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Terms of Service

Last updated: April 21, 2017

Welcome to Class, created by Opendoors, Co., Ltd (a.k.a. "we" or "us" or the "Company"). We are excited to have you as a user and member of the community. The following terms and conditions (the "Terms of Service" or "Terms") apply to your use of Class, including any content, functionality and services offered on or via Class mobile app Class (the "Application" or "App"). The Terms of Service also includes our Privacy Policy.

Please read the Terms of Service carefully before you start using Class. By using our Application, you accept and agree to be bound and abide by these Terms of Service.

1. Scope of Terms

1.1 We may modify the Terms at any time, in our sole discretion. If we do so, we'll contact you and highlight the changes. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

1.2 Third-Party Services: your use of the Service may also include the use of applications that are developed or owned by a third party such as Google and Stripe. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

2. Definitions

2.1 In these Terms of Service, the following terms shall have the following meanings:

'Account' means an account created through the Mobile Application by any User in order to access and use certain parts of the Services.

'Student' means any person (whether or not such person is a User) who is a participant in any Class Lesson.

'Teacher' means any person who offers a Lesson through Class Services directly to Students as a Private Contractor.

'User' or 'you' means any user of the Mobile Application, Website and/or the Services. This includes Students, Teachers and users without a registered Account.

'Intellectual Property Rights' means all intellectual property rights including but not limited to copyright, designs, trademarks, rights protecting goodwill and reputation, service marks, patents, database rights, geographical indications, domain names, layout design rights and trade or business names and rights under any international convention, registered or unregistered.

'Lesson Schedule' is a set of requirements that a Student sends to a Teacher when they request a Lesson via the Mobile Application which include a lesson date, time among other details.

'Class Lesson' means a lesson offered by a Teacher through the Mobile Application, for which one Student alone or as a representative of a group of participants including him or herself has paid through the Services, and pursuant to which the Teacher agrees to provide and conduct such lesson for such Student(s).

'User Content' means any content provided by any User by means of the Service, including but not limited to any profile information, messages and reviews.

'Personal Information' means any data or information that relates directly or indirectly to a natural person, including any User, and that can be personally or non-personally identifiable information.

'Services' means all services, information and functionality provided or made available by Class at or through the Mobile Application and Website.

'Mobile Application' means all mobile software applications created for use on mobile platforms, iOS or Android, owned or licensed by Class.

'Website' means all websites, domains and all underlying pages thereof, owned or licensed by Opendoors, including class.opendoo.rs.

'Stripe' means Stripe Inc., a company incorporated in the United States, performing payment processing for Class, and includes its related corporations and affiliates.

'Google' means Google Inc., a company incorporated in the United States, providing Google Maps API(s) services for Class, and includes its related corporations and affiliates.

'Lesson Fee' is the amount of money required by a Teacher in order to carry out a Class lesson. This amount is set by the Teacher as an hourly rate and can be changed at any time by the Teacher.

'Teacher Service Fees' means the amount of money collected from the Teacher when a Class Lesson is scheduled.

'Trial Lesson Fee' is the amount of money required by a Teacher in order to carry out a Class lesson as a newly registered or existing Teacher, who has not yet received a positive (3 stars or more) Review from a Student. This amount is set automatically by the system. Once the Teacher receives their first positive Review, the Trial Lesson Fee requirement is removed.

3. Using the Mobile Application, Website and Services

3.1 Class is a location based marketplace, operating on iOS, designed to connect people offering language lessons (Teachers) and people looking to speak and learn new languages (Students). Class also offers a number of conversational bots to help Students practice their English skills without the need to schedule lessons with Teachers.

3.2 Teachers will create a Teacher Profile in the Mobile Application and enable location services on their mobile devices. Users will be able to perform a map-based or list-based Teacher Profile search relative to the Teacher location or preset Preferred Lesson Area location.

3.3 If a User finds a Teacher, who meets their language lesson requirements, the User can schedule a lesson with the Teacher by booking one of the Teacher availabilities and sending a Lesson Request.

3.4 You are responsible for your use of this Mobile Application and any Class Lesson transacted with a Teacher or Student (as the case may be) as a result. Class is not involved in any transaction or Class Lesson between Users and/or Students and Teachers, but only provides the relevant communication platform and tools to enable a User to transact with a Teacher.

3.5 Class does not have control over the quality, timing or legality of Scheduled Lessons provided by Teachers. Class does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.

When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know.

3.6 Class grants you a limited, non-exclusive, non-transferable license to access the Mobile Application, Website and use its Services in accordance with these Terms of Service. You acknowledge and agree that the creation of an Account in accordance with the terms of Section 4 is necessary to access parts of the Services.

3.7 Any records maintained by Class or its licensors relating to or connected with the Services shall be conclusive evidence of any information and/or data transmitted between Class and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system or mobile device, and you hereby waive any of your rights, if any, to so object.

4. User Content

4.1 By submitting, posting or displaying any content on or through the Mobile Application and/or Website, you agree to give Class an irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, display and distribute any such content.

4.2 You acknowledge and agree that Class has no obligation to and may not pre-screen or review User Content posted on the Mobile Application or Website or transmitted by means of the Service. Therefore, Class is not liable and/or responsible for the User Content. You certify that all of the User Content posted or submitted by you does not infringe the Intellectual Property Rights or any other rights of any third party.

4.3 Notwithstanding Section 4.2, Class has the right, in its sole discretion, to review, edit, remove, limit or refuse any User Content and/or to limit, refuse access or use of the Service to any User.

4.4 The use of the Service is at your own expense and risk. You are responsible for meeting the technical and functional requirements that are necessary to access and use the Mobile Application, Website and/or Services. The risk of loss, theft or damage to any of your data will at all times be borne by you.

5. Account

5.1 In order to access and use certain parts of the Services, you are required to create an Account in the manner required by Class and prescribed on the Mobile Application. Your creation of an Account is conditional upon you agreeing to provide and maintain at all times accurate, up-to-date and complete information about yourself as required by the Account creation procedure(s)on the Mobile Application. All information provided by or relating to you are governed by our Privacy Policy. No User shall be permitted to create, maintain and/or use more than one Account at any time, unless Class expressly consents. The purchase and sale of Accounts is expressly prohibited.

5.2 You are responsible for anything done under and in the name of each Account created by you. Class is not liable for any losses or damages resulting from unauthorized access to or use of any Account, by any person.

5.3 In order to create an Account, you must be at least 18 years old.

6. Fees and Payments

6.1 The download of the Mobile Application and use of our Website is free of charge. Class reserves the right to introduce a fee for the download of the Mobile Application and/or the use of our Website. If Class decides to introduce such a fee, Class shall inform Users accordingly and allow Users to either continue or terminate the Agreement. Class functions as an online marketplace connecting language Students and Teachers. The Lesson Schedule and Lesson Fee is at the discretion and an agreement between the Teacher and Student. Class provides a payment function for the Teacher and Student via Stripe, allowing a Teacher to collect payment from a Student. Class only collects a Teacher Service Fee.

6.2 If you request a Class Lesson, the relevant Teacher will need to approve the Lesson. Once the teacher approves the Lesson request you will be sent a notification message via the Mobile Application as well as contacted via email. The payment transaction, including verifying the payment information, will be handled by Stripe or a similar payment processing service. You will be charged the total amount at the time the Lesson is scheduled and confirmed.

6.3 Class will transfer Payouts to Teachers through Stripe on Fridays of each week. The Teacher will be solely responsible for any taxes and levies under any applicable law which may be imposed in connection with the Class Lesson. All Payouts due to a Teacher will be paid in accordance with the payment information provided by the Teacher to Class via Teacher Stripe Account. The Teacher will be solely responsible for registering a valid Stripe Account that is capable of receiving payments. Failure to register a valid Stripe Account within 14 days from Class Account creation will result in a denied payment.

6.4 Class will collect a Teacher Service Fee to the Teacher. The Teacher Service Fee will be a percentage of the total Lesson Fee and will be noted in the Teacher Stripe Account.

6.5 You may be subject to income taxes for your Class earnings. Please contact a tax professional or consultant for advice about your tax status and reporting requirements.

6.6 Newly registered Teachers or existing Teachers, who do not have any Student Reviews are required to offer a Trial Lesson Fee of 1000 JPY per hour until that Teacher receives their first Student Review. We reserve the right to change the Trial Lesson Fee at anytime without prior notice.

7. Cancellation and Refunds

7.1 A Student may cancel an Class Lesson by means of the cancellation functions made available on the Mobile Application. A cancellation is only deemed effective after Class issues a confirmation of cancellation, which will be sent to the Student(s) and the Teacher.

7.2 If a Student cancels a Class Lesson, no refund of payment will be performed if the lesson is cancelled within 24h hours from Lesson start time.

7.3 A Teacher may cancel an Class Lesson by means of the cancellation functions made available on the Mobile Application. A cancellation is only deemed effective after Class issues a confirmation of cancellation, which will be sent to the Student and the Teacher.

7.4 If a Teacher cancels a paid Lesson, the Lesson fees will returned to the Student.

8. Intellectual Property Rights

8.1 You acknowledge and agree that Class retains all rights, title and interest, including the Intellectual Property Rights, in and to the Services and any content in the Mobile Application and/or Website as well as any modifications, adaptations or translations thereof and accordingly you shall not under any circumstances acquire any rights therein, express or implied.

9. No Warranties

9.1 The Mobile Application, Website and/or Services provided by Class are "as is" with no express or implied warranty for accuracy, quality or accessibility.

10. Termination

10.1 You are entitled to terminate your agreement with Class on these Terms of Service at any time by terminating the Account.
10.2 For any reason, including inactivity for an extended period of time or ownership and/or employment in a competing service, Class shall be entitled, at its sole and absolute discretion, to take any of the following actions at any time without prior written notice or explanation and without any liability to you:
terminate, cancel or suspend your Account and/or your use of the Mobile Application, Website and/or Services;
ban any User from using the Services and prevent banned Users from creating a new Account.

11. Applicable Law and Dispute Resolution

11.1 This Agreement shall be interpreted pursuant to the laws of Japan. Any dispute arising out of this Agreement shall be resolved in the Tokyo District Court, and the parties hereto submit to the jurisdiction of the Tokyo District Court.

12. No Agency

12.1 No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

13. Final Provision

13.1 The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.

Privacy Policy

This privacy statement describes how Class collects and uses the personal information you provide. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

Location Services

Some services on the app make use of location-based data. Specifically, we integrate with Google Maps API(s). Please refer to Google's Privacy Policy for more information. If you allow these services, we will collect information about the Wi-fi routers closest to you and the cell IDs of the towers closest to you.

We use this information to provide the requested location-based service, not to identify you. You will be asked for your permission each time a location-based service is requested.

Provide you content based upon your location.
Provide you local search results.
Map routes and provide directions to locations that you specify.

Collection and Use

We collect the following personal information from you:

Contact Information such as name, email address, phone number
Billing Information such as credit card number for Lesson Payment
Unique Identifiers such as user name, account number, password
Preferences Information you provide such as product or content interests, or communication or marketing preferences
Usage activity about how you interact with us such as purchase history, what content you viewed, and which areas of our site you visited.
Device Information

We also collect the following information from you:

Demographic information such as age, education, gender and interests
Information about your mobile device such as your mobile device ID (similar to a website IP address), device type, and mobile service carrier.

We use this information to:

Send you an order confirmation
Send you requested product or service information
Send product updates or warranty information
Respond to customer service requests
Administer your account
Send you push notifications when you are using our app. If you do not want these notifications, you can manage your preference either through your device or app settings depending on your device type.
Send you a newsletter
Send you marketing communications
Improve our App and marketing efforts
Respond to your questions and concerns
Display content based upon your interests
Facilitate your transactions with other users

Social Networks

We enable you to create a profile, and share information such as messages, photos, and videos with others within your network. We cannot control the actions of others with whom you may choose to share your pages and information. Also we cannot guarantee that the content you post on our Mobile Application or Website will not be viewed by others outside your network.

Information Obtained from Third Parties

If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

We may disclose your personal information as required by law, such as to comply with a subpoena, or similar legal process.
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
If Opendoors is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. to any other third party with your prior consent to do so.
We make your contact information available to other users involved in the Payment for Lessons Fees listed on the Mobile Application or Website to complete the sale transaction.

Stripe

Stripe will be used to manage payouts and charges for lesson fees. You will provide your credit card number, directly to Stripe. Stripe's privacy policy will apply to the information you provide on Stripe's Web Site.

Security

When we collect personal information directly from you, we follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
In order to make a purchase from us, you must use our third party checkout options to finalize and pay for your order. Its privacy statement and security practices will also apply to your information. We encourage you to read that privacy statement before providing your information.

Correcting and Updating Your Personal Information

To review and update your personal information to ensure it is accurate, please use the edit fields provided in the App.

Contact

You can contact us about this privacy statement by emailing us at the address below:
feedback@opendoo.rs

Final Provision

The English text of the Privacy Policy constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.