PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: 3/23/2017
Welcome to Wonderschool. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com, 415-735-3305 or 548 Market Street #25851, San Francisco, CA 94104.
NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you, what happens if our relationship terminates, and automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will do our best to bring it to your attention by placing a notice on the www.Wonderschool.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible, except as required by law. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
We do collect information about children under 13 from their parents, guardians, and/or caregivers, but please remember COPPA does not apply to information collected online about children under 13, only information collected from them.
What are the basics of using Wonderschool?
Wonderschool is a network that connects early childhood education professionals (“Teachers”) and those looking to engage Teachers’ services (“Parents”). A person who completes Wonderschool’s account registration process, including Teachers and Parents, is a “Member.” When we use the word “you” in these Terms, it refers to any Member, while if we use one of those specific terms, it only applies to that category of user.
Teachers arrange and organize early childhood education classes on premises of the Teacher’s choosing (“ECE Classes”). Teachers may list ECE Classes as available via the Services (“Listings”). Parents may reserve spots in Listings for their child(ren) via the Services (“Enrollment”). You may view Listings as an unregistered visitor to the Services; however, if you wish to enroll your child(ren) in an ECE Class or create a Listing, you must first register to create a Wonderschool Account (defined below).
While these Terms do place certain restrictions on our Members’ use of our Services, you understand that Wonderschool is not a party to the relationship formed between a Teacher and a Parent. A Parent may use Wonderschool to facilitate its receipt of professional services from a Teacher (“Teacher Services”), but Wonderschool can’t and won’t be responsible for making sure those Teacher Services are actually provided or are up to a certain standard of quality, or for mediating disputes between Teachers and/or Parents. Wonderschool similarly can’t and won’t be responsible for ensuring that information (including credentials) a Parent or Teacher provides about himself or herself is accurate or up-to-date. We don’t control the actions of any Parent or Teacher, and Teachers aren’t our employees.
A Parent and a Teacher may choose to enter into a separate agreement outside of Wonderschool regarding the Teacher Services, to which we are not a party and aren’t responsible for enforcing (an “Outside Agreement”). We encourage you to use Outside Agreements, but will not review their terms. If you choose to enter into an Outside Agreement, it must not, in any manner, conflict with any of the terms herein.
IF YOU CHOOSE TO CREATE A LISTING ON WONDERSCHOOL, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH WONDERSCHOOL IS LIMITED TO BEING A MEMBER AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF WONDERSCHOOL FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF WONDERSCHOOL. WONDERSCHOOL DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF WONDERSCHOOL, INCLUDING BY INAPPROPRIATELY USING ANY WONDERSCHOOL INTELLECTUAL PROPERTY.
How can I create a Wonderschool Account?
In order to access certain features of the Services and to enroll your child(ren) in an ECE Class or create a Listing, you must register to create an account (“Wonderschool Account”), select a password and username (“User ID”) and become a Member. You promise to provide us with accurate, complete, and updated registration information about yourself. Wonderschool reserves the right to terminate your Wonderschool Account and your access to the Services if you create more than one Wonderschool Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract. You understand and agree that you must provide accurate information. Wonderschool may, for transparency or fraud prevention or detection purposes (directly or through third parties) ask you to provide a form of government identification (for example, your driver’s license or passport), your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources. However, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your Wonderschool Account.
How can I create a Listing?
Only Teachers may create Listings. To create a Listing, a Teacher will be asked a variety of questions about the ECE Class to be listed, including, but not limited to, the location, capacity, size, features, and availability of the ECE Class and pricing and related rules. All ECE Classes must have valid physical addresses. The placement or ranking of Listings in search results may depend on a variety of factors, including, Parent and Teacher preferences, ratings and/or ease of Enrollment. A Teacher may choose to include certain requirements which Parents must meet in order to be eligible to request an Enrollment of the Teacher’s ECE Class, such as requiring Parents to have visited the ECE Class in order to enroll in that ECE Class.
Teachers alone are responsible for any and all Listings they post. Accordingly, each Teacher represents and warrants that any Listing such Teacher posts, any Enrollment thereof, or a Parent’s child(ren)’s use of a ECE Class in a Teacher’s Listing (i) will not breach any agreements the Teacher has entered into with any third parties, such as homeowners association, condominium, or other third party agreements, (ii) will be in compliance with all applicable laws (such as zoning laws), tax requirements, intellectual property laws, and rules and regulations that may apply to any ECE Class included in a Listing the Teacher posts (including having all required permits, licenses and registrations), and (iii) not conflict with the rights of third parties. Please note that Wonderschool assumes no responsibility for a Teacher’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Wonderschool reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Wonderschool, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services.
Wonderschool may make certain tools available to help Teachers to make informed decisions about which Parents the Teachers choose to confirm or preapprove for Enrollments. Teachers may only accept and/or reject Enrollments in accordance with applicable law. A Teacher must fulfill all Enrollments he or she accepts. A Teacher is responsible for the Teacher’s own acts and omissions and is also responsible for the acts and omissions of any individuals who participate in or are otherwise present at a ECE Class at the Teacher’s request or invitation, excluding the Parent (and the Parent’s child(ren)).
Wonderschool recommends that Teachers obtain appropriate insurance for their ECE Classes. A Teacher must review any insurance policy that the Teacher may have for the Teacher’s ECE Class carefully, and in particular must make sure that the Teacher is familiar with and understands any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not such insurance policy will cover the actions or inactions of or relating to Parents and their children while at the Teacher’s ECE Class. Wonderschool does not act as an insurer or contracting agent, notwithstanding any facilitation of any insurance coverage we may assist a Teacher in obtaining.
Before a Teacher has confirmed any Enrollments in a Listing, the Teacher may cancel that Listing. After the Teacher has confirmed one or more Enrollments in a Listing and the Teacher cancels the Listing, the applicable Deposits shall be returned to the applicable Parents and the Teacher will not be able to create another Listing without contacting email@example.com. In addition, the Teacher shall be subject to any applicable Post-Termination Teacher Fees.
Before a Teacher has confirmed any Enrollments in any Listings, the Teacher may terminate the Teacher’s Wonderschool Account, subject to the Early Termination Fee. After the Teacher has confirmed one or more enrollments in any Listings, the Teacher may terminate the Teacher’s Wonderschool Account, subject to the Early Termination Fee, the applicable Deposits shall be returned to the applicable Parents and the Teacher will not be able to create another Wonderschool Account without contacting firstname.lastname@example.org. In addition, the Teacher shall be subject to any applicable Post-Termination Teacher Fees.
How do Enrollments work?
Teachers shall routinely offer tours for Parents of their ECE Class premises (“Tours”) and periods for groups of Parents to visit the ECE Class premises (“Open Houses”). A Parent must attend a Tour or an Open House before enrolling his or her child(ren) in an ECE Class.
During his or her attendance at a Tour or Open House, a Parent may express interest in enrolling his or her child(ren) in an ECE Class. The applicable Teacher may send the Parent an offer to enroll his or her child(ren) in the ECE Class for a particular period of time at a particular price after the Tour or Open House (“Enrollment Offer”). When a Parent receives an Enrollment Offer, the Parent will be required to either confirm or reject the Enrollment Offer within the time period as stated on the Services (“Enrollment Offer Period”) or the Enrollment Offer will automatically expire. When a Teacher sends a Parent an Enrollment Offer, we will automatically share with the applicable Parent (i) the first and last name of Teacher providing the Enrollment Offer and (ii) a link to the Teacher’s Wonderschool Account profile page. If the Parent is unable to confirm or decides to reject an Enrollment request within the Enrollment Offer Period, any amounts collected by Wonderschool (via Wonderschool’s third-party payment processor (the “Payment Processor”)) for the Enrollment Offer will be refunded to the applicable Parent.
After a Parent has attended a Tour or an Open House, the Parent may enroll his or her child(ren) in ECE Classes via the Services based upon the information provided in Listings and the Parent’s search parameters and preferences.
A deposit of at least one month’s tuition for an ECE Class is required when enrolling in a Listing (“Deposits”). If a Parent increases Enrollment in an ECE Class, then the Parent will be responsible for paying any additional amounts such that his or her Deposit is equal to one month’s tuition at the current Enrollment (and the Parent will be entitled to a refund of the additional amount of Deposit if he or she reduces Enrollment in the ECE Class). All changes in Enrollment shall be subject to the Listing’s applicable cancellation policy.
When a Parent requests an Enrollment via the Services, the applicable Teacher will be required to either confirm or reject the Enrollment request within the Enrollment Request Period or the Enrollment request will automatically expire. When an Enrollment is requested via the Services, we will share with the applicable Teacher (i) the first and last name of the Parent requesting the Enrollment, (ii) a link to the Parent’s Wonderschool Account profile page and (iii) an indication of whether or not the Parent has provided other information to Wonderschool, such as a verified email address, or a government ID. If the Teacher is unable to confirm or decides to reject an Enrollment request within the Enrollment Request Period, any amounts collected by Wonderschool (via the Payment Processor) for the requested Enrollment will be refunded to the applicable Parent.
The applicable Teacher, not Wonderschool, is solely responsible for honoring any confirmed Enrollment(s) and making available any ECE Class(es) reserved through the Services. The Parent agrees to personally inspect the premises of the ECE Class via a Tour or Open House prior to the Parent’s child(ren)’s attendance at any ECE Class and acknowledges that Wonderschool is not responsible for the nature and/or condition of such ECE Class.
Automatic Renewals for a Parent’s Enrollments. Unless a Parent opts out of auto-renewal, which can be done through such Parent’s account settings, any Enrollments for ECE Classes for which the Parent has signed up will be automatically extended for successive renewal periods of the same duration as the term originally selected, at the then-current non-promotional rate for such ECE Class as specified in the applicable Listing. To change or terminate an Enrollment at any time, a Parent may go to account settings or by contacting the applicable Teacher via the Services. If a Parent terminates an Enrollment, the Parent may use that Enrollment until the end of the then-current term and the Enrollment will not be renewed after the then-current term expires. However, the Parent will not be eligible for a prorated refund of any portion of the ECE Class Fee paid for the then-current Enrollment period. If a parent does not want to continue to be charged on a recurring basis, the parent must cancel the applicable Enrollment through his or her account settings or terminate the parent’s Wonderschool account BY CONTACTING OPERATIONS@WONDERSCHOOL.COM OR BY CONTACTING THE APPLICABLE TEACHER VIA THE SERVICES before the end of the recurring TERM. Enrollments cannot be terminated before the end of the period for which the parent has already paid, and except as expressly provided in these terms, Wonderschool will not refund any fees that a parent has already paid.
Reaffirmation of Authorization. A Parent’s non-termination or continued use of an Enrollment reaffirms that we are authorized to charge the payment method added to such Parent’s Wonderschool Account, such as a credit card, PayPal, or electronic funds transfer (“Payment Method”) for that Enrollment. We may submit those charges for payment and the Parent will be responsible for such charges. This does not waive our right to seek payment directly from the Parent. The Parent’s charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected the Enrollment.
How do I cancel an Enrollment?
If a Parent wishes to cancel a confirmed Enrollment made via the Services, either prior to or after the Parent’s child(ren) have begun the ECE Class, the cancellation policy of the Teacher as described in the applicable Listing will apply to such cancellation. The cancellation policy as described in the applicable listing will specify when the Deposit is forfeit due to a cancellation of a confirmed Enrollment. Our ability to refund the ECE Class Fees and other amounts charged to the Parent will depend upon the terms of the applicable cancellation policy. The Parent Fee is non-refundable. Wonderschool will initiate any refunds due pursuant to these Terms.
If a Parent cancels a requested Enrollment before the requested Enrollment is confirmed by the Teacher, Wonderschool will cancel any pre-authorization to the Parent’s Payment Method and/or refund any nominal amounts charged to such Parent’s Payment Method in connection with the requested Enrollment within a commercially reasonable time.
If a Parent cancels a confirmed Enrollment or Wonderschool decides that it is necessary to cancel a confirmed Enrollment, and Wonderschool issues a refund to the Parent in accordance with these Terms or other applicable cancellation policies, the Teacher agrees that in the event the Teacher has already been paid, Wonderschool will be entitled to recover the amount of any such refund from such Teacher, including by subtracting such refund amount out from any future Teacher Disbursements (defined below) due to such Teacher.
If a Teacher cancels a confirmed Enrollment made via the Services, (i) Wonderschool will refund the Total Fees for such Enrollment to the applicable Parent pursuant to these Terms and (ii) the Parent will receive a message from Wonderschool containing alternative Listings and other related information. If the Parent requests an Enrollment from one of the alternative Listings and the Teacher associated with such alternative Listing confirms the Parent’s requested Enrollment, then the Parent agrees to pay Wonderschool the Total Fees relating to the confirmed Enrollment for the ECE Class in the alternative Listing, in accordance with these Terms. If a Teacher cancelled a confirmed Enrollment and you, as a Parent, have not received a message from Wonderschool, please contact hello@Wonderschool.com.
A Teacher may not cancel a confirmed Enrollment. Teachers understand and agree that if a Teacher cancels a confirmed Enrollment, Wonderschool may apply penalties or consequences to such Teacher or such Teacher’s Listing, including (i) publishing an automated review on such Teacher’s Listing indicating that an Enrollment was cancelled, (ii) keeping the availability for such Teacher’s Listing unavailable or blocked for the dates of the cancelled Enrollment, or (iii) imposing a cancellation fee. Teachers will be notified of the situations in which a cancellation fee applies before deciding to cancel.
What are the financial terms regarding Enrollments?
Parents are responsible for paying the amounts due and payable by a Parent in exchange for that Parent sending his or her child(ren) to a ECE Class (the “ECE Class Fees”) and the fees that Wonderschool charges Parents for use of the Services (“Parent Fees”), (collectively, the “Total Fees”). The Total Fees payable will be displayed to a Parent before the Parent accepts an Enrollment Offer from a Teacher and/or before a Parent sends an Enrollment request to a Teacher. When a Teacher sends a Parent an Enrollment Offer, the Parent is required to either confirm or rejects the Enrollment Offer within the time period as stated on the Services (the “Enrollment Offer Period”); otherwise, the requested Enrollment will be automatically cancelled. When a Parent sends a Teacher an Enrollment request, the Teacher is required to either confirm or reject the Enrollment request within the time period as stated on the Services (the “Enrollment Request Period”); otherwise, the requested Enrollment will be automatically cancelled. Wonderschool will collect the Total Fees from each Parent either at the time of the Parent’s acceptance of the Teacher’s Enrollment Offer or at the time of the Parent’s Enrollment request or upon the Teacher’s confirmation of the Enrollment request (depending upon the Parent’s Payment Method).
The Parent agrees that Wonderschool may charge the Parent’s Payment Method the Total Fees for any Enrollment Offer confirmed or Enrollment requested in connection with such Parent’s Wonderschool Account. In order to establish an Enrollment pending the applicable Teacher’s confirmation of the Parent’s requested Enrollment, the Parent understands and agrees that Wonderschool, on behalf of the Teacher, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via such Parent’s Payment Method for the Total Fees or (ii) charge the Parent’s Payment Method a nominal amount, not to exceed one dollar ($1), to verify the Parent’s Payment Method. As a general rule, Wonderschool will collect the Total Fees due once Wonderschool receives confirmation of a Parent’s Enrollment from the applicable Teacher. In instances in which Wonderschool is unable to collect Total Fees in the ordinary course, Wonderschool may elect to collect Total Fees at a later point in time.
Within thirty (30) days of the end of each calendar month during the Service Term (defined below), Wonderschool will calculate the Net Revenue (defined below) for confirmed Enrollments purchased during such calendar month for each Teacher and remit a percentage of the applicable Net Revenue to the Teacher as agreed by the applicable Teacher and Wonderschool during the registration process (“Teacher Disbursements”). Teacher Disbursements will be made in U.S. Dollars via the payout method the Teacher has added to his or her Wonderschool Account, such as PayPal, direct deposit or electronic funds transfer or a prepaid card (“Payout Method”) chosen by the Teacher. The time it takes a Teacher to receive Teacher Disbursements once released by Wonderschool may depend upon the Payout Method. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Teacher, including by deducting their charges from the payout amount. “Net Revenue” means amounts actually received by Wonderschool from Parents for their Enrollments, less (i) sales taxes, use taxes, withholding taxes, VAT and any other taxes, duties or other government tariffs that a governmental authority requires Wonderschool to pay with respect to the subject matter hereunder, (ii) Parent Fees, (iii) any amounts owed by the applicable Teacher to Wonderschool (whether as a result of such Teacher’s Enrollments or actions as a Parent or otherwise), and (iv) any disputes and refunds.
Teachers are responsible for any and all applicable federal, state and local taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) relating to the subject matter hereunder, excluding taxes based on Wonderschool’s income. Teachers will provide Wonderschool with all requested data or information relevant to the Enrollments, including all Payout Method and tax identification information, and will ensure that information is accurate and up-to-date. Failure to provide requested information or keep such information accurate and up-to-date may prevent Wonderschool from making any Teacher Disbursements due hereunder.
Appointment of Wonderschool as limited payment collection agent for Teacher. Each Teacher hereby appoints Wonderschool as the Teacher’s limited payment collection agent solely for the purpose of accepting the ECE Class Fees from Parents. Each Teacher agrees that payment made by a Parent through Wonderschool, shall be considered the same as a payment made directly to the Teacher, and the Teacher will make the ECE Class available to the Parent in the agreed-upon manner as if the Teacher has received the Net Revenue for the applicable Enrollment. Each Teacher agrees that Wonderschool may, in accordance with the cancellation policy selected by the Teacher and reflected in the relevant Listing, refund to the Parent that portion of the ECE Class Fees specified in the applicable cancellation policy. Each Teacher understands that Wonderschool accepts payments from Parents as the Teacher’s limited payment collection agent and that Wonderschool’ obligation to pay the Teacher is subject to and conditional upon successful receipt of the associated payments from Parents. Wonderschool does not guarantee payments to Teachers for amounts that have not been successfully received by Wonderschool from Parents. In accepting appointment as the limited collection agent of the Teacher, Wonderschool assumes no liability for any acts or omissions of the Teacher.
No Payments for Listings outside the Services. You represent, warrant, and agree that you will not accept or make a payment for any Listing outside of the Services. If you do so, you acknowledge and agree that you: (i) would be in breach of these terms, (ii) accept all risks and responsibility for such payment, and (iii) hold Wonderschool harmless from any liability for such payment.
Fees and Payment
Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
Billing. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen Payment Method.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at email@example.com.
What if I pick up my child(ren) from an ECE Class Late?
Parents agree that a confirmed Enrollment only allows the Parent’s child(ren) to attend the ECE Class in the Listing for the limited duration described therein and in accordance with the Parent’s Outside Agreement (if applicable) with the Teacher. Parents further agree to pick up their children from the ECE Class no later than the pickup time that the Teacher specifies in the Listing or such other time as mutually agreed upon between the Parent and the Teacher. If a Parent picks up a child past the agreed upon pickup time without the Teacher’s consent, the Parent may pay an additional fee as specified on the Listing (the “Late Pickup Fee”) to cover the inconvenience suffered by the Teacher, as agreed in the Outside Agreement. ). Deposits, if required by a Teacher, may be applied to Late Pickup Fees.
If a Parent picks up his or her child(ren) past the agreed upon pickup time without the Teacher’s consent, the Parent agrees that Wonderschool, in its role as limited payment collection agent for the Teacher, may charge any Payment Method(s) such Parent has on file in his or her Wonderschool Account to collect, for each 15 minute period that the Parent is late over the agreed period without the Teacher’s consent (or as otherwise specified in the Listing), the Late Pickup Fee and any legal or other additional expenses incurred by the Teacher until the Parent picks up his or her child (collectively, “Additional Sums”). Within thirty (30) days of the end of each calendar month during the Service Term, Wonderschool will calculate the Net Additional Sums Revenue (defined below) for Additional Sums during such calendar month for each Teacher and remit a percentage of the applicable Net Additional Sums Revenue to the Teacher as agreed by the applicable Teacher and Wonderschool during the registration process (“Teacher Additional Sums Disbursements”). Teacher Additional Sums Disbursements will be made in U.S. Dollars via the Payout Method chosen by the Teacher. The time it takes a Teacher to receive Teacher Additional Sums Disbursements once released by Wonderschool may depend upon the Payout Method. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Teacher, including by deducting their charges from the payout amount. In addition, Wonderschool may recover any costs and expenses it incurs in collecting the Additional Sums by charging any Payment Method(s) the Parent has on file in his or her Wonderschool Account. “Net Additional Sums Revenue” means amounts actually received by Wonderschool from Parents for their Additional Sums, less (i) sales taxes, use taxes, withholding taxes, VAT and any other taxes, duties or other government tariffs that a governmental authority requires Wonderschool to pay with respect to the subject matter hereunder, (ii) Parent Fees, (iii) any amounts owed by the applicable Teacher to Wonderschool (whether as a result of such Teacher’s Enrollments or actions as a Parent or otherwise), and (iv) any disputes and refunds.
What if my child(ren) are responsible for damage in an ECE Class?
As a Parent, you are responsible for your child(ren)’s conduct and for your child(ren) leaving the ECE Class (including any personal or other property located at a ECE Class) in the condition it was in when your child(ren) arrived. You acknowledge and agree that, as a Parent, you are responsible for your child(ren)’s acts and omissions and are also responsible for the acts and omissions of any other individuals whom you invite to, or otherwise provide access to, the ECE Class. In the event of any such damages, the Parent and the applicable Teacher (and not Wonderschool) shall be fully responsible for resolving any related disputes.
Are there any additional terms specific to me as Teacher?
Service Term for Teachers. The initial term of this Agreement between a Teacher and Wonderschool shall be two (2) year(s) (the “Initial Term”). Following the Initial Term, this Agreement will automatically renew for successive renewal terms of two (2) years (each, a “Renewal Term”, and together with the Initial Term, the “Service Term”) unless you give Wonderschool written notice of non-renewal at least sixty (60) days prior to the end of the then-current term. If you cancel or otherwise suspend your use of the Services at any time prior to the end of the then-current term (“Early Termination”) you agree to pay a fee (“Early Termination Fee”) as set forth in your Wonderschool Account. Wonderschool may terminate this Agreement freely at any time as otherwise set forth herein.
Post-Termination Teacher Fees. For one (1) year (or as otherwise agreed between the Teacher and Wonderschool in writing) following the termination or expiration of this Agreement for any reason, each Teacher must continue to pay the Teacher Fees for any attendee of any of such Teacher’s ECE Classes originally enrolled via the Services (“Post-Termination Teacher Fees”). Wonderschool may inspect each Teacher’s books and records at any time to ensure that such Teacher is paying Wonderschool Post-Termination Teacher Fees in full.
Your use of the Services is subject to the following additional restrictions:
You understand and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Violates any law or regulation, including, without limitation, any applicable export control laws, zoning regulations or tax regulations;
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Wonderschool);
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Wonderschool Account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
- Falsely implies Wonderschool endorsement, partnership or otherwise misleads others as to your affiliation with Wonderschool.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Wonderschool’s) rights.
You understand that Wonderschool owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to Wonderschool or to other users?
For all User Submissions, you hereby grant Wonderschool a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Wonderschool Account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Wonderschool the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Wonderschool the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Wonderschool the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Wonderschool users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Wonderschool’s business for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Wonderschool, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Wonderschool has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services (including any Member). In addition, Wonderschool will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.You agree that Wonderschool shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Wonderschool is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Wonderschool, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Will Wonderschool ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What if I want to stop using the Services?
Wonderschool is also free to terminate (or suspend access to) your use of the Services or your Wonderschool Account, for any reason in our discretion, including your breach of these Terms. Wonderschool has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your Wonderschool Account, so keep that in mind before you decide to terminate your account.
If you have deleted your Wonderschool Account by mistake, contact us immediately at hello@Wonderschool.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
I use the Wonderschool App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
- Both you and Wonderschool acknowledge that the Terms are concluded between you and Wonderschool only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Wonderschool, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Wonderschool, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Wonderschool acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Wonderschool acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
What else do I need to know?
Neither Wonderschool nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Wonderschool or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY WONDERSCHOOL (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THE RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE PLATFORM OR SERVICES WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WONDERSCHOOL OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WONDERSCHOOL (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, GREATER THAN (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO WONDERSCHOOL IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO WONDERSCHOOL'S DECISION TO ENTER INTO THE AGREEMENT BETWEEN WONDERSCHOOL AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Wonderschool, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Wonderschool Account, in any way (by operation of law or otherwise) without Wonderschool’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Wonderschool and limits the manner in which you can seek relief from us. Both you and Wonderschool acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Wonderschool’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
(a) Applicability of Arbitration Agreement. You and Wonderschool agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual bases except that you and Wonderschool are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
(c) Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. Wonderschool will pay all arbitration fees for claims less than $75,000. Wonderschool will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(d) Small Claims Court. Furthermore, either you or Wonderschool may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work.
(e) Waiver of Jury Trial. YOU AND WONDERSCHOOL WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Wonderschool are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Wonderschool over whether to vacate or enforce an arbitration award, YOU AND WONDERSCHOOL WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(f) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (h) below.
(g) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 548 Market Street #25851, San Francisco, CA 94104 postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your Wonderschool Account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(h) Exclusive Venue. If you send the opt-out notice in (g), and/or in any circumstances where the foregoing arbitration agreement permits either you or Wonderschool to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and Wonderschool agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.
(i) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Wonderschool.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Wonderschool may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Wonderschool agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Wonderschool, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Wonderschool, and you do not have any authority of any kind to bind Wonderschool in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Wonderschool agree there are no third party beneficiaries intended under these Terms.