Welcome
to Yocolab. We thank you for visiting our website.
When
you use our services, you're agreeing to our terms. So please take a few
minutes to read over the below mentioned Terms and Conditions before using our
website (www.yocolab.com).
IF
YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS,
PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF
THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR
CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
These
Terms and Conditions of Service and Use of our (the “Terms and
Conditions“) are hereby made effective or “we” or “us”
or “our“), and, without waiving or otherwise releasing any right or
obligation under any prior terms and conditions of the use of Yocolab, hereby amend
and restate any such prior terms and conditions.
In
consideration of each member or user’s (each, a “customer” or
“you“) access to and use of the Site, we require every members and user
to act with integrity, to our rules for the
Site,
and to abide by these Terms and Conditions and each other rule, regulation or other
policy of Yocolab.
SECTION 1 -
ACCEPTENCE OF TERMS
By
clicking “I AGREE” and/or using or accessing our services and this
website, you hereby agree,
(a)
that you have received, read and understood these Terms and Conditions, and that
these Terms and Conditions create a valid and binding agreement, enforceable against
you in accordance with the terms hereof,
(b)
to be bound by these Terms and Conditions, any terms, conditions or other rules,
regulations or policies of Yocolab, as each may be amended or supplemented from time
to time in our sole discretion without notice, and
(c)
that your use of our digital services and our website shall comply with all
applicable federal, state and local laws, rules or regulations, and that you are
solely responsible for your compliance with, familiarity with and understanding of
any such laws, rules or regulations applicable to your use of the Site. If you
do not agree with any portion of these Terms and Conditions, you are prohibited from
using or accessing our services.
SECTION
2- PROPRIETARY RIGHTS
As
between you and us, we own, solely and exclusively, all rights, title and interest
in and to the Site, all the content (including, for example, audio, photographs,
illustrations, graphics, other visuals, video and copy), software, code, data, and
the look and feel, design and organization of the Site, and all materials and
content related to our programs even if the materials or content are not accessed
through the Site. Your use of the Site does not grant to you ownership of any
content, software, code, data or materials you may access on the Site.
SECTION
3 - GUIDLINES FOR INSTRUCTORS
An
Instructor warrants that;
(a)he/she has the necessary qualifications and/or
experience to conduct classes in the subjects specified by the Instructor on the
Yocolab website;
(c) his/her profile and subject information provided on
the Yocolab website is up to date, accurate and truthful; and
(d)he/she has
the legal right to work on a self-employed basis.
- An
Instructor is responsible for the prices quoted for his services on the Yocolab
website.
- Instructor
takes full responsibility for all information that he/she provides on the
Yocolab website and must indemnify Yocolab in relation to any liability incurred
by Yocolab as a result of such information.
- An
Instructor shall indemnify Yocolab for all claims and liabilities arising out of
any use by the Instructor of the Yocolab website, including any associated costs
and expenses incurred, whether direct or indirect.
- An
Instructor must contact a Student through the Yocolab website. Any other means
of communication is prohibited.
- An
Instructor must not be in any way be abusive about a Student on the Yocolab
website or any other place.
- An
Instructor must ensure that he completes full duration of the scheduled class.
In case of any complaints/concerns by students related to early termination of
the class, Yocolab reserves the right to withhold Instructor payouts and charge
cancellation penalty to the instructor.
- An
Instructor is not an employee of Yocolab and accepts full responsibility for all
Income Tax, National Insurance and other liabilities arising from use of the
Yocolab.
- All
information provided by an Instructor on the Yocolab website must be accurate
and kept up-to-date. This includes a correct name, address, telephone number and
qualification/experience details. Details entered by the Instructor on the
Yocolab will be publicly visible and may also appear in search engine
results.
- Use
of the Yocolab website is entirely at Instructor's own risk. An Instructor
must exercise complete caution when using the Yocolab website and entering into
any agreements to provide online classes to students.
- An
Instructor will be paid for his classes via Yocolab website. Any other means of
payments is prohibited.
SECTION
4 - GUIDELINES FOR STUDENTS
- A
Student who is under 18 years of age must have consent from a parent or a
guardian to register on Yocolab website. It is the responsibility of that
parent/guardian to check the credentials of the Instructor. Yocolab is not
responsible for any disputes regarding parental consent or any problems that a
Student or a parent/guardian has experienced with an Instructor.
- A
Student must contact an Instructor through the Yocolab Website. Any other means
of communication is prohibited.
- A
Student agrees not to use Yocolab to advertise, promote or search for tuition
services for their own company, nor may an agency acting for a company register
to promote their services or opportunities.
- A
Student cannot act as an agent to promote the services or opportunities of a
company.
- A
Student must not publish any abusive comments about an Instructor or another
Student on the Yocolab website or any other place. This includes defamatory or
derogatory comments.
- A
Student must use his/her own judgment about the services of Instructors detailed
on the Website. Students are responsible for checking the credentials,
expertise, references and qualifications of any Instructor with whom they
confirm their purchase.
SECTION
5 - GUIDELINE FOR USERS AND MEMBERS
Members
must not use the Yocolab website for illegal, unlawful or prohibited purposes. This
includes sending or posting junk e-mail or spam, publishing misleading, defamatory,
indecent, obscene or advertising material, or send viruses and worms.
Members
must not impersonate any other person or entity or to use a false name or a name
that they have no authority to use.
Members
must not post material to the Yocolab website in which the copyright or intellectual
property is or may be the property of another person or body.
SECTION
6 - LIMITED LICENSE
You
may access and view the content on the Site on your computer or other internet
compatible device, and make single copies or prints of the content on the Site for
your personal, non-commercial use only. To the extent you need to download software
or documentation to use the products or services on the Site, we grant you a
limited, non-assignable, non-transferable, revocable license to use such materials
solely to utilize such products or services. Such license will terminate when you no
longer use the products or services.
SECTION
7 - REGISTRATION INFORMATION
You
may be required to provide information about yourself in order to register for
and/or use certain Services. You agree that any such information shall be accurate.
You may also be asked to choose a user name and password. You are entirely
responsible for maintaining the security of your user name and password and agree
not to disclose such to any third party.
SECTION
8 - PROHIBITED USE
You
agree that You will not use, and will not permit any end user to use, the Services
to: (i) modify, disassemble, decompile, prepare derivative works of, reverse
engineer or otherwise attempt to gain access to the source code of the Services;
(ii) knowingly or negligently use the Services in a way that abuses, interferes
with, or disrupts Yocolab’s networks, Your accounts, or the Services; (iii)
engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit
through the Services any material that may infringe the intellectual property or
other rights of third parties; (v) build or benchmark a competitive product or
service, or copy any features, functions or graphics of the Services; or (vi) use
the Services to communicate any message or material that is harassing, libelous,
threatening, obscene, indecent, would violate the intellectual property rights of
any party or is otherwise unlawful, that would give rise to civil liability, or that
constitutes or encourages conduct that could constitute a criminal offense, under
any applicable law or regulation; (vii) upload or transmit any software,
Content or code that does or is intended to harm, disable, destroy or adversely
affect performance of the Services in any way or which does or is intended to harm
or extract information or data from other hardware, software or networks of Yocolab
or other users of Services; (viii) engage in any activity or use the Services in any
manner that could damage, disable, overburden, impair or otherwise interfere with or
disrupt the Services, or any servers or networks connected to the Services or
Yocolab's security systems. (ix) use the Services in violation of any Yocolab
policy or in a manner that violates applicable law, including but not limited to
anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws
requiring the consent of subjects of audio and video recordings, and You agree that
You are solely responsible for compliance with all such laws and regulations.
SECTION
9 - LIMITATIONS ON USE
You
may not reproduce, resell, or distribute the Services or any reports or data
generated by the Services for any purpose unless you have been specifically
permitted to do so under a separate agreement with Yocolab. You may not offer or
enable any third parties to use the Services purchased by You, display on any
website or otherwise publish the Services or any Content obtained from a Service
(other than Content created by You) or otherwise generate income from the Services
or use the Services for the development, production or marketing of a service or
product substantially similar to the Services.
SECTION
10 – RECORDING CONSENT
You
agree that we may record all or any part of any live online classes and sessions
(including voice chat communications and videos) for quality control and other
purposes. You agree that we own all transcripts and recordings of such sessions, and
you hereby irrevocably assign to us all rights in all such transcripts and
recordings. If you do not want your videos to be recorded by Yocolab, it will be
your responsibility to keep your videos/audio turned off during the session. Yocolab
may use such videos to be advertised again on the platform and may give access to
other students on the Site. In addition, these videos will be available by default
for all students who were part of this particular class and can be accessible at any
time on Yocolab.
SECTION
11 – USER CONTENT
You
represent and warrant that:
(1)you
own all rights in and to your User Content and Name and/or Likeness and/or have
obtained appropriate rights and permissions from any and all other persons and/or
entities who own, manage or otherwise claim any rights with respect to such User
Content and Name and/or Likeness, such that you have all necessary licenses, rights,
consents and permissions to publish the User Content and Name and/or Likeness and to
grant the rights granted herein, including permission from all person(s) appearing
and/or performing in your User Content;
(2)
the Licensed Parties’ use of your User Content and Name and/or Likeness as
described herein will not violate the rights of any third party, or any law, rule or
regulation, including but not limited to consumer protection, copyright, trademark,
patent, trade secret, privacy, publicity, moral, proprietary or other rights and
laws;
(3)the
User Content and Name is not confidential, libelous, defamatory, obscene,
pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or
otherwise unlawful; and
You
hereby fully release, discharge and agree to hold the Licensed Parties, and any
person or entity acting on their behalf, harmless from any liability related in any
way to the Licensed Parties’ use of your User Content and your Name and/or
Likeness.
Certain
features of our website (including but not limited to creating video, audio clip or
tutorial) may allow you to publish or send content that can be viewed by others
(“User Content”). You agree that Yocolab is not liable for User Content
that is provided by others. Yocolab has no duty to pre-screen User Generated
Content. You agree and acknowledge that Yocolab has no control over and assumes no
responsibility for the User Content and by using the Yocolab Platform, you expressly
relieve Yocolab from any and all liability arising from the User Content.
SECTION
12 - EXTERNAL
LINKS
You
may be able to link from the Site to third party websites and third party websites
may link to the Site ("Linked Sites"). You acknowledge and agree that we
have no responsibility for the content, products, services, advertising or other
materials which may be provided by or through Linked Sites, even if they are owned
or run by our affiliates. Links to Linked Sites do not constitute an endorsement or
sponsorship by us of such websites or the information, content, products, services,
advertising, code or other materials presented on or through such websites. Any
reliance on the contents of a third party website is done at your own risk and you
assume all responsibilities and consequences resulting from such reliance.
SECTION
13 - INDEMNIFICATION
You
agree to defend, indemnify and hold Yocolab and it’s directors, officers,
employees and agents harmless from any and all claims, liabilities, costs and
expenses, including reasonable attorneys' fees, arising in any way from any
content or other material you place on the Site or submit to us, or your breach or
violation of the law or of these Terms and Conditions. Yocolab reserves the right,
at our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in such case, you agree to
cooperate with our defense of such claim.
SECTION
14 - USING OUR SERVICES
(a)
Our Student Enrollment Agreement Terms and Conditions set forth additional terms
applicable to certain services you may purchase on the Site.
(b)
To ensure smooth virtual sessions, you may require multiple compatible devices, high
speed internet access. You are solely responsible for all computer hardware and
other equipment and all fees for services (such as internet service and wireless
services) required for access and use of our online classes. You may regularly need
to update our applications to use our services. You acknowledge and agree that such
system requirements, which may be changed from time to time, are your responsibility
and are to be procured at your own cost.
SECTION 15 - REFUNDS & CANCELLATIONS
Yocolab
has defined policies for refunds and cancellations for our instructors and students.
Cancellations without prior notice will trigger penalties. It also depends on a
cancellation done 24 hours prior to the scheduled start class or within 24 hours of
scheduled start class. For more details, please refer to our Refunds & Cancellation
Policy.
SECTION
16 - DISCLAIMER OF WARRANTIES
(a)
THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS
AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE, IS PROVIDED "AS IS,"
"AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS,
AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY
DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO
RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY
INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR
ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF
YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE
SITE.
(b)
WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD
PARTY CONTENT ON THE SITE OR ANY VERIFICATION SERVICES DONE ON OUR INSTRUCTORS OR
INSTRUCTORS, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY INSTRUCTOR OR
INSTRUCTOR OR ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE
RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON
INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.
SECTION
17 - LIMITATION OF LIABILITY
IN NO
EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING INSTRUCTORS
AND INSTRUCTORS) (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR
ANY 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 SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED
TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST
SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
SECTION
18 - TERMINATION
We
may terminate, change, suspend or discontinue any aspect of the Site or the
Site's products or services at any time. We may restrict, suspend or terminate
your access to the Site and/or its products or services if we believe you are in
breach of these Terms and Conditions or applicable law, you are a repeat infringer
of intellectual property rights, or for any other reason without notice or
liability.
SECTION
19 - MODIFICATIONS
We
reserve the right, at our sole discretion, to modify any portion of these Terms and
Conditions at any time. Changes in these Terms and Conditions will be effective when
posted. Your continued use of the Site and/or the products or services offered on or
through the Site after any changes to these Terms and Conditions are posted will be
considered acceptance of those changes.
SECTION
20 - COMMUNICATION
If
you provide us your email address, you agree and consent to receive email messages
from us. These emails may be transactional or relationship communications relating
to the products or services we offer, such as administrative notices and service
announcements or changes, or emails containing commercial offers, promotions or
special offers from us.
SECTION 21 -
WAIVERS
Our
failure to act with respect to a breach of these Terms and Conditions by you or
others does not waive our right to act with respect to that breach or subsequent
similar or other breaches.
SECTION 22 - FORCE MAJEURE
Neither
party hereto shall be responsible for delays or failures in performance resulting
from acts beyond its reasonable control and without its fault or negligence. Such
excusable delays or failures may be caused by, among other things, strikes,
lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and
similar occurrences.
SECTION 23 - GOVERNING LAW AND JURISDICTION
These
Terms and Conditions will be governed by and construed in accordance with Singapore
law, and the courts of Singapore will have non-exclusive jurisdiction to adjudicate
any dispute arising under or in relation to these terms of sale.
Any
claim, action, lawsuit or proceeding arising out of or related to this website and
the services and products provided, shall be instituted exclusively in the federal
courts of the Singapore and the user hereof irrevocably submits to the exclusive
jurisdiction of such courts in any claim, action, lawsuit or proceeding, and waives
any objection based on improper venue.
SECTION 24 – COMMISSIONS
Yocolab
reserves full rights to charge commission for each class posted by the instructor.
More details on commissions are available here. Yocolab will manage,
maintain & support the platform with help of these commissions. Yocolab reserves
full rights to charge transaction fee to its students for every session registered
by students.
SECTION 25
-COPYRIGHT
Copyright
© 2020 “Yocolab”. All rights reserved. All materials presented on
this site are copyrighted and owned by us, or other individuals or entities as
designated. Any republication, retransmission, reproduction, downloading, storing or
distribution of all or part of any materials found on this site is expressly
prohibited.
SECTION 25 - CONTACT
For
more information regarding our Terms and Conditions, please send us an email at:
[email protected]