This payment policy ("Payment Policy") governs the Payment Services (as defined in The Learner Club Terms) provided by The Learner Club to you. Capitalized terms (including the term "The Learner Club") used but not defined in this Payment Policy have the meanings ascribed to such terms in our Terms of Service, which is available at https://www.thelearnerclub.com/terms-and-conditions (the "The Learner Club Terms").

 

"Lesson Fees" "Session Fees” "Class Fees” "Course Fees” or "Package Fees" means the amounts that are due and payable by a Learner / Client for confirmed language / subject / skills lessons that have been given by an Instructor / Coach. The Instructor / Coach alone, and not The Learner Club, is responsible setting the amount of the Lesson Fees / Session Fees / Class Fees or Package Fees. "Service Fees" means the fees The Learner Club charges to the Instructor / Coach when using The Learner Club Connection Services. "Learner / Client Virtual Wallet" means the optional place to store monies that a Learner / Client transfers from their own outside financial means to their The Learner Club accounts to purchase lessons / sessions / classes / courses through The Learner Club platform. The money in a Learner / Client Wallet can be used to pay for Instructor / Coach Services provided by Instructor / Coaches, and other services offered by or through The Learner Club Platform. "Payment Method" means a method or service available on The Learner Club Platform for a Learner / Client to purchase lessons / sessions / classes / courses through The Learner Club platform, such as credit card, debit card, PayPal, or Stripe. "Instructor / Coach Virtual Wallet" means the place an Instructor / Coach receives payment for lesson / session / class / course Instructor / Coach Services purchased by another Member. Monies from this virtual wallet can be withdrawn on request no more than once a week, through either Stripe or Paypal. "Withdrawal Method" means a method or service available on The Learner Club Platform for an Instructor / Coach to receive cash in the exchange for completion of Instructor / Coach services such as PayPal, and other third-party payment providers.

 

Upon confirmation of Instructor / Coach Services, time, and price by both the Learner / Client and the Instructor / Coach, such Learner / Client and Instructor / Coach shall be considered as entering into a contract, pursuant to which the Learner / Client agrees to purchase, and the Instructor / Coach agrees to deliver, the Instructor / Coach Services (the "Lesson Contract"). You agree not to enter into any contractual provisions that conflict with The Learner Club Terms or other The Learner Club Policies. The Learner / Client and Instructor / Coach each covenant and agree to act with good faith and fair dealing in performance of the Lesson Contract. Furthermore, the Learner / Client and Instructor / Coach each acknowledge and agree that the value, reputation, and goodwill of The Learner Club Platform depends on their performance of the foregoing covenants and agreements. The Learner / Client and the Instructor / Coach therefore agree that The Learner Club has the right to take such actions with respect to the Lesson / Session / Class / Course Contract, including without limitation suspension, termination, or legal actions, as The Learner Club in its sole discretion deems necessary to protect the value, reputation, and goodwill of The Learner Club Platform.

 

For Learner / Clients, you must use make payments through The Learner Club to purchase Instructor / Coach Services from an Instructor / Coach. Payments can be made through PayPal or other third-party payment providers. The Learner Club provides each Learner / Client with a Learner / Client Virtual Wallet. The Learner / Client may choose to transfer money to this virtual wallet and then redeem the monies in the wallet against any chosen Instructor / Coach service.

 

In order to acquire Instructor / Coach Services, by providing The Learner Club with the required information for the applicable Payment Method, you authorize us to charge for the amounts you selected on the payment page of your The Learner Club Account. Following a successful transaction, you will have purchased the chosen Instructor / Coach Service. If you choose to transfer first to your Learner / Client Virtual Wallet, following a successful transaction you will be able to then use the monies within this wallet to purchase your chosen Instructor / Coach Service. You acknowledge and agree that money you transfer will will be used to pay The Learner Club or Instructor / Coach for the services on The Learner Club Platform. If you are a Company, The Instructor / Coach Services acquired by you may be allocated between the Company Employees’ The Learner Club Account.

You may cancel your class / session purchases at any time with the following caveats: One-to-one lessons / sessions may be rescheduled more than 1 hour before the start time with no charge. One-to-one lessons / sessions cancelled more than 24 hours before the start time incur a 50% fee of the lesson price (the learner / client booking the lesson / session will receive 50% of the value of the lesson purchased as a refund). One-to-one lessons / sessions cannot be cancelled less than 24 hours before the start time. One-to-one lessons / sessions cancelled less than 24 hours before the start time incur a 100% fee of the lesson price (the learner /client booking the class will receive 0% of the value of the class purchased). Group classes / sessions and packages may only be rescheduled by the instructor /coach. Group classes / sessions and packages may be rescheduled, by the instructor / coach, at any time. Group classes / sessions and packages may be cancelled by the instructor / coach more than 24 hours before the start time. Group classes /sessions and packages cannot be cancelled less than 24 hours before the start time, they can only be rescheduled. If the instructor / coach has created a package of classes / sessions (group package), if the first class / session has taken place, the subsequent class(es) in the package cannot be rescheduled or cancelled. All classes / sessions purchased will stay in your The Learner Club account for 6 months. After 6 months your classes will expire with no refund. Classes may be used with any instructor / coach of your choice.

When purchasing Instructor / Client Services through The Learner Club platform, you may be charged additional fees by the third party that provides the applicable Payment Method. As an Instructor / Coach who wishes to withdraw from their Instructor / Coach Virtual Wallet, you may be charged additional fees by the third party that provides the applicable payment method. These fees are not under The Learner Club's control, and The Learner Club disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions, which we recommend that you review before using such Payment Method.

As with 3.2. You may cancel your class / session purchases at any time with the following caveats: One-to-one lessons / sessions may be rescheduled more than 1 hour before the start time with no charge. One-to-one lessons / sessions cancelled more than 24 hours before the start time incur a 50% fee of the lesson price (the learner / client booking the lesson / session will receive 50% of the value of the lesson purchased as a refund). One-to-one lessons / sessions cannot be cancelled less than 24 hours before the start time. One-to-one lessons / sessions cancelled less than 24 hours before the start time incur a 100% fee of the lesson price (the learner /client booking the class will receive 0% of the value of the class purchased). Group classes / sessions and packages may only be rescheduled by the instructor /coach. Group classes / sessions and packages may be rescheduled, by the instructor / coach, at any time. Group classes / sessions and packages may be cancelled by the instructor / coach more than 24 hours before the start time. Group classes /sessions and packages cannot be cancelled less than 24 hours before the start time, they can only be rescheduled. If the instructor / coach has created a package of classes / sessions (group package), if the first class / session has taken place, the subsequent class(es) in the package cannot be rescheduled or cancelled.

As a Learner / Client, when you confirm a Lesson was successful, you may be asked to leave feedback and a rating for the Instructor / Coach. Leaving feedback or a rating is optional. However, if you do so, you agree that your feedback must be genuine and honest, and will not commit fraud, spam, insult, harass, threaten, or otherwise misuse the feedback system. You agree to report violations or abuses of our rating and feedback system by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system.

 

For Instructor / Coaches, you must make a request to withdraw money from your Instructor / Coach Virtual Wallet for your purchased Instructor / Coach services in order to be paid. The Learner Club provides each Instructor / Coach with this "Instructor / Coach Virtual Wallet" to hold payments from Learners / Clients for your Instructor / Coach Services.

Instructor / Coaches will receive requests for Lessons from Learner / Clients ("Lesson / Session Requests"). By accepting a Lesson / Session Request, you agree to provide the Lesson to the Learner / Client at the date and time as described in the applicable Lesson / Session Request. You can choose to decline any Lesson / Session Request / Ask the Learner / Client to reschedule.

As an Instructor / Coach, you acknowledge and agree that The Learner Club may in its sole discretion cancel a confirmed Lesson Request pursuant to The Learner Club Terms and other The Learner Club Policies. You further acknowledge and agree that The Learner Club and the relevant Learner / Client will not have any liability for such cancellations or refunds.

The Learner Club pays out 85% of monies earned from each lesson / session (one-to-one classes) and 85% of monies earned from each group class / package to instructors / coaches and keeps 15% to keep the site in operation The balance shown in the Instructor / Coach Wallet is the full balance after all fees have been deducted. Amounts may be rounded up or down as described the "Rounding Off" section below.

Instructor / Coaches shall not to engage in any action or activity meant to circumvent the Commission Fees, with such actions or activities including, but not limited to, the following: (i) suggesting, soliciting, or accepting payment outside of The Learner Club Platform, or by other means other than through the Payment Services; or (ii) reporting or listing an inaccurate price for a Lesson on The Learner Club Platform, or charging a fee for a Lesson / Session that is different from the amount agreed between Learner / Client and Instructor / Coach.

When withdrawing money from your Instructor / Coach Virtual Wallet, you may be charged additional fees by the third party that provides the applicable Withdrawal Method. These fees are not under The Learner Club's control, and The Learner Club disclaims all liability in this regard. Whatever Withdrawal Method you use may be subject to additional terms and conditions, which we recommend that you review before using such Withdrawal Method.

If The Learner Club determines that an Instructor / Coach's actions may have resulted or will result in a significant number of disputes, refunds or other claims from Learner / Clients who purchased such Instructor / Coach’s Lessons, The Learner Club reserves the right to delay or stop the disbursement of all funds accrued in such Instructor / Coach's Instructor / Coach Wallet. If The Learner Club reasonably concludes that an Instructor / Coach has violated The Learner Club Terms or other The Learner Club Policies, The Learner Club may refuse to disburse the funds accrued in such Instructor / Coach's Instructor / Coach Wallet and debit such funds from the Instructor / Coach Wallet.

The Learner Club may, in its sole discretion, round up or round down amounts that are payable from or to Instructor / Coaches or Learner / Clients to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar); for example The Learner Club may round up an amount of $101.50 to $102.00, and may round down an amount of $101.49 to $101.00.

 

An Instructor / Coach may offer Learner / Clients, and Learner / Clients may purchase from an Instructor / Coach, a Group Course or Package, which are taken to mean more than one lesson / session / class so forming a longer Group Course / Package. Learners / Clients are expected to complete all Lessons in the Group Courses / Packages within six (6) months of the purchase date (the "Package Expiration Date").

 

Instructor / Coaches shall be solely responsible for determining their applicable tax related duties in connection with the income obtained from their Instructor / Coach Services, and shall also be solely responsible for remitting to the relevant authority any applicable taxes that need to be paid. The Learner Club cannot and does not offer tax-related advice to any Members.

You acknowledge that: (1) The Learner Club is not a bank, and Learner / Client Wallets and Instructor / Coach Wallets are a payment service rather than a banking service; and (2) The Learner Club is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (3) THE LEARNER CLUB IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN LEARNER / CLIENT WALLETS OR INSTRUCTOR / COACH WALLETS ARE NOT INSURED DEPOSITS.

The Instructor / Coach Services on the Learner Club, and payments made and stored in the Virtual Wallet are tied to US Dollars. The Learner Club is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is The Learner Club responsible for currency fluctuations that occur when receiving or sending payment via third party payment services when purchasing Instructor / Coach Services through The Learner Club or withdrawing funds from the Instructor / Coach Virtual Wallet balance.

 

As a security measure, The Learner Club may impose transaction limits on some or all Learner / Clients and Instructor / Coaches relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will impose these limits before any services are rendered if we determine it is necessary for security reasons or the prevention of fraud. The Learner Club reserves the right to void payment for Instructor / Coach Services through The Learner Club if purchases are found to be fraudulent. This includes Instructor / Coach Services through The Learner Club that have been redeemed from fraudulent The Learner Club gift card purchases.

The Learner Club reserves the right to seek reimbursement from any Instructor / Coach or Learner / Client, if The Learner Club, in its sole discretion, determines that erroneous or duplicate transactions have occurred. The Learner Club may obtain such reimbursement by deducting from future payments owed to such Instructor / Coach, by reversing any payment for Instructor / Coach Services to their The Learner Club Instructor / Coach Virtual Wallet, or by seeking reimbursement from such Instructor / Coach by any other lawful means.

"Friendly Fraud" is when a person initiates a fraud dispute with a payment provider, claiming that their credit card (or other payment method) was not intended to be used. Because The Learner Club does not offer refunds in accordance with Section 3.4 above, users that disagree with the policy have tried to use Friendly Fraud to receive a refund. This type of behavior is illegal and prohibited by all payment providers. The Learner Club also strictly opposes Friendly Fraud. If Friendly Fraud is discovered, the Learner / Client's The Learner Club Account and Learner / Client Wallet will be deactivated, and the Learner / Client will be noted as a financial security risk. In the case of honest mistakes, The Learner Club can reverse the transaction. We strongly advise Learner / Clients to contact The Learner Club Customer Service to resolve any financial disputes.

 

In addition to complying with the restrictions regarding improper use of The Learner Club Platform described in Restrictions of The Learner Club Terms, you understand and agree that you are solely responsible for compliance with any applicable laws, rules, regulations, and tax obligations that may apply to you in connection with the use of the Payment Services. In addition, you may not and you agree that you will not: Violate any local, state, provincial, national, or other law or regulation, or any order of a court, such as money laundering and internet fraud or theft; Use the Payment Services for any commercial or other purposes that are not expressly permitted by this Payment Policy; Use the Payment Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers, or photographs of others without their permission; Register any Payment Method or Withdrawal Method with your The Learner Club account that is not yours or you do not have authorization to use; Attempt to probe, scan, or test the vulnerability of any The Learner Club system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by The Learner Club or any other third party (including another Member) to protect the Payment Services; Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Payment Services to send altered, deceptive or false source-identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Payment Services; Use credit cards or other payment methods fraudulently; Advocate, encourage, or assist any third party in doing any of the foregoing. The Learner Club has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in this Payment Policy, The Learner Club may take a range of actions against you, including but not limited to limiting access to your The Learner Club Account and any associated Payment Services, for a violation of this Payment Policy.

 

In the event of a disagreement between a Instructor / Coach and a Learner / Client, The Learner Club encourages the Instructor / Coach and Learner / Client to communicate directly and attempt to resolve the disagreement. If an Instructor / Coach and Learner / Client are unable to resolve a disagreement and The Learner Club is asked to mediate, The Learner Club may request that the Instructor / Coach and Learner / Client both provide communication records regarding the dispute, which should show all key relevant information including the time, date and communication details. Although The Learner Club will attempt to evaluate the dispute on an impartial basis, The Learner Club will have the authority to resolve the dispute in its sole discretion, and The Learner Club’s resolution of the dispute will be final. As a result, The Learner Club shall have the right, in its sole discretion: To offer a refund or reverse a transaction. To designate who shall bear the Commission Fee resulting from any such actions.

 

If you wish to report a violation of this Payment Policy, have any questions or need assistance, please contact The Learner Club Customer Service as follows:

Online Support: https://www.thelearnerclub.com/contact

Email: info@thelearnerclub.com