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Nutzungsbedingungen
Last Updated: March 8th, 2024
These Terms of Use ("Terms of Use") constitute a binding agreement between you and PassionClass and govern your authorization to use PassionClass's websites, applications, and other offerings, collectively referred to as the "PassionClass".
A Course Provider provides a course or other learning opportunity ("Course”), with each service being considered an advertisement ("Ad") for Course Participants. Registration of a PassionClasser's account may be required to use certain functions of PassionClass. The information in your account must always be correct. As the operator of PassionClass platform, PassionClass is neither the owner, provider nor administrator of the Course Provider Services and Ads. PassionClass is not a party to contracts concluded directly between Course Providers and Course Participants. PassionClass serves as a marketplace and payment facilitator in connection with the contract between Course Providers and Course Participants. Payments from Course Participants are processed via the PayPal system. You can find the PayPal Acceptable Use Guidelines here. Please also refer to PayPal's website for their most up-to-date terms and conditions of payment processing.
In addition to these Terms of Use, our Privacy Policy applies, which explains the collection and use of personal data.
As a Course Provider, you can use the PassionClass platform to offer your Course(s) to our vibrant community and generate additional income in the process. We encourage you to design a class about a topic you know well and teach the class online. Courses must be taught live and cannot be pre-recorded. You have the flexibility to design Courses and you control when and how you run your Courses. You set your own prices, availability, and rules for each listing. At present, we create your Ad for each course according to the information that you provide us; in the future, you will fully create your Ad yourself.
When a Course Participant purchases a seat in your Course on PassionClass, you directly enter into a contract with the Course Participants. You are responsible for providing the Course in accordance with the conditions and price in your advertisement. You are also responsible for paying all applicable fees, including PassionClass’ service fee and any applicable taxes, for each purchase. PassionClass service fees will be deducted from the individual Course fees paid by Course Participants prior to your receiving the payments we collect. All terms and conditions in any additional contracts with Course Participants must be consistent with these Terms of Use, any additional legal terms and policies listed on our site (such as our privacy policy), and the information in your Ad.
The PassionClass Platform is simply a marketplace for you at list your Ad. Your relationship with PassionClass is that of an independent person or entity and not that of an employee, agent, co-entrepreneur, or partner of PassionClass. We charge a fee to display your Ad and collect and distribute payment, among other services. In addition, you decide at your own discretion if and when you offer a Course and at what price, at what time and with what minimum number of Course Participants. We facilitate the booking of classes and ensure you receive payment from Course Participants for your services, as well as provide insurance to Course Participants to ensure that Courses run before distributing their payment to Course Providers.
A part of the payment (proportional to the percentage of the Course hours completed) made by Course Participants will be transferred to the Course Provider shortly after the second day of sessions of the course (if a Course has at least two sessions occurring on different dates), pending verification from students that the sessions took place. After that, we will distribute your share of the payments collected from Course Participants monthly, until after your Course has been completed, according to how many Course hours are completed. For example, if a Course has 8 one hour sessions and 4 of them occur in February, 50% of total revenues minus taxes and fees will be sent to the Course Provider in early March. If the course consists of only one session, the transfer will occur shortly after that session, pending verification from students that the session took place. During the processing of the payments, waiting times may occur.
If you do not complete Course hours, including because we refund Course Participants for any reason (including but not limited to your not appearing or behaving in a way that is against these terms), you will not receive payment for those Course hours.
Your Ad must contain complete and accurate information about your Course, price, time, start and end of the individual Course sessions. You are responsible for the timeliness and accuracy of the information in your listing, including calendar availability. This information is to be transferred to PassionClass in writing. If there is any discrepancy between the written communication and your Ad, please notify us immediately. If Course Participants purchase seats in your Course, you cannot subsequently change your terms without offering them at least a full refund.
You are responsible for complying with all laws, rules, regulations, and contracts with third parties that apply to your Ad and your Course. PassionClass does not take any responsibility for the legal obligations of Course Providers. Data protection laws and our data protection standards for Course Participants must also be observed. If you are unsure, you should seek legal advice.
We reserve the right to not list or show proposed Ads for any reason or no reason at all. One criterion we consider is Course Provider preparedness. We make an effort to ensure that all Ads listed on PassionClass are of a high quality. As a part of a process in determining which Ads we list on the platform, we may request documentation, such as specifics of planned Courses or multimedia to be shared with prospective Course Participants. We may further request a video conference and/or an introduction video of yourself to verify your technical capability to offer the Course and ensure that Courses on the platform are of high quality. We may make additional requests prior to the listing of Ads on a case-by-case basis.
In the event of cancellation by a Course Participant, the amount paid to you is determined by your applicable cancellation policy for the booking in question. If you do not list a cancellation policy in your Ad, then Course Participants are to assume that a booking is non-refundable. The PassionClass service fee is non-refundable. In the event of cancelations, the amount paid to you will be reduced by the amount we refund and any other reasonable costs incurred as a result of the cancelation. If any refund amounts and other costs incurred by PassionClass exceed your payout, PassionClass may reclaim this amount from you, including by offsetting it against your future payouts. Our Terms of Use will take precedence over any cancellation policy you have set.
PassionClass does not provide assistance or legal advice on your tax obligations. As a Course Provider, you are required to comply with your tax requirements under applicable law and to properly report, collect, remit, or include in your price any applicable sales taxes or other indirect taxes, income taxes or other taxes. If unsure, seek legal advice.
By listing your Ad on PassionClass, you acknowledge that ratings may be collected and published. After each Course, Course Participants have the opportunity to rate the Course Providers. PassionClass does not check reviews for accuracy, and they may therefore be inaccurate or misleading. Reviews for Courses and Course Providers may be displayed publicly on the PassionClass platform, including on Ads.
Certain parts of the PassionClass may allow you to provide text, photos, videos, and other data ("Data"). If Data contains personal data, it will only be used for purposes permitted under our Privacy Policy, unless provided in areas that do not ask for it. You are responsible for any infringement of intellectual property rights or other rights of third parties by the Data you provide. When providing Data, you must be authorized to grant PassionClass the rights described in these Terms of Use. Data provided must not be discriminatory, obscene, harassing, fraudulent, violent, or illegal.
By providing Data, you grant PassionClass a non-exclusive, cost-free, sublicensable, location-unbound, and transferable license to access, copy, use, store, change, create derivative works from, share, send, publish, and otherwise exploit Data in order to provide and promote the PassionClass Platform.
You will receive personal data of course participants that are necessary to complete your service, such as their names and email addresses. Comply will all relevant law and do not pass this information on further, use it for any reason (such as marketing purposes) other than its intended use, or discuss your Course Participants in an unprofessional context.
PassionClass may charge service fees (and applicable taxes) for the use of the PassionClass Platform. Service fees are deducted from the payouts to Course Providers and are non-refundable. PassionClass' current service fee is set at 15% of the total price of a course, which is price that Course Participants pay to participate in a Course and includes all taxes and other fees.
We may change service fees at any time and will notify Course Providers before the changes take effect. Any changes to service fees will not affect bookings made before the service fee change comes into effect.
Booking.
By booking a Course, you agree to pay the price plus any and all applicable fees related to the course, which will be displayed to you prior to booking. Booking constitutes a contract for the Course between you and the Course Provider. In addition to these Terms of Use, Course Participants are subject to all terms and conditions of the booking which are listed on the Ad or payment process. It is your responsibility to read and understand these before you book.
The booking grants you a limited right to participate in the course. However, it does not entitle you to publish or distribute the learning materials/documents/videos provided by the Course Providers.
The cancellation of Course hours, up to 20% of the total, does not guarantee any right to a refund or replacement sessions. If the number of canceled hours exceeds 20% of the total Course hours, we will refund the price of the Course in proportion to the canceled hours relative to the total Course hours. Courses may be cancelled due to insufficient Course Participants, in which case we issue refunds. Any other refund requests may be looked at on a case-by-case basis, but we do not expect to issue refunds if dissatisfied; instead, we ask that you pay attention to and leave reviews as an indicator of Course Provider quality. We reserve the right to change our service fees at any time and will notify PassionClassers in advance of any changes to the fees before they take effect. Any changes to fees will not affect bookings made before the fee change comes into effect.
You are liable for your actions, or if booking for someone else, liable for any person who takes part in a Course in your place. This includes, but is not limited to, obeying the law and be having respectfully. If you book for a Course Participant who is legally a minor, you must be legally authorized to do so and you are responsible for supervision.
After taking a Course found on PassionClass, you have the opportunity to leave a review. Reviews must be accurate and must not contain discriminatory, offensive, or defamatory language. We expect PassionClassers to act with fairness and professionalism in leaving reviews and can take action or remove reviews which do not meet this standard.
Course Participants are responsible for informing us if Course Providers do not offer sessions as listed in their Ads within 48 hours of the relevant session. After this timeframe, we may be unable to take corrective action, including issuing refunds. Please reach out to [email protected] in the case of any missing Course Providers or instances in which Course Providers failed to meet their stated terms.
Act with integrity, respect others and use the PassionClass platform in accordance with these Terms of Use. Additionally, you must follow the following rules and not induce or encourage others to violate or circumvent them:
We require all course participants and course providers to foster a positive, respectful, productive learning environment and community. Disruptive conduct, such as dominating a conversation in such a way that other course participants cannot participate constructively, is prohibited. Racist, sexist, homophobic, or other discriminatory commentary has no place on PassionClass and should be reported to PassionClass support, and will result in a removal from any booked course(s) and a suspension from the platform without refund. Any behavior that results in other PassionClassers feeling unsafe will result in similar consequences and may be reported to the police. The same rules follow for course providers, as well as the potential for cancelling running and future PassionClasses. Any concerns should be reported immediately to [email protected].
In the event of breaches of our standards, please report your concerns to PassionClass. PassionClass is not required to respond to every report unless required by law.
Notify PassionClass at [email protected] if you believe that any Data on the PassionClass platform infringes your copyright.
The agreement between you and PassionClass under these Terms of Use will remain in force until terminated by either you or PassionClass.
PassionClass may terminate this agreement by giving you 30 days' notice by email or by using the contact details you have provided. PassionClass may terminate this agreement without notice and block access to the PassionClass platform if:
If you do not agree to these terms, do not use or book anything on the site. By completing a booking, you agree to these terms for the duration of the booked Course.
If you are a Course Provider and you terminate or request the termination of your PassionClass account, all confirmed bookings will be automatically canceled, and your Course Participants will receive a full refund. At the present, no account is necessary in order to become a Course Participant, but we may prohibit users from participating in Courses even without accounts. After restricted use, blocking of the PassionClass account or termination by us, the registration of a new PassionClass account or the use of the PassionClass platform via the account of another PassionClasser is prohibited.
For minor violations to our Terms of Use, we will usually try to contact you to rectify the problem. However, in the event of violations of these Terms of Use, other legal provisions, or unfairly negative reviews, or as a measure to protect the safety or property of PassionClass, its PassionClassers or third parties, PassionClass may:
Your continued use of the PassionClass platform after the effective date of changes to these Terms of Use will be deemed acceptance of the revised Terms of Use. If you are a Course Participant, any subsequent Courses booked and/or use of other PassionClass services represents an agreement with these terms. If you are a Course Provider, we will also inform you via email of the changes, and you can reject changes to these terms through stopping offering Ads, Courses, or other services on the PassionClass Platform.
When making bookings or confirmations, PassionClassers conclude a contract directly with each other. PassionClass is not a party to or otherwise involved in this contractual relationship between PassionClassers except insofar as PassionClass acts as a payment facilitator. Our goal is to offer a platform on which you can publish, offer, search and book Courses. While we strive to provide a great experience on the PassionClass platform, we cannot control the behavior or performance of Course Participants and Course Providers and do not guarantee (i) the existence, quality, safety, suitability or legality of Ads and Courses, or (ii) the truth or accuracy of any Ad descriptions, reviews or other Data provided by PassionClassers.
PassionClass has no general obligation to monitor the use of the PassionClass platform or to verify information provided by PassionClassers. However, PassionClass has the right to access, remove, or edit Data for various purposes, including fraud prevention, conducting investigations and customer support. PassionClass may maintain and enforce quality or suitability criteria according to our sole judgement, including removing Ads that do not meet our quality expectations, or other action.
By listing an Ad to teach a Course as a Course Provider, our system requires an account. For this purpose, as well as communication that might be required to provide services, we require a correct and active email address that you check frequently. You must be at least 18 years of age to have an account as a Course Provider.
We make no warranties or guarantees regarding platform accessibility or up- and downtime. We do not make any guarantee that Ads will generate revenue or that Course Providers can find Course Participants via our services, nor do we guarantee (or share responsibility for) good behavior of PassionClassers.
By using the platform, you agree to hold harmless PassionClass and its employees in any case of your (1) failing to properly report taxes, (2) violating the law, (3) breaching these Terms of Use, or (4) otherwise incurring cost due to improper or imprudent action on your part. If we fail to live up to an obligation, our legal liability shall not exceed foreseeable damages.
These Terms of Use are governed by Austrian law. You agree to submit to the exclusive jurisdiction of the Austrian courts, unless otherwise required by local law.
IF you live in the EEA (not including the UK or Switzerland), you can access the European Commission's online dispute resolution platform via the following link:https://ec.europa.eu/consumers/odr.
To provide our services to Course Providers and Course Participants, we need to contact you via email. We will store your email after a purchase as we plan, in the future, to offer a full history of the PassionClasses you participated in, as well as be able to confirm your participation for third parties if you request this. If you would like us to delete this personal information, please email [email protected] at least 30 days after the end of your participation in your most recent Course. If you have agreed to marketing communications, we may also send these out, and you can unsubscribe from these at any time.
We collect your name and email during the purchase process and store it up to 60 days to help complete purchase. If you purchase the course, we will keep them for 10 years to be able provide proof of participation in a course, but you can contact us to request removal. Your information will not be used for marketing purposes without your consent. If you are a Course Participant, we will share your name and email with the Course Provider of any Courses you purchase, so that they can contact you to participate in the Course.
PassionClass may take any action in order to follow local law or fulfill an order of a law enforcement agency, court, or other administrative or governmental entity. Only in rare or extreme cases are we likely to seek alternatives.
In the case of a violation of the terms of use or action to uphold them, there is no warranty of consistency in action. For example, if one person is banned from the platform for a period of one year for offensive language, and later another person uses similar language and is permanently banned, no party gains the right to appeal or otherwise discredit the decision.
We currently use Google AdWords for promotion. By accepting marketing cookies, you allow us to collect certain event information to improve our advertising and platform. For more information, see Google's Terms and Conditions. Other third-party sites may be linked to on the platform, which does not necessarily represent our support for those sites. If you visit third-party sites via links via the platform, you may enter new agreements with respect to their terms & conditions.
These Terms of Use are your full agreement with us- you can forget anything prior agreements. If any part of these Terms of Use are not valid (for example, due to a conflict with the law), that part shall be excluded but the rest of the terms shall stay in force. And these terms are only between us- no third parties gain rights through these terms (even if the text could be read otherwise); however, PassionClass may assign rights and responsibilities to other parties as it sees fit.
All Data on the PassionClass platform should be assumed to be copyrighted. If you would like to use it for any purpose, please obtain our written consent first.
If any part of these Terms of Use is unclear, please write us at [email protected].