11classes Terms&Conditions

 

11CLASSES Agreement/Terms of Use

These Terms of Use were last updated on August 16, 2020.

The website11classes.com is owned and operated by CHONGQING LAISENEN EDUCATION TECHNOLOGY CO., LTD with registered address: Fifth Floor, 3 Gower Street, London, United Kingdom, WC1E 6HA. These terms of use (the "Agreement") bind you ("party A") to the terms and conditions set forth herein in connecion with your access and use of 11classes.com's ("party B") , website, services or other offerings on party B's website (collectively, ths "SERVICES"). By using any of the services or clicking on the "ACCEPT" button, party A agrees to be bound by the terms. If party a does not agree to all these terms, click on the "DO NOT ACCEPT" button and does not use party B's services. Please read such terms and conditions carefully before accessing or using the Services.

These terms and conditions contain important information about online privacy of childer under the age of 13 (see the privacy policy). Please read such terms and conditions carefully befour accessing or using the Services.

In this Agreement, “Party A” or "You" refers to the individual who purchases the course(s) offered by Party B (the "Course(s)"). “Party B” refers to “11classes.com”.

Section 1 Course Information and Valid Term

1. Basic Course Information: the information of the Course is subject to the order information available in Party A’s account on Party B’s website. Each Course is offered by Party B in different packages, and each package contains a certain number of sessions or classes (each a "Session") and a certain number of free Sessions (if any).

2. Valid Term Of a Course: A Course will remain accessible in Party A's account for a period of 365 days (including the 365th day), from the day following the date of purchase of the Course (hereinafter referred to as the “Valid Term”). If Party A purchases a new Course during the Valid Term of any Course(s) in its account, the Valid Term of all Courses in Party A’s account will be automatically extended to the Valid Term of the newly purchased Course.

Section 2 The Execution and Enforcement of this Agreement

1. The terms and conditions in Party B's Privacy Policy at www.11classes.com and other policies governing Party A's access and use of the Services (hereinafter referred to as the “Policies”) which are posted on Party B’s website (www.11classes.com) and may be amended or supplemented from time to time, are incorporated in this Agreement. The Policies are an integral part of this Agreement and have the same binding legal effect as this Agreement. Party A and Party B have voluntarily agreed to enter into this Agreement, which governs all activities of Party A on Party B’s website.

2. When Party A registers an account on Party B’s website, Party A shall submit accurate and complete information including the name and other related materials. Party A shall be responsible for and shall indemnify Party B from any losses or damages resulting from the inaccurate, misleading or ambiguous information provided by Party A.

3. To purchase a Course from Party B, Party A shall (i) be at least 18 years old; (ii) have read, understood and accepted the terms and conditions herein and Party B’s Policies; and (iii) agrees to read and accept any updates, amendments, or supplements to Party B’s Policies, which may be posted from time to time on Party B’s website. By purchasing any Course on Party B’s website, Party A shall be deemed to have acknowledged and fully understood all the terms and conditions herein and shall have agreed to be bound by this Agreement. If Party A elects to access or use the Services that involve payment of a fee, then he or she agrees to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If Party A provides credit card information to pay for such fees then he or she hereby represents and warrants that he or she is authorized to supply such information and hereby authorize Party B to charge his or her credit card on a regular basis to pay the fees as they are due.

4. A "Student" or "Party A’s Student" means the student(s) who takes the Course purchased by Party A on Party B’s website. Party A, as a parent or a legal guardian, could open several student accounts after registration. Each Student account can only be created for and used by one student. All Student accounts under Party A's account share the available Sessions for the Course(s) in Party A's account. Before a Course is started, [Party B/the Instructor (to be defined below)] will assess the Student’s academic level and designate appropriate course materials accordingly. In order to achieve an optimal learning result, the Student in a Student account shall not be replaced and no other student(s) can be added to the Student account during the Valid Term of the Course. Party A may not transfer his or her account or any Student account to any other person or use anyone else's account at any time. In cases where Party A has authorized or registered another individual, including a minor, in a student account, Party A is fully responsible for (i) the online conduct of such Student; (ii) controlling that Student's access to and use of the Services; and (iii) the consequences of any misuse.

Section 3 Course Service

1. Party B connects the Student with independent contractor instructors (the “Instructor”) who will provide live 1-on-1 instruction, tutoring, and learning services via the Services. Each Session of a Course generally takes 25 minutes unless otherwise provided by Party B.

2. Party B/The Instructor will determine the beginning level for each Student according to an assessment of the Student’s academic background. The Student and his/her parent or legal guardian agree that the Student will start the Course from the beginning level as determined by Party B/the Instructor.

3. If the Student cannot attend a Session on the scheduled time as confirmed and listed in the Student account, Party A may cancel or reschedule such Session at least 24 hours in advance. If Party A fails to cancel or reschedule such Session at least 24 hours in advance, the Student will be deemed as “no-show” for this Session. Each no-show will result in deduction of one Session for the Course.

4. If a Student fails to attend a Session on the scheduled starting time but attends the Session during the scheduled time period, this Session shall be concluded upon the scheduled ending time, and, neither the Student nor Party A can request that the ending time of the Session be postponed or prolonged. This Session will be deemed as completed and will be deducted from the number of remaining Sessions in Party A's account.

If, as a result of Party A's system outages occurred after a scheduled Session has started, Party A is unable to complete the Session, this Session will be deemed as completed and will be deducted from the number of remaining Sessions in Party A's account.

5. If Party A cannot complete a scheduled Session due to Party B’s or the Instructor’s reasons, which include but are not limited to, (i) the Instructor is late for over 5 minutes, (ii) the Instructor cancels the Session or stops teaching prior to the scheduled ending time for any reason; or (iii) Party B's website or Services experiences system outrages, Party A may reschedule such Session, and such Session will not be deducted from the number of remaining Sessions in Party A's account. Other than the right to reschedule the same Session as provided herein, Party A agrees that neither Party B or any Instructor shall have responsibility and is not liable for: (a) the unavailability of the Session during the scheduled time period; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Session, any Internet service providers, any third party platforms, or any internet facilities and networks.

6. During the Valid Term of a Course, if Party A’s Student could not take the Course for certain period of time, Party A may request a leave of absence for the Student. If Party B approves the request, the Valid Term of the Course will be extended by the number of days in the request for leave or thirty (30) days, whichever is shorter. Party A is entitled to make two such requests for the same Student during the Valid Term of the Course. Party B will not approve more than two requests for absence of leave during the Valid Term of the Course, and the maximum extension to the Valid Term of a Course that Party A may receive due to such request(s) cannot exceed sixty (60) days.

Section 4 Payment and Refund

1. Party A is entitled to a refund of the payment for any purchased Course by filing a request for refund to Party B provided that (i) the Student(s) in Party A’s account have not taken any Sessions for the Course before Party A's request; and (ii) Party A shall be responsible for any bank transaction fees in connection with the refund, which will be deducted from the payment to Party A.

2. If Party A requests a refund for a purchased Course and the Student(s) in Party A’s account have attended one or more Session(s) for such Course prior to the request, Party A is entitled to a refund of the payment for the remaining Sessions, as shown in the formula below. Party B will be responsible for any bank transaction fees incurred in connection with the refund.

Amount of refund = the amount paid for the Course -the number of completed Sessions as schedule (including no-shows) × the price per Session at the time of purchase

1. Party A shall submit the refund request to Party B at 11classes2020@gmail.com. The refund payment will be arranged within 2 to 3 weeks from the approval date of the refund request. The refund will be made to the same account and in the same manner from which the payment was made. The time period of the refund transfer may vary depending on the different manner of transfer. Party B could not guarantee the time of successful transfer of the refund.

2. Any free Sessions given to Party A (if any) at the time of purchase of a Course can only be used after Party A's Students complete all the paid Sessions. If Party A requests a refund, all the free Sessions will be cancelled automatically.

3. Please note that if Party B believes that Party A is abusing the refund policy in its sole discretion, Party B may suspend or terminate Party A’s account and refuse or restrict any and all current or future use of the Services, without any liability to Party A.

Section 5 The Rights and Responsibilities of the Parties

1. Party A represents, warrants and covenants the following:

○ Party A or the Students in Party A’s account will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services.

○ Party A or the Students in Party A’s account will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information.

○ Party A or the Students in Party A’s account will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Party B’s content, the Services or Courses except as permitted by this Agreement.

○ Party A or the Students in Party A’s account will not frame or embed the Services to circumvent the Services.

○ Party A or the Students in Party A 's account shall not otherwise engage in activities that Party A knows or should have reasonably known adversely affect the daily operation of Party B’s Services or its website.

○ Party A and Party A’s Student shall not disparage Party B or the Instructors’ performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of Party B, Party B’s employees or the Instructors.

○ Under no circumstances should Party A and Party A’s Student sell or otherwise transfer part or all of the purchased Course to any third party in any manner. Party A or Party A’s Student will not impersonate another person or gain unauthorized access to another person's account for Party B's Services.

○ Party A agrees to prepare the internet access equipment and other software and equipment needed for taking the Course.

○ To protect the privacy and interests of Instructors, other users of the Services and Students in other users' accounts, Party A and the Students in Party A's account shall not to solicit, collect, probe, or ask for the private information of other Students, users or Instructors, including but not limited to personal information, contact information, personal network or financial status.

○ Party A understands and agrees that Instructors for the Courses Party A has purchased may choose to terminate their contract relationship with Party B and become inactive. Party B does not guarantee Instructor availability to Students and shall not be held liable for any issues relating to Instructor availability.

2. Party B represents, warrants and covenants the following:

○ Party B reserves the right to terminate, suspend, modify, or delete, at its sole discretion, (a) any Courses or any Service; and (b) Party A’s or Party A’s Student's access to its Services or Party A’s account, as follows:

○ If Party A or any Student in Party A’s account breaches or violates this Agreement or any of the Policies, as posted on Party B’s website from time to time, Party B may take action immediately without prior notice to Party A. If Party B takes action pursuant to this section, Party B shall not have any liability to Party A for any Courses Party A may have purchased nor for any other use of the Services associated with Party A’s account. For avoidance of any doubt, Party A understands and agrees that it will not be compensated nor be eligible for any refund under any circumstances for any such access lost to the Services, including without limitation to the Courses purchased;

○ Party B may also take action for any reason or no reason, in which case Party B will provide prior notice to Party A of any of the above changes through Party B’s website or other manners of communication set out herein.

○ As requested by Party A, Party B shall provide Party A with reasonable technical support services during regular business hours of Party B.

Section 6 Personal Information and Confidentiality

1. Any information collected by Party B in connection with the use of the Services is subject to the Privacy Policy at 11classes.com.

To facilitate Party B in performing its obligations herein and helping the Students in Party A's account achieve their educational objectives, subject to the Privacy Policy, Party A agrees to provide Party B with certain information of the Student, such as the Student's name, age and information relating to the Students' academic background. Party A agrees that Party B can utilize such information of the Student for the purpose of teaching the Courses in connection with the Services and Party B's internal management purpose only. Party B shall strictly protect the privacy of both Party A and the Student in accordance with the applicable laws and regulations.

Due to the interactive learning experience provided by the Services, personal information may be collected from a Student who is under 13 years of age. Party A shall review the provisions in the Privacy Policy concerning online privacy for children under 13. Party B will send a request for parental consent to collection of personal information from the Student by email to Party A upon Party A's acceptance of this Agreement, and Party A shall promptly reply by email with his or her confirmation. Party B represents and warrants that (i) it will not disclose the personal information to any third party or make it publicly available; (ii) it will promptly delete all personal information maintained on its server or other storage means if Party A revokes his or her prior consent; and (iii) under no circumstances will any personal information of a Student be maintained on Party B's server or other storage means after the termination of this Agreement.

2. If there is any change to any information provided by Party A, Party A shall promptly inform Party B by email at 11classes2020@gmail.com. Party A will be responsible for any loss or damages to both parties resulting from Party A's failure to promptly notify Party B of such change.

3. Party A agrees to properly keep the confidentiality of his or her account and password. Party A is responsible for the activity of any person (including the Students) who uses the account and the password. If the Student’s account or password is misused, Party A shall immediately notify Party B's employee and request Party B to suspend the Services. Party A shall not disclose, lend, transfer or assign its account and password to any third party. Party B may temporarily suspend the use of Party A's account if Party B reasonably suspects that Party A has breached its obligation under this Subsection 3. Party B may terminate this Agreement and all Services with respect to Party A immediately upon actual knowledge of Party's A's breach of its obligation under this Subsection 3.

4. Without Party B's explicit written consent and authorization, Party A shall not, in any way, provide or disclose to any third party any technical data, trade secrets and other confidential or proprietary information he or she obtained by accessing to or use Party B's website or Services under this Agreement. If Party A breaches his or her obligation under this Subsection 4, Party B has the right to terminate this Agreement and all Services with respect to Party A immediately, and Party A shall be liable for any losses or damages suffered by Party B due to Party A's breach.

Section 7 Intellectual Property

1. Party B has the ownership of and all intellectual property rights, including and not limited to copyrights, in the following materials: (1) all the materials prepared by or for Party B for the Courses (including but not limited to textbooks, courseware and relevant training materials); (2) all the materials generated from the teaching process (including but not limited to any teaching videos and teaching schemes); (3) software, programs and contents displayed, used, or provided on Party B’s website; and (4) any other materials, content or technologies created by or for Party B in connection with providing the Services (the "Company Materials"). Party B hereby grants Party A and the Students in Party A's account a limited, non-exclusive, non-transferable license to access and use the Company Materials solely for the Students' personal, non- commercial, educational purposes through the Services, in accordance with this Agreement and any conditions or restrictions associated with particular Courses or Services. All other uses are expressly prohibited absent express written consent by Party B. Without Party B's consent, Party A and the Students in Party A's account shall not, at any time (during the term of and after the termination of the Agreement), (i) use the abovementioned Company Materials for commercial purpose; (ii) translate, copy, broadcast, edit, or otherwise reproduce or create derivative works of the abovementioned Company Materials in any way; and (iii) disclose, sell, share, license, or otherwise redistribute or transmit the abovementioned Company Materials to any third party.

2. Party A agrees that Party B is authorized to record the courses taken by the Student . Party B shall have full, exclusive and complete intellectual property rights to all of the recorded videos.. Party B agrees to strictly keep Party A’s information confidential. Without Party A's clear written consent in prior, Party B shall not make commercial use of the information including the portraits of Party A or Party A’s Student or the information indicating the identity of Party A or Party A’s Student. Only if any of the following events occurs, Party B can reasonably make use of Party A’s information including portraits, name or other personal information without prior consent of Party A or payment to Party A: (1) The portrait right, name right and other civil legal rights of Party A and the Party A’s Student have been clearly waived; (2) the information is used for the purpose of internal use subject to Party A’s consent to Party B’s Privacy Policy.

Section 8 Jurisdiction and Dispute Resolution

This Agreement has been prepared in the Chinese language and the Chinese language shall control its interpretation. The English translation of this Agreement is prepared for your convenience. In the event of any conflicts between any provisions of this Agreement and the English translation thereof, the English version shall prevail.

You acknowledge and agree that, by agreeing to the Terms, you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless otherwise agreed in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.

If any portion of this mandatory arbitration clause is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this clause; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the mandatory arbitration clause or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the mandatory arbitration clause; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Section 9 Miscellaneous

1. Termination. After the Courses in Party A's account are completed, or the Services with respect to Party A are terminated earlier pursuant to Section 5.2, 6.3 6.4 or 12.2, this Agreement shall be terminated automatically and Party A's account shall expire immediately. The termination of this Agreement will not affect the validity of the provisions pertaining to confidentiality, intellectual property and non-solicitation set forth in Section 6, Section 7 and Section 8 herein, respectively.

2. Modifications. Party B is entitled to amend this Agreement and the Policies and other content on Party B’s website from time to time. If an amendment materially changes the terms and conditions in this Agreement or the Policies, Party B will notify Party A through Party B’s website or other prominent manners of communication provided herein. The amended Agreement or Polices will come into force once posted on Party B’s website and will supersede the previous Agreement or Policies. Party A shall log into his/her account to review the amended Agreement. In case of disagreement of the amended agreement, Party A shall notify Party B in writing (including email) and immediately stop using the Services pursuant to the Agreement. Party A will be deemed to have accepted the amended Agreement, if Party A fails to object to such amendment in writing within two (2) business days or any Student in Party A's account continues to take any Course thereafter.

3. Severability. If any provision hereof is held to be invalid or unenforceable, in whole or in part, for any reasons, such provision or part thereof shall to that extent be deemed not to form part of this Agreement. The remaining provisions of this Agreement shall remain valid and binding.

4. Assignment. Party A may not assign or transfer this Agreement in whole or in part without Party B’s prior written approval. Party B may assign or transfer this Agreement in whole or in part, without any notice to or approval by Party A to any party, provided that Party A’s rights hereunder are not prejudiced.

 

Company Name: CHONGQING LAISENEN EDUCATION TECHNOLOGY CO., LTD

Registration Number: 13275165

Address: FIFTH FLOOR 3 GOWER STREET LONDON UNITED KINGDOM WC1E 6HA