and related costs and expenses, due to or arising out of your breach of any representation or warranty, or any other breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

13. Termination

13.1 We may terminate your use of the Site immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. We may discontinue offering any product, course (which will terminate your right to offer such course if you are an Instructor), or Our Content at any time. You may terminate your use of the Site at any time, either by ceasing to access the Site, or by contacting us (but if you are an Instructor, then Students that enrolled in your course(s) prior to termination shall continue to have access to the course(s) and your User Content for the duration of the course(s)). We have no obligation to retain any of your Account Data or User Content for any period of time beyond what may be required by applicable law. Upon termination, you must cease all use of the Site, Our Content and User Content that is not your own. All provisions of the Agreement which by their nature should survive, shall survive termination of Services.