Terms of Services
Introduction to Terms of Services
Please read these Terms of Service (the “Terms” or “Terms of Service“) carefully as they govern (i) your access to and use of our Sites, (ii) your access to and use of our Applications, or (iii) your access to and use of our services that link to or reference these Terms, and contain important information about your legal rights, remedies and obligations. The Site, Application and other Oh My French services together are hereinafter collectively referred to as the “Oh My French Platform“. By accessing or using the Oh My French Platform, you are agreeing to these Terms and concluding a legally binding contract with Oh My French, whether or not you become a registered user of the Oh My French Platform. Certain areas of the Oh My French Platform may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Oh My French Terms and the terms and conditions posted for a specific area of the Oh My French Platform, the terms and conditions that are specific to that area will take precedence with respect to your use of, or access to, that area of the Oh My French Platform.
You may be referred to in these Terms as “you” or “your“, or may be referred to specifically in your applicable role as a Company or an User. If you are entering into this Terms on behalf of a company or other legal entity (such company or legal entity, the “Company“), these Terms shall be a binding agreement between Oh My French and the Company that you represent, and you represent that you have the authority to bind such Company, its Users, and its affiliates to these Oh My French Terms. In that case, the terms “you” or “your” shall also refer to such entity, its Users, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with these Terms, you may not use the Oh My French Platform. If you are entering into these Terms as an individual and not on behalf of a company or other legal entity, this Terms shall be a binding agreement between Oh My French and you personally. You acknowledge that these Terms are a contract between you and Oh My French, even though it is electronic and is not physically signed by you and Oh My French, and it governs your use of the Oh My French Platform.
You represent that you have read and understood our privacy policy (“Privacy Policy“). Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply these Terms or other Policies; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding or other legal process served on us; or (iv) protect our rights, reputation, and property or that of our users, affiliates or the public. Our (a) Account Terms (“Account Terms“); (b) Payment Terms (“Payment Terms“); (c) Content Terms (“Content Terms“), together with the Private Policy (“Privacy Policy“) govern, to the extent applicable to your use, the Oh My French Platform and are incorporated by reference into these Terms.
Do not access or use the Oh My French Platform if you are unwilling or unable to be bound by these Terms.
Introduction to General Terms
Oh My French provides an online venue for language learning that proposes Products (“Products“), Services (“Services“) and Membership programs (“Memberships“) to its Visitors (“Visitors“), Users (“Users“) and Members (“Members“) for educational purposes. These Services (“Services“) are accessible at www.ohmyfrench.com and any other websites where Oh My French makes the Services available (collectively, the “Site“), and applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the “Application“).
If you are using the Site, Application, Products or Services, these Terms are between you and Oh My French (Oh My French is hereinafter referred to as “Oh My French”, “we”, “us”, or “our”). Oh My French will handle any and all payments and payouts conducted through or in connection with the Site, Application, Products or Services. Payment provided by Oh My French are subject to the Payments Terms (“Payment Terms“).
Throughout these Terms “you” or “your” may refer the person, entity or compamy accessing or using our Site, Application, Products or Services.
General Terms
“Account” means the Account you open when you register to become a User.
“Coins” means the virtual currency a User can use for the purchase of Products or Services and that is unique to Oh My French.
“Content” means all Content that Oh My French makes available through the Site, Application, Products or Services or its related promotional campaigns and official social media channels, excluding User Content.
“Curated Content” means all Curated Content that Oh My French makes available through the Site, Application, Products or Services or its related promotional campaigns and official social media channels.
“Member” means a User that purchased any kind of Products or Services.
“Membership” means any User subscription that Oh My French makes available through the Site or Application.
“Products” means all Products that Oh My French makes available through the Site or Application and that a User can buy in exchange of Coins, not including Teaching Services.
“Services” means any Services that makes available through the Site or Application, including Teaching Services and Memberships.
“Student” means a User that purchased Teaching Services or any Membership.
“Teacher” means a User that offers and delivers Teaching Services.
“Teaching Services” means all Services delivered by Teachers where Coins are exchanged.
“User” means a person or legal entity that registers for an Account.
“User Content” means all Content that a User posts, uploads, publishes, submits, transmits, or includes in their User profile or Oh My French promotional campaign to be made available through the Site, Application, Products or Services.
“Visitor” means a person who is only visiting the Site or Application, not a User.
“You” means a Visitor or User accessing the Site or Application or using the Products or Services.
Agreement Rules
By using the Site, Application, Products or Services, you agree to comply with and be legally bound by the terms and conditions : Terms of Service (“Terms of Services“), Account Terms (“Account Terms“), Payment Terms (“Payment Terms“), Content Terms (“Content Terms“), Privacy Policy (“Privacy Policy“), whether or not you become a User. These Terms and Policies govern your access to and use of the Site, Application, Products, Services and all Content and Curated Content and constitute a binding legal agreement between you and Oh My French.
If you do not agree to these Terms or Policies, you have no right to obtain information from or otherwise continue using the Site, Application, Products or Services. Failure to use the Site, Application or Services in accordance with these Terms and Policies may subject you to civil and criminal penalties.
THE SITE, APPLICATION, PRODUCTS AND SERVICES COMPRISE AN ONLINE VENUE FOR LANGUAGE LEARNING WHERE USERS, BOTH STUDENTS AND TEACHERS HOSTS MAY TAKE ADVANTAGE OF CONNECTION SERVICES AND PAYMENT SERVICES FROM THE SITE. YOU UNDERSTAND AND AGREE THAT OH MY FRENCH IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN STUDENTS AND TEACHERS OR BETWEEN USERS, NOR IS OH MY FRENCH A LANGUAGE SERVICES BROKER OR AGENT. OH MY FRENCH HAS NO CONTROL OVER THE CONDUCT OF STUDENTS, TEACHERS, AND USERS NOR WILL BE RESPONSIBLE FOR THE VERACITY OF THE INFORMATION A USER CHOOSE TO DISPLAY ON THE SITE OR APPLICATION. OH MY FRENCH DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO TEACH ON OH MY FRENCH, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH OH MY FRENCH IS LIMITED TO BEING A USER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF OH MY FRENCH 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 OH MY FRENCH. OH MY FRENCH DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR ACTIVITIES ASSOCIATED WITH YOUR PROFILE OR ANY OTHER MATTERS RELATED TO ANY SERVICES THAT YOU PROVIDE. AS A USER 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 OH MY FRENCH, INCLUDING BY INAPPROPRIATELY USING ANY OH MY FRENCH INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION, PRODUCTS OR SERVICES BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THE APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, PRODUCTS OR SERVICES, CONTENT OR CURATED CONTENT.
Update of the Terms
Oh My French reserves the right, at its sole discretion, to modify the Site, Application, Products or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Site, Application, Products or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application, Products or Services.
Eligibility
The Site, Application, Products or Services are intended for persons who are 18 or older. Users under the age of 18 must obtain permission from a parent or legal guardian. In this case, the parent or legal guardian is responsible for any and all activities of the User. Your right to use our Products or Services is personal to you and is not transferable by you to any other person or entity. Oh My French reserves the right to terminate your use of its Products and Services at any time, if you demonstrate abusive or inappropriate behaviour using them. By accessing or using the Site, Application, Products or Services you represent and warrant that you have the eligibility and right to do so.
Disclaimer
Use of the Site, Application, Products or Services is entirely at your own risk. Oh My French disclaims all liability in connection with any interactions, correspondence, transactions, and other dealings that you have with any third parties, including Users on or through the Site or Application are solely between you and the third party, including issues related to the content of third-party advertisements, payments, services, delivery of goods, warranties, product warranties, privacy, data security, and the like. Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any content on the Site or Application. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site or Application. You acknowledge that the Site and all Products, Services, Content and User Content accessible from the Site or Application are provided “AS IS” and is at your sole risk and discretion. Oh My French and its affiliates and licensors are not liable or responsible for any results generated through the use of the Site or Application. We provide no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, Oh My French does not warrant that: (i) the information available on the Site or Application is free of errors; (ii) the functions or services (including but not limited to mechanisms for the downloading and uploading of content) provided by Oh My French will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) Oh My French or the server(s) that makes it available are free of viruses or other harmful components. Neither Oh My French nor its affiliates or licensors is responsible for the conduct, whether online or offline, between Users.
Limitation of liabilities
In no event shall Oh My French be liable to any user of the Site, Application or any other person or entity for any direct, indirect, special, incidental, onsequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the Website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses.
You agree Oh My French’s total cumulative liability in connection with these Terms, the Site, Application, Products, Services, Content, or any listing or services whether in contract, tort, or otherwise, shall not exceed the amounts, if any, you paid in commissions to Oh My French for the Products or Services in the then prior month.
Assignment
You may not assign or transfer these Oh My French Terms, or any rights or obligations hereunder, by operation of law or otherwise, without Oh My French’s prior written consent. Any attempt by you to assign or transfer these Oh My French Terms without such consent will be null and of no effect. Oh My French may assign or transfer these Oh My French Terms, and any rights or obligations hereunder, at its sole discretion, without restriction. Subject to the foregoing, these Oh My French Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Indemnification
You agree to indemnify, defend and hold Oh My French harmless, including against all costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site or Application, (ii) your decision to submit postings and accept offers from other Users, (iii) any breach of contract or other claims made by Users with which you conducted business through the Site or Application, (iv) your violation of these Oh My French Terms, (v) any products or services purchased or obtained by you in connection with the Site or Applicatio, (vi) any liability arising from the tax treatment of payments to Teachers, (vii) any negligent or intentional wrongdoing committed by you on or through the Site or Application, (viii) any infringement by you, or any third party using your Oh My French Account, of any intellectual property or other right of any person or entity, (ix) your failure to pay or dispute of any fees owed to any Teacher or any other amounts owed to other Users; and/or (x) your failure to satisfy your obligations as a Teacher or to a Teacher. Oh My French reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Oh My French and you agree to cooperate with Oh My French’s defense of these claims. You agree not to settle any such matter without the prior written consent of Oh My French. Oh My French will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of such claim, action or proceeding.
Solicitation
Without limitation, the Content, Products and Services should not be used to solicit for any other third party business, website, product or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Content, Products or Services provided by Oh My French without express written permission from Oh My French. You should not use the Site, Application, Products, Services or Content to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of Oh My French.
Entire Agreement
Except as they may be supplemented by additional Oh My French policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Oh My French Terms together with the Oh My French Policies constitute the entire and exclusive understanding and agreement between Oh My French and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between italki and you in relation to your access to and use of the Site or Application.
Notices
Oh My French will communicate with you by email, skype or by posting communications on the Oh My French Platform. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Oh My French sends the communication to the email or skype address you have provided to Oh My French on the Oh My French Platform, or when Oh My French posts such communication on the Oh My French Platform. You must keep your email and skype address updated on the Oh My French Platform, and you must regularly check the Oh My French Platform for postings. If you fail to respond to an email message from Oh My French regarding violation, dispute or complaint within two business days, Oh My French will have the right to terminate or suspend your Oh My French Account.
Feedback
By sending us any ideas, suggestions, documents or proposals (“Feedback“), you agree that (i) your Feedback does not contain confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback and you irrevocably waive, and cause to be waived, against Oh My French and other Users any claims and assertions of any moral rights that you may have with respect to such Feedback.
Customer Support
If you wish to report a violation of these Terms, have any questions or need assistance, please contact Oh My French customer support by clicking on ‘Contact us’ at the bottom of this page.
Last Update : 15 сентября, 2021
Introduction to Account Terms
If you want to create an Account (“Account“) on the Oh My French Platform, you must read and agree to be bound by these Terms for Users (“Account Terms“). The terms used but not defined in these Account Terms have the meanings ascribed to such terms in our Terms of Service (“Terms“), which are available on the first General tab of this page.
If you do not accept these Account Terms in full, you are not authorized to use the Oh My French Platform.
These Account Terms are designed to encourage the best behavior between Users by setting clear expectations, and to provide the principles to guide Users in their daily conduct when using the Oh My French Platform and interacting with other Users. However, our Users come from all over the world and are thus accustomed to a variety of different cultural norms. As a result, these Account Terms attempt to adopt universally accepted standards of respect and tolerance. These Account Terms do not attempt to address every potential situation that could arise when Users interact together on or or outside the Oh My French Platform, but instead provides principles for ethical and professional behavior that can serve as guidance regarding Oh My French expectations.
Account Registration
In order to use many of the features that are offered through the Oh My French Platform, you must create an account (“Account“) and become a User.
Your Account is for personal, non-commercial use only, provided that, if you are creating an Account on behalf of a Company, you may authorize their Employees to use of the Oh My French Platform. To create an Account, you must be eligible to use the Oh My French Platform for which you are registering, be a resident of a country where use of the Oh My French Platform is permitted, have a valid email address and provide truthful and accurate information. You may not impersonate someone else, provide an email address or mobile phone number other than your own or create multiple Accounts.
You may not have more than one (1) active Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Oh My French reserves the right to suspend or terminate your Account and your access to the Oh My French Platform if you create more than one (1) 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 Oh My French Terms.
In addition, to create an Account, Oh My French requires you to select a username, fill in your first and last name, a valid email address, and a password. You acknowledge that you shall be responsible for ensuring that any username you select does not infringe any third-party rights and is not otherwise unlawful. Oh My French may refuse to grant you a username in Oh My French’s sole discretion for any reason including if the proposed username impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by Oh My French in Oh My Frecnch’s sole discretion. Your selection and use of a specific username do not convey any ownership or rights in that username and Oh My French reserves the right to revoke and/or reassign that username in Oh My French’s sole discretion. You understand and agree that Oh My French reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in Oh My French’s sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR OH MY FRENCH ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE OH MY FRENCH PLATFORM, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. YOUR OH MY FRENCH ACCOUNT MAY BE SUSPENDED OR TERMINATED IF SOMEONE ELSE USES YOUR OH MY FRENCH ACCOUNT TO ENGAGE IN ACTIVITY THAT VIOLATES THESE OH MY FRENCH TERMS.
You agree to notify Oh My French immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time if you violate these Oh My French Terms or if we otherwise have a legitimate interest to do so, such as complying with a legal or regulatory obligation.
Teacher Registration
In order to become a Teacher (“Teacher“), you must first complete your registration and send your application on the Oh My French Platform (“Teacher Application“). Your completed Teacher Application will be evaluated by Oh My French for approval. If your Teacher Application is approved, your User status will be changed to “Teacher“, you will have the ability to create and manage a Teacher profile on the Oh My French Platform, and you can begin offering and providing paid services (“Teaching Services“).
To the extent permitted by applicable law, Oh My French may obtain (i) background check reports from public records or through third party venders regarding matters such as criminal convictions or sex offender registrations, and/or (ii) identity verification check reports. As a condition of applying to become a Teacher, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports. In order to obtain such identity verification check reports, you further agree and authorize us to provide the copy of your passport.
Obligations
All Teachers must create a description in their profile of their Teaching Services on the Oh My French Platform. When creating the description of your Teaching Services, you agree to the following:
- Write a specific, detailed service description with clear teaching scope or the services provided;
- Set expectations that you can meet or exceed;
- Do not commit fraud, provide services other than those outlined in your description, or offer any services in exchange for positive feedback or at no cost;
- Do not advertise any third-party teaching service, platform, software, or application;
- Do not include any personal contact information, including but not limited to, email, telephone number, or social media account number.
Once you receive a Teaching Service confirmation, you agree to the following:
- Use the Oh My French Platform to manage all Teaching Services;
- Respond promptly to all Teaching Services related communications;
- Maintain a record of all important details of the communication between you and the Student. For the avoidance of doubt, communication may be conducted via emails, instant messages, telephone or in-person conversations, and important details generally includes information related to the scope of your Teaching Services, your time frames and availability to provide any Teaching Service, any schedule changes, any delay of providing your Teaching Services and their completion.
Disclaimer
Oh My French cannot confirm that each User is who they claim to be. You agree and understand that you assume all risks when using the Oh My French Platform, including without limitation any and all of the risks associated with any online or offline interactions with other Users. While we use good faith efforts to confirm that each Teacher on the Oh My French Platform is a legitimate instructor, we are not able to provide any assurances regarding the trustworthiness of the Teacher and the information they provide on the Oh My French Platform. When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property. Neither Oh My French nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of the Oh My French Platform. Oh My French and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Oh My French Platform. Oh My French may or may not utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications. Oh My French does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. Oh My French does not independently verify information in the consumer reports. You hereby consent to Oh My French collecting, using and disclosing the information in the consumer reports. You understand and agree that Oh My French may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate an Account or to investigate a complaint about a User, but that Oh My French shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Oh My French reserves the right to suspend and/or terminate an Account based on information in the consumer reports or for any other reason in Oh My French sole discretion.
Restrictions
You agree not to, and will not assist, encourage, or enable others to use the Oh My French Platform to:
- Violate any third party’s rights, including any breach of confidentiality, or any infringement of copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right;
- Upload any content that is indecent, libelous, defamatory, obscene, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
- Solicit personal information from minors, or submit or transmit pornography;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Oh My French Platform for commercial purposes, except as expressly permitted by Oh My French or contemplated by these Terms;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Oh My French Platform’s search results or the search results of any third-party website; or
- Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
- Violate these Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Oh My French Platform, any Products, Services or Content, except as expressly authorized by us;
- Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Oh My French Platform, any Products, Services or Content;
- Reverse engineer any portion of the Oh My French Platform;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Oh My French Platform or on any materials printed or copied from the Oh My French Platform;
- Record, process or mine information about other Users;
- Access the Oh My French Platform by means other than through the public interfaces we provide to you;
- Reformat or frame any portion of the Oh My French Platform;
- Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Oh My French Platform, as determined by Oh My French in Oh My French’s sole discretion;
- Attempt to gain unauthorized access to the Oh My French Platform, Accounts, computer systems or networks connected to the Oh My French Platform through hacking, password mining or any other means;
- Use the Oh My French Platform, any Products, Services or Content to transmit any computer viruses, worms, defects, Trojan horses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of the Oh My French Platform;
- Use any device, software or routine that interferes with the proper working of the Oh My French Platform or otherwise attempt to interfere with the proper working of the Oh My French Platform;
- Use the Oh My French Platform to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Oh My French Platform, Products, Services or Content;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Oh My French Platform, features that prevent or restrict the use or copying of any Products, Services or Content or features that enforce limitations on the use of the Oh My French Platform;
- Authorize any third party to use Oh My French Platforms, including but not limited to Teaching Services, through your Account, or schedule any Teaching Services on behalf of any individuals other than yourself, except that the Company authorizes its Employee to use Oh My French Platforms, and schedule the Teaching Services on behalf of its Employees;
- Schedule and/or provide for any Teaching Service outside of the Oh My French Platform;
- Make, accept, or receive any payment in connection with the Teacher Service outside of the Oh My French Platform; or
- Solicit and/or recruit italki Users to work or study on other software or language learning platforms.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to these restrictions (even if permissible under applicable law). Moreover, Oh My French reserves the right to determine what conduct Oh My French considers to be in violation of these Terms or otherwise outside the intent or spirit of the Oh My French Platform. Oh My French reserves the right to take action as a result of any such violation, which may include terminating your Account and prohibiting you from using the Oh My French Platform in whole or in part.
Users Behavior
Oh My French does not tolerate any of the behaviors described below:
- Spam: Do not send the same message to multiple Users or repeatedly post the same message in posts, exercises, questions or other sections of the Oh My French Platform.
- Commercial Advertisements: Do not contact other Users for commercial purposes without their consent. In addition, do not create posts or comments that are solely for commercial purposes.
- Search for a Romantic Relationship: Do not contact Users for dating, or to find sexual partners.
- Harassment, Bullying, or Stalking: Oh My French may, at its sole discretion, take action on the reports of harassment, bullying and stalking. Repeatedly messaging Users with unwanted friend requests or messages is harassment.
- Impersonation: Do not claim to be another person, or seek to mislead others as to your identity by copying another User’s avatar, using a username that is misleadingly similar to another User or otherwise posing as another User. Do not create a false presence for an organization.
- Personal Information of Others: Do not post on the Oh My French Platform other people’s personal information, such as phone number, private email address, physical address, credit card number, passwords and/or any other similar personal identifiable information.
- Threat of Violence: Do not threaten violence towards other people, or use the Oh My French Platform to organize, promote, or incite acts of real-world violence or terrorism.
- Hate Speech and Offensive Language: Do not post any content, send any messages or otherwise take any actions on the italki Platform that attacks others based on their body size, personal appearance, level of experience, race, ethnicity, nationality, religion, gender, sexual orientation, disability or medical condition.
- Sexually Obscene Content: Do not post any pornographic content, any sexually explicit content or any content that display nudity.
- Pirated Content: Do not post any content infringes any third party’s intellectual property rights.
- Self-Harm: Do not post any content that promotes or encourages self-harm such as self-mutilation, eating disorders, drug abuse or suicide.
- Defamation: Do not post any content on the Oh My French Platform that is intended to, or would reasonably be expected to, harm Oh My French or our brand, including the images and reputations of our employees, agents, and officers.
- Political or Religious Discussions: Do not initiate or participate in discussions or post images that relate to political or religious events or groups. Politics and religion are sensitive topics that often lead to polarizing and hateful comments. It is our position to not have these types of discussions on a site that is meant for language learning.
Termination by You
You may terminate these Terms at any time by closing your Account, discontinuing your use of the Oh My French Platform and deleting the Applications from your device. You have the right to cancel your Account at any time.
Termination by Oh My French
We may suspend, cancel or terminate your Account, suspend your ability to use certain portions of the Oh My French Platform, freeze or confiscate your Coins and/or ban you altogether from the Oh My French Platform for any reason or for no reason, and without notice or liability of any kind. Reasons for such suspension, cancelation or termination may include, but are not limited to, if we believe in good faith that (a) you, a related person, or your Employee (to the extent you are a Company) has engaged in any of the restricted conduct described in the Restrictions or otherwise violated or may have violated these Terms and/or any Policies, or (b) your Account and use of the Oh My French Platform have been inactive for more than twelve (12) months. To the extent that you violate these Terms and we revoke the licenses granted to you, you will lose all benefits and privileges associated with the Oh My French Platform. We are under no obligation to compensate you for any such losses.
We reserve the right to stop making available any one or more of the Oh My French Platform, at any time, whether on a temporary or permanent basis and without any liability, compensation, refunds or other compensatory benefits to you. Your license to the Oh My French Platform automatically ends when we terminate access to such Oh My French Platform. Any such action could prevent you from accessing your Account, the Oh My French Platform, any Content, or any other related information.
Last Update : 15 сентября, 2021
Introduction to Terms of Payment
These terms and conditions (“Terms of Payment”) govern the Payment Services between you and Oh My French (Oh My French is hereinafter referred to as “Oh My French”, “we”, “us”, or “our”). Oh My French will handle any and all payments and payouts conducted through or in connection with the Site, Application, Products or Services (“Payment Services”).
These Terms of Payment constitute a binding legal agreement between you and Oh My French.
YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE PAYMENT SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF PAYMENT. IF YOU DO NOT AGREE TO THESE TERMS OF PAYMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PAYMENT SERVICES.
“Oh My French Coins” – Oh My French Coins are a virtual currency purchased on Oh My French. They can be used solely on the Site or Application to purchase Products and Services and have no value outside of Oh My French. All Services, Products on the Site or Application at the exception of Memberships are paid for with Oh My French Coins.
“Content” – Oh My French Content is the content Oh My French publishes for learning or teaching purposes including but not limited to podcasts, videos, press articles, stories.
“Premium Content” – Oh My French Premium Content is the content Oh My French publishes for learning or teaching purposes including but not limited to podcasts, videos, press articles, stories and requires a Membership.
“Lesson Fees” – Lesson Fees are the amounts that are due and payable by a Student for confirmed language lessons that have been given by a Teacher. Oh My French is responsible setting the Lesson Fees.
“Membership” – A membership defines any purchase of any subscription on the Site, Application or other Oh My French services to get access to Oh My French Premium Content.
“Payment Method” – Payment Method is the service that a Student uses to purchase Oh My French Coins. Examples of payment methods are credit card, debit card, or PayPal.
“Service Fees” – Service Fees are the fees Oh My French charges to the Teacher when using Oh My French Services.
“User Wallet” – A User Wallet is a virtual wallet created by a User to purchase Oh My French Coins that will be spent on Oh My French. Oh My French Coins in a User Wallet can be used to pay for Teaching Services, Products and other Services offered by the Site or Application. A User may add Oh My French Coins to their User Wallet by any of the payment methods available on the Site or Application.
Teaching Services
Teaching Services can be cancelled or rescheduled any time up to 24 hours before the Teaching Services are due to start and rescheduled thereafter. Otherwise, you are liable to be charged the full amount for the Teaching Services, unless the Teacher agrees not to charge you after a formal discussion. We reserve the right for Teachers to charge the cost of the Teaching Services that are cancelled less than 24 hours before its due time, without possibility of this amount being refunded , transferred nor being used for other Products or Services.
You can cancel or reschedule Teaching Services through your Account easily by clicking the corresponding button in your ‘Calendar’ page for the scheduled Teaching Services anytime up to 24 hours before the start of the said Teaching Services.
Failure to Terms of Payment
Failure to use the Payment Services in accordance with these Terms of Payment may subject you to civil and criminal penalties. If you accept or agree to these Terms of Payment on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Payment and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE TEACHERS AND STUDENTS CONNECTING AND BOOKING ONLINE LANGUAGE LESSONS DIRECTLY WITH EACH OTHER, AS WELL AS TO FACILITATE THE PAYMENT OF PRODUCTS AND SERVICES FOR LEARNING PURPOSES. OH MY FRENCH CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY USER PROFILES AND IS NOT RESPONSIBLE FOR THE METHODS, MATERIALS, ONLINE DELIVERY TOOLS AND ALL ASPECTS OF THE TEACHER SERVICES. OH MY FRENCH IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY TEACHING SERVICES. ACCORDINGLY, ANY PAYMENT SERVICES WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
In case Oh My French decides to suspend or terminate your Account because of breach of any of our policies, you understand and agree that you shall receive no refund or exchange for any unused lessons or any portion of the Products and Services, any content or data associated with your Account, or for anything
else.
Subscription Services
Oh My French provides a personalized subscription service that allows our members to access premium content (“Premium Content“) published by Oh My French on the Site, Application and other Oh My French services.
Membership
Your Oh My French membership will continue until terminated. To have access to Premium Content, you must have Internet access and provide us with one or more Payment Methods. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method.
Oh My French can determine or change the price and/or the duration of its Membership plans at any given time without having to notify the Users of this change. These changes will be applied to new subscriptions only and will not change the terms of current active Memberships.
Billing Cycle
The Membership fees will be charged to your Payment Method on the specific payment date indicated on the “Settings” page after logging in to your account. The length of your billing cycle will depend on the type of subscription you chose when subscribing to a Membership.
Payment Method
To subscribe to a Membership you must provide one Payment Method and authorize us to charge the Payment Method associated to your account. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.
Updating your Payment Method
You can update your Payment Methods by going to the “Settings” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method.
Cancelation
You can cancel your Oh My French Membership at any time, and you will continue to have access to Oh My French Premium Content until the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused Oh My French Premium Content. To cancel, go to the “Settings” page and follow the instructions for cancelation. Your access to Oh My French Premium Content will end at the end of your Membership period.
Oh My French Content
The Oh My French Content and Premium Content are for your personal and non-commercial use only and may not be shared with individuals. During your Membership, we grant you a limited, non-exclusive, non-transferable right to access the Oh My French Premium Content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Services) content and information contained on or obtained from or through the Oh My French Platform. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on the Site, Application or other Oh My French services; use any robot, spider, scraper or other automated means; decompile, reverse engineer or disassemble any software or other products or processes accessible; insert any code or product or manipulate the content of the Oh My French Platform in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Oh My French Platform, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Services or are engaged in illegal or fraudulent use of the service.
Last Update : 15 сентября, 2021