Parties:
BUBULEARN CO. (hereinafter referred to as "Bubulearn"), and a Person purchasing distance tutoring services with a tutor (hereinafter referred to as the "User").
These Terms of Use (“Terms”) govern your use of the BUBULEARN CO. ("Bubulearn," “we,” “us,” or “our”) website and any other website or online service that Bubulearn operates and that links to these Terms (collectively, the “Services”). We provide internet learning resources to connect individuals with participating teachers (the “Tutor”) in real time, via live streaming video and/or secure email for learning over the internet.
Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.
You can review the most current version of these Terms at any time at https://bubulearn.com/onlinereading. Regardless of whether Bubulearn has provided You notice, Your continued use of the Bubulearn website following Bubulearn’s notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms.
By continuing to use this website, You agree to be bound by and accept these Terms, and agree to provide true, accurate, current and complete information in any response that You provide to Bubulearn. If You are dissatisfied with the Bubulearn website, or any of the Terms, guidelines, policies, practices of Bubulearn, or if any future changes are unacceptable to You, Your sole remedy is to discontinue use of the Bubulearn website. The terms of Bubulearn's privacy policy are set forth at https://bubulearn.com/onlinereading. (the “Privacy Policy”), and are incorporated fully herein. The Privacy Policy is subject to change, and You are responsible for checking any such changes. You agree that Bubulearn has the right to monitor the Bubulearn website electronically, from time to time, and to disclose any information necessary to satisfy any law, regulation, or other government request, to operate the Bubulearn website properly, or to protect itself. If you have any questions about Bubulearn’s privacy policy, please contact Bubulearn at info@bubulearn.com.
1. Acceptance and amendment of this Agreement
1.1. By paying for the services for remote learning with a tutor, the User thereby accepts this Agreement completely, implicitly and unconditionally.
1.2. Any User who accepts the Agreement assures Bubulearn of the following circumstances:
1.2.1. the User is an adult (has reached the age of full legal capacity) according to the legislation of his country and has full contractual legal capacity;
1.2.2. if the User is a minor: he is an emancipated minor, or has received the legal consent of a parent or legal guardian or trustee to conclude an Agreement in the form established by applicable law, and has full legal capacity and capacity to contract to conclude and execute this Agreement;
1.2.3. if the User is a parent or legal guardian or a guardian of a minor and enters into an Agreement on his behalf: by giving permission for the minor to use the services, parents and guardians (trustees) agree to the terms of the Agreement on behalf of the minor and are responsible for supervising the use of services by minors.
1.2.4. for the conclusion and implementation of this Agreement by the User, the consent or approval of any third parties is not required. Bubulearn has the right at any time to require the User to provide information and documents confirming the above mentioned assurances about the circumstances, and the User undertakes responsibility to send such information and documents within 14 (fourteen) days from the date of the request to info@bubulearn.com.
1.3. The agreement can be changed:
1.3.1. Bubulearn has the right to change payment terms and rates by publishing new conditions on the Internet at
https://bubulearn.com/onlinereading while the cost of prepaid lessons does not change. Before making a prepayment for additional classes, the User must familiarize himself with the new tariffs and accept the new price conditions by making a prepayment. If the User does not agree with the amended terms, the Agreement between Bubulearn and the User terminates immediately after the end of the lessons for which the prepayment has already been made.
1.3.2. Bubulearn has the right to change other terms of the Agreement by notifying the User by email. The new version of the Agreement comes into force on the fourteenth day after the notification is sent to the User, unless a later date for the entry of changes into force is set. If the User does not agree with the new terms, the Agreement between the User and Bubulearn is considered to be terminated from the date on which the new version of the Agreement would come into force.
1.3.3 The Tutors and Tutor Services
Bubulearn may be used to connect you with a Tutor who will provide services to you through Bubulearn (“Tutor Services”).
The Tutors are independent providers who are neither our employees nor agents nor representatives. Bubulearn’s role is limited to enabling the Tutor Services while the Tutor Services themselves are the responsibility of the Tutor who provides them. If you feel the Tutor Services provided by the Tutor do not fit your needs or expectations, you may change to a different Tutor who provides services through Bubulearn. If a Tutor you have been connected with stops using Bubulearn at any time after you have been connected, we will send an email to notify you that your Tutor is no longer on the Platform and that you have the opportunity to match with a new Tutor.
While we hope the Tutor Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation.
2. Subject of the Agreement
2.1. The subject of this Agreement is the provision of paid services for remote learning with a tutor.
2.2. Bubulearn has the right to engage any individuals and legal entities to ensure the timely provision of quality services under the Agreement.
2.3. Services are provided upon purchase of a package of classes and are provided to the User upon request, subject to the availability of a tutor.
3. Appointment and replacement of a tutor, scheduling classes.
3.1. Bubulearn appoints a tutor at its discretion, taking into account the goals of the User's activities, as well as the periods of time during which the User can study. The User is informed that Bubulearn determines the User's reading level in order to develop a study plan and select a tutor, this assessment is for reference purposes and may differ from the assessment that the User can get from third parties.
3.2. The user has the right to ask Bubulearn to change the tutor and is obliged to state the reasons for this request. Bubulearn considers the request within 48 (forty-eight) hours from the date of receipt and reserves the right to refuse to satisfy it or extend the time for consideration of the request.
3.3. Bubulearn has the right to change the tutor for valid reasons (illness, planned absence, other circumstances) and undertakes to notify the User about this. If the User refuses to change the tutor, the User has the right to suspend the receipt of services under this Agreement.
4. Classes
4.1. All classes are held using Zoom.
4.2. The user agrees that Bubulearn has the right to record audio and video during classes in order to control the quality and improve the quality of service.
4.3. If the tutor fails to contact the User at the scheduled start time of the lesson, the tutor is obliged to send a notification via Whatsapp at the number specified by the User or by email. The lesson is considered to have started as scheduled, regardless of when the connection is established. If, despite the observance of the provisions of this paragraph, the tutor fails to contact the User, the lesson is considered successfully completed and is paid in the amount of 100% of the cost.
4.4. If, within five minutes after the scheduled start of the lesson, the User does not receive a message or email from the tutor, the User is obliged to contact Bubulearn in accordance with clause 12 of this Agreement. The lesson that was not carried out through the fault of the tutor is postponed to another time acceptable to the User.
4.5. A lesson is considered to be conducted properly if, within 1 (one) hour after its completion, the User does not file a complaint with Bubulearn regarding the quality of the lesson or the punctuality of the tutor.
5. Transferring classes and skipping classes
5.1. The user has the right to postpone the lesson 6 (six) hours before the start. Failure to comply with the specified term by the User means that the User agrees to the proposed time for the lesson, and if the User misses the lesson, then the money paid for this lesson will not be refunded.
5.2. The first lesson is free of charge. However, if the User misses or cancels the trial lesson, Bubulearn has the right to refuse to conduct the trial lesson without giving any reason.
6. Technical requirements
6.1 The user is responsible for adhering to the minimum technical requirements throughout the lesson and for the organization of the workplace before the lesson. Bubulearn is not responsible for the failure to provide services or their inadequate quality if the reason is the lack of the necessary software or technical problems with the Internet connection.
6.2. Minimum hardware, device and internet requirements
6.2.1. Requirements for classes on Android for mobile devices (smartphone / tablet):
• Android version (clean): 9 or newer;
• Browsers: current versions of Chrome / Firefox / Opera;
• Internet connection from 10 Mbps.
6.2.2. Requirements for classes on iOS for mobile devices (smartphone / tablet):
• iOS version 13 or newer;
• Browser Safari;
• Internet connection from 10 Mbps.
6.3. To conduct a lesson, the User must provide access to the microphone and camera on his technical device.
7. Terms of service
7.1. We offer a variety of subscription options, each with a different scope of services and prices.
7.1.1.You must select your desired subscription option from the list available on the https://bubulearn.com/onlinereading website.
7.1.2. The terms of your chosen subscription can be found on the Bubulearn website at https://bubulearn.com/onlinereading.
7.2. Subscription options may change from time to time, and you will receive at least 30 days' notice of such changes.
7.2.1. You are entitled to the full scope of the subscription option that existed on the effective date of the specified subscription term during that term.
7.2.2. For any subsequent renewal period, you may choose to accept the revised subscription option, or decline the option and terminate the subscription.
8. Payments
8.1. After registering with Bubulearn, you will need to pay the cost of the lesson plan. During your trial session, the tutor may suggest a subscription option based on their assessment of you or your child's needs. However, you can decide which subscription option is best for you. Tell the tutor which subscription option you choose and your subscription will be updated accordingly. You will be prompted to schedule mutually available time (s) for recurring weekly lessons based on the subscription option you choose. Subsequent lessons will be automatically billed weekly regularly.
8.2. You will be charged for any lesson you do not attend without prior notice to your tutor within 24 hours of your scheduled lesson time. If you were unable to attend the lesson due to extraordinary circumstances, please email us at hello@bubulearn.com or call +18884528166.
8.3 For any lesson that is canceled more than 24 hours before the scheduled time, you will be given a credit that can be used for the next lesson. The loan will be equal to the current rate for the planned services. You can use this credit for 60 days, starting from the time you cancel your lesso. To use this credit, you may want to contact your tutor to find a mutually acceptable time for a lesson.
8.4 If a lesson is canceled because your tutor is unable to arrive at the scheduled time, we will try to reschedule the lesson at a convenient time for you. If we are unable to reschedule the lesson, you will be given a refund of the current rate for the scheduled services.
9. User data
9.1 The user undertakes obligations to provide Bubulearn with all data requested by the Site or by Bubulearn that is necessary to provide the services.
9.2. Bubulearn processes User data in accordance with the Agreement on the processing of personal data, which can be found on the website
https://bubulearn.com/onlinereading and which is incorporated into this Agreement by reference.
9.3. Bubulearn undertakes obligations not to disclose confidential information, provided by the User in connection with the implementation of the Agreement (with the exception of publicly available information or information, provided by the User when registering on the Site), to third parties without the prior consent of the User.
9.4 Bubulearn has the right to use email, phone number, Zoom login and other data provided by the User when registering on the Site to send information and advertising materials to the User, also to inform the User about the activities of Bubulearn and the progress of this Agreement.
8.5 If you are unable to attend your scheduled lesson due to a vacation or another circumstance, you may pause your subscription.
8.6 If you choose to pause your subscription, you will not be eligible to pause your subscription again for a period of 6 months from the date of your first missed lesson. Alternatively, you may cancel your subscription but we cannot guarantee that your assigned tutor or timeslot will be available if you choose to restart your subscription.
10. Confidentiality
10.1. The user undertakes obligations not to disclose confidential information and other data provided by Bubulearn during the execution of the Agreement (with the exception of publicly available information) to third parties without the prior written consent of Bubulearn.
11. Communication
11.1. Cancellation or Postponement Notice:
11.1.1. In the event that Bubulearn changes the class schedule, the User is notified of this by email, as indicated during registration;
11.1.2. To change the schedule of classes, the User is obliged to notify of the transfer or cancellation by email or call the number, specified on the Site
https://bubulearn.com/onlinereading. Calls to cancel or reschedule a lesson are accepted 24 hours a day, 7 days a week.
11.2. In order to change the duration of the lesson (within the options available to Bubulearn Users) or agree to increase the frequency of lessons, change the tutor or suspend lessons, the User must inform about his desire by email or call the number indicated on the Website Site
https://bubulearn.com/onlinereading.
12. Responsibility
12.1. Bubulearn's liability for canceling classes is limited to refunding the amount paid for the class or rescheduling the class.
12.2. Bubulearn's liability for the provision of services in other cases is limited to the cost of the current package of classes selected and paid by the User.
12.3. The Parties shall not be liable for violation of their obligations under the Agreement if such violation was the result of circumstances or events that the violating Party could not reasonably expect (force majeure circumstances), including floods, other natural disasters, military actions, decisions and actions of state authorities or other events. A proper confirmation for the Parties of the existence of force majeure circumstances and their duration is a certificate issued by the authorized body.
12.4. Bubulearn has the right to refuse to provide services if it has reasonable grounds to believe that the User:
12.4.1. Behaved inappropriately during the lesson (for example, rude to the tutor);
12.4.2. Violates the terms of the Agreement.
12.5. When providing the User with additional activities as a bonus or encouragement, the User cannot claim monetary compensation if such an additional lesson was not conducted for any reason, or if the User refuses such an activity. Such additional bonus classes are held after completing all paid classes by the User.
12.6. If:
12.6.1. The user did not use the gift certificate for the Bubulearn classes within the time specified in the certificate, or
12.6.2. within 12 (twelve) months after payment, the User takes fewer classes than the maximum number of classes provided for by the subscription package chosen by him, Bubulearn services are considered to be rendered properly, and the User is not entitled to a refund.
13. Termination of Agreement. Termination of participation in the Agreement
13.1. The user has the right to terminate this Agreement unilaterally by notifying Bubulearn in writing of his intention to terminate the Agreement and the reasons for termination. Bubulearn will consider the issue of returning to the User the funds previously paid by the User in an amount equal to the cost of services not provided by Bubulearn, but provided that Bubulearn retains the costs of processing payments incurred by it, in the amount of 5%.
13.2. In case of a positive decision, the refund is made within 10
(ten) calendar days from the date of termination of the Agreement. If there is a complaint about the quality of the services provided, such a complaint is considered by Bubulearn within 10 calendar days. To receive a refund, the User fills out an application for a refund in the form provided by Bubulearn, signs it and sends an electronic copy of it along with an electronic copy of the first page of the User's ID. Upon return, the User does not reserve the right to bonus classes provided to him and not used from the moment of any payments for the Services or as part of marketing campaigns. The user cannot receive a refund for unused bonus activities.
13.3. If the User decides to resume classes after termination
Agreement, the cost of classes is determined in accordance with the prices in force at the time of renewal. Bubulearn has the right to leave the prices for the User valid until the renewal date if Bubulearn did not return the fee for a lesson that was not held due to termination of the Agreement.
14. Legal disputes and arbitration agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
14.1 Initial Dispute Resolution. We are available by email at info@bubulearn.com to address any concerns you may have regarding your use of this Website or Services. Many concerns may be quickly resolved in this manner. Each of You and Bubulearn agree to use best efforts to settle any disputes, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
14.2 Agreement to Binding Arbitration. If we do not reach an agreed upon resolution within a period of thirty (30) days from the time the informal dispute resolution is pursued pursuant to Section 14.1 above, then either party (You or Bubulearn) may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of this Website shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at his, her or its own expense. The parties shall select a single neutral arbitrator in accordance with JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation or these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings or conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Federal Arbitration Act.
14.3 Class Action and Class Arbitration Waiver. You and Bubulearn each further agree that any arbitration shall be constructed in your respective individual capacities only and not as a class action or other representative action, and you and Bubulearn each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in this Section 14 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
14.4 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 14 by sending written notice of your decision to opt-out to the following email: info@bubulearn.com. The notice must be sent within thirty (30) days of registering to use this Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we will also not be bound by them.
14. 5 Disclaimer of Warranty and Limitation of Liability
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE TUTOR SERVICES OR BUBULEARN, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY TUTOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE BUBULEARN.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT BUBULEARN IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF BUBULEARN WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
15. Choice of law and forum
To the extent that the arbitration provisions set forth in Section 14 do not apply, or if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 15, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Broward County, Florida (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Broward County, Florida for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Use, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
16. Miscellaneous provisions
16.1. If any provision of the Agreement is declared invalid, void or unenforceable, all other provisions of the Agreement remain valid and enforceable in full.
16.2. Bubulearn has the right to assign this Agreement to third parties, and the User hereby agrees to such an assignment. Contacts for communication on the Site
https://bubulearn.com/onlinereading.
17. Corporate details
BUBULEARN CO.
2500 PARKVIEW DR,
HALLANDALE BEACH, FL. US 33009
EIN 861928915
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Fourth day of February, 2021