Terms & Conditions Agreement
Welcome to Arundel Learning Interactive School (ALIS)
Please read the following agreement carefully in order to protect and guarantee your rights. These terms and conditions govern the way in which we supply our services to you, including online courses.
After completing the registration process, you become a member and thereby agree to the rights and obligations stipulated by this Terms and Conditions Agreement.
Basic Terms of Agreement
Scope of ALIS Services
The main purpose of Arundel Language Institute’s (hereinafter “School”) operating of the Arundel Learning Interactive School (hereinafter “ALIS”) website (hereinafter referred to as “website”) is to provide a tutor-student incorporating service platform for online courses through one-on-one lessons, group lessons, packaged lessons and webinars (hereinafter “Services”). The purpose of these Services are to provide student members who have language learning and learning needs with a search, filter, and chat function on this platform that allows them to find the most suitable tutors according to their own learning needs, thereby attaining their desired learning needs included in this Terms & Conditions Agreement. The Services of the Website include:
Tutor-student incorporating service
The information related to tutor evaluations, records, and other information relevant to the tutoring profession that is disclosed on this website assists student members in searching, filtering, and finding the most suitable tutor according to the student members’ own specific learning needs, as well as provide tutor members with a multimedia tutoring network connection service.
Tutor evaluation service
In order to maintain a high level of tutor quality, this website offers students with a quick feedback form to evaluate their tutors after each lesson has taken place. The information will be used to update the tutors' profiles on a regular basis. This information will be used to update the tutors' profiles on a regular basis.
Fee collection service
After a student has selected their preferred tutor with whom to study, they need to select the type, time, date and duration of the lesson. Once the selections have been made, the course fee is collected through the website. After the payment has been made successfully and lesson type and time have been approved by the tutor, the lesson will then appear in the user dashboard. Tutor fees will be transferred to tutors’ personal accounts via Paypal.
Extent and Limitations of Responsibility
This website is an incorporating service for student members and tutor members and has the purpose of acting as an intermediary service which assists both sides in reaching lesson agreements while also receiving payment for the use of this website, its software and the course fee that students are obliged to pay according to the lesson agreement. The School, in addition to maintaining the integrity of this website's search and evaluation features as well as safeguarding the quality of instant messaging and fee collection services, shall also assume responsibility for the following items:
With regard to the registration of student or tutor members, the authenticity and accuracy of the basic information provided and compliance with relevant local laws and regulations.
With regard to the information pages of the tutor members, the information related to tutoring experience, work record, tutoring performance, the description and guarantee of
anything related to tutoring quality and content, as well as compliance with relevant local laws and regulations.
The instruction content and methods of the tutor members, the actual instruction time of the tutor members, use of materials, the quality of these, and the contents, as well as compliance with relevant local laws and regulations.
Anything published on the Website due to operational considerations or by third parties not belonging to the School, advertisements, or any other online information and its authenticity, security, and accuracy, as well as compliance with relevant local laws and regulations.
Termination of the Service Agreement
Either tutor or student members may at any time terminate the Terms & Conditions Agreement for use of this Website. But if both parties have reached a lesson agreement prior to termination, the following still applies:
The School still has to fulfill the obligation to assist members in fulfilling the lesson agreement that was already established prior to termination.
If either a student member, a tutor member, or both parties have already established a lesson agreement prior to their termination of the Terms & Conditions Agreement with the School’s termination of the Terms & Conditions Agreement, they must still fulfill their obligations as set out in the lesson agreement.
As agreed upon within this Terms & Conditions Agreement, the School shall still collect the due Service charges from the student or tutor member for their use of this platform.
The time of the lesson agreement coming into effect is after the student member has selected the tutor member and the course program as well as completed payment of the course fee. For the fulfillment of a lesson agreement that had been established prior to termination of the Terms & Conditions Agreement, the School may, depending on specific circumstances and within a certain period after termination, allow use of certain features of this website for members who have already terminated their Terms & Conditions Agreement as well as preserve log-in information and other information posted to the website by the member. The School has the right to keep any evaluation records made by a student member prior to termination of services. Basic terms and specifications related to refund dispute settlements will not become void due to termination of this agreement.
Liability and Upper Limit for Damages
If an incident causing actual bodily harm to members can be attributed to this School, the School shall be held liable for the damages suffered by the tutor or student members and provide compensation in the amount of the total fee accrued for the courses completed in the last lesson agreement before the incidence. This does not include expected benefits that result after completion of the lesson agreement.
Authorization and Use of Personal Data
The completion of the membership registration process will be regarded as authorization for ALIS to use personal information as necessary for the scope of the School’s operations. ALIS shall adopt appropriate security measures to prevent personal data from being stolen, tampered with, damaged, lost, or disclosed, except with the written consent of members or when members take the initiative to disclose contact information to other members after establishing a lesson agreement. ALIS shall abide by confidentiality obligations towards third parties outside of this Agreement.
In accordance with the regulations in both the Cybersecurity Act (“CSA”) and the Personal Data Protection Act (“PDPA”) of Thailand, users are informed of the following:
Purpose of the CSA and PDPA:
the CSA aims at securing national security in cyberspace, covering both public and private sector databases, while the PDPA requires explicit consent from the data subject before personal data can be collected, used or disclosed by other parties including data controllers.
The data protection law applies not only to companies located in Thailand, but also overseas companies which collect, use, or disclose personal data of subjects in Thailand and/or overseas, specifically for advertisements and behavior monitoring.
Duration, Area, Subjects and Methods
Duration: from the user’s consent to becoming a member until the user or ALIS terminates this user’s terms of service.
Area: Thailand and areas where services are provided.
Subjects and Methods
The personal data of members that is collected by ALIS, apart from being used by ALIS for member management, customer management, also includes identity recognition, payment services and marketing.
Through membership profile registration personal data is acquired. Based on ALIS’s contractual obligations, it may need to provide relevant information to its authorized partners or outsourcing vendors.
The use of personal data includes automated or non-automated processing methods under specified collection and use purposes.
Member rights regarding personal data
Members have, under the Personal Data Protection Act, the right to approach ALIS in writing for the purpose of:
- Searching for or requesting review.
- Making copies.
- Supplementing or correcting.
- Requesting to stop collecting, processing, or using.
- Requesting removal.
Users have the freedom to choose whether or not to authorize such use of personal information. But if users do not authorize such use, ALIS is unable to provide related service contents and items.
Ownership and Protection of Intellectual Property Right
Upon completion of the registration process, members are deemed to have authorized ALIS to use, copy, reproduce, revise, publicly transmit, and publicly broadcast, etc., and given all rights under copyright law, of any personal information posted on this website, or all text or audio and visual data of actual tutoring, personal profile, and tutor evaluations transmitted online through this website. In addition to this mandate, apart from this website, this also includes other websites that are authorized to represent ALIS. Except when there is expressed written consent, ALIS will not make said data available to other third parties.
If there are intellectual property infringements that result in the suffering or damages to ALIS due to anything posted by members on this website or through any text and audio-visual material transmitted, or caused by tutoring aids and material used during actual online tutoring, the members shall be held liable.
Regarding the Handling of Disputes and Ambiguity
If there are any uncertainties regarding any items described in this agreement, please contact our customer service center in writing at firstname.lastname@example.org. ALIS has the right to refuse to reply to any ambiguities that are not brought to light in the aforementioned procedure.
Regarding disputes resulting from this agreement, Thai law shall prevail. If there are rights and obligations disputes between ALIS and members that result from the use of this website, the member shall notify ALIS with a request for resolvement so as to initiate negotiations. If these negotiations fail, ALIS or the member shall file for arbitration, for which Thai law shall prevail for its basis, procedures and effect.
Membership qualification is limited to natural and legal persons.
Mutual Obligations of Members
Anyone who has membership status or has become a tutor member or student member by completing the registration process shall comply with the following provisions:
- Members shall ensure that the personal data of their registered account is authentic and complete, and they shall abide by ALIS’s request for timely updates.
- Members shall periodically review update announcements regarding service processes and website policy of ALIS. If a member does not log in for two months, ALIS may terminate the user agreement for this member and delete the member’s registration information. If a member has not logged in for 4 weeks, a notification will be sent to the member’s email address provided in the registration information. If a member has not been active on their account for more than 14 days, the member’s account will be suspended for the time being. To unsuspend the account members need to contact email@example.com with Subject Header of ‘Unsuspend account’.
- Any notifications to members sent by the website should be read as soon as possible. If security notifications are sent regarding an account being used by a different person or other people tampering with information, etc., the member should cooperate with ALIS to resolve such problems.
- Membership accounts provided by ALIS are only for personal use. Members are not allowed to simultaneously register or use two or more accounts, or provide an account to a third party for compensation or without compensation or for any other reason of personal gain or otherwise.
- Members shall maintain the features and operation of the evaluation system and not use robot accounts or other technological methods that affect a specific tutor member’s evaluation, or influence other people’s free evaluation through exchange of benefits, intimidation, or any other methods.
- Members shall maintain this website’s features and operations and shall not use robot accounts or other technological methods to alter, delete, or destroy this website’s information or equipment, nor shall they adversely influence the operation of this website.
- Members shall not, without the consent of others, alter, delete, or collect personal data of others through a leak in this website’s design, or by bypassing or disrupting this website’s security, etc.
- Members shall not use harmful remarks or behavior towards others.
- Members shall not, without the written consent of ALIS, engage in promotional activities for themselves or others on this website for the purpose of financial or non-financial benefits.
- Members shall comply with this Terms & Conditions Agreement through the principle of honesty and shall comply with local law. They may not engage in behavior that is detrimental to ALIS, other people, or third parties.
- ALIS reserves the right to immediately terminate any users account regarding inappropriate conduct or indecent exposure.
Special Qualifications for Tutor Members
In addition to meeting the general qualifications for membership, tutor members shall submit the following written information to ALIS for review:
- Personal resume of the tutor member and relevant evidence of included information
Introduction video of the tutor member
- Various certificates or relevant evidence regarding the tutoring profession of the tutor member
ALIS shall review all and any information the tutor member has provided and has the right to evaluate this tutor based on competence. In case of doubt regarding the authenticity of information or when information is incomplete, ALIS may request the tutor member to provide additional information.
Obligations of the Tutor Members
In addition to the common obligations, tutor members shall agree to the following specifications:
- Tutors assure that they shall review the authenticity, accuracy, and legitimacy of special qualification information provided. If ALIS suffers damages due to a breach of these obligations, the tutor member shall be held liable.
- During the period a tutor is engaged in the Terms & Conditions Agreement with ALIS, he/she shall not engage in instruction at another language school, regular school, tutoring website, or other physical or non-physical tutoring platform outside of those mentioned in the Terms & Conditions Agreement he/she is engaged under with ALIS.
If the above mentioned tutor member’s qualifications can be verified, ALIS still reserves the right to remove the tutor’s resume from the platform and cancel the tutors membership at any time. However, tutors are still entitled to the course fee that has already been paid for the completion of any lesson agreements prior to being removed from the platform. For courses that have not yet been finished, ALIS and student members will start a negotiation process for another course which will be considered a priority case to assist in finding a replacement tutor member providing similar courses.
Collection Process of Course Fees
Tutor members agree to authorize ALIS to receive student payment of the course fee and transfer the agreed remuneration to the Paypal account designated by the tutor member on the beginning and middle of every month. If due to operational necessity, ALIS needs to change course programs and prices, it will not affect remuneration agreements that had already been established prior to notification.
Effects of Breach of Obligations
For members who breach the rules or the basic terms, unless otherwise specified, ALIS may, depending on specific circumstances, first advance a warning and a deadline for correction or without warning terminate the Terms & Conditions Agreement.
The specifications of the effects of such a termination of the Terms & Conditions Agreement are stipulated in “Terms & Conditions Agreement.”
Refund of Dispute Resolution Procedures
Principles of Dispute Settlements
ALIS provides student - tutor incorporating services in order for student members and tutor members to reach a lesson agreement. Given the nature of this intermediary position, ALIS, in principle, does not involve itself with all the disputes between student members and tutor members that result from their lessons. But at the time of a consensual termination of the lesson agreement, if the course fee has not been paid to the tutor members, ALIS is obliged to assist the tutor members in receiving a refund. The total refund sum is the standard tutor remuneration.
The Proposed Conflict Settlement
If there is a refund dispute resulting from any lesson agreement, with the exception of written requests by student members or tutor members, it will be dealt with according to School conflict resolution procedures. Requests need to be advanced within 1 days after the dispute occurred. Non-compliant requests or requests that are not within the said deadline may be refused by ALIS.
After ALIS receives a request by one of the parties, it shall notify the other party of the tutoring agreement as soon as possible.
Deliberation on the Dispute Settlement
Evidence for factual judgement of the dispute settlement needs to be provided by both parties on their own accord. Deliberation on the dispute settlement, in principle, will be in writing. ALIS may, depending on specific circumstances, invite both parties of the lesson agreement to make statements at a specified location.
Dispute Settlement Process
After ALIS has made a comprehensive study of all the evidence, it must decide whether or not the lesson agreement shall continue to be in effect. If one party has just reason to terminate the lesson agreement, ALIS shall, depending on specific circumstances, change relevant information on the website or refund student members who have already paid. If the facts are not clear, and there is absence of grounds of justification, ALIS may, depending on specific circumstances, proceed with student member refunds and separately negotiate a method of compensation with the tutor members.