PLEASE READ THIS DOCUMENT CAREFULLY AS IT AFFECTS YOUR RIGHTS AND OBLIGATIONS
These Terms and Conditions of Use (henceforth, the “Terms and Conditions of Services”) regulate the use of the service provided through the Internet web site www.humphreysonlineclass.com (henceforth, “the Web Site”) that Humphreys Activity Center. LLC, (henceforth, “HUMPHREYS ACTIVITY CENTER”) makes available to Internet users.
HUMPHREYS ACTIVITY CENTER has its registered office at 1160 Fifth AVENUE, New York, NY 10029, has tax identification number as 84-4672227.
The mere use of the Web Site attributes the condition of the Web Site User (henceforth, the “User”) and implies full and unreserved acceptance of all of the provisions included in the Terms and Conditions of Use in the version published by HUMPHREYS ACTIVITY CENTER in the same moment in which the User accesses the Web Site. Consequentially, the User should read carefully the Conditions of Service in each of the occasions in which he or she uses the Web Site, as these conditions may undergo modifications.
HUMPHREYS ACTIVITY CENTER offers the services described in continuation through the Web Site and through future mobile applications and other related services.
HUMPHREYS ACTIVITY CENTER reserves the right to modify these Conditions of Use at any moment. Upon doing this, we will communicate these modifications via our web site or any other reasonable mean. These changes will enter into effect within 14 days after their publication. However, the modifications that cover the new functions of the Services or the changes realized due to legal reasons will go into effect immediately. Making use of the Services after said modifications go into effect constitutes your acceptance of the changes made to the Conditions.
Under Age Minors
In order to make use of the Services under age children must have previously been given permission from their parents or legal guardians, who will be considered responsible for all the actions carried out by the minors under their care. Full responsibility in determining the specific content and Services to which these minors can access corresponds to the parents or legal guardians. As Internet makes it possible to access contents that are not appropriate for minors, the Users are informed that there are mechanisms that exist, in particular filtering and blocking computer programs that allow you to limit the available content and, even though they are not infallible, they are especially useful to control and restrict contents that minors can access.
For the purposes of these Conditions of use “the User” or the “Father, Mother or Legal Guardian” understands that their acceptance and conformity of said conditions, implies the legal representation of the legal identity of the “Student” or “Son/ Daughter” that access and uses the Services, accepts to take the place of said minor for the purpose of full repair, in the case of damages and compensation which cannot be claimed from the minor
Generally, the provided Services are conditioned to the previously completion of the corresponding User Registry, that is found available to those who wish to register at “Register. HUMPHREYS ACTIVITY CENTER”
Upon registering, the User accepts to provide certain up accurate, complete and up to date personal information just as it is requested in the Service registry form. The registration and the personal data of the User and of the Student are governed by our private policy.
Truthfulness of Information
All information that the User provides through the Services must be truthful. For these purposes, the User guarantees the authenticity of all this information that they communicate as a consequence of completing the necessary forms for the subscription to the Services. Similarly, it will be the Users responsibility to maintain all this information provided to HUMPHREYS ACTIVITY CENTER permanently up to date so that it reflects, at all times, the current real situation of the User. In any case the User will be the only one responsible for any false or inaccurate statements made and for the damages that they cause to HUMPHREYS ACTIVITY CENTER or to third parties due to the information facilitated.
Description of the Services
By means of this Web Site, HUMPHREYS ACTIVITY CENTER makes available the access and use of a technological platform designed to provide online English language classes for Children ages 3-10 years old by giving them the chance to practice using the language in a conversational, immersion basis one-on-one with a native speaking English teacher. During the Class with a Teacher, the Teacher and student will hold conversations, and the Teacher will share HUMPHREYS ACTIVITY CENTER intellectual property content including photos and text in order to begin discussions. After the Classes the students will receive instructions to do a small project to present to the Teacher in the next Class and they also will receive homework assignments from time to time.
Cancelations and re-scheduling: If the Student cannot attend a Class at the scheduled time as confirmed and listed in the account, the parent may cancel or reschedule such Class with at least 24-hour notice. If you fail to cancel or reschedule such Session with 24-hour notice, the Student will be deemed as “no-show” for this Class. Each no-show will result in deduction of one Class from the total Classes purchased.
If a Student arrives late to a Class, this Class will still conclude at the previously scheduled ending time, and, neither the Student nor the Parent can request that the ending time of the Class be prolonged as the Teacher will have other Classes to attend immediately after Your scheduled Class. A late arrival Class will be deemed as completed and will be deducted from the number of remaining Classes in Your account.
Account, Password and Security: The account holder is responsible for maintaining the confidentiality of their password (login) and any other account information, and for all activities that occur in their account or during their User session. The User must notify HUMPHREYS ACTIVITY CENTER in a timely manner of any unauthorized use or breach of security of Your password or account and ensure the logging of the account at the end of each user session and after accessing the Service. HUMPHREYS ACTIVITY CENTER will not be held accountable liable for any losses or damages which could arise from failure to comply with this Section.
HUMPHREYS ACTIVITY CENTER Quality: HUMPHREYS ACTIVITY CENTER carefully selects its Teachers. Each Teacher participates in HUMPHREYS ACTIVITY CENTER training courses in order to guarantee they are properly trained in our method of teaching. Managers approve their interviews with expertise in the Teacher’s language and in Young learner education. However even after Our thorough selection process, the final selection of the Teachers is Our users responsibility; if, for any reason, You are not satisfied with a Teacher You may either (a) ask for a different Teacher, or (b) delete Your Services account and, if applicable, ask for a refund for the specific Class as per the below terms. Nevertheless, if you are not satisfied with Your Teacher, We ask you to kindly contact us by email with a brief explanation of your experience so that We can try to remedy Your dissatisfaction in another matter. email@example.com
Mobile Services: The Service may include some services available via a mobile device, including (a) uploading of content to the Service using a mobile device, (b) browsing the Service and the Site from a mobile device and (c) accessing of some features through a downloaded application and installing it on a mobile device (to be known as, “Mobile Services”). Accessing the Service through a mobile device, Your wireless service carrier’s standard charges, data rates and other fees will apply. Additionally, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices. When using the Mobile Services, it is understood that We may communicate with You in regards to HUMPHREYS ACTIVITY CENTER and other entities by SMS, MMS, text message or other electronic means to Your mobile device and that information about Your usage of the Mobile Services will be communicated to Us. When changing or deactivating Your mobile telephone number, You agree to promptly update Your HUMPHREYS ACTIVITY CENTER account information so that Your messages will not be sent to someone that acquires Your old number.
Recorded Sessions and Feedback: Upon accepting these General User Conditions, you expressly, freely and voluntarily authorize the capture, reproduction, the broadcasting of your image or that of the Student under your care, due to their participation in any form in the programmed classes through the use of the Services (including communications by voice chat), with the purpose of supervising and optimizing the general quality control of the Services, improvement of the teaching method and safety of the Student. Similarly, and completely free of charge, authorizing the use of image rights that, in accordance with the organic law 1/1982, of May 5th, about the Civil Protection of the Right to Honor, Civil Protection of the Right to Honor, Personal and Family Intimacy and one's own image to which you or the Student have a right for the elaboration of educational content, descriptive, internal training used in order to train teachers and to improve the teaching method. The length of this authorization for the use of these rights will be indefinite, although this authorization can be revoked at any time.
The classes are recorded using third-party software. These recordings will be made available for You and the Student to use to review and study the material covered in the classes. These recordings are a free added extra to the service and are not included in the price. If, due to a system error, a class recording is not available, You will not be entitled to any refund.
You are the only one responsible for the supervision of the Student during all of the classes, this includes any behavior, attitude, opinion or content that the Student shares or maintains during said classes.
Your child must be told that they should never share any information through the Service, that he or she would not share with their family setting. HUMPHREYS ACTIVITY CENTER can, but is not obligated to store recordings of classes for more than 15 days, reserving the right to review these class recordings in order to improve the teaching method, to train teachers, and for quality control. Without your expressed written permission, HUMPHREYS ACTIVITY CENTER will not use any public class recording in which you or the student appears.
Equipment: given the characteristics of the Services given through the Internet, it is understood that the User is responsible for the acquisition and maintenance of the equipment and services needed to access and use the Services and to ensure that they are compatible with them.
Fees and refunds: The Service is made available after the previous payment of the official fees fee published at all times on the Web Site, that includes applicable taxes. You will be required to select a payment plan and provide HUMPHREYS ACTIVITY CENTER the necessary information in regards to Your credit card or other payment methods. By doing this You communicate to HUMPHREYS ACTIVITY CENTER that this information is true and that You are the authorized user at all times for this payment method. The data that is transmitted in relation to the payments through credit card travel encrypted through a secure line to POS (Point of Sale) of the bank that HUMPHREYS ACTIVITY CENTER operates with. If you make a payment with a credit card the following information will be requested: the credit card number, the expiration date, a validation code that coincides with the last 3 numbers of the number printed in italics on the back of the card. Payment with a Paypal account. In order to use this system you must previously have created a user account with Paypal. Once having chosen this system, you will be redirected to Paypal’s web site where the payment will be completed and you will be shown the amount to be paid with the inclusion of all the operation’s applicable taxes and fees
It is necessary that your account information is updated on a timely basis with any change (for example, address changes or expiration dates) that can occur. You accept to pay the amount HUMPHREYS ACTIVITY CENTER specified in the payment plan selected in accordance to the terms of this plan and these General Use Conditions.
In the case, under any circumstance, the User decides to cancel the Service, the class or the hired plan and previously paid, HUMPHREYS ACTIVITY CENTER commits to offering the User the possibility to opt for a 100% refund of the amount that results from the following formula:
Amount of refund = the amount paid for the Course -the number of completed Classes as scheduled (including no-shows) × the price per Session at the time of purchase
You can also accrue, in your User account, as “credit” for future purchases. If a problem occurs with any Class, complete the form that appears after each programmed class, detailing the incident. The credit (as defined below) for the class will be deposited in your account. Please let us know if you prefer to receive a refund instead of a credit. Keep in mind that if HUMPHREYS ACTIVITY CENTER, under their exclusive criteria, considers that the User is abusing, in any way the Refund Policy, it could suspend or cancel your account and decline or restrict any current or future use of the Services.
As with the rest of the General Conditions of Use, HUMPHREYS ACTIVITY CENTER reserves the right to change the prices, fees or the length of classes. If HUMPHREYS ACTIVITY CENTER changes its prices, fees or length of the classes, it will communicate said changes through the Web Site with at least a 15 day notice before the change is put into effect. Access and/or use of the Service after any change goes into effect constitute your acceptance of paying the modified price. HUMPHREYS ACTIVITY CENTER occasionally may offer specials and price promotions (discounts) for which the 15 day notice will not be applicable but will take immediate effect. In this case, the price of the Service will have any applicable taxes included.
Non commercial use: Unless expressly authorized, the User accepts to not show, distribute, license, realize, publish, reproduce, duplicate, copy, create derivative works, modify, sell, resell, exploit, transfer or charge with commercial purposes, any portion of the Service, use of the Service or access to the Service. The Service is for an exclusively personal use.
Withdrawal and Suspension of Services
HUMPHREYS ACTIVITY CENTER reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without pervious notice. You accept that HUMPHREYS ACTIVITY CENTER will not be liable to your or to any third party for any of these modifications, suspensions, or interruptions of the Service
HUMPHREYS ACTIVITY CENTER could withdraw or suspend in any moment or without any need for previous notice the provision of the Services to those Users that breech what is established in the General Conditions of the Service.
The obligation to make correct use of the Web Site and the Services.
The User commits to use the Web Sit and the Services in accordance to the law, the General Conditions of Use of the Service and further notices, rules of use and instructions brought to your knowledge, such as with the moral and good customs generally accepted and public order. To that effect, the User shall not use any of the Services with effects or purposes unlawful, prohibited by the General Conditions of Services, detrimental to the rights and interests of third party, or in any form that could damage, disabling, overcharging, spoiling or impeding the normal usage of the Service, the computer equipment or the documents, files and all the class contents stored in any computer program or equipment (hacking) of HUMPHREYS ACTIVITY CENTER, of other Users or of any Internet User (hardware and software) in any way
In particular, and for the purpose of mere illustration and not exhaustive, the User commits to not transmit, broadcast or make available to third party information, data, content, messages, graphics, drawings, sound files, and/or images, photographs, recordings, software and, in general, any class material that:
- In any way is contrary to, disparages or undermines fundamental rights and public freedoms recognized constitutionally, in international treaties and in all other legislation.
- Induces, incites or promotes criminal, denigratory, defamatory, libelous or violent actions, or in general, actions against the law, generally accepted principles of morality or public order.
- Induces, incites or promotes actions, attitudes or thoughts which are discriminatory on the basis of sex, race, religion, beliefs, age or condition
- Incorporates, makes available or allows access to criminal, violent, offensive, injurious, degrading, or in general products contrary to the law, generally accepted principles of morality or public order.
- Induces or may induce to an unacceptable state of anxiety or fear
- Induces or incites involvement in practices that may endanger, put at risk, or harm one's health or mental stability
- Is false, ambiguous, imprecise, exaggerated or invented, such as might lead others into error concerning the object, or regarding the aim or intentions of the communicator
- Is protected by whatever right of the intellectual or industrial propriety belonging to a third party, without the User having previously obtained authorization for the use in question from the owner.
- Violate commercial secrets of third parties
- Is in contrary to the Right to Honor, Personal and Family Privacy or Personal Image rights.
- In any way undermines the good name of HUMPHREYS ACTIVITY CENTER or of third parties
- Infringe regulations on privacy of communications
- Constitutes illegal, deceptive or unfair advertising and in general which constitutes unfair competition
- Incorporates viruses or other physical elements or electronics that can harm or impide the normal functioning of the network, the systems or the computer equipment (hardware and software) of HUMPHREYS ACTIVITY CENTER or of third parties or that can harm electronic documents and files stored in said computer equipment.
- Cause by their characteristics (such as format, extension etc.) difficulties in the normal functioning of the service.
- Contain HTML tags different from those expressly authorized by HUMPHREYS ACTIVITY CENTER
Obligation to make correct us of the contents
The User undertakes to use the contents made available to the Users in the Web page, understanding by these, without this list having restrictive character, the tests, photographs, graphics, images, icons, technology, software, links and other audiovisual and sound contents, such as their graphic design and source code (henceforth the “Contents”), in accordance to the law, the General Conditions of Use of the Service, and other notices, rules of use and instructions made known, such as with generally accepted principles of morality or public order and in particular agrees to refrain from:
- Reproduce, copy, distribute, make available or any other form to communicate publicly, transform or modify the Contents, unless given authorization from the owner of the corresponding rights or that it is legally permitted.
- Delete, manipulate or in any form alter the “copyright” and other identifying information of rights reserved of HUMPHREYS ACTIVITY CENTER or their holders, of digital fingerprints or of any other technical means established for their recognition.
The User should refrain from obtaining and even from trying to obtain the Contents using means or procedures differing from those that, following the case, have been made available for that purpose or that have been indicated for that purpose in the Web Pages where the Content can be found or, in general, from those that are typically used on the Internet for this purpose provided that they do not present a risk of damage or deactivation of the Web Site, of the Services and/or the Contents.
Intellectual Property Rights
HUMPHREYS ACTIVITY CENTER is the owner of all and every one of the intellectual property rights, including but not limited to the copyright, in the following materials (1) all materials prepared for or by HUMPHREYS ACTIVITY CENTER (including but not limited to work books, homework, courses, class material and relevant training materials). (2) all material generated as a part of the process of teaching (including, among others, teaching videos and teaching diagrams) (3) software, programs and contents shown, used and provided on our web page, and (4) whatever other material, content or technology created by us for the provision of the services (HUMPHREYS ACTIVITY CENTER materials)
HUMPHREYS ACTIVITY CENTER grants you and the student for the exclusive use of your user account a limited license, non-exclusive and non-transferable in order to access and use HUMPHREYS ACTIVITY CENTER’s materials, with the only purpose being for educative, personal and no commercial means of the Student and in accordance with these General Use Conditions. All other uses are expressly prohibited unless given the expressed written permission of HUMPHREYS ACTIVITY CENTER. Without our permission, you and the Student in your account, cannot, at any moment, (during and after the termination of the term of the contract) (a) to use HUMPHREYS ACTIVITY CENTER materials previously mentions for commercial purposes; (b) translate, copy, transmit, edit or reproduce or create work derived from HUMPHREYS ACTIVITY CENTER material previously mentioned in any way, and (c) disclose, sell, share, license or redistribute transmit HUMPHREYS ACTIVITY CENTER material previously mentions to a third party.
Exclusion of guarantees and of responsibility
The service is provided “as is” in the moment of hiring it and “upon availability”. HUMPHREYS ACTIVITY CENTER does not guaranty that (a) the service fulfills its requirements, (b) the service will be uninterrupted, timely, safe or free from errors, (c) the results that can that can be obtained from the use of the service will be accurate and trustworthy or (d) the real use and effectiveness of the classes and the level of knowledge of the language fulfills with any rule or standard of quality apart from HUMPHREYS ACTIVITY CENTER, being in any case, the own ability of use of the student that which determines the effective progress in learning the language.
HUMPHREYS ACTIVITY CENTER does not guarantee the availability and continued functioning of the Web Site and the Services. When it is reasonable possible, HUMPHREYS ACTIVITY CENTER will previously send notice of interruptions in the functioning of the Web Site and the Services. HUMPHREYS ACTIVITY CENTER also does not guarantee the use of the Web Site and the Services for the realization of any activity in particular, nor its infallibility and, in particular, even though not exclusively, that the Users can effectively use the Web Site and the Services, access the different Web Pages that form part of the Web Sit or those from those that provide the Services.
HUMPHREYS ACTIVITY CENTER is excluded, to all extent permitted by law, any liability for damages or losses due to the lack of availability or the continuity of the functioning of the Web Site and the services, or the defrauding of the usefulness that the users may attribute to the Web Site and the Services, to the fallibility of the Web Site and the Services in particular, however not in an exclusive way, to the access failures to the different Web Pages of the Web Site or those from which the Services are provided.
HUMPHREYS ACTIVITY CENTER does not control or guarantee the absence of viruses nor from other elements of the services provided by third parties through the Web Site that can produce alterations in the computer system (software and hardware) or in electronic documentation and files stores in their computer system.
HUMPHREYS ACTIVITY CENTER is excluded from any liability for damage and losses of all nature that could be caused by the presence of a virus or the presence of other harmful elements in the Services provided by third parties through the Web Site that can produce alterations in the computer system, electronic documents or User files.
The limitations and the exemption of liability in this section does not try to intend to limit the liability nor alter consumer rights that cannot be excluded according to the law. With the exception of the types of responsibilities that cannot be limited by the law, you accept that our liability with you is limited to 100% of any amount that has been paid to your account held with us.
Duration and termination
The provision of the Service of the Web site and the other Services has, an indefinite duration. HUMPHREYS ACTIVITY CENTER, however, is authorized to terminate or suspend the provision of the Service of the Web Site and/or any other of the Services at any moment. When it is reasonably possible, HUMPHREYS ACTIVITY CENTER will send previous notice of termination or suspension of the provision of the Service of the Web Site and the other Services.
HUMPHREYS ACTIVITY CENTER, in its sole discretion, and without incurring in any liability, reserves the right of the possibility of suspending or canceling your account or the use of the Service and eliminating or getting rid of any content within the Service, for whatever reason, including, among others, lack of use or if we believe the User violated or acted inconsistently with the letter and the spirit of these General Conditions of Use.
Applicable Law and Official Language of these Conditions, Jurisdiction and Resolution of Disputes.
These Conditions are redacted in the English and English language, being English the official version of the contract for the purposes of application and interpretation.
Any disputes or claims that arise from or that are in relation to these Conditions, its breach, termination, execution, interpretation or validity, will be resolved by the party through friendly negotiations, sending content and rationale by email to HUMPHREYS ACTIVITY CENTER at firstname.lastname@example.org
If the dispute cannot be resolved through friendly negotiation, the parties agree to submit to the jurisdiction of the arbitrary courts of the New York City and not to a court of law.
In the absence of disagreements in accordance with said regulation within the following 60 days since the filing of the claim, or at the end of the deadline that would have been agreed upon in writing by both parts, said disagreements will be definitively resolved in agreement with the regulation of the New York City by one or more arbitrators appointed in accordance with their rules of arbitration.
Parents can’t go around me working with teachers without my Permission.
Teachers can’t go around me working with parents without my permission.
If this happens, I will ask you to take responsibility for my company’s financial damages.
(This rule applies to all teachers and parents who started “Humphreys Activity Center”)
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