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TERMS OF SERVICE

Welcome to Lummie, an online platform operated by LUMMIE d.o.o., Cesta na Ostrožno 85c, 3000 Celje, Slovenia (hereafter “us” “we” or “LUMMIE”) connecting students (“Students”) with independent instruction providers (hereafter “Teachers”). We are not providers of lessons, we only connect our LUMMIE Students with our LUMMIE teachers. Our LUMMIE website is provided solely to assist our customers in gathering information, posting opinions of related issues and engaging in interactive purposes.

1. ACCEPTANCE OF TERMS OF SERVICE AGREEMENT.

This Agreement is an electronic contract that sets out the legally binding terms of your use of Lummi-e.com website and studentship in the LUMMIE community. This Agreement includes our Privacy Policy, Student and Teacher Policies described in Help & FAQ, our billing policies and any further terms of use on the Website, which are all incorporated herein by reference. This Agreement may be modified by us from time to time; such modifications to be effective when provided in writing or upon posting on the Website or in any Member account. If you wish to use the LUMMIE website, any of our services or become a member of LUMMIE community you must read, comply with and agree to be bound by the terms of this agreement. If you object to anything in this Agreement, including the LUMMIE Privacy Policy (www.lummi-e.com/Privacy-Policy/), do not use our website or the services provided by LUMMIE.

2. STUDENTSHIP

If you choose to sign up to our services, then you become a member of LUMMIE for the duration of your studentship with us. This Agreement, together with the terms of your registration agreement, will govern your relationship with us and your use of our services during the duration of your studentship. We reserve the right to suspend or terminate your LUMMIE Account and your access to the Website for any reason.

3. ELIGIBILITY

Any access to or use of the Services by anyone under the age of maturity is expressly prohibited and requires consent to this Agreement by a parent or legal guardian. By accessing or using the Website and/or Service, you represent and warrant to us that you are either a legal adult or, if under the age of maturity, have obtained proper consent from a parent or legal guardian for your use of the Website, Service and this Agreement. If you access the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

4. CHANGES TO TERMS

These Terms, including the Privacy Policy, are subject to change by LUMMIE at any time. We will notify you about significant changes in these Terms by sending a notice to the e-mail address registered to your account, or by placing a prominent notice on our website, so that you can choose whether or not to continue using our services. Significant changes will go into effect no less than 30 days after we notify you. Any use of the site or the services by you after the effective date of any changes will constitute your acceptance of such changes. In addition, by accessing the website or becoming a member (if applicable), you consent to have this agreement provided to you in electronic form.

5. SOCIAL NETWORKING SERVICES

By granting LUMMIE access to any social network accounts (Facebook, Google+ or other), you understand that LUMMIE will access, make available and store (if applicable) any texts, graphics, images, music, software, audio, video, information or other materials that you have provided to and stored within your social network account, so that it is available on and through the website and services via your LUMMIE account, unless otherwise specified in these Terms of Service. Depending on the social network accounts you choose, and subject to the privacy settings that you have set in such social network accounts, personally identifiable information that you post to your social network accounts will be available on and through your LUMMIE account on the website and services. Please note that if a social network account or associated service becomes unavailable on LUMMIE or access to such social network account is terminated by the third party service provider, then the social network content will no longer be available on and through the lummi-e.com website and services. Please note that your relationship with the third party service providers associated with your social network accounts is governed solely by your agreement(s) with such third party service providers.

6. RESPONSIBILITY OF COMMUNITY STUDENTS AND OUR WEBSITE

As a LUMMIE Student, Teacher or any other guest on our website, you must be aware that: Each LUMMIE student can write comments, review LUMMIE teachers and post other content on our website or through other LUMMIE online channels. We prohibit any insulting or hostile talk about a third party. To enable equality to each Lummie member, LUMMIE teachers can also reply to comments. In the event that someone publishes controversial content or links to such content (political, pornographic etc.) on the LUMMIE website, or our other online channels, such content or link will be immediately removed. If we are aware that such content has been published, we retain the right to remove it from the LUMMIE website or any other online channels of our website without warning. We reserve the right to delete any content or your account at any time without giving any reason.

7. OWNERSHIP

The website, services, and website content are protected by the copyright and trademark. You acknowledge and agree that the website, services and website content (including all associated intellectual property rights) are the exclusive property of LUMMIE. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the website, services, or website content.

8. MEMBER CONTENT

As a LUMMIE Member, you may be able to post content on the Website, including uploading photos and providing reviews of LUMMIE teachers. You acknowledge and agree that you are solely responsible for all the content that you make available through LUMMIE website and services.

9. TAXES

All LUMMIE members understand and agree that they are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors.

10. CANCELLATION POLICY

We understand that sometimes circumstances arise that force a student to cancel an already booked lesson. The cancellation is to be done following the Cancelation Policy determined by the teacher himself and is usually given in the profile or listing o an individual teacher.

11. MINIMUM QUALITY STANDARDS

You acknowledge and agree that you are solely responsible for all subjects in your account. If you are a Teacher at LUMMIE, and you make yourself available as a teacher for a particular subject, you are liable to each student that hired you for the lesson. The minimum standard you need to ensure is health and safety of the LUMMIE student.

12. PRICING

The system is for students free of charge for registration and use. Teachers have to for registration and platform usage select and pay for the price of the selected package (see table under FAQ/Payment, point 4). The student will, as agreed with the teacher (before/after a lesson/s) pay the final price for reserved lessons/s.

13. PRIVACY

LUMMIE will only use the information you provide on the website in accordance with our Privacy Policy. For more information, see our full Privacy Policy.

14. LINKS TO EXTERNAL SITES

Links from the website to external sites (including external sites that are framed by LUMMIE) or inclusion of advertisements do not constitute an endorsement by LUMMIE of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. LUMMIE does not control such sites and is not responsible for their content. Just because LUMMIE has hyperlinks to such sites does not mean that LUMMIE endorses any of the material on such sites or has any association with their operators. Users further acknowledge that the use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by LUMMIE Terms and Privacy Policy. LUMMIE expressly disclaims any liability derived from the use and/or viewing of links that may appear on other websites.

15. CONTACTING LUMMIE

If you have any questions or comments about these Terms, please contact LUMMIE at ask@lummi-e.com

16. OUR RESPONSIBILITY

LUMMIE allows students to find teacher for lessons through the our website. Before booking a teacher, student has several options to verify the teaching experience of the selected teacher. LUMMIE is not liable in any way for the satisfaction of a Teacher or a Member. LUMMIE is not responsible for any damage incurred before, during or after completion of the lesson. Under no circumstances will LUMMIE be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service. LUMMIE does not verify the quality of the Teacher or the results upon completion of the lesson. LUMMIE has not inspected and is not responsible for the location where any instruction will be provided. LUMMIE does not verify any additional costs and is not liable for any additional costs incurred. LUMMIE is not responsible for the cancellation of the booked lessons due to bad weather. Please contact us at ask@lummi-e.com with any questions regarding this Agreement.

These Lummie Teacher Terms & Conditions were last updated June 25, 2017. If you are a Teacher, these Lummie Teacher Terms & Conditions (the “Teacher Terms”) contain the terms and conditions of Your participation as Teacher via Lummie’s Services. This is a binding agreement between you and Lummie and is incorporated by reference into Lummie’s Terms of Use (“Terms of Use”). Any version of these Teacher Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

1. Agreement

As teacher you are contracting directly with Lummie, podjetje za spletne storitve, d. o.o., a company in Slovenia, EU. Additionally, although we may utilize other Lummie subsidiaries to facilitate Your payments, Your contract remains between You and Lummie, podjetje za spletne storitve, d. o. o.

2. Your Relationship with Students

Teachers do not have a direct contractual relationship with Students. The only information You will receive about Students is what is provided to You through the Services (“Student Related Data”). You understand and agree that You will indemnify Lummie for any issues arising out of Your use of any Student Related Data.

3. Obligations

As teacher, You represent, warrant, and covenant that:

  • 1. You will visit Lummie and complete the Teacher enrollment form.
  • 2. You will be responsible for all of Your Submitted Content. You further agree that You own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize Lummie, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of your submitted content on and through the Services in the manner contemplated by these Teacher Terms;
  • 3. No Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
  • 4. You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on Your Course and through the Services;
  • 5. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
  • 6. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services or to any User
  • 7. You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Students.
  • 8. You will not engage in any activity that will require Lummie to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings
  • 9. You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Services or operations thereof, except as permitted in these Teacher Terms
  • 10. You will not frame or embed the Services in a manner to embed a free coupon version of your course or other similar functionality intended to circumvent the Services
  • 11. You will not impersonate another person or gain unauthorized access to another persons Account
  • 12. Your use of the Services are subject to Lummies approval, which We may grant or deny in Our sole discretion
  • 13. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services
  • 14. You will not interfere with or otherwise prevent other Teachers from providing their services or Courses
  • 15. You will maintain accurate Account information
  • 16. You shall respond promptly to Students and ensure a quality of service commensurate with the standards of Your industry and instruction services in general
  • 17. You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these Teacher Terms, as well as all other of Our terms and policies as shall be posted on Our Services from time to time, and will assume responsibility and liability for Your performance and compliance hereunder.

4. Lummie licences

You hereby grant Lummie a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content through the Services, and sublicense it to Users for these purposes directly or through third parties. For more information on how we may use Submitted Content please visit Our Privacy Policy. Notwithstanding the foregoing, and subject to the Teacher Terms, if you are an Teacher, unless specifically stated otherwise, You have the right to remove all or any portion of Your Submitted Content from the Services at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new Users, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users. You hereby agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Services. You hereby grant Lummie permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.

5. Trust & Safety

By agreeing to these Teacher Terms, You also agree to abide by the Trust & Safety policies, the list of restricted topics found here. Please check both periodically as there will be minor changes made to the policies and restricted list from time to time. Lummie reserves the right to remove Courses and Teachers at its sole discretion, as described in Our Terms of Use.

6. Restricted Persons We Cannot Do Business With

You hereby warrant that You are not a Restricted Person ("Restricted Person"). If You become a Restricted Person during the term of these Teacher Terms, You shall notify Lummie within twenty-four (24) hours, and Lummie shall have the right to terminate any further obligations to You, effective immediately and with no further liability to You, but without prejudice to Your outstanding obligations to Lummie. You agree that You shall not utilize the Services to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

7. Pricing

As teacher you will at the beginning decide to choose one among three Lummie packages. You can pay for a monthly or a yearly package. For more information, see table under FAQ/Payments, point 4. As part of Your participation on Lummie, You give Us permission to share information about You and your course/s.

8. Refunds

As teacher you acknowledge and agree that students have the right to receive a refund of the amount paid if lessons were not conducted by your fault. In this case you have to reimburse the money paid. In so far as you refuse to do so, you will be notified about further consequences.

9. Taxes

You understand and agree that You are responsible for any taxes on Your income. We reserve the right to withhold payment if we do not receive proper tax documentation. With regard to sales tax on the sale of Your Courses, the following applies:

1. European Union

In the event that the sale or delivery of a Course or any Submitted Content to any Student in the European Union is subject to any value added tax ("VAT"), under applicable law, Lummie will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in the European Union. Lummie may at its Own discretion increase the Sale Price where Lummie is of the view that VAT may be due and Lummie will have a liability to account for such. You will indemnify and hold Lummie harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon on Your Teacher Revenue or otherwise.

2. All Other Countries

For sales of any Courses or Submitted Content in countries other than the European Union, South Korea and Japan, You are responsible for following the requirements of the appropriate taxing authority related to sales tax on Your Courses (which may be different to the tax authority in Your own location). Lummie is unable to provide You with tax advice and You should consult Your own tax advisor.

10. Acount deactivation

If You wish to delete Your Teacher Account, You may do so by following the steps provided in the following Teacher instruction page. We will use commercially reasonable efforts make any remaining scheduled payments due and owing to You prior to deleting Your Account. You hereby understand and agree that if Student(s) have previously enrolled to Your Course(s), after Your Account has been deleted Your name and such Course(s) will remain accessible to those such Students who enrolled to Your Course(s). Should You require any assistance or encounter any difficulty in deleting Your Teacher Account You may also contact Us via email at help@lummi-e.com or via our and We will make commercially reasonable efforts to respond to Your request within 24 hours.

11. Modifications to These Teacher Terms

From time to time, We may update these Teacher Terms to clarify our practices or to reflect new or different practices, such as when We add new features, and Lummie reserves the right to modify and/or make changes to these Teacher Terms at any time. If We make any material change We will notify You using prominent means such as by email notice sent to the email address specified in Your Account or by posting a notice on Our Services. Other modifications will become effective on the day they are posted unless stated otherwise. If You continue to use the Services, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Teacher Terms as changed. The revised Teacher Terms supersedes all previous Teacher Terms.

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