Terms of Use

These Terms of Use ("Terms") were last updated on June 12, 2019.

EDUCALERA’s mission is to provide exceptional learning experience.

We enable schools and their teachers to create and share courses and to enrol students in these educational courses to learn.

These Terms apply to all your activities on the EDUCALERA website and other related services (“Services”).

We also provide details regarding our processing of personal data of our students in our Privacy Policy.

 

Accounts

You, as a Student need an account for most activities on our platform, including to purchase and enrol into a course.

When setting up and maintaining your Student account, you must provide and continue to provide accurate and complete information, including a valid email address and correct address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password.

You are not allowed to transfer your account to someone else or use someone else’s account with or without their permission. If you share your account login credential with someone else, you are responsible for what happens with your account and EDUCALERA will not intervene in disputes between students or teachers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our team at

If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account and prove your identity are in line with the account information available in the system.

If a Student is younger than 16, they may not set up an account, but they need to invite a parent or guardian to open an account and help them to enrol in courses that are appropriate. If we discover that if a Student has created an account and they are younger than the required age for consent to use online services and a guardian or parent consent is not available, we will terminate the account.

 

Course Enrollment

When a Teacher publishes a course on EDUCALERA, they grant EDUCALERA a license to offer a license to the course to students. This means that we have the right to sublicense the course to the students who enrol in the course. As a student, when you enroll in a course, whether it’s a free or paid course, you are getting from EDUCALERA a license to view the course via our platform, and EDUCALERA is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).

We generally give a lifetime access license to our students when they enrol in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons.

Teachers may not grant licenses to their courses to student directly and any such direct license shall be invalid.

 

Payments, Credits, and Refunds

The prices of courses on EDUCALERA are determined by the teachers.

If you are logged into your account as a Student, the listed currency you see is based on the selection of the teacher.

If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (SEPA, Paypal, direct debit) for those fees. EDUCALERA works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.

If the course you purchased is not what you were expecting, you can request, within 30 days of your purchase of the course, that EDUCALERA credit/refund your account. We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased your course. No credit or refund is due to you if you request it after the 30-day guarantee time limit has passed.

 

Content and behavior Rules

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behaviour on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If you are a student, the Services enable you to ask questions to the Teachers of courses you are enrolled in, and to post reviews of courses. For certain courses, the teacher invites you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.

 

EDUCALERA’s Rights to Content You Post

The content you post as a Student remains yours.

When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize EDUCALERA to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with EDUCALERA for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

 

Using EDUCALERA at Your Own Risk

EDUCALERA enables anyone anywhere to create and share educational courses. We do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the courses. If you enroll a course, you rely on any information provided by an Teacher at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. EDUCALERA has no responsibility to keep such content from you and no liability for your access or enrolment in any course, to the extent permissible under applicable law.

When you, as a Student interact directly with a Teacher, you must be careful about the types of personal information that you share. We do not control what Students and Teacher do with the information they obtain from other users on the platform.

When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

 

EDUCALERA’s Rights

All right, title, and interest in and to the EDUCALERA platform and Services, including our website, our existing or future applications, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by Teachers and Students) are and will remain the exclusive property of EDUCALERA and its licensors. Nothing gives you a right to use the EDUCALERA name or any of the EDUCALERA trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding EDUCALERA or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the EDUCALERA platform and Services:

·      access, tamper with, or use non-public areas of the platform, EDUCALERA’s computer systems.

·      disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.

·      copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the EDUCALERA platform or Services.

·      access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.

·      in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as EDUCALERA); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

 

Miscellaneous Legal Terms

Binding Agreement

You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with EDUCALERA. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

Any version of these Term in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our Teachers is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will EDUCALERA or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

Limitation of Liability

There are risks inherent into using our Services, for example, if you enrol in a health and wellness course like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless EDUCALERA, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

Governing Law and Jurisdiction

These Terms are governed by the laws of the Hungary without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of federal courts in Budapest, Hungary.

Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to info@educalera.com).

Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and EDUCALERA reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

How to Contact Us

The best way to get in touch with us is to contact our Support Team via info@educalera.com.