Terms and Conditions and background check consent

Services Description: Funxool is an online platform for K-12 classes, designed for parents to find and book classes for the benefit of their child or children, and for Teachers to market, sell and conduct their classes. The teachers are considered as independent contractors and manage their own classes and content, and payment of taxes. As the provider of an online marketplace, Funxool does not own, create, sell, resell, control, or manage any classes. Funxools responsibilities are limited to: (i) providing the Site as an online marketplace and platform to facilitate the sale, purchase, and conduct of Classes, and (ii) serving as the limited agent of each Teacher for the purpose of accepting payments from a Parent on behalf of the Teacher. While interacting with the website, or utilizing your company’s goods or services, the user is automatically agreeing to be subject by the Terms of Use in their entirety, without modification.

Arbitration agreement

The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Funxool on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis upto an amount, not exceeding 10,000 dollars.

Funxool with not be liable for any indirect damages for loss, profit or goodwill due to any negligence, from the use or the inability to use the service, or due to the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered from this service. Or due to any alteration of data or misconduct of any third party. In no event will Funxool be liable for all your damages, losses or causes of action exceeding the amount you have paid to Funxool in last 6 months, or if greater, one hundred dollars ($100). Funxool reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Funxool will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Indemnification agreement

You agree to release, indemnify and hold Funxool and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Code of conduct

Teachers must adhere to Funxools code of conduct while teaching a class. They must maintain a professional demeanor and dress code, and ensure that they teach from an office space or designated are of the house, where there are minimal distractions for our students. FunXool LLC is not liability for the conduct of Teachers, Parents, or any other Users of the Site or Classes, and does not control the behavior of the users or the quality of classes, and cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes. Instructors will need to follow FunXools code of conduct, and any violations thereof reported by students or parents, with lead to termination of any agreement between Funxool and tutor and the tutor will not be able to access the platform. All ads and posting will be removed if it is deemed that the tutor failed to comply with our terms and standard.

Class Content and Teachers guide

Tutors are responsible for maintaining the class content, and Funxool is not responsible for any of the content, images or videos used by the tutors, and Funxool is not responsible for the content used by the tutors. Tutors must be over 18 years of age for background check purposes and must register on the website and maintain their profile and account. The tutor is responsible for maintaining the confidentiality of the password and account, and must notify Funxool of any unauthorized access. Funxool is not responsible or liable for any damages due to failure to comply with these requirements to maintain the confidentiality of the accounts. Funxool has the discretion as to which Classes we list on the marketplace and we reserve the right to reject any Classes or remove Classes from the marketplace for any reason.

We will record all our class sessions for training purposes. By using the services, you consent to you and/or your child appearing in Class Recordings. If you wish to not have the class recorded for safety purposes, then you must email us to delete the recording. With the sole exception of students enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by Funxool to any third parties.

Payment Terms

Parent: Each Parent agrees to pay all applicable fees for Classes (“Enrollment Fees”) as set forth on the Site. All Enrollment Fees are payable in the currency specified on the Site at the time of purchase. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income. Parent hereby authorizes Funxool to bill Parent’s payment instrument upon confirmation of a purchase, and Parent further agrees to pay any charges so incurred. If Parent disputes any charges you must let Funxool know within sixty (60) days of the payment.

Teacher Payment: Funxool will transfer the Enrollment Fees to Teacher’s Paypal account for each sale of a Class (or set of Classes, as applicable) to a Parent within a reasonable period of time, minus Funxools service fees( which is 20 percent of the total fees paid by the parent).In order to transfer funds to Teacher’s Paypal account, Teacher shall sign up for a Paypal account. Funxool has discretion to act on behalf of the Parent, and to not transfer the Enrollment Fees to Teacher, if Parent reports that the Classes were not provided or adequately completed. This may include but is not limited to circumstances where a Teacher did not arrive for a Class or a Class was of insufficient quality. Funxool will independently review such cases, seeking input from the Parent and/or the Teacher, and may decide at its sole discretion to issue a refund to the Parent. All determinations of Funxool with respect to a refund shall be final and binding on the Parent and Teacher.

Limited Payment Collections Agent: Each Teacher appoints Funxool as the Teacher’s limited payment collection agent solely for the purpose of accepting the Enrollment Fees from Parent.

Consent for Background Check

FunXool LLC and/or its agents are authorized to make investigations of my background, character, consumer reports, education and criminal history record information which may be in any state or local files, including those maintained by both public and private organizations, and all public records, for the purpose of confirming the information contained to teach on our platform. I hereby consent that the information entered is accurate, and any misrepresentations or failure to clear the background check will be sufficient for rejection of my application to become a tutor. In the event, that my background check does not clear, FunXool LLC will not post my camp or tutoring lesson on their website.

 
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