Terms and conditions

 

Last Updated Feb 2020

Welcome to funchinese.fi, the website and online service of Fun Chinese (hereinafter: “Fun Chinese”, “we” or “us”).

This page explains the terms by which you may use our online services, software and website, provided on or in connection with the service (collectively the “Service”). By accessing or using the Services, you signify that you have read, understood, and agreed to be bound by these Terms and Conditions (“Terms”) and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Company”, “School”, “Individual”).

We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date shown above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service. If any clause or part of this Agreement is considered invalid by any court or arbitrator, this does not mean that the whole Agreement will be judged invalid.

Contents
  1. Provision of the Service
  2. Payment & Refunds
  3. Booking Policies & Resolving Disputes
  4. Managing Your Information
  5. Technical Requirements
  6. Free Trial Session
  7. Teacher Specific Terms
  8. Controlling Law and Jurisdiction
  9. Arbitration
  10. Limitation of Liability
  11. Indemnification
  12. Intellectual Property Rights
  13. Links
  14. Notices
1. Provision of the Service.

Who can use our Services: You may use our Services only if you can form a binding contract with Fun Chinese, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Your right to use our Services is personal to you or your organization and is not transferable by you to any other person or entity. Fun Chinese reserves the right to terminate your use of its services, for example if you demonstrate abusive or inappropriate behavior towards another User.

ANY USE OR ACCESS TO THE SERVICE BY ANYONE UNDER 18 YEARS OLD MUST OBTAIN WRITTEN PERMISSION FROM LEGAL GUARDIAN.

Fun Chinese provides an online service for language learning where Users, both Students and Teachers can collaborate with each other and take advantage of the services (collectively, the “Services”).

THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE TEACHERS AND STUDENTS CONNECTING AND BOOKING LESSONS. FUN CHINESE IS NOT RESPONSIBLE FOR THE METHODS, MATERIALS, ONLINE DELIVERY TOOLS AND ALL ASPECTS OF THE LESSONS/TEACHING SERVICES. FUN CHINESE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LESSONS. ACCORDINGLY, ANY PAYMENT SERVICES WILL BE MADE OR ACCEPTED AT THE USER’S OWN RISK. FUN CHINESE HAS NO CONTROL OVER THE CONDUCT OF ITS USERS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. FUN CHINESE HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, AVAILABILITY, SAFETY OR LEGALITY OF TEACHING SERVICES ADVERTISED, THE QUALIFICATIONS, BACKGROUND, OR THE ABILITIES OF TEACHERS TO DELIVER TEACHING SERVICES OR THE ABILITY OF STUDENTS TO PAY FOR TEACHING SERVICES.

2. Payment & Refunds.

Students can choose to purchase course packages by using Euros. As stated elsewhere on the website, course credits are valid for 12 months from the day of purchase. All prices stated include VAT but exclude any additional charges such as interest charged by the Student’s bank or credit card company etc. These charges are the sole responsibility of the Student. The prices stated also do not include any costs associated with connecting to the internet.

Students are able to receive a refund to the value of their remaining course credits if they contact Fun Chinese’s support team (support@funchinese.fi) to request their refund within 14 days of their initial purchase. The refunded amount will equal the value of the remaining lessons.

3. Booking Policies & Resolving Disputes.

A lesson can be cancelled or rescheduled by the Student if at least 24 hours are remaining until it is due to begin. The Student must reschedule/cancel the lesson following the instructions found on the Site’s FAQs page. When there are less than 24 hours remaining until the lesson is due to begin, the Student does NOT have the right to cancel or reschedule it.

This policy exists for the protection of Teacher’s working conditions. Teachers are able to make exceptions if they wish, however they are under no obligation to do so.

If the student don’t turn up to a booked lesson or be late to the lesson for more than 10 minutes, the lesson will be fully charged.

If the Student misses their lesson, they will not be able to reschedule or cancel it and their lesson credit will be lost.

Lessons scheduled during local holidays will not be cancelled automatically – it is the responsibility of the Student to make any necessary changes to their bookings. 

4. Managing Your Information.

It is the sole responsibility of each User to ensure that all personal details (e.g. contact details, payment details) are up to date and accurate at all times. By accepting these Terms, you hereby release Fun Chinese from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to inaccurate personal information being held on the site or being supplied to Fun Chinese staff.

5. Technical Requirements.

The Student is responsible for ensuring they have 1) a sufficiently fast and reliable internet connection and 2) the necessary software and hardware for learning via Fun Chinese. This includes a Classin account and the necessary audio equipment. If a lesson is disrupted or cannot go ahead as a result of technical issues from the Student’s side, the Teacher has the right to charge for the lesson. If the Teacher has technical issues, the lesson must be cancelled in the system so that the Student’s credit is not used.

6. Free Trial Session.

New Students are permitted to take a “Free Trial Session”. This session is only available to first time students, and is limited to one session per Student. The trial session lasts approximately 30 minutes. After taking this session, the Student can decide, without commitment or obligation of making a purchase, whether to proceed with purchasing lesson.

7. Teacher Specific Terms.

If you are accepted as a Teacher on the platform, your User status will be changed to “Teacher”. Fun Chinese does not have the right to control how you teach or how you set your schedule. You will be able to display your profile and create an introduction video for Students to watch. You will provide information you want displayed on your profile, which we will then be added to the site. You have the right to request changes to your profile at any point (though the profile must be accurate and must still fit our standard profile format). You agree:

  • To ensure that the information provided is accurate and not misleading.
    • To maintain the privacy of Students and not solicit any personally identifiable information.
    • Not to use content that violates copyright.

You are also expected to perform in a manner that results in a high level of Student satisfaction. You are in breach of the Terms if you:

  • Fail to deliver any lessons for which payment was accepted.
    • Fail to take reasonable efforts to resolve a dispute with a Student.
    • Create unacceptable levels of Student dissatisfaction.

We reserve the right to suspend teachers from working via funchinese.fi at any time.

With regards to data privacy:

Your personal data will not be shared with third parties.

IF YOU CHOOSE TO TEACH VIA FUNCHINESE.FI, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH FUN CHINESE IS LIMITED TO BEING AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF FUN CHINESE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF FUN CHINESE.

As an independent contractor, you understand that you are solely responsible for determining your applicable Tax reporting requirements and obligations relating to applicable Taxes for your services. You are also solely responsible for remitting these Taxes to the relevant authorities. Fun Chinese cannot and does not offer Tax-related advice to Users.

8. Controlling Law and Jurisdiction.

These Terms are governed in all respects by the laws of Finland. You agree that any claim or dispute you may have against Fun Chinese must be resolved by a court located in Finland. You hereby submit to the personal jurisdiction of the courts located within Finland for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.

9. Arbitration.

We want to address any issues you have without needing a formal legal case. Before filing a claim against Fun Chinese, you agree to try to resolve the dispute informally by contacting support@funchinese.fi. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Fun Chinese may bring a formal proceeding.

Judicial forum for disputes. You and Fun Chinese agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of Finland.

10. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUN CHINESE, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL FUN CHINESE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUN CHINESE ASSUMES 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 OUR SERVICE; (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 SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE 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 SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

11. Indemnification.

You agree to indemnify, defend and hold harmless Fun Chinese from any and all liability, claims, costs, or damages arising from your use of funchinese.fi or your breach of this Agreement and any of the Terms set out herein.

12. Intellectual Property Rights.

All of Fun Chinese’s materials, including website content, articles, images, and audio and video files remain at all time the sole property of Fun Chinese. Such aforementioned materials are protected under international copyright, trademark and other intellectual property laws. You may not post, distribute, sublicense, translate or reproduce in any way any copyrighted materials, trademarks or other proprietary information without the prior express written consent of Fun Chinese.

13. Links.

The Site may contain links to third-party websites. You acknowledge and agree that Fun Chinese is not responsible or liable for: (I) the availability or accuracy of such websites or resources; or (II) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Fun Chinese of such websites or their resources. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such websites.

14. Notices.

By providing Fun Chinese your email address and phone numbers you consent to our using the email address and phone number to set up the online lesson and send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You agree that these electronic communications satisfy any legal requirement that such communications be in writing. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such emails, you may unsubscribe from the email list.

If you have any questions and/or concerns about this Agreement or any of the policies of Fun Chinese, please contact us at support@funchinese.fi.