Terms of Service - Brighterly.com

Terms of Service

Privacy Policy and Payment&Refund Policy are incorporated into these Terms by reference, as well as any other policies, which may be adopted or introduced by us from time to time.

Please note that these Terms contain class action waiver, arbitration, limitation of liability, and indemnity clauses.

Your access to and use of the services provided on the Website are conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and other parties who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you should stop accessing and using the Service.

Access to the Service

  1. By registering on the Website or contacting us through the Website, you represent that you are not a minor and legally entitled to contract under applicable law, and are not barred by any law, in any jurisdiction or bound by any agreement that restricts your right to accept the Terms or use the Website.
  2. In the event you are a minor as per applicable law, or if you are barred by any law, in any jurisdiction or bound by any agreement that restricts your right to access the Website, you may not register or contact us through the Website, however, your parents/ legal guardian may contact us on your behalf. If a minor has access to the Content, then such minor shall exercise access to and use of the Service upon permission and/or under supervision of his parent or legal guardian, subject to the Terms and Privacy Policy.

Use of Service

  1. Our Service is a platform that allows tutors to create and/or make available the Content (as defined below) and allows students to access that Content upon consent of their parents/ legal guardians who register their accounts on the Website for this purpose.
  2. You are allowed to access the Service for free during the Trial Period, to pay a fee for full access to the Service, to accept teaching practices provided on the Service, to inquire about your privacy, to inquire about further teaching plans in light of the Service that you paid for.
  3. After the Trial Period full access to the Service is provided only for a fee. We maintain the right to initiate special incentive pricing, membership, and other programs. These may be limited, at our sole discretion, to defined and limited students` parents or students. Any promotional monies or credits provided to the students` parents or students for use on the Service remain the property of the Service; they never become the property of students` parents or students and never become refundable to students` parents or students.

Term & Termination

  1. These Terms will take full force and effect when you access the Website and will remain in effect while you use the Website until your account is terminated for whatever reason.
  2. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to your violation of these Terms and/or misusing the Service in any manner. In case of funds paid for the Service, processing of such funds is subject to the Payment&Refund Policy.
  3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Content

  1. Our Service allows you access the curriculum and teaching practices that we offer for a fee, which is valid at the time of opening this Website and which can be altered at any time without previous warning (“Content”).
  2. We may, at any time and without having to serve any prior notice to you, upgrade, update, change, modify, or improve the Content or any part thereof in such manner as we may deem fit, and such upgrade, update, change, modification, or improvement shall be deemed to be applicable from the time it is posted. We also reserve the right to alter or remove any content from the Website without any notice and without any liability.
  3. All the intellectual property used on the Website (including the Content), made available by service providers or by any third party shall remain the property of the Service, service provider, or any other third party, as the case may be. The Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. The materials on the Website or otherwise shall not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

What You Are Not Allowed to Do with Content

  1. You are not allowed to access the Service in full without a fee after the Trial Period; share your log-in credentials or any kind of the Content with third parties; use the Service for any commercial or other purposes that are not expressly permitted herein; use, copy, mirror, frame, display the Website or any Content therefrom without our prior written consent; violate any other policies provided on this website; expect a refund for the whole or part of the Service after any kind of violation of these Terms; engage in any unlawful or disrespectful communication with other users of the Service, if such communication is taking place on the website, or any representatives of the Service; collect information on our Service using automated means or upload viruses or any other malware software.
  2. We prohibit any kind of Content that hosts, displays, uploads, modifies, transmits, updates, collects, stores, or shares any information that shall not be used without permission of any third party; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harms minors in any way; infringes any patent, trademark, copyright, or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly false, offensive, or menacing in nature; and impersonates or defames us or any other person.

Limitation of Liability

  1. In no event, including but not limited to negligence, shall the Service, or any of its directors, officers, employees, agents or content or service providers (hereinafter, collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials, and functions related thereto (including the Content), even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Website; any unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Website.
  2. In no event shall the total aggregate liability of the Protected Entities to a user for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms or a user’s use of the Website exceed, in the aggregate the amount paid by the user in the one (1) month period prior to the event giving rise to the liability.

Indemnity

You hereby agree to indemnify and hold harmless the Service, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website in any fraudulent manner; your enrolment or attending of any course or any loss, damage, injury, etc. arising thereto to any person or otherwise; violation of Terms and other policies; infringement, or infringement by any other user of your account with the Service; and infringement of any intellectual property or other rights of any person or entity. The Service will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND THIS SERVICE AGREE THAT YOU AND THIS SERVICE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

Dispute Resolution by Mandatory Binding Arbitration

  1. This Arbitration Agreement governs any dispute between you and the Service (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. However, (1) you may assert claims in small claims court if your claims qualify within the scope of your jurisdiction; and (2) you or the Service may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
  2. The relevant arbitrator shall have sole authority to determine applicability of the Arbitration Agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.
  3. Most disputes can be resolved without resort to arbitration. If you have any dispute with the Service, you agree that before taking any formal action, you will contact us, and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Service, and good faith negotiations will be a condition to either party initiating an arbitration.
  4. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services will be finally settled by binding arbitration before one arbitrator administered by:
    1. the London Court of International Arbitration (“LCIA”) if you are not a U.S. resident. Disputes are subject to the most current version of the LCIA Arbitration Rules when the notice of arbitration is submitted. Information about the LCIA’s rules can be found at https://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration.aspx; or
    2. JAMS if you are a U.S. resident. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.
  5. In each case the relevant arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the applicable arbitration rules and these Terms, these Terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.

    If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum.

  6. To start an arbitration, you must follow instructions available at:
    1. https://www.lcia.org/adr-services/lcia-notes-for-parties.aspx#5.%20COMMENCING%20AN%20LCIA%20ARBITRATION for LCIA; or
    2. https://www.jamsadr.com/submit/ for JAMS.
  7. If you are a consumer and you initiate arbitration, the only fee required to be paid is $250 and the other part of the filing fee (if any) will be borne by us. If the arbitrator finds the arbitration initiated by you to be non-frivolous and/or not in bad faith, all other arbitration costs will be borne by the Service. If the Service initiates arbitration against you and you are a consumer, the Service will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
  8. Should either party bring a dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this Arbitration Agreement.
  9. The arbitrator must be neutral, and you will have a reasonable opportunity to participate in the process of choosing the arbitrator.
  10. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer, you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by the administrator of arbitration or by the arbitrator.
  11. If you are a consumer, remedies that would otherwise be available to you under applicable laws will remain available under this Arbitration Agreement, unless you retain the right to pursue such remedies in court as per this Agreement.
  12. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim.
  13. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
  14. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
  15. The arbitrator shall apply:
    1. if you are not a U.S. resident, the laws of England and Wales (also known as English Law), without regard to English Law’s conflict of laws rules; or
    2. if you are a U.S. resident, Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
  16. An arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
  17. The arbitration award shall be final and binding on the parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
  18. THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES. NEITHER YOU NOR THE SERVICE AGREES TO ANY ARBITRATION ON A CLASS BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH A BASIS. A PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS PROCEEDING. UNDER THE ARBITRATION AGREEMENT, ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTIES CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
  19. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
  20. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in court with jurisdiction or in other relevant state authority to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
  21. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending electronic notice of your decision to opt out to our support with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within 30 days of (a) the effective date of these Terms; or (b) your first date that you used the Service that contained any versions of the Terms that substantially included this version of the Arbitration Agreement (including class action waiver), whichever is later. Otherwise you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of this Arbitration Agreement, the Service also will not be bound by it.
  22. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with these Terms.
  23. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court in accordance with Section 19.a “Governing Law and Venue,” and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.

    This Arbitration Agreement will survive any termination of your use of the Service.

Links To Other Web Sites

  1. Our Service may contain links to third-party websites or services that are not owned or controlled by us.
  2. The Service has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms, please contact us via email: [email protected]