1. By “you” we mean a parent or legal guardian of a student attending classes available on the Service.
2. By “unused class” we mean a paid class that is not scheduled by the student.
3. By “missed class” (or “NO SHOW”) we mean a scheduled class that was missed by the student.
General Payment Rules
4. All the payments on the Service are made in U.S. Dollars. Your bank converts your local currency to U.S. Dollars automatically upon payment and may take the commission for this conversion or some extra fees for the transaction.
5. At the moment, our payment processor is Stripe, but it is possible that we will engage other payment processors for your convenience.
6. No services are available without payment, except for trial class that is provided on a free of charge basis. You may be withdrawn from any program available on the Website if all due payments are not paid by you in accordance with the conditions of programs you use on the Website.
7. Users may gain access to the Service and to a particular program upon purchasing one or more of the Classes Packages. The Service may provide Users with several options how the Classes Packages can be purchased.
7.1. Full payment in advance
The Service may provide Users with a possibility of purchasing one or more of the Classes Packages with a full pre-payment by the User (i.e., purchasing a Class Package with a single transaction covering the whole price of the Class Package, which is paid in advance, before the User receives access to the Class Package) on the terms and based on the pricing conditions available to the User at the moment of the purchase.
7.2. Installment payments
The Service may provide Users with a possibility of buying Classes Packages using an installment payments option. Under such an option the whole sum of the chosen Classes Package is divided into several installments of equal value, which are covered by the User over a fixed period of time at the defined time intervals, with the first installment paid by the User at the moment of purchasing the Classes Package. All subsequent installment payments are processed and charged from the User’s account automatically on the specific pre-determined dates. No additional charges are imposed upon the Users by the Service for the use of option with installment payments. Installment payments offered by the Service are not and shall not be viewed as a subscription. After the payment of the last installment, no further charges to the User are made. In case the User would like to purchase a new Classes Package, it should be done separately and independently. In case the Service cannot receive a payment of one of the subsequent installment payments from the User, the Service notifies the User using the available communication methods and suspends access of the User to the Classes Package.
8. We may provide, modify, or terminate discounts, special offer purchases and promotions to the Users according to the conditions determined and introduced solely by us.
General Refund Rules
9. We issue refunds only in accordance with this Policy.
10. If you have violated our Terms of Service in any manner, we have a right to decline your refund requests.
11. We do not issue refunds automatically. Refunds are provided only upon your request.
12. A refund may be provided for the unused classes that were paid for in accordance with conditions of the chosen Classes Package and as per the General Payment Rules laid down hereinbefore.
13. If a student purchases a Classes Package with installment payments, as per item 7.2. of this Policy, they may request a refund for the unused classes that have already been paid for by the student under the installment payment plan.
14. Furthermore, if a student purchases a Classes Package with installment payments, as per item 7.2. of this Policy, they may request to cancel further installment payments, which are scheduled as per the originally agreed timeline of the installments payments for the chosen Classes Package. In this case, the student will be entitled to schedule and attend the classes they have already paid for.
15. If there are unused classes on your balance during 90 (ninety) calendar days after the last used classes in the purchased Classes Package and if during this period at least one class from this Classes Package is not used, such unused classes are deemed to be used. We do not provide any refund for such unused classes. In this case, your balance is deducted with the number of unused classes from the respective Classes Package.
16. If we cancel or terminate an entire program of classes available at the Website for any reason at our own discretion, we provide the respective refund for the purchased Classes Packages with such a program excluding fees that are non-refundable in accordance with these Terms.
Rescheduling and Delays of Classes
17. The class may be rescheduled without any refund if you give us a prior written notice no less than 24 hours before the scheduled class.
18. If the student is late for a class, the time of lateness shall be deducted from the 60-minute time allocated for the class without any refund.
19. If the student has not joined the class within 10 minutes of the scheduled start time, the class may be canceled without any refund. A missed class shall be treated as fully chargeable. No refunds, replacements or any other returns shall be provided for a missed class without regard to the reason the student has not attended a class.
Amount of Refund
20. Upon the request of the User, we may consider providing full or partial refund. The cost to be refunded shall be determined based on the number of classes on the balance. We shall also take into account any proportional discounts and reductions in the cost of classes resulting from bonus programs which have been used by him/her at the last payment when calculating the cost of the used classes to be deducted.
Terms of Refund
21. If we decide to provide you with refund, it may take no less than 5 (five) business days to receive it. We provide a refund in the same way as your original payment had been sent to us. We may request any additional information from you, as may be required, to process the refund.
22. If you want to cancel your class plan, please contact us at email [email protected].
Enrollment into Classes
23. In order to access the Company’s platform and its services, you may have to create an account in a Third-Party platform provider and disclose information including, but not limited to, (i) name, e-mail ID, and other contact information, (ii) gender and other demographics, (iii) birth date and year to validate the current age of the child, and (iv) your email address to acquire the parental consent. You must be at least 18 years old to register on the Platform.
24. If you are under 18 years old, you are not permitted to register on this site and/or platform unless such registration is completed by a parent or legal guardian. You acknowledge that your user ID and password is for your exclusive use only. Use or sharing of your user ID and password with another user or person is not permitted and is cause for immediate blocking of your access to the Platform, the Services and the content provided by the Company and may lead to termination of this Agreement without any notice. You are solely responsible for maintaining the confidentiality of your user ID and password and for all activities that occur under it. You agree to immediately notify the Company if you become aware of or have reason to believe that there is any unauthorized use of your Account on the platform. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with the Company in any investigation of such unauthorized uses. The Company shall not under any circumstances be held liable for any claims related to the use or misuse of your Account due to the activities of any third party outside of your control or due to your failure to maintain the confidentiality and security of your Account.
25. After the payment is made, you will receive an email with the link to create an account so as to enroll your Child into the Service purchased. You are responsible to create an account within 24h from the payment completion regardless when your classes start. After the registration is completed, the teacher and classes can be assigned via the Platform. The teacher will be selected according to your desired schedule and grade. If the registration is not completed within 24h, the Company cannot guarantee that the teacher and the time slot are available.
26. The class schedule and frequency are discussed and formalized upon the payment completion within 24h. The first class can be either conducted 36h after the payment completion at any time convenient for the Client or the Company can offer to conduct the first paid class on the same time and day as the date and time of the Free Class. The greatest delay between the payment completion and the first paid class is 1 week.
27. The first lesson will be scheduled to take place in no earlier than 36 hours from the payment completion date and time.
Rescheduling and Delays of Classes
28. A class may be rescheduled without any charges of credits purchased if you give the Company a prior written notice no less than 24 hours before the scheduled class. A missed class shall be treated as fully chargeable. No refunds, replacements or any other returns shall be provided for a missed class without regard to the reason the student did not attend the class. In order to postpone or cancel a class, the Client shall, 24 hours before the scheduled class, notify the Executor via SMS at +17246078448 or via email at [email protected]. The request will be reviewed within 12 h and a response will be provided to the client via either SMS or email. The client can cancel or reschedule up to 1 class in 4 classes. The class will be rescheduled based on the class schedule.
28.1. Note that the phone number +17246078448 can be used for SMS only and cannot be used for calls.
29. If the student is late for a class, the duration of lateness shall be deducted from the time allocated for the class without any refunds. If the student has not joined the class within 10 minutes of the scheduled start time, the class may be canceled without any refund.
30. Before the class the Client receives notification to their email about the upcoming class and has the sole responsibility to join the class on time.
31. If the Client does not show up to a class due to technical issues, the Company will arrange for a compensatory class if the Client has reached out to the Company at least 6 hours before the scheduled class. In case technical issues are experienced during or immediately before the class, the Company will arrange for a compensatory class, if the reported issue is found true and is validated by the Company.
32. If the class cannot be conducted due to technical issues on the Company’s side, the next class is scheduled at the school's expense and without any charges of the Client’s credits.
32.1. In this case, a paid lesson credit is not withdrawn, and the lesson schedule will be maintained and extended to accommodate one more lesson to be taken within the agreed schedule.
33. The teacher has the right to postpone or cancel a class (in case of illness and for other valid reasons). In this case, the Company will provide the Client with a voice call or an e-mail message at least twenty-four (24) hours in advance of the class being postponed or canceled. Brighterly has the right to consider the Client’s request to change the teacher if the teacher, in the opinion of the Client, reschedules classes too often.
34. If within five minutes of the scheduled time the class has not started because the teacher is not there, the Client must contact the Company via SMS at +17246078448 or via email at [email protected]. A class not held due to the fault of the teacher will be rescheduled to another time acceptable to the Client. If the teacher does not show up for the class, the next class is scheduled at the school's expense.
35. The starting time of the class is the starting time set in the Class Schedule of the Client. The Client is able to join the Class via the Platform or via the link provided in the notification email by clicking on the “Enter class” button. In order to start the Class, both the Teacher and the Student shall be present in the virtual classroom.
36. Only the presence of the Child is mandatory during Classes, however parents/guardians are recommended to be present at Classes for the first 4 or 5 Classes to help the Student to get familiar with the interface of the Platform as well as with the Teacher.
37. All the paid classes are being recorded for quality purposes. Recordings are not shared with any third parties.
38. A student transfer can happen under various circumstances, such as unavailability of time slots on the teacher’s side, request for change of teacher, discontinuation of classes by a teacher, teacher work pause, etc. The Company will inform the Client about the change of the teacher via email or by phone.
39. The Company may change a teacher on the Client's initiative, but no more than once per month. The Company reviews the request for change for 48 hours and may deny the change if the request is not found to have valid reasons. The Client has the right to replace the teacher by sending the request to the Company via SMS at +17246078448 or via email at [email protected] and provide the reason for replacement.
37.1. In case of a teacher change, the Company reserves the right to agree with the Client on a new schedule if the new teacher’s schedule cannot accommodate the schedule of the Client.
40. The Company does not define holidays and as such, no holiday can be availed by the student. Accordingly, the Company does not observe any holidays in the academic calendar.
41. Only the Client who purchased the package of 48 classes or more can freeze classes for 14 days, with the teacher and class time intact. To freeze the classes the Client has to inform the Company 24h before the nearest upcoming class via SMS or email. The mentioned possibility of freezing the classes by the User shall not impact the timeline of the installment payments, in case the User chose Installment payment option, as per clause 7.2. of this Policy.