TERMS OF SERVICE
These Terms of Service (hereinafter referred to as the "Terms”) shall govern the relationship between Accent Inclusive LLC, a limited liability company incorporated in Texas, USA, and having its registered office at 5900 Balcones Drive, STE 100, Austin, TX 78731 (hereinafter referred to the "Company” or "AI” or "us” or "our” or "we”) and you (hereinafter referred to "you” or "your” or "user” or "users” or "students” or "tutor”) and shall also govern your use of www.accentinclusive.com (hereinafter referred to as the "Website” or "Site”), including any content, functionality and services offered on or through the Website.
THESE TERMS OF SERVICE ALSO INCLUDES A BINDING ARBITRATION CLAUSE (SECTION 18) ON AN INDIVIDUAL BASIS TO RESOLVE THE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ THESE CAREFULLY.
1. Acceptance of the Terms of Service
By accessing or using or registering or listing or purchasing any services on our Website in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
ii. You are of sound mind and at least of such minimum legal age as per the jurisdiction in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the jurisdiction that you reside in, then you must have the permission of your lawful guardian to use and access or purchase the services on the Website.
iii. We must not have previously disabled your account for violation of law or any of our policies.
2. Accounts, Passwords and Security
a) Account Registration: To access various parts of the Website, and to avail various services, you will be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
c) Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
d) Tutor Verification: Although we owe no obligation, we reserve the right to verify the information or documents (if any) provided or submitted by you in the process of registering as a buddy/instructor/tutor. You shall provide true, accurate and complete information, whenever and wherever asked. This is important for us to build a trustworthy platform.
e) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of any or all of the Services.
3. Description of Services
a) Services: Accent Inclusive (AI) is an international platform for native English speakers and accented English speakers who wish to improve their conversational skills, to connect in a safe online environment. AI aims to help eliminate communication barriers between native English speakers and accented English speakers by offering the latter live video lectures designed to improve their communication skills. AI also invites native English speakers to improve their listening skills as they interact more with a variety of accents. AI connects the user with an authentic Native English speaker (via video conversation and shadowing) who will show how to mimic the correct speech pattern, in a friendly and safe setting to foster assimilation. Besides learning the elements of spoken English, the users also get exposed to the important gestures and body language used to convey information while speaking. The user may browse through thousands of native English-speaking instructors and select the one who matches their budget. AI has instructors for every English accent, be it American, British, or Canadian. ("Services”)
b) Access to Services: The learners as well the instructors are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
4. How should Tutors/Instructors price their lessons?
Although the Tutors do not need teaching certification to tutor on AI. However, Tutors should price their lesson sessions based on the following three tiers:
1) Tier 1: Social Communication Buddy - Buddy to help with everyday social conversations
i. 18 years and above;
ii. Minimum of a high school diploma;
iii. Have an American, a British, or a Canadian accent that’s understandable to most people who understand English;
iv. Must be able to utilize Skype Video Calls, Zoom, or any other required video platform and have a strong internet connection with minimum uploading speed of 5MB/s;
v. Understanding of, and sensitivity to the diverse academic, socio-economic, ethnic, religious and cultural backgrounds, disability, and sexual orientation of our community members.
2) Tier 2: Education/Work Communication Buddy (buddy to help with professional conversations)
i. 18 years and above;
ii. Minimum of bachelor’s or equivalent;
iii. Bachelor’s degree in Linguistics/English preferred;
iv. Have an American, a British, or a Canadian accent that’s understandable to most people who understand English;
v. Must be able to utilize Skype Video Calls, Zoom, or any other required video platform and have a strong internet connection with minimum uploading speed of 5MB/s;
vi. Understanding of, and sensitivity to the diverse academic, socio-economic, ethnic, religious and cultural backgrounds, disability, and sexual orientation of our community members.
3) Tier 3: Accent Plus Buddy (Buddy to help with adding a secondary accent)
i. 18 years and above;
ii. Minimum of bachelor’s or equivalent;
iii. Bachelor’s degree in Linguistics/English preferred;
iv. Bachelor’s degree in education, English, linguistics, applied linguistics, any foreign language, composition, bilingual/bicultural studies, reading, or speech; and a certificate in teaching English as a second language are acceptable;
v. Or training from an acting conservatory/ vocal related degree/certification;
vi. Have an American, a British, or a Canadian accent that’s understandable to most people who understand English;
vii. Advantage: Can speak another foreign language in addition to English;
viii. Advantage: Ability to mimic and understand foreign accents’ mechanics (Such as Russian, Chinese, Indian, African, etc.);
ix. Must be able to utilize Skype Video Calls, Zoom, or any other required video platform and have a strong internet connection with minimum uploading speed of 5MB/s;
x. Understanding of, and sensitivity to the diverse academic, socio-economic, ethnic, religious and cultural backgrounds, disability, and sexual orientation of our community members.
5. Use of the Site
i. Allowed uses:
a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.
b) Information: Whenever prompted, you must provide us with the correct, accurate and updated information, including but not limited to your name, background, education, qualification, experience, billing details, email, etc.
c) Material: For the purposes of these Terms, "material” shall mean any text, video, graphics and sound material, published on the Website, whether a copyright of AI, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have expressly indicated that you may do so.
ii. Restricted uses:
a) You cannot transfer the Services or otherwise make it available to any third party;
b) You cannot provide any service based on the Services without our prior written permission;
c) You can’t impersonate others or provide inaccurate information.
d) You must not misuse or interfere with the Services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
e) You must not:
· republish material from this Website;
· sell, rent or sub-license material from the Website;
· show any material from the Website in public without our consent;
· edit or otherwise modify any material on the Website (other than editing your own information as per the method provided);
· reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose;
· redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
· infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
· We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our sole discretion.
f) You must not use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of AI;
g) You must not use the services for transmitting information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
h) You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
i) You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
j) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.
6. User Conduct
a) Requesting or providing email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of AI in order to circumvent the AI platform is not permitted.
b) AI does not provide any guarantee of the level of service or tutoring offered to users by the tutors or instructors.
c) AI does not provide protection for users who interact outside of the AI platform.
d) Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
e) AI is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
f) Users may not submit proposals or solicit parties introduced through AI to contract, engage with, or pay outside of AI.
g) If you come across any content that may violate our Terms of Service, you should report it to us. In case of your violation or non-compliance of any of the terms mentioned in this Terms of Service, we reserve the right to suspend or terminate your account or your access to the Website or our services, at our sole discretion.
7. Spamming and other Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another's privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, pedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
8. Intellectual Property and Ownership Rights
a) AI’s Rights: This Website, its content, Services, graphics, trademark, tradename, trade dress, logos, and other elements of the Website shall remain the sole property of AI. Your use of or access to this Website shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website or any content published by us or our licensors or third parties. This Website, services, platform, and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to the AI and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website may be made without the prior written permission of the AI.
b) License: Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable, freely revocable license to use the Services for your personal, non-commercial use and not for resale or further distribution and only as permitted by the features of the Service. AI reserves all rights not expressly granted herein in the Services and the content of AI. AI may terminate this license at any time for any reason or no reason.
c) Information and Content Submitted by You:
i) The information and data that you submit or provide while creating an account on the Website, or while using our Services, or while submitting a introductory video, optional lesson plan, flashcards, response to blog post, shall at times remain yours. You own the intellectual property rights in any such information and content. Nothing in these Terms takes away the rights you have to your information or data. You are free to use or share your data or information for any purpose and with anyone else, wherever you want.
ii) However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use some of this information and content. This is solely for the purposes of providing and improving our Services.
iii) Specifically, when you share a content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, copy, publicly perform or display, and translate your content.
iv) You can delete your content or your account from our Website at any time.
10. Links to Third-party Sites
11. Payment, Refund and Reschedule
b) Payment Terms, Refund and Reschedule: We charge a commission from the earnings of the tutors. Refunds are not permissible in the original payment method, however, under certain circumstances partial or complete refunds can be granted to the user as AI credit. To get more information on payment terms, refunds and re-schedules, please refer to our detailed Payment Terms here.
12. Deletion of Account
You may cancel or delete your AI account at any time; however, there you acknowledge that there are and will be no refunds upon cancellation or deletion. To the fullest extent permitted by the applicable law, the refunds (if any) are processed at our discretion (and in accordance with our Payment Terms) and only in the form of AI credit for our Services. In the event that AI suspends or terminates your account for the violation of these Terms or other policies of AI, you understand and agree that you shall not be entitled to any refunds.
The tutors/instructors/buddies providing services on our platform, are independent parties, and are in no way connected to us, in any manner whatsoever. Neither do we solicit such tutors/instructors/buddies or their services, nor do we provide any guarantee or warranty in terms of their qualification, experience, skills or expertise or quality of their services or your satisfaction resulting from their services. The site is provided on an "as-is” and "as available” basis, and AI (and our licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement. We (and our licensors, affiliates and vendors) make no warranty that the Site or Services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, or safe.
14. Limitation of Liability
To the maximum extent permitted by law, in no event shall the Company (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or purchase from, the site, even if AI has been advised of the possibility of such damages. Access to, and use of, the Site and Services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
You acknowledge to defend, indemnify and hold AI, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as "Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
a) Your violation of the license granted to you through Services, or violation of our intellectual property rights.
b) Your violation of any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights, including content the user distributes through the services;
c) Your wrongful or improper use of our Services or Site;
d) Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our Services;
e) Your violation of these Terms or any other policy of AI as associated with our services;
f) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
16. Digital Millennium Copyright Act (”DMCA”) Notice
a) DMCA Compliance:
Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that you believe to be residing on the Site, system or network should be promptly sent in the form of written notice to our designated agent:
Designated Agent (the "DMCA Agent”) for DMCA Notices:-
Accent Inclusive: 5900 Balcones Drive, STE 100 Austin , TX 78731
Note:- You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
b) Filing a DMCA Notice:
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
· Signature of copyright owner or person authorized to act on behalf of the owner;
· Identification of copyrighted work claimed to be infringed;
· Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
· A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. However, there are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).
c) Filing a DMCA Counter-Notification:
If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)).
A valid counter-notification must be a written communication that includes all of the following elements:
· A physical or electronic signature;
· Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
· A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
· Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.
d) Repeat Infringer Policy:
Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances.
17. Disputes between Learners and Tutors
Whenever there arises a dispute between the learner and the tutor in relation to the Services, AI encourages that you resolve such dispute amongst such learner or tutor, as the case may be. However, in case your dispute remains unresolved, you may contact us at email@example.com, and we may take action according to our Terms of Service, at out sole discretion.
18. Governing Law and Dispute Resolution
ii. Dispute Resolution:
a) Amicable Resolution: If in case, any controversy, conflict or dispute of any nature arises between the user and AI, in connection with the provisions of these Terms, or out of or relating to or in connection with the use of our Website or Services, the parties shall spend at least 15 days to try and use all means to amicably resolve that dispute or conflict or controversy, with mutual discussions.
b) Binding Arbitration: If however, the attempt to settle such a dispute amicably fail, then such controversy, conflict or dispute between the user and AI, shall be submitted to the binding expedited Arbitration, to be presided over by a sole Arbitrator, which is to be appointed by AI. The Arbitrator so appointed shall decide the rules of the Arbitration proceeding. The language of Arbitration proceedings (including that of any documents to be submitted therein) shall be English and the seat shall be at Texas, USA.
c) Cost and Expenses: The parties to the Arbitration proceedings shall mutually bear all the costs and expenses relating to the appointment of Arbitrator, and of the Arbitration proceedings.
d) Challenge to the Arbitration: In case of any dispute as to the Arbitration clause above or in case of enforcement of the Arbitration award, and in any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Texas, USA.
iii. Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and AI are instead electing that all claims and disputes arising out of or in relation to this Agreement between you and AI, shall be resolved by arbitration as mentioned in these Terms.
iv. Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the applicable courts situated in the Texas, USA. All other claims shall be arbitrated.
v. Survival: The Arbitration Agreement mentioned in these Terms will survive the termination of your relationship with AI.
When you use the Website or send emails to AI, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. AI will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to firstname.lastname@example.org
i. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
ii. Waiver: Our failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and You or any other party be deemed to modify any provision of these Terms.
iii. Survival: Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Service, for any reason whatsoever.
iv. No Assignment: You may not assign these Terms of Service or the Payment Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of AI, which may be withheld at AI’s sole discretion. Any attempted assignment that does not comply with these Terms of Service shall be null and void.
vi. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
vii. Force Majeure: AI and its licensors will be excused from performance for any period during which, and to the extent that, it is prevented from performing any obligation or Service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
21. Grievance Officer/Designated Representative
· Rita Bokesh
22. Feedback and Information
We welcome your questions or comments regarding the Terms of Service. You can write to us via email: email@example.com
Last updated by on 06/18/2021.