Student Contract
Last updated 18th March 2022
Teach Terms of Use
These terms set out the legal basis on which you are granted access to and use of the Teach platform and website at www.teach.io (the “Teach Platform”). Please read these terms carefully before agreeing to create an account on the Teach Platform.
In particular, please read clauses 9.2 and 12 carefully as it explains our liability to you in relation to your use of the Teach Platform.
1.
Who we are and how to contact us
1.1.
We are Teach Digital Software L.L.C. (commercial license number 1018442) of Office 1006, 10th floor, single Business Tower, Shaikh Zayed Road, Dubai, UAE (“Teach”).
1.2.
To contact us, please email us at info@teach.io.
2.
Accepting these terms
2.1.
By creating an account on the Teach Platform, you confirm that you accept these terms and agree to comply with them at all times. Your continued use of the Teach Platform will be interpreted as your agreement to these terms, as they may be amended from time to time.
2.2.
We may update these terms from time to time by giving you notice in writing. If you do not agree to the updated terms then you must immediately stop using the Teach Platform.
3.
Teacher contracts
2.1.
When you subscribe to a course via the Teach Platform, you are entering into a contract with the individual or organisation named as the provider of that course (the “Teacher”). The Teacher is acting as a trader and not as a consumer.
2.2.
Teachers are independent individuals or organisations. They are not employees or representatives of Teach. We do not give you any legally-enforceable assurances about the Teacher. You must read the Teacher’s terms and conditions, refund policy and privacy information carefully before subscribing to their course.
2.2.
Teach does not have any rights or responsibilities under the contract which is entered into between the Teacher and you.
4.
Age limit
You are not allowed you access the Teach Platform if you are under 18 years of age. Underage users will have their accounts deleted without warning.
5.
Prohibited uses
5.1.
You may not use the Teach Platform:
5.1.1.
in any way that breaches any applicable local, national or international law or regulation;
5.1.2.
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
5.1.3.
for the purpose of harming or attempting to harm minors in any way;
5.1.4.
to bully, insult, intimidate or humiliate any person;
5.1.5.
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Policy at http://teach.io/content-policy
5.1.6.
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
5.1.7.
to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
5.1.8.
to upload terrorist content.
5.2.
You also agree:
5.2.1.
not to reproduce, duplicate, copy or re-sell any part of the Teach Platform; and
5.2.2.
not to access without authority, interfere with, damage or disrupt:
(a).
any part of the Teach Platform;
(b).
any equipment or network on which the Teach Platform is stored;
(c).
any software used in the provision of our site; or
(d).
any equipment or network or software owned or used by any third party.
6.
What we are responsible for
6.1.
We will make commercially reasonable endeavours to:
6.1.1.
allow you access to, and use of, the Teach Platform at times when the Teach Platform is not undergoing maintenance;
6.1.2.
allow you access to, and use of, the Teach-branded documentation made accessible via the Teach Platform or otherwise supplied to you by us from time to time (the “Teach Documentation”); and
6.1.3.
remove content which contravenes our Content Policy (accessible from http://teach.io/content-policy) once it has been reported to us. You can report content to us by email to complaints@teach.io.
6.2.
The Teach Platform and Teach Documentation are provided on an as-is basis and we do not give you any legal assurances about their availability at any given time.
7.
What we are not responsible for
7.1.
We are not responsible for, and give no legal assurances in relation to, the following:
7.1.1.
the content, quality or accuracy of course materials made available by a Teacher via the Teach Platform;
7.1.2.
community hub content unless it has been reported to us (see clause 6.1.1 for details of how to report community hub content to us);
7.1.3.
ensuring that it is lawful for you to access specific course content in your country;
7.1.4.
that your access or use of a Teacher’s course content will not infringe the rights of any third party; and
7.1.5.
carrying out any checks on Teachers other than those (if any) which we are required to carry out by law.
8.
What you are responsible for
8.1.
Any contribution of yours to the Teach Platform (be it a community hub post, direct message to a teacher or another user, content you’ve uploaded, etc.) must:
8.1.1.
be accurate (where it states facts);
8.1.2.
be genuinely held (where it states opinions);
8.1.3.
comply with the law applicable in the country from which it is posted;
8.1.4.
not contravene our Content Policy accessible from http://teach.io/content-policy); and
8.1.5.
not contain excessive advertising or promotion (spam) of third parties or their products or services.
9.
What happens if you breach these terms
9.1.
If you materially breach these terms then we may (at our absolute discretion):
9.1.1.
permanently terminate your account;
9.1.2.
suspend your account temporarily;
9.1.3.
issue a warning to you;
9.1.4.
commence legal proceedings against you for reimbursement of all costs and damages on an indemnity basis (meaning you reimburse us in full) including, but not limited to, reasonable administrative and legal costs resulting from your breach;
9.1.5.
take further legal action against you anywhere in the world; and/or
9.1.6.
disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
9.2.
We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
10.
Your rights to terminate
You can terminate these terms at any time by deleting your account and ceasing to access the Teach Platform. This will not affect your or our rights and responsibilities up until the point of deletion.
11.
What happens if my account is terminated
11.1.
If your account is terminated then you will lose access to the Teach Platform. This means that you will also lose access to Teachers’ courses you have subscribed to.
11.2.
Unless we tell you otherwise in writing, you are not permitted to create a new account for the Teach Platform.
12.
Our liability to you
12.1.
Your access to Teachers’ courses via the Teach Platform is conditional on you complying with these terms. We are not liable to you for your loss of access to Teacher’s courses, community hubs or any other materials hosted on the Teach platform if we terminate your account under clause 9.
12.2.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors. For the avoidance of doubt, Teachers are not employees, agents or subcontractors of Teach.
12.3.
If you are a consumer then (subject to clause 12.1 and clause 12.2 above) the following terms apply to you:
12.3.1.
we are responsible to you for foreseeable loss and damage caused by us up to the amount set out in clause 12.3.2. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.3.2.
Our total maximum liability to you is capped at $10 (ten US dollars).
12.4.
If you are not a consumer then (subject to clause 12.1 and clause 12.2 above) the following terms apply to you:
12.4.1.
We have no liability to you for any of the following:
(a).
loss of profits;
(b).
loss of sales or business;
(c).
loss of agreements or contracts;
(d).
loss of anticipated savings;
(e).
loss of use or corruption of software, data or information;
(f).
loss of or damage to goodwill; and
(g).
indirect or consequential loss.
12.4.2.
Our total maximum liability to you is capped at $5 (five US dollars).
12.4.3.
Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred (as opposed to you becoming aware of you having grounds to make a claim in respect of it) and shall expire three months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
13.
Intellectual property rights
13.1.
All intellectual property rights in the Teach Platform are owned by us, or our licensors. You have no intellectual property rights in, or to, the Teach Platform or Teach Documentation except for the rights set out in these terms.
13.2.
All intellectual property rights in a Teacher’s course are owned by the Teacher or their licensors.
14.
How is your personal data used
14.1.
When Teach processes your personal data in order to create and manage your account on the Teach Platform, we do so as a data controller. You can read our Privacy Policy at http://teach.io/privacy for full information about how we use your personal data.
14.2.
In other circumstances we process your personal data acting as a data processor for each Teacher whose course you have subscribed to. The Teacher is the data controller in relation to your personal data. Please refer to the Teacher’s Privacy Policy (accessible from their course page for more information).
15.
Other general terms which apply
15.1.
How these terms can be transferred. We can transfer our rights and obligations under these terms to any third party. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.2.
Nobody else has rights under these terms. These terms are between you and us. No other person shall have any rights to enforce them.
15.3.
If a court finds part of these terms illegal, the rest will continue in force. Each of the clauses in these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
15.4.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.5.
Which country's laws apply to any disputes? These terms (and any non-contractual disputes or claims arising out of them) are governed by English law. You and we agree to the exclusive jurisdiction of the courts of England and Wales.