User Agreement

Last updated: January 19, 2020

 

This user agreement (“Agreement”) is a legal agreement between you (including your heirs, assigns, and successors) (collectively, “User”, “you” or “your”) and Mochy Kid Limited and its affiliates (the “Company”, “we”, “us”, or “our”) governing your use of the OhMyClass website located at ohmyclass.org (“Website”) that provides online marketplace designed specifically for courses and experiences (“Platform”). Except as expressly provided in this Agreement, this Agreement describes the entire liability of the Company and its vendors and providers (including Teachers) and your exclusive remedy with respect to your access and use of the Platform.

Please read this Agreement carefully. This Agreement is effective as of the date you first access or use the Platform (“Effective Date”). By accessing or using the Platform, and/or completing the account registration process, you represent that (1) you have read, understand, and agree to be bound by this Agreement, (2) you are of legal age to form a binding contract with the Company, and (3) you have the authority to enter into this Agreement personally or on behalf of the company you have named as the user, and to bind that company to the agreement. If you do not agree to this Agreement, you may not access or use the platform.

 

1. USER ACCOUNT REGISTRATION

The Platform allows you to create one (1) universal user profile that enables you to perform aggregated searches, then book and pay for learning services, including courses, experiences and other services offered by participating businesses and independent teachers who list their services onto the Platform (“Teachers”).

To make a purchase or booking, you must complete the registration and open an account within the Platform (“User Account”). You do this by providing your personal particulars, including name and email address, and completing your email verification (if any). You must provide accurate and up-to-date information, and promptly update the User Account where there is any change in personal particulars. You are solely responsible for managing your User Account. Your Platform Account is non-transferrable and may not be sold, combined or otherwise shared with any third party. We reserve the right to suspend or terminate your User Account without notic if you provide inaccurate, untrue, or incomplete information, if you attempt to use your User Account to engage in illegal or unethical activities, or if we deem necessary.

You agree that the Company is under no obligation to send Users any alert or notice regarding the Company’s rejection of User Account registration.

You are solely responsible for maintaining the confidentiality of your login credentials of your User Account. The Company shall under no circumstances be liable for any loss or damages incurred, directly or indirectly, by unauthorized access to your User Account by any other person, or by failure to keep the login credentials confidential or the personal particulars accurate.

You agree to promptly notify us in writing of any unauthorized use of your credentials or account, and of any changes in Business Details.

 

2. PAYMENT METHODS

We accept payments via PayMe, Faster Payment System (FPS), bank transfer (for Hong Kong customers only) credit/debit card and/or PayPal. See the payment methods at checkout for latest available options.

If you select payment by PayMe, Faster Payment System (FPS), bank transfer, or any payment methods that allow you to pay outside the Website, payment must be made within 2 calendar days (or before the course starts, whichever earlier occurs); otherwise order will be cancelled automatically. You must notify us as soon as practicable upon payment and submit your i) bank-in slip and ii) order reference number via email at hello@ohmyclass.org as soon as practicable for our issue of payment confirmation.

If you select payment by credit/debit card or PayPal, you confirm that the credit card, debit card or PayPal account used belongs to yourself or that you are authorised by the owner to use it. We will not accept responsibility or liability if the issuer of your card refuses to honour the transaction.

 

3. COMPATIBLE MOBILE DEVICES AND THIRD PARTY CARRIERS

Your User Account permits you to make payments on a compatible mobile device. Devices modified contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls (sometimes referred to as “jailbreaking”), are not compatible mobile devices. You acknowledge that the use of a modified device to use the Platform is expressly prohibited, constitutes a violation of the terms of this Agreement, and is grounds for termination of your User Account. The Company does not warrant that the Platform will be compatible with your mobile device or third party carrier.

Your use of the Platform may be subject to the terms of your agreements with your mobile device manufacturer and your carrier.

 

4. RESTRICTIONS ON USE

By using the Platform, you represent, acknowledge and agree that you are at least eighteen (18) years of age, or if you are under 18 years of age (“Minor”), that you are using the Platform with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Platform and agree to this Agreement. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to this Agreement and to fully indemnify and hold harmless the Company if the Minor breaches any of the terms of this Agreement.

The Platform and your User Account may only be used in a country or territory where current Teachers exist and the laws of that country or territory permit its use.

By creating a User Account, you also confirm that you will not make payments in connection with the following businesses or business activities:

(1) any illegal activity or services,

(2) credit counseling or credit repair agencies,

(3) credit protection or identity theft protection services,

(4) direct marketing or subscription offers or services,

(5) infomercial sales,

(6) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries),

(7) multi-level marketing businesses,

(8) inbound or outbound telemarketers,

(9) prepaid phone cards or phone services,

(10) rebate based businesses,

(11) upsell merchants,

(12) bill payment services,

(13) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races,

(14) financial institutions offering manual or automated cash disbursements,

(15) financial institutions offering merchandise and services,

(16) sales of money orders or foreign currency by non-financial institutions,

(17) wire transfer money orders,

(18) high-risk merchants, including telemarketing sales,

(19) service station merchants,

(20) automated fuel dispensers,

(21) adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material),

(22) internet/mail order/telephone order firearm or weapon sales,

(23) internet/mail order/telephone order cigarette or tobacco sales,

(24) drug paraphernalia,

(25) hate or harmful products,

(26) escort services, and/or

(27) bankruptcy lawyers.

 

5. UNAUTHORIZED OR ILLEGAL TRANSACTIONS

We may decide not to process a transaction if we believe that the transaction is in violation of any of our agreement or exposes our Users, our partners, including any Teachers, or the Company to harm. Harm includes fraud and other criminal acts.

If we reasonably suspect that your User Account has been used for any unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your User Account, and/or any of your transactions with law enforcement.

 

6. SHARE YOUR BOOKING INFORMATION WITH TEACHERS

By using the Platform, you give us permission to disclose your first and last name, email address, phone number, booking information, transaction histories, and other relevant details with the Teachers you make purchases with.

 

7. YOUR PRIVACY

We are committed to protect your privacy. The Company collects and uses User information that is submitted through the Platform according to the terms as described in the Privacy Policy. Upon agreeing to be bound by this Agreement you confirm that you have read, understood and accepted our privacy policy located at https://ohmyclass.org/pages/privacy-cookie-policy.

 

8. CUSTOMER SERVICE DISCLAIMER

Except where otherwise specified, we are not the seller or supplier of the relevant product or service listings available on the Platform. You understand and agree that we are not responsible for the products and services that you purchase or book through the Platform.

Third party providers, including Teachers, and not the Company, provide those listings. Any contract entered for the relevant listing will be between you and the third party provider, and are subject to the terms and conditions of such contract. The third party providers are responsible for customer service related to their products and services, including the nature, content and quality of the course or experience, and reservation, rearrangement, cancellation and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a provider’s personnel, policies, or processes.

The card networks (e.g., Visa) and/or other entity issuing your payment card, and not the Company, is responsible for customer service related to your payment card.

 

  1. ELECTRONIC DISCLOSURES AND NOTICES

You acknowledge and agree that we may provide disclosures and other notices required by law and other information about your User Account to you electronically by posting them on the Platform or by emailing the email address entered in your User Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, our dispatch of the email containing such notice will nonetheless constitute effective notice.

 

10. USER CONTENT

In connection with registering for a User Account, you may provide reviews, feedback and other content regarding our or Teachers’ products and services. This content may include photos, videos, name, alias, rating, comment, message, likeness, appearance, form or other materials or information uploaded to the Platform (“User Content”). You are responsible for your User Content posted onto the Platform. You agree that you will not upload User Content to the Platform unless you have created that content yourself or you have permission from the copyright owner to do so. User Content you post or disclose through the Platform may become public and may be available to other Users and the general public.

For any User Content that you upload to the Platform, you grant us and our successors a worldwide, perpetual, irrevocable, transferable, assignable, sublicensable, non-exclusive, royalty-free, and fully-paid license and right to use, copy, modify, adapt, publish, translate, host, promote, download, forward, edit, share, sell, reuse, create derivative works from, distribute, generate revenue from, publicly perform, publicly display and otherwise disclose to third parties your User Content (in whole or in part) throughout the universe in any media whether now known or hereafter devised, in order to offer and promote the Platform and our business. You retain all rights in your User Content, subject to the rights granted to us in this Agreement. You may modify or remove your User Content via your User Account or by emailing us at hello@ohmyclass.org. For User Content containing audio and/or video recordings or livestreams, you hereby waive all rights and release and discharge the Company from all manner of actions, causes of action, debts, accounts, contracts, claims and demands whatsoever, including defamation, invasion of right to privacy, publicity or personality or any similar matter, arising out of or relating to the use and exploitation of such User Content.

You agree not to upload to the Platform or otherwise post, transmit, publish, display, distribute, circulate, or disseminate through the Platform any content that: (a) is false, inaccurate, misleading, illegal, violent, discriminatory, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, tortious, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability, or is in violation of any applicable laws or regulations; (c) breaches any duty toward or rights of any person, party or entity, including rights of publicity or privacy; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with the Company’s or its partners’ products and services, as determined by us in our sole discretion; (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Platform, or which may expose the Company, its affiliates, or Users to harm or liability of any nature; or (g) for commercial purposes other than pursuant to this Agreement or terms and conditions of any service agreements entered into between the Company and you.

The Company shall have the right to terminate any access to or use of Platform to any Users at its sole discretion. If a User uploads or posts User Content onto the Platform and subsequently deletes and/or removes the same or the User terminates his/her/its User Accounts, or that the Company deletes any and/or removes such uploaded or posted User Content, such User Content will no longer be accessible by the User who uploaded or posted the same via that User Account; however, such deleted User Content may still persist and appear on any part of the Platform, and/or be used in any form by the Company.

You acknowledge that the Company has no obligation to pre-screen, edit, or monitor any User Content, although the Company reserves the right in its sole discretion to refuse, disapprove, remove, screen, edit or disable any User Content at any time and for any reason without notice. You understand that by using the Platform, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility or liability for any User Content, including any loss or damage to and as a result of any of your User Content.

You should never be compensated for uploading or deleting your User Content, whether positive or negative.

We expect Users to respect the intellectual property of others. If you believe that any contributions of other Users violate your copyright or trademark, please send us a notice of infringement at hello@ohmyclass.org.

 

11. TERMINATION

11.1 Your Right to Terminate. You may terminate this Agreement at any time by closing your User Account and ceasing to use the Platform.

11.2 Our Right to Suspend or TerminateWe may terminate this Agreement and close your User Account for any reason or no reason (with or without notice) at any time, including, if you (a) have violated the terms of this Agreement or any other agreement you have with us or our policies, (b) pose an unacceptable credit or fraud risk to us, and/or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the Platform.

11.3 Effect of Termination. If your User Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Platform, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that we shall not be liable to you or any third party for termination of access to the Platform, or for deletion of your information or account data.

We will not be liable to you for compensation, reimbursement, or damages related to your use of the Platform, or in connection with any termination or suspension of the Platform. Any termination of this Agreement does not relieve you of any obligations to us for any fees or other financial obligation incurred by you or through your use of the Platform prior to termination.

11.4 Survival. The following will survive any expiration or termination of this Agreement: the Introduction and Sections 7-11, 14-24 and 27.

 

12. LICENSE GRANT TO YOU

Subject to your compliance with this Agreement, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform on a single computer or mobile device that you own or control and solely to search and book courses and experiences from Teachers in accordance with this Agreement. You will not:

(a) copy, reproduce, modify, adapt, decompile, reverse engineer, disassemble, or create any derivative works based on the Platform (either in whole or in part);

(b) sell, resell, license, sublicense, distribute, transfer, assign, rent, lease, time share, offer in a service bureau, or otherwise make the Platform available to any third party;

(d) access or use (or permit a third party to access or use) the Platform for competitive analysis, to build a competitive product or service, or otherwise for the benefit of any third party;

(e) link to, copy, mirror or frame any portions, features, functions, user interfaces or images of the Platform; or

(f) otherwise use or exploit the Platform in any manner not expressly permitted by this Agreement.

 

13. RESTRICTIONS ON USE

You may use the Platform only to the extent that you obey all laws, rules, and regulations applicable to your use of the Platform. While we want you to enjoy the Platform, you may not, nor may you allow any third party to:

(a) access, attempt to access, or monitor any material or information on any of our system, program, data, or service, using any manual process or robot, spider, scraper, or other automated means;

(b) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from us;

(c) permit any third party to use or benefit from the Platform via a rental, lease, timesharing, service bureau or other arrangement;

(d) transfer any rights granted to you under this Agreement;

(e) work around, bypass, or circumvent any of the technical limitations or vulnerabilities of the Platform or enable functionality that is disabled or prohibited;

(f) decompile, disassemble or otherwise reverse engineer the Platform;

(g) perform or attempt to perform any actions that would interfere with the proper operation of the Platform or affect use of the Platform by our other users;

(h) impose an unreasonable or disproportionately large load on the Platform; or

(i) otherwise use the Platform except as expressly permitted herein.

 

14. OUR INTELLECTUAL PROPERTY

The Company reserves all rights not expressly granted to you in this Agreement. The Platform is protected by copyright, trade secret and other intellectual property laws. The Company owns the title, copyright and other worldwide intellectual property rights in the Platform and all copies of the Platform. Intellectual properties of the Company including the text, images, information, layout, database, graphics, photos, pictures, sounds or audio formats, software, brands and HTML, which are protected by applicable copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of the Company. This Agreement does not grant you any rights to our trademarks or service marks, or logos and designs.

This Agreement does not limit any rights that we may have under trade secret, copyright, patent, trademark or other laws.

For clarity, any purported consent of any third party on the use of the Company’s Intellectual properties mentioned under this Clause shall not exonerate you from the restrictions imposed hereunder in whatsoever manner.

 

15. FEEDBACK

You may choose to or we may invite you to submit comments or ideas about the Platform, including about how to improve the Platform or our other products and services (“Feedback”). You represent and warrant that you have all rights necessary to submit Feedback. By submitting any Feedback, you agree that your disclosure is voluntary, gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary or other obligation, and that we are free to use your Feedback without any attribution or compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company or developed by its employees, or obtained from sources other than you. The Company has no obligation to review any Feedback nor to keep any Feedback confidential, and we may use and redistribute Feedback for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

 

16. INDEMNIFICATION

You agree to release, indemnify, defend, and hold harmless the Company and its affiliates and their respective subsidiaries, shareholders, stockholders, directors, officers, employees, affiliates, agents, representatives, contractors, licensors, suppliers and service providers, attorneys and their respective successors and assigns (collectively, the “Company Parties”) from and against any and all third party claims alleged or asserted against and of them, and all related losses, damages, judgments, tax assessments, penalties, interest, awards, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach or alleged breach of this Agreement; (b) your access to or use of the Platform; or (c) your violation or alleged violation of the intellectual property, privacy or other rights or law of a third party. This provision does not require you to indemnify any of the Company Parties to the extent that a claim arises from any unconscionable commercial practice by such party or for such party’s deception, fraud, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Platform.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.

 

17. REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (a) you are at least eighteen (18) years of age (or as otherwise provided in Section 4 above); (b) you are eligible to register and use the Platform and have the authority to execute and perform the obligations required by this Agreement; (c) the name provided by you when you registered is your name or corporate name; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business; (e) you will not use the Platform, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner that interferes with the normal operation of the Platform; and (f) your use of the Platform will be in compliance with the terms of this Agreement.

 

18. DISCLAIMER OF WARRANTIES AND CONDITIONS AND REMEDIES

You expressly understand and agree that the Platform is provided on an “As Is” and “As Available” basis and your access to and use of the Platform is at your own option and risk. To the maximum extent permitted by applicable law, the Platform is provided without warranties or representations of any kind, whether express or implied, including implied warranties of non-infringement, merchantability, or fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from us or through the Platform will create any warranty not expressly stated herein.

Without limiting the foregoing, the Company, its processors, its suppliers, its licensors (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that any content or information provided through the Platform, including any business listings, or ratings, reviews or metrics found on, used on, or made available through the Platform, is updated, complete, accurate or reliable; that the Platform will meet any of your requirements; that the Platform will be available at any particular time or location, uninterrupted, secure, timely or error-free; or that the Platform is virus-free or free from other harmful components.

You acknowledge and agree that the Company is not liable to you for any loss or damage that might arise, for example, from the Platform’s inoperability, unavailability or security vulnerability, or from your reliance on the quality, accuracy, or reliability of any material downloaded or otherwise made available through the Platform, including any business listings, ratings, reviews or metrics found on, used on, or made available through the Platform. Your sole and exclusive right and remedy in case of dissatisfaction with the Platform, or the content or services made available through the Platform shall be your termination and discontinuation of access to, or use of the Platform.

The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or any hyperlinked website or service, or featured in any banner or other advertising, and the Company will not be a party to or in any way monitor any transaction between you and third party providers of products or services.

 

19. LIMITATION OF LIABILITY AND DAMAGES

You understand and agree that, to the maximum extent permitted by applicable law, in no event shall the Company, its processors, its suppliers, or its licensors (or their respective subsidiaries, affiliates, agents, directors, and employees) be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the Platform. Under no circumstances will the Company be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Platform, your User Account, or the information contained therein.

To the maximum extent permitted by applicable law, the Company, its processors, its suppliers, and its licensors (and their respective subsidiaries, affiliates, agents, directors, and employees) assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Platform; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party.

In no event shall the Company, its processors, its suppliers, or its licensors (or their respective subsidiaries, affiliates, agents, directors, and employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding HK$ 1,000.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Platform is controlled and operated from facilities in Hong Kong. We make no representations that the Platform is appropriate for use in other countries. Those who access or use the Platform from other jurisdictions do so at their own will and are entirely responsible for compliance with Hong Kong laws and regulations, including import and export regulations. You may not use the Platform if you are on the embargo or sanction list of governmental authorities.

If a dispute of any kind arises with a Teacher, you agree to resolve that dispute with the applicable Teacher. For any dispute that you have with us, we will make every reasonable effort to resolve any disagreements that you have with us.

 

20. DISPUTE RESOLUTION

20.1 Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of Hong Kong.

20.2 Mandatory Informal Resolution. In the unlikely event of any controversy or claim arising out of or relating to this Agreement, you agree to notify the Company with a written description of the dispute. You will give the Company an opportunity to resolve your dispute to your reasonable satisfaction by giving us sixty (60) days from the date of receipt of your dispute description, and you agree to make a good faith effort to negotiate and resolve the dispute directly with us during that time. If the Parties do not reach settlement within the period of sixty (60) days, either Party may pursue dispute resolution in accordance with arbitration as set forth in Section 20.3 below, except that (i) you or the Company may assert claims in small claims court if the claims qualify; and (ii) you or the Company may seek relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Section shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior to this version of this Agreement.

20.3 Arbitration. Any dispute, controversy, difference or claim arising out of or related to this Agreement or any aspect of the relationship between you and the Company, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, that are not resolved pursuant to Section 20.2 above, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration section shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in English.

20.4. Time Limitation. Unless otherwise required by law, an action or proceeding by you relating to any dispute must commence within one (1) year after the cause of action accrues.

20.5 Severability. In the event any provision of this Agreement is found under the law to be void and/or unenforceable, that provision will be interpreted and enforced to the maximum extent permissible under applicable law so as best to give effect to the Parties' intentions as reflected in the original provision, and the other provisions of this Agreement will remain in full force and effect.

20.6 Survival. This Section 20 will survive the termination of your relationship with the Company.

 

21. MODIFICATION

We may, in our sole discretion, revise the terms of this Agreement at any time, and change, delete, discontinue, or impose conditions on any feature or aspect of the Platform. The “Last Updated” legend at the top of the Privacy Policy indicates when it was last updated. Any use of the Platform after our publication of any such changes means that you accept the revised Agreement. If you do not agree to any changes, you must stop using the Platform, and you can terminate your User Account by emailing hello@ohmyclass.org. It is your obligation to ensure that you read, understand and agree to the latest version of this Agreement.

 

22. ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be assigned, delegated or transferred by you, but may be assigned, delegated or transferred by us without restriction. This Agreement is binding on the parties and their successors and permitted assigns.

 

23. THIRD PARTY SERVICES

Through the Platform, you may be offered and given access to products, services and promotions provided by third parties and not by us (“Third Party Offerings”). If you access or use these Third Party Offerings, you will be responsible for reading and understanding the terms and conditions associated with these services. We are not responsible for the performance of these offerings or the acts or omissions of the entities that provide them.

The inclusion of a link to third party websites on our Platform does not imply an approval or endorsement by us. You agree that you access any such website at your own risk, and that our Website is not governed by the terms and conditions contained in this Agreement.

We expressly disclaim any liability for these websites and the acts and omissions of the entities that provide them. When you use a link to go from our Website to any other website, your use of those websites is subject to the policies of that third party.

                                                             

24. ELECTRONIC COMMUNICATIONS

The communications between you and the Company use electronic means, whether we post notices on the Platform or email you. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

25. RELEASE

You hereby release the Company and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Platform, including any interactions with or conduct of other users or third party websites of any kind arising in connection with or as a result of the Agreement or your use of the Platform.

The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by the Company or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Platform.

 

26. CONTACT US

We want to ensure any concerns that you might have regarding your relationship with us are addressed fairly and promptly. If you have any questions or comments with respect to the Platform, please contact us at hello@ohmyclass.org.

 

27. GENERAL PROVISIONS

27.1 Force Majeure. Neither Party will be responsible or liable for any failure or delay in performance of its obligations under this Agreement (except for a failure to pay fees) arising out of or caused by, directly or indirectly, forces beyond that Party’s reasonable control, including strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, acts of government, refusal of a license by a government agency, or interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Company shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.

27.2 Conflicts. In the event of any conflict or inconsistency between this Agreement and any other agreement or policy of ours, this Agreement will prevail.

27.3 Waiver. No waiver by the Company of any right or provision of this Agreement will be effective unless in writing and signed by the Company. Our failure or delay to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of future enforcement of such right or provision or any other right.

27.4 Interpretation. As used herein, the word “including” (and its variants) means “including without limitation” (and its variants). The words “Transaction”, “purchase”, “order” (and their variants) mean bookings, paid or for free. All headings are for convenience only, and shall not be used in interpreting this Agreement.

27.5 Relationship of the Parties. The Parties are independent contractors. This Agreement does not and will not create a partnership, franchise, joint venture, fiduciary or employment relationship between you and us.

27.6 Language. The English version of this Agreement and any notice or other document relating to this Agreement shall prevail in the event of a conflict with other language versions.

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