The following Terms of Service constitute a legally binding agreement (the “Agreement”) between Telmeeth LLC., a company with its office at King Abdullah Road, Al Fath, Madina 42312, Saudi Arabia (Registration number 4650199771), and you (“you”). (“Telmeeth”, “we”, “us” or “our”), by which expression includes our legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”).
This Agreement governs your use of the Telmeeth application, website, call center and technology platform (collectively, the “Telmeeth Platform”) for the purpose of providing education provider services and teaching services (collectively, the “Teaching Services”) as a Telmeeth teacher (a “Telmeeth Teacher”) to the users (“Users”) who will book a lesson either book it as now ( direct booking for having the lesson now) or booking a future lesson ( scheduled lesson), in either Teacher location or Student location (a “lesson”) will be via the Telmeeth Platform. In many jurisdictions, the right to operate the Telmeeth Platform is licensed by Telmeeth LLC. to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the Telmeeth Platform as a Telmeeth teacher in your jurisdiction. Where there is no Affiliate in your jurisdiction but the use of the Telmeeth Platform is available to you, the right to access and use of the Telmeeth Platform will be provided to you by Telmeeth Networks LLC.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE TELMEETH PLATFORM.
Your access and use of the Telmeeth Platform as a Telmeeth Teacher constitutes your consent to be bound by this Agreement, which establishes a contractual relationship between you and Telmeeth. If you do not consent this Agreement, you may not be able to access or use the Telmeeth Platform or provide teaching Services as a Telmeeth teacher. This Agreement expressly supersedes prior agreements or arrangements with you. Telmeeth may immediately terminate this Agreement with respect to you, or generally, cease offering or deny access to the Telmeeth Platform or any portion, at any time and for any reason.
Telmeeth may amend this Agreement from time to time. Amendments will be effective upon Telmeeth’s posting of such updated Agreement at this location. Your continued access or use of the Telmeeth Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
The Telmeeth Platform
YOU ACKNOWLEDGE THAT: NEITHER TELMEETH NOR ITS AFFILIATES PROVIDE EDUCATION SERVICES OR FUNCTION AS A TEACHING LESSONS AND THAT ALL SUCH EDUCATION SERVICES OR TEACHING SERVICES ARE PROVIDED BY YOU AS AN INDEPENDENT THIRD PARTY CONTRACTOR WHO IS NOT EMPLOYED BY TELMEETH OR ANY OF ITS AFFILIATES.
Subject to your compliance with this Agreement, Telmeeth grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to (i) access and use the Telmeeth Platform on your device solely to provide Teaching Services to Users; and (ii) access and use of any content, information and related materials that may be made available to you through the Telmeeth Platform, in each case solely to provide Teaching Services to Users. Any rights not expressly granted herein are reserved by Telmeeth and Telmeeth’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Telmeeth Platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Telmeeth Platform except as expressly permitted by Telmeeth; (iii) decompile, reverse engineer or disassemble the Telmeeth Platform except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Telmeeth Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Telmeeth Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Telmeeth Platform; or (vi)
attempt to gain unauthorized access to or impair any aspect of the Telmeeth Platform or its related systems or networks.
The Telmeeth Platform and all rights therein are and shall remain Telmeeth’s property or the property of Telmeeth’s licensors. Neither this Agreement nor your use of the Telmeeth Platform convey or grant to you any rights: (i) in or related to the Telmeeth Platform except for the limited license granted above; or (ii) to use or reference in any manner Telmeeth’s company names, logos, product and service names, trademarks or services marks or those of Telmeeth’s licensors.
Your Use of the Telmeeth Platform
a) User Accounts
Your Relationship with Telmeeth and Telmeeth Customers
a) Performance Reviews
Telmeeth reserves the right to review your performance from time to time while you are providing teaching Services, and in some cases, such a review may be carried out anonymously by Telmeeth personnel or by an independent third party contracted by Telmeeth. You understand and agree that we may collect personal information about you, including but not limited to images and videos, during such a review. As a result of any such review, we may restrict your access and use of the Telmeeth Platform and/or terminate this Agreement with you.
While providing teaching Service for Telmeeth, you will not promote or advertise companies or services which compete with Telmeeth. Your failure to comply with the terms of this section may result in your inability to access and use the Telmeeth Platform or Telmeeth’s termination of this Agreement with you.
a) Teacher location and organizing the location
The teacher location (for example teacher home) to be used for having the lesson at, the location must be under responsibility. Requirements relating to your teaching location capacity and looking will be notified to you by Telmeeth representatives and you must comply with such requirements at all times.
You will be exclusively responsible for organizing your teaching location.
b) Applicable Law
You represent, warrant and undertake that: (i) your use of the Telmeeth Platform will be in compliance with all Applicable Laws.
c) Customer Care
You will teach students carefully and professionally at your location as Telmeeth teacher or in student location and take responsibility to any issues that are caused by you or any third party you involved with. You will not: (i) engage in reckless behavior while teaching (ii) teach at a location that is unsafe to have a lesson at (iii) permit an unauthorized third party to accompany you in the account (iv) while acting as a Telmeeth Teacher be under the influence of alcohol or narcotics, or (v) take any action or omit to take any action that harms or threatens to harm the safety of Users or any third party.
You will not attempt to defraud Telmeeth, its Affiliates or Users. If we suspect that you have engaged in fraudulent activity, we may suspend payment of applicable Fees or other payments to you while we conduct an independent investigation into the suspected behavior. We reserve the right to take any appropriate measures including but not limited to terminating this Agreement with you, notifying the relevant authorities and/or filing criminal charges against you.
You understand and agree that Telmeeth may interview and provide training to you from time to time. Any such training which Telmeeth provides will be without prejudice to your obligations under this Agreement and Telmeeth will have no responsibility or liability for your acts, performance or behavior.
f) Good Condition
You represent, warrant and undertake that you will provide teaching Services to Users in a location which is: (i) suitable in all material ways for the teaching of Users (ii) kept in good operating condition (iii) is lawfully operated by you and (iv) complies with relevant regulations issued by the country where you are in which you provide Teaching Services as a Telmeeth Teacher.
Payments, Pricing, and Charges
Fees for lesson charged to Users by you (excluding the Usage Fee (as defined below) will be agreed from time to time with Telmeeth.
Telmeeth reserves the right to charge a separate usage fee for a lesson payable by the relevant User (the “Usage Fee”). In the event that a User (student) pays for a lesson with a cash payment, it is your (teacher) responsibility to collect the Usage Fee on behalf of Telmeeth and ensure the same is delivered to Telmeeth once the 15 days determined by Telmeeth is over and will be notified to you from time to time by a Telmeeth representative or through notification. All such Usage Fees are due and payable by you to Telmeeth within three days starts with the ends of 15 days in the month, which means there will be two payment periods during a month.
In the event that you do not deliver any Usage Fee amount to Telmeeth within the Payment Period, Telmeeth and/or its relevant Affiliate reserves the right to offset any undelivered Usage Fees against credit or debit card payments and, to the extent permitted by law, to engage a local collection agency in order to manage the collection of overdue Usage Fee amounts and any appropriate injunctive claims or actions necessary in relation to collecting such Usage Fee amounts.
Teacher’s credits earned by invitations as well as the discounts provided to the student will be deducted in the coming ‘payment period’ from teacher due amount that needs to be paid to Telmeeth. In the event that will be remaining teacher’s credit earned and/or discounts provided to the student then it will be deducted from the next coming payment period. Also, in the event, that teacher stopped using the Telmeeth platform for providing Teaching Services to earn money, and there were remaining teacher’s credits earned and/or discounts provided to the student then will be no obligation to Telmeeth for making payment the said amounts. However, once teacher returned back to use the Telmeeth platform then the said amount will be deducted from the due amount that teacher needs to pay to Telmeeth.
With respect to cash payment made by a User, you authorize Telmeeth to provide a receipt to such User for and on your behalf in order to affect the relevant transaction and you and Telmeeth have the right of set-off with respect to the foregoing.
You will be responsible for any taxes or charges payable with respect to the fees charged by you to a User relating to a lesson.
Pricing for lessons is determined at the sole discretion of Telmeeth on an individual or student group and the location of the lesson in terms of a teacher or student location. A list of pricing is available on the Telmeeth website. Telmeeth reserves the right to amend any applicable pricing terms from time to time without providing notice to you.
You are required to meet certain Telmeeth standards, including but not limited to having enough and good knowledge and understanding to the subject that will be provided to the student, wearing the appropriate uniform, providing excellent customer care and carrying out teaching Services in a location which meets the quality standard required by Telmeeth. You are responsible for expenses and charges associated with failing to meet any Telmeeth Standard and as a result, Telmeeth will deduct an amount for violation of a Telmeeth Standard from any Fees payable to you. Telmeeth reserves the right to update Telmeeth Standards from time to time without written notice.
You are responsible for the necessary cleaning of your teaching location, resulting from the use of the Telmeeth Platform under your Account.
You agree to indemnify and hold Telmeeth and its Affiliates, officers, directors, employees, agents and partners harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Telmeeth Platform or services or goods provided through your use of the Telmeeth Platform; (ii) your provision of teaching Services; (iii) your breach or violation of any of this Agreement; or (iv) your violation of the rights of any third party, including Users.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Telmeeth Platform (collectively, “Disputes”) will be settled by binding arbitration between you and Telmeeth LLC, except that each party retains the right to equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Telmeeth are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Telmeeth (or a relevant Affiliate) otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and Telmeeth and/or any of its Affiliates.
b) Arbitration Process and Rules
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Telmeeth Platform, your provision of Teaching Services or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be submitted to mediation proceedings or to the country law.
a) Choice of Law
This Agreement is governed by and construed in accordance with the country laws, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to such jurisdiction.
You agree to treat all information concerning Telmeeth and its Affiliates and all information concerning Users which has been provided to you as Confidential Information and you will not, except as provided in this Agreement, disclose, use or permit the disclosure or use of such information to any third party.
Telmeeth may give notice by means of a general notice on the Telmeeth Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Telmeeth or its Affiliates by written communication through Telmeeth’s platform.
You may not assign or transfer this Agreement in whole or in part without Telmeeth’s prior written approval. You give your approval to Telmeeth for it to assign or transfer this Agreement in whole or in part, including to (i) a subsidiary or affiliate; (ii) an acquirer of Telmeeth’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Telmeeth, its Affiliates or any User as a result of the contract between you and Telmeeth or use of the Telmeeth Platform.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity, and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.”
Effective Date: November 2018
Scope and Application
Collection of Information
Information You Provide to Us
We collect information you provide directly to us through your access or use of the Services, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include your name, email address, phone number, postal address, profile picture, payment method, financial and credit card information, and other information you choose to provide.
Please note that we do not knowingly collect, keep or maintain personal information from children under the age of 18 through the Services, as we require that all teachers represent to us that they are at least having a diploma certificate.
Information We Collect Through Your Use of Our Services
When you use our Services, we collect personal information (i.e. information that could be used to contact you directly such as full name, postal address, phone number, credit/debit card information, or email address) (“Personal Information”) and demographic information (i.e. information that you submit, or that we collect, that is not personal information; this may include, but is not limited to, post code, hometown, gender, username, device information, including the type of mobile device you use, a unique device identifier (for example, your device’s IMEI number, the MAC address of the device’s wireless network interface, or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, device location, IP address, SMS data, transaction information, age/birth date, browsing history information, searching history information, and registration history information) (“Demographic Information” and, together with Personal Information, “Personal Data”).
We also use GPS technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose.
Information We Collect From Other Sources
We may also receive information from other sources and combine that with Personal Data we receive from you or collected through our Services. For example:
If you choose to link, create, or log in to your Telmeeth account with a payment provider or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.
If your employer uses one of our enterprise solutions, we may receive information about you from your employer.
When you request on-demand services, our Teachers may provide us with a Student rating after providing services to you.
If you also interact with our Services in another capacity, for instance as a Teacher, we may combine or associate that information with Personal Data we have collected from you in your capacity as a Student.
Use of Personal Data
We may use Personal Data which you provide to us or we collect from you to:
Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Students and Teachers, develop safety features, authenticate users, and send product updates and administrative messages;
Perform internal administration and operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
Send or facilitate communications (i) between you and a Teacher, such as estimated times of arrival (ETAs), or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals or invites;
Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Telmeeth and other companies, where
permissible and according to local applicable laws; and to process a contest, sweepstake, or other promotion entries and fulfill any related awards;
Notify you about changes to our Services;
Allow you to participate in interactive features of our Services;
Keep our Services safe and secure; and
Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
Storage and Transfer of Personal Data
Sharing of Personal Data
By Using Our Services
We may share your Personal Data:
- Teachers to enable them to provide the Services you request. For example, we share your name and your locations with Teachers;
- With third parties to provide a service you have requested through a partnership or promotional offering made by a third party or us;
- With third parties with whom you choose to let us share your Personal Data, for example, other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and
- With your employer (or similar entity) and any necessary third parties engaged by us or your employer, if you participate in any of our enterprise solutions.
Other Important Sharing
We may share your Personal Data:
- With Telmeeth subsidiaries and affiliated entities;
- With vendors, consultants, marketing and advertising partners, and other service providers who need access to such Personal Data to carry out work on our behalf or to perform any contract we enter into with them;
- In response to a request for information by a competent authority if we believe disclosure is in accordance with or is otherwise required by, any applicable law, regulation, or legal process;
- With law enforcement officials, government authorities, or other third parties to enforce or apply our Terms of Service, to investigate potential breaches or if we believe your actions are inconsistent with our Terms of Service, or to protect the rights, property, or safety of Telmeeth or others;
- With third parties in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
- If we otherwise notify you and you consent to the sharing; with third parties in an aggregated and/or anonymized form which cannot reasonably be used to identify you
Marketing and Opting Out
Telmeeth provides Students and Teachers the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about the visitor. You have the option to ask us not to process your Personal Data for marketing purposes and to remove it from our database, to not receive future communications or to no longer receive our Services.
Your Telmeeth profile is password-protected so that only you and authorized Telmeeth employees to have access to your account information. Telmeeth staff will never proactively reach out to you and ask for any personal account information, including your password.
If you have any questions, comments, and requests related to this Privacy Statement, or if you have any complaints related to how Telmeeth processes your personal data, please contact us at email@example.com.