MeeOpp's Terms of Service
This Terms of Service was last updated on April 18, 2018.
1. Key Terms
MeeOpp provides an online platform for Mandarin learning where users, Students can pay, book and take lessons with Instructors through online video (collectively, the "Services"). These Services are accessible at www.meeopp.com and any other websites where MeeOpp makes the Services available (collectively, the "Site"), and applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the "Application").
"User Accounts" are the MeeOpp Account you open when you register to become a user and use the Services.
"User" is a person or legal entity that registers for an Account, and uses the Site or Application on behalf of him/her or a company/organization.
"User Content" is all Content that a User posts, uploads, publishes, submits, transmits, or includes in their User profile or MeeOpp promotional campaign to be made available through the Site, Application or Services.
"Clients" are students and parents who purchase services on MeeOpp.
"Instructors" are teachers and tutors who offer and perform services through lesson on MeeOpp.
"Services" are any of the Connection or Payment Services that are delivered by MeeOpp.
"Lessons" are Services offered on MeeOpp.
"Content" is all Content that MeeOpp makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding User Content.
"MeeCoins" are the lesson credits that can be purchased on the Site by credit card payment in exchange for Lessons. To check out more, please refer to: https://meeopp.com/purchase
"Teaching Services" are all Services delivered by Instructors. These include paid lessons, packages and other services rendered where MeeCoins are exchanged.
"Visitor" is a person who is only visiting the Site or Application, not a User.
"You" are a Visitor or User accessing the Site or Application or using the Services on his or her own behalf; or on behalf of a company or organization.
2. Terms of Service
The following terms and conditions (these "Terms of Service"), govern your access to and use of the MeeOpp website, including any content, functionality and services offered on or through www.meeopp.com (the "Site"), by Meego Technology Limited.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM FOR MANDARIN LEARNING WHERE USERS, STUDENTS CAN PAY, BOOK AND TAKE LESSONS WITH INSTRUCTOR THROUGH ONLINE VIDEO.. YOU UNDERSTAND AND AGREE THAT MEEOPP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN STUDENTS AND INSTRUCTORS OR BETWEEN USERS, NOR IS MEEOPP A LANGUAGE SERVICES BROKER OR AGENT. MEEOPP HAS NO CONTROL OVER THE CONDUCT OF STUDENTS, INSTRUCTORS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY SERVICES RENDERED BETWEEN THEM, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO TEACH ON MEEOPP, UNLESS HIRED AS A FULL-TIME EMPLOYEE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH MEEOPP IS LIMITED TO BEING A USER AND AN INDEPENDENT, THIRD-PARTY FREELANCER, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF MEEOPP FOR ANY REASON. AS A USER YOU AGREE NOT TO DO ANYTHING SUCH AS INAPPROPRIATELY USING ANY MEEOPP INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
MeeOpp reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
For users in Hong Kong, MeeOpp may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside Hong Kong, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from MeeOpp's vendors.
5. How the Site, Application and Services Work
The Site, Application and Services can be used to provide an online platform where users, Students can pay, book and take lessons with Instructors through online video.
Payment Services. The Site or Application is a platform for Students seeking online Mandarin lessons to connect with instructor seeking to provide online Mandarin lessons. Students can purchase MeeCoins on the Site by credit card payment in exchange for Lessons. To check out more, please refer to: https://meeopp.com/purchase
Lesson Services. The Site or Application is a venue where Students book and take lessons with Instructors through online video on the Site.
Instructor Services. Instructor services are described in more detail on our instructor manual and what is expected of your performance and behavior.
6. Account Registration
In order to access certain features of the Site and Application, and to participate in Mandarin learning Payment Services and Lesson Services on MeeOpp, you must register to create an account ("MeeOpp Account") and become a User and fill out the assessment form. You may register to join directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account is a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your MeeOpp Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to MeeOpp through the Site, Services or Application; or (ii) allowing MeeOpp to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to MeeOpp and/or grant MeeOpp access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating MeeOpp to pay any fees or making MeeOpp subject to any usage limitations imposed by such third-party service providers. By granting MeeOpp access to any Third-Party Accounts, you understand that MeeOpp will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your MeeOpp Account and MeeOpp Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your MeeOpp Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or MeeOpp's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. MeeOpp makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and MeeOpp is not responsible for any SNS Content.
Your MeeOpp Account and your MeeOpp Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active MeeOpp Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. MeeOpp reserves the right to suspend or terminate your MeeOpp Account and your access to the Site, Application and Services if you create more than one (1) MeeOpp Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your MeeOpp Account, whether or not you have authorized such activities or actions. You will immediately notify MeeOpp of any unauthorized use of your MeeOpp Account.
7. General User Terms
Our Services are available only to legal entities and individuals in business who can form legally binding contracts. To register for an Account with MeeOpp and become a User, you must accept all of the terms and conditions in, and linked to, the Terms of Service. MeeOpp reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.
It is the sole responsibility of each registered User that all personal details, including contact email addresses are up to date and accurate at all times. By accepting these terms and conditions all Users hereby release MeeOpp from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to inaccurate personal information being held on the site or application. All Users are solely responsible for the content and accuracy of any information published by them on MeeOpp.
MeeOpp reserve the right to suspend or terminate the account of any registered User for any reason. No refunds, payments or compensation of any kind will be paid to Users whose registration has been terminated due to breach of these terms and conditions.
9. Intellectual Property
MeeOpp and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site or Application. The MeeOpp logo and name are trademarks of MeeOpp, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site or Application may be the trademarks of their respective owners.
10. Site and Application License
Subject to and conditioned on compliance with the Terms of Service, MeeOpp grants you a limited license to access and, if you are a User, to use this Site or Application internally for the purpose of ordering and receiving the Services available and authorized from this Site or Application. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site or Application in any way for any public or commercial purpose without prior written consent of MeeOpp or the rights holder, unless such actions have previously been expressly permitted by MeeOpp or the rights holder for the content in question. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site or Application unless expressly permitted by law. This Site or Application or any portion of this Site or Application may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by MeeOpp.
11. User Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site, Application, Services, or through MeeOpp promotional campaigns, you hereby grant to MeeOpp a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Site, Application and Services. MeeOpp does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all MeeOpp Content that you make available through the Site, Application, Services or through MeeOpp promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site, Application, Services or through MeeOpp promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to MeeOpp the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or MeeOpp’s use of the User Content (or any portion thereof) on, through or by means of the Site, Application, the Services or MeeOpp promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that MeeOpp is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MeeOpp of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
13. Enforcement of Terms of Service
We may suspend or cancel your User Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, or violated our rights or those of another party. Without limiting MeeOpp's other remedies, we will suspend or terminate your User Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service and the other written policies and procedures posted on the Site or Application; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for MeeOpp.
Once suspended or terminated, you may not continue to use the MeeOpp service under a different Account or re-register under a new Account. This includes usage of any associated Payment Services. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a User or User engages in actions or activities which circumvent the Site or Application or otherwise reduces service fees owed MeeOpp under the Terms of Service, that User or User will be liable to MeeOpp for the service fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of MeeOpp User Account. MeeOpp reserves the right to terminate any User or project for any reason, at its sole discretion and to refuse to provide registration and User Account to you in the future. When your User Account is canceled, you may no longer have access to data, messages, files and other material you keep on the Site or Application.
THE SERVICES PROVIDED BY MEEOPP OR ANY OF OUR LICENSORS OR INSTRUCTORS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE OR APPLICATION BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
IN NO EVENT SHALL WE OR OUR LICENSORS OR INSTRUCTORS BE LIABLE TO YOU OR ANY OTHER USERS FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, hold harmless and indemnify MeeOpp from and against any and all losses, costs, expenses, damages or other liabilities incurred by MeeOpp from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against MeeOpp: (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site or Application(ii) your decision to supply credit information via the Site or Application, including personal financial information; (iii) your decision to submit postings and accept offers from other Users; (iv) any breach of contract or other claims made by Users with which you conducted business through the Site or Application; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any User; (viii) any act or omission of yours with respect to the payment of fees to any Instructor; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations as a Instructor or to a Instructor. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, if you below this age, you have parental or guardian assistance in helping you understand these terms and conditions.
You may not assign or transfer these Terms, by operation of law or otherwise, without MeeOpp's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MeeOpp may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless you otherwise indicate in writing to Customer Service, MeeOpp will communicate with you by email or by posting communications on this Site or Application. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when MeeOpp sends it to the email address you have provided to MeeOpp on this Site or Application, or when MeeOpp posts such communication on this Site or Application. You must keep your email address updated on this Site or Application, and you must regularly check this Site or Application for postings. If you fail to respond to an email message from MeeOpp regarding violation, dispute or complaint within two business days, MeeOpp will have the right to terminate or suspend your User Account or your registration.
All notices to MeeOpp intended to have a legal effect concerning this Agreement must be in writing and delivered electronically, to the following address: email@example.com. Such notices to MeeOpp are deemed effective upon receipt.
19. Controlling Law and Jurisdiction
The Terms of Service are governed in all respects by the laws of Hong Kong without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against MeeOpp must be resolved by a court located in Hong Kong, or as described in the Arbitration Option paragraph below. You hereby submit to the personal jurisdiction of the courts located within Hong Kong for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site or Application must be commenced within 30 days after it arises, or the cause of action is barred.
20. Dispute Resolution
If a dispute arises between you and MeeOpp, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and MeeOpp agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the MeeOpp Services (a "Claim") in accordance with this section entitled "Dispute Resolution." Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.
For any claim arising between you and MeeOpp (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than HKD 50,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
Improperly Filed Claims
Should you file a claim contrary to this section entitled "Dispute Resolution," MeeOpp will be entitled to recover attorneys' fees and costs up to HKD 10,000, provided that MeeOpp has notified you in accordance with the Terms of Service of the improperly filed claim, and you have failed to promptly withdraw the claim.
The failure of MeeOpp to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MeeOpp. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
22. Contacting Customer Service
If you wish to report a violation of Site, Application or Service Policies, have any questions or need assistance, please contact MeeOpp Customer Service as follows:
Phone Number: +852 6179 9708