Table of Contents
- Scope of Learning Pods Services
- Eligibility, Using the Learning Pods Platform, Member Verification
- Modification of these Terms
- Account Registration
- Content
- Service Fees
- Terms specific for Hosts and Facilitators
- Terms specific for Learners
- Booking Modifications, Cancellations and Refunds
- Ratings and Reviews
- Damage to Hosting Spaces, Disputes between Members
- Rounding off
- Taxes
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Disclaimers
- Liability
- Indemnification
- Dispute Resolution
- Feedback
- Applicable Law and Jurisdiction
- General Provisions
- Alcohol, Drugs, Medication PolicyScope of Learning Pods Services
- Animals Policy
- Cleaning and Sanitation
- Community Standards
- Content Policy
- Extenuating Circumstances Policy
- Hand Hygiene and Respiratory Etiquette
- Hosting Space Safety
- Learner Refund Policy
- Quality Standards for Learning Experiences
- Requirements for Online Learning Experiences
- Withdrawal and Removal
Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Learning Pods Platform, you agree to comply with and be bound by these Terms.
Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all Learning Pods Members. It affects how disputes with Learning Pods are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Thank you for using Learning Pods!
These Terms constitute a legally binding agreement (“Agreement“) between you and Learning Pods (as defined below) governing your access to and use of the Learning Pods website, including any subdomains thereof, and any other websites through which Learning Pods makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Learning Pods Services“). The Site, Application and Learning Pods Services together are hereinafter collectively referred to as the “Learning Pods Platform”. Our Policies applicable to your use of the Learning Pods Platform are incorporated by reference into this Agreement and can be access via the Learning Pods Platform.
When these Terms mention “Learning Pods,” “we,” “us,” or “our,” it refers to the Learning Pods Inc., 87 Carnival Court, Toronto, Ontario M2R 3T7, Canada.
Our collection and use of personal information in connection with your access to and use of the Learning Pods Platform is described in our Privacy Policy.
Any and all payment processing services through or in connection with your use of the Learning Pods Platform (“Payment Services“) are provided to you by Learning Pods or one or more Learning Pods entities (individually and collectively, as appropriate, “Learning Pods“) as set out in the Payments Terms of Service (“Payments Terms“).
Hosts and Facilitators (as defined below) alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Services (as defined below). For example, some cities have laws that restrict their ability to host paying Learners (as defined below) and Facilitators for short periods or provide certain Host Services (as defined below). In many cities, Hosts and Facilitators may have to register, get a permit or obtain a license before providing certain Services (such as operating in the childcare of educational industry, preparing food, guiding field trips, or operating a vehicle). Hosts and Facilitators are each alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Services they offer. Certain types of Services may be prohibited altogether. Penalties may include fines or other enforcement. We may provide some information on the Learning Pods Platform to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Service(s) on Learning Pods, you should always seek legal guidance.
1 – Scope of Learning Pods Services
1.1 The Learning Pods Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services to publish such Services on the Learning Pods Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Services. Members may use the Services for themselves or for the benefit of another third party, such as a minor child (Members, and any third party enrolled in Services by a Member for the third party’s benefit, that are using Services are “Learners”). Members and third parties who offer facilitation services are “Facilitators” and the services they offer are “Facilitator Services”. Members and third parties who offer hosting services are “Hosts” and the services they offer are “Host Services”. Facilitator Services and Host Services together are hereinafter referred to as “Services”. Facilitators may use the Learning Pods Platform to search for Host Listings and Hosts can use the Learning Pods Platform to find Facilitator Listings, but neither Facilitators nor Hosts can use the Learning Pods Platform to search for or initiate contact with Learners without having first been contacted by such Learner. Learners may use the Learning Pods Platform to search for and initiate communications with other Learners, Facilitators and Hosts. Learning Pods may from time to time directly facilitate connections, pods and Bookings (as defined below) between Learners, Facilitators and Hosts. Host Services may include the offering of properties for use by Learners and Facilitators (“Hosting Spaces“). Facilitator Services may include the online or in-person offering of single or multi-day learning activities in various categories and subjects (“Learning Experiences”), access to unique events and social activities (“Events”), and a variety of other educational, recreational or social gathering related services.
1.2 As the provider of the Learning Pods Platform, Learning Pods does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Services. Members alone are responsible for their Listings and Services. When Members make or accept a Booking, they are entering into a contract directly with each other. Learning Pods is not and does not become a party to or other participant in any contractual relationship between Members, nor is Learning Pods a real estate broker or insurer. Learning Pods is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Learning Pods has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Learning Pods does not endorse any Member, Listing or Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification, identification process or background check and nothing else. Any such description is not an endorsement, certification or guarantee by Learning Pods about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to enter or use Hosting Space, participate in a Learning Experience, Event or use other Services, accept a pod booking request from a Member, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Learning Pods of any Host or Listing.
1.4 If you choose to use the Learning Pods Platform as a Host or Facilitator, your relationship with Learning Pods is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Learning Pods for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Learning Pods. Learning Pods does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of any Services. You acknowledge and agree that you have complete discretion whether to list Services or otherwise engage in other business or employment activities.
1.5 To promote the Learning Pods Platform and to increase the exposure of Listings to potential Members, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Learning Pods cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Learning Pods Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Learning Pods Platform may contain links to third-party websites, resources, services or products (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Learning Pods is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Learning Pods of such Third-Party Services.
1.7 Due to the nature of the Internet, Learning Pods cannot guarantee the continuous and uninterrupted availability and accessibility of the Learning Pods Platform. Learning Pods may restrict the availability of the Learning Pods Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Learning Pods Platform. Learning Pods may improve, enhance and modify the Learning Pods Platform and introduce new Learning Pods Services from time to time.
1.8 Learning Experiences, Events and other Facilitator Services that take place through a video conferencing platform (such as Zoom, Google Classroom or Microsoft Teams) may be recorded by Learning Pods (“Video Recordings”). Video Recordings are made available only to the Facilitator providing the Services in question to allow them to (i) provide a viewable copy to Learners who missed the Learning Experience, Event or other Service, or who wish to review the Video Recording for their personal educational purposes; and (ii) review the Video Recording personally in order to improve their Services. Please note that in some cases, Learning Experiences, Events and other Services are held by a Facilitator that is part of an organization, group, or team of Facilitators. In such cases, Video Recordings may be accessed by the organization, and access would not necessarily be limited to a single individual Facilitator. Learning Pods may use Video Recordings to provide feedback to Facilitators, to improve the Learning Pods Platform, for customer support, and for compliance purposes. Video Recordings are retained in accordance with our Privacy Policy. Learning Pods will immediately delete Video Recordings upon (i) the request of a Learner for the purposes of deleting personally identifiable information about a Learner, or (i) Learning Pod’s determination in its sole discretion that a Video Recording should be removed to protect the privacy of certain Members or violation of these Terms. We will not use Video Recordings containing images of Learners (or anyone using the Services) for promotional or any other purposes without your express written consent. By using the Services, you consent to you and/or any third party enrolled by you appearing in Video Recordings for the limited purposes set forth in this Section 1.8.
2 – Eligibility, Using the Learning Pods Platform, Member Verification
2.1 In order to access and use the Learning Pods Platform or register a Learning Pods Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Learning Pods may make access to and use of the Learning Pods Platform, or certain areas or features of the Learning Pods Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s pod participation and withdrawal or removal history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports or request that you obtain report from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Learning Pods Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Learning Pods Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Learning Pods Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Learning Pods Platform may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3 – Modification of these Terms
Learning Pods reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Learning Pods Platform. Changes to these Terms shall be effective upon posting, and you understand and agree that if you use the Learning Pods Platform after the date on which the Terms have changed, Learning Pods will treat your access to or use of the Learning Pods Platform as acceptance of the revised Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement, your continued access to or use of the Learning Pods Platform will constitute acceptance of the revised Terms.
4 – Account Registration
4.1 You must register an account (“Learning Pods Account“) to access and use certain features of the Learning Pods Platform, such as viewing, publishing, expressing interest in, or accepting a Listing or Booking. If you are registering a Learning Pods Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms. You must be of legal age to form a binding contract to register an account (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your parent or legal guardian to read these Terms and agree to them for you before they use the Learning Pods Platform for your benefit. If you are a parent or legal guardian and you provide your consent to your child’s use of the Learning Pods Platform or any Services, then you agree to be bound by these Terms with respect to your child’s use of the Learning Pods Platform and any Services.
4.2 You can register a Learning Pods Account by using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). You have the ability to disable the connection between your Learning Pods Account and your SNS Account at any time, by accessing the “Settings” section of the Learning Pods Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Learning Pods Account and public Learning Pods Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Learning Pods Account unless Learning Pods authorizes you to do so. You may not assign or otherwise transfer your Learning Pods Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Learning Pods Account credentials and may not disclose your credentials to any third party. You must immediately notify Learning Pods if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Learning Pods Account. You are liable for any and all activities conducted through your Learning Pods Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Learning Pods may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Learning Pods Account. For example, we may enable Members to link their Learning Pods Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Learning Pods to ask for your credentials, and you shall not request the credentials of another Member.
5 – Content
5.1 Learning Pods may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Learning Pods Platform (“Member Content“); and (ii) access and view Member Content and any content that Learning Pods itself makes available on or through the Learning Pods Platform, including proprietary Learning Pods content and any content licensed or authorized for use by or through Learning Pods from a third party (“Learning Pods Content” and together with Member Content, “Collective Content“).
5.2 The Learning Pods Platform, Learning Pods Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the Learning Pods Platform and Learning Pods Content, including all associated intellectual property rights, are the exclusive property of Learning Pods and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Learning Pods Platform, Learning Pods Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Learning Pods used on or in connection with the Learning Pods Platform and Learning Pods Content are trademarks or registered trademarks of Learning Pods in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Learning Pods Platform, Learning Pods Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Learning Pods Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Learning Pods or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Learning Pods grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Learning Pods Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Learning Pods Platform, you grant to Learning Pods a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Learning Pods Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Learning Pods does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 Learning Pods may offer Hosts and Facilitators the option of having professional photographers take photographs of their Services, which are made available by the photographer to Hosts and Facilitators to include in their Listings with or without a watermark or tag bearing the words “Learning Pods Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Learning Pods Platform if they no longer accurately represent your Listing, if you stop providing the Services featured in such Verified Images, or if your Learning Pods Account is terminated or suspended for any reason. You acknowledge and agree that Learning Pods shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Learning Pods is not the exclusive owner of Verified Images, by using such Verified Images on or through the Learning Pods Platform, you grant to Learning Pods an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Learning Pods in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Learning Pods Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Learning Pods Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Learning Pods Platform or you have all rights, licenses, consents and releases that are necessary to grant to Learning Pods the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Learning Pods’ use of the Member Content (or any portion thereof) as contemplated under these Terms 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.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Learning Pods’ Content Policy or any other Learning Pods policy. Learning Pods may, without prior notice, remove or disable access to any Member Content that Learning Pods finds to be in violation of applicable law, these Terms or Learning Pods’ then-current Policies or Community Standards, or otherwise may be harmful or objectionable to Learning Pods, its Members, third parties, or property.
5.9 Learning Pods respects copyright law and expects its Members to do the same. If you believe that any content on the Learning Pods Platform infringes copyrights you own, please contact us.
6 – Service Fees
6.1 Learning Pods may charge fees to Hosts (“Host Fees“), Learners (“Learner Fees“) and/or Facilitators (“Facilitator Fees”) (collectively, “Service Fees“) in consideration for the use of the Learning Pods Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host, Facilitator or Learner prior to publishing or accepting a Listing or Booking. Learning Pods reserves the right to change the Service Fees at any time by posting such changes on the Learning Pods Platform. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Learning Pods. The applicable Service Fees (including any applicable Taxes) are collected by Learning Pods. Learning Pods will deduct any Host Fees and Facilitator Fees from the Listing Fee before remitting the payout to the Host and Facilitator. Any Learner Fees are included in the Total Fees collected by Learning Pods. Except as otherwise provided on the Learning Pods Platform, Service Fees are non-refundable.
7 – Terms specific for Hosts and Facilitators
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Learning Pods Platform you must (i) provide complete and accurate information about your Services (such as listing description, general location, qualifications, learning offerings, and calendar availability), (ii) disclose any deficiencies, restrictions (such as rules) and requirements that apply (such as any minimum age or range, proficiency or fitness requirements for your Services), (iii) submit adequate pictures of the space (such as the main learning room, washroom, any stairs, outdoor spaces, local parks that may be used, kitchen, fire extinguisher, tables and chairs) (iv) specify whether your Listing is for Host Services, Facilitator Services or both and (v) provide any other pertinent information requested by Learning Pods. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as fees for providing food, cleaning or Services) for your Listing (“Listing Fee”). Once Member(s) request a booking of your Listing, you may not request that the Member(s) making the pod booking request pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.5 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Services. Learning Pods reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution that accurately reflect the Services and to determine whether the Hosting Space is suitable for Facilitator Services.
7.1.6 The placement and ranking of Listings in search results on the Learning Pods Platform may vary and depend on a variety of factors, such as Learner search parameters and preferences, Host requirements, Facilitator requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Services, and/or ease of booking.
7.1.7 When you accept a booking request by a Member, you are entering into a legally binding agreement with the Member (and any additional Learners that the Member is booking for) and are required to provide your Services to Member (and any additional Learners) as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee, Facilitator Fee and any applicable Taxes.
7.1.8 Learning Pods recommends that Hosts obtain appropriate insurance, whether through Learning Pods or a third party insurer, for their Host Services and any Facilitator Services that will take place at the Hosting Space. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Facilitators and Learners (and any additional Learners that the Learner has booked for, if applicable) while using your Hosting Space or providing a Learning Experience, Event or other Service at your Hosting Space.
7.2 Listing Hosting Spaces
7.2.1 Unless expressly allowed by Learning Pods, you may not list more than one Hosting Space per Listing.
7.2.2 You may not list a Hosting space that has swimming pools, trampolines and other equipment on the premises that is accessible by Members, can reasonably be considered dangerous to Members or minor children or is prohibited by any insurance policies for the Hosting Space. You are solely responsible for compliance with any insurance policies for your Hosting Space.
7.2.3 If you choose to require a security deposit for your Hosting Space, you must specify this in your Listing (“Security Deposit“). Hosts are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Learning Pods Platform.
7.2.4 You represent and warrant that any Listing you post and the booking of, or a Member’s use of, a Hosting Space will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Hosting Space at your request or invitation, excluding the Learner, Facilitator and any authorized individuals the Learners or Facilitator invite to the Hosting Space.
7.3 Listing Learning Experiences, Events and other Facilitator Services
7.3.1. To list a Learning Experience, Event or other Facilitator Service, you must create a Listing and submit the Learning Experience, Event or Facilitator Service to Learning Pods. Learning Experiences, Events or other Facilitator Services must at all times meet the Quality Standards for Learning Experiences. Learning Pods reserves the right to decide, in its sole discretion, whether a submitted Learning Experience, Event or other Facilitator Service will be published on the Learning Pods Platform. Once published, a Learning Experience, Event or other Facilitator Service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in these Terms.
7.3.2. When listing a Learning Experience, Event or other Facilitator Service you must, where applicable, fully educate and inform Members about (i) any risks inherent to the Learning Experience, Event or other Facilitator Service, (ii) any requirements for participation, such as the minimum age, related skills, minimum sessions per week, minimum commitment period, level of fitness or other requirements, (iii) anything else they may need to know to safely participate in the Learning Experience, Event or other Facilitator Service (including dress codes, equipment, special certifications or licenses, etc.), and (iv) any other pertinent information requested by Learning Pods.
7.3.3. Once your Learning Experience, Event or other Facilitator Service is published on the Learning Pods Platform, you will have the ability to add and modify dates and times when you offer your Learning Experience through the Learning Pods Platform. By making your Learning Experience, Event or other Facilitator Service available for particular dates and times on the Learning Pods Platform (an “Instance”), you agree that only people who book through Learning Pods can attend that Instance of the Learning Experience, Event or other Facilitator Service. You further agree that you will not allow people to attend any Instance of your Learning Experience, Event or other Facilitator Service available on the Learning Pods Platform unless that person booked through Learning Pods (or was added as an additional Learner for a spot booked through the Learning Pods Platform).
7.3.4. If you wish to list a Learning Experience, Event or other Facilitator Service on behalf of a Non-profit (“Social Impact Experience”), you must comply with any of Learning Pods’ eligibility requirements for hosting a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Non-profit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Non-profit. You and your Non-profit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with Learning Pods and Learning Pods is not a professional fundraiser or commercial participator. Non-profits, and not Learning Pods, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Learners charitable tax receipts for any applicable charitable contributions. You and your Non-profit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience.
7.3.5. Facilitators alone are responsible for the Learning Experiences, Events, or other Facilitator Services that they submit, list and provide, as well as the health, safety and safeguarding of Learners using the Hosting Space or Learning Experiences, Events or other Facilitator Services, and you assume all risk of harm or injury to all Learners participating in your Learning Experience, Event or other Facilitator Service. Learning Pods merely provides the Learning Pods Services and is not itself an operator or provider of classes, lessons, social gatherings, Learning Experiences, events or other Facilitator Services. Learning Pods does not own, sell, resell, furnish, provide, manage and/or control any such Learning Experiences, Events or other Facilitator Services. Learning Pods’ responsibilities are limited to making the Listings for Learning Experiences, Events or other Facilitator Services available through the Learning Pods Platform.
7.3.6. You are responsible for acquiring all equipment, including supplies, vehicles, Hosting Space, lesson plans and other materials (“Equipment”) necessary to host your Learning Experience, Event or other Facilitator Service. You are solely responsible for ensuring that the Equipment used in your Learning Experience, Event or other Facilitator Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
7.3.7. You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Learning Experience, Event or other Facilitator Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Learning Experience, Event or other Facilitator Service(s); and (iii) ensuring that your Listing and/or provision of Facilitator Services for a Learning Experience, Event, or other Facilitator Service(s) will not breach any agreement you may have with any third party.
7.3.8. You must provide your Learning Experience, Event or other Facilitator Service using the same format (whether in person or by video or telecommunication) that you have detailed in your Listing, or have otherwise agreed upon with all of the Learners participating in your Facilitator Service, and you may not allow any third party to provide the Learning Experience, Event or other Facilitator Service on your behalf, unless authorized by Learning Pods.
7.3.9. If you or we terminate these Terms, the clauses of this section 7.3 that reasonably should survive termination of these Terms will remain in effect. When these Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.
7.4 Co-Hosts
7.4.1 Learning Pods may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Facilitators and Learners, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”). Any agreement formed between Host and Co-Host may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Host Service(s). Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Learning Pods. Learning Pods reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage.
7.4.2 Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts remain solely responsible and liable for any and all Listings and Member Content published on the Learning Pods Platform, including any Listing created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Learner and Facilitator claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Learners and Facilitators, and the provision of any Co-Host Services.
7.4.3 Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that Learning Pods (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Host, that Member will no longer have access to any Host, Facilitator or Learner information related to the applicable Host’s Listing(s).
7.4.4 As a Co-Host, you will not be reviewed by Learners, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Instead, the Host of such Listing(s) will be reviewed by Learners (including potentially on the basis of the Co-Host’s conduct and performance). Hosts acknowledge that Reviews and Ratings from Learners for their Listing(s) may be impacted by a Co-Host’s conduct and performance.
8 – Terms specific for Learners
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Learning Pods and/or the Host and Facilitator, you can book a Listing available on the Learning Pods Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Facilitator Fee, Learner Fee, Hosting Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Learning Pods Account.
8.1.2 Upon receipt of a pod booking confirmation from Learning Pods, a legally binding agreement is formed between you, your Host and your Facilitator, subject to any additional terms and conditions of the Host and Facilitator that apply, including in particular any applicable cancellation policy and any rules and restrictions specified in the Listing. Learning Pods will collect the Total Fees at the time of the booking request or upon confirmation by Facilitator and Host pursuant to the Payments Terms. For certain bookings, Learners may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book Services on behalf of additional Learners, you are required to ensure that every additional Learner meets any requirements set by the Host and Facilitator, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host and Facilitator. If you are booking for an additional Learner who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in a Learning Experience, Event or other Services if (i) accompanied or authorized and enrolled by an adult who is responsible for them and can legally make decisions for their benefit and (ii) you agree to be bound by these Terms with respect to the minor’s use of the Learning Pods Platform and any Services.
8.1.4 Learning Pods may enable a Learner who is booking a Listing on behalf of one or more additional Learners (the “Organizer”) to split the payment of the Total Fees for an eligible booking on a pro-rata basis between the Organizer and at least one other Learner (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register a Learning Pods Account prior to making a payment. All payments via the Group Payment Service are handled by Learning Pods and are subject to the Payment Terms.
8.2 Booking Hosting Spaces
8.2.1 You understand that a confirmed booking of a Hosting Space (“Hosting Space Booking”) is a limited license granted to you by the Host to enter, occupy and use the Hosting Space for the duration of your use of the Hosting Space, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Hosting Space, in accordance with your agreement with the Host and these Terms.
8.2.2 You agree to leave the Hosting Space no later than the allotted time that the Host specifies in the Listing or such other time as mutually agreed upon between you, the Host and the Facilitator. If you stay past the agreed upon time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Hosting Space and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host and/or Facilitator, for each one (1) hour period (or any portion thereof) that you Overstay, an additional fee of up to 2 times the average hourly Listing Fee for such booking session originally paid by you to cover the inconvenience suffered by the Host and Facilitator, plus all applicable Learner Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees“). Overstay Fees for leaving late on the booking date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at a Hosting Space, you authorize Learning Pods to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Learner’s Overstay.
8.3 Booking Learning Experiences, Events and other Services
8.3.1 You should carefully review the description of any Services you intend to book to ensure you (and any additional Learners you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host and Facilitator has specified in their Listing. At your sole discretion you may want to inform the Host and/or Facilitator of any medical or physical conditions, or other circumstances that may impact your and any additional learner’s ability to participate in any Services. In addition, certain laws in the location of the Services may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in any Services.
8.3.2 Before and during a Learning Experience, Event or other Facilitator Service you must at all times adhere to the Hosts’ and Facilitators’ instructions.
8.3.3 You may not bring any additional individuals to the Hosting Space or a Learning Experience, Event or other Facilitator Service unless such an individual was added by you as an additional Learner or is listed as an authorized individual (such as a parent, emergency contact or designated pick-up person) in your Account profile or during the booking process on the Learning Pods Platform.
8.3.4 Upon booking confirmation of a Learning Experience, Event or other Facilitator Service and until such time that the booking is completed or cancelled, Learners (and any additional Learners you are booking for) are permitted to access any Hosting Space, and any other location where a Learning Experience, Event or other Facilitator Service may take place, at any time while any Learning Experience, Event or other Facilitator Service is taking place.
9 – Booking Modifications, Cancellations and Refunds
9.1 Learners, Facilitators and Hosts are responsible for any modifications to a booking that they make via the Learning Pods Platform (“Booking Modifications“), and agree to pay any additional Listing Fees, Host Fees, Facilitator Fees or Learner Fees and/or Taxes associated with such Booking Modifications.
9.2 Prior to a start date of a Booking, Learners can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host and/or Facilitator, and Learning Pods will refund the amount of the Total Fees due to the Learner in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host and Facilitator under the applicable cancellation policy will be remitted to the Host and Facilitator by Learning Pods pursuant to the Payment Terms.
9.3 On or after the start date of a Booking, Hosts, Facilitators and Learners are expected to commit to the agreed upon minimum commitment period as specified in the Listing or mutually agreed upon between the Host, Facilitator and Learners prior to confirming the Booking. Hosts, Facilitators and Learners may withdraw from a confirmed booking without penalty prior to the end of the Listing’s minimum commitment period only in accordance with the Withdrawal and Removal Policy. Where Learners withdraw from a confirmed booking prior to the end of the Listing’s commitment period, any portion of the Total Fees due to the Host and Facilitator under the Withdrawal and Removal Policy and the applicable cancellation policy will be remitted to the Host and Facilitator by Learning Pods pursuant to the Payment Terms.
9.4 If a Host or Facilitator cancels a confirmed booking, the Learner will receive a full refund of the Total Fees for any unused portion of the booking. In some instances, Learning Pods may allow the Learner to apply the refund to a new pod booking, in which case Learning Pods will credit the amount against the Learner’s subsequent pod booking at the Learner’s direction. Further, Learning Pods may publish an automated review on the Listing cancelled by the Host or Facilitator indicating that a booking was cancelled. In addition, Learning Pods may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the cancelling Member has a valid reason for cancelling the booking pursuant to Learning Pods’ Extenuating Circumstances Policy or has legitimate concerns about another Member or the Member’s behavior.
9.5 If weather poses a safety risk to Members, or if it prevents a Host or Facilitator from carrying out any Service that takes place primarily outdoors, Hosts or Facilitators may cancel the Services for that day. Hosts and Facilitators may also cancel any Services if other conditions exist that would prevent the Host or Facilitator from offering the Services safely.
9.6 In certain circumstances, Learning Pods may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in Learning Pods’ Extenuating Circumstances Policy or (i) where Learning Pods believes in good faith, while taking the legitimate interests of all parties into account, this is necessary to avoid significant harm to Learning Pods, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.7 If a Learner or Facilitator suffers a Hosting Travel Issue or a Learner suffers a Facilitator Travel Issue as defined in Learner Refund Policy, Learning Pods may determine, in its sole discretion, to refund the Learner part or all of the Total Fees in accordance with the Learner Refund Policy.
9.8 If a Learner or Learning Pods cancels a confirmed booking, and the Learner receives a refund in accordance with the Withdrawal and Removal Policy, Learner Refund Policy, Extenuating Circumstances Policy or the applicable cancellation policy set by the Host or Facilitator and mentioned in the Listing, after the Host and Facilitator have already been paid, Learning Pods will be entitled to recover the amount of any such refund from the Host and Facilitator, including by subtracting such refund amount out from any future Payouts due to the Host or Facilitator.
9.9 Except as otherwise set out in these Terms, Members may contact Learning Pods to send or request money for refunds, additional Services or Damage Claims related to bookings. You agree to pay all amounts sent through Learning Pods in connection with your Learning Pods Account, and Learning Pods will handle all such payments.
10 – Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Learners and Facilitators can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Learning Pods. Ratings and Reviews are not verified by Learning Pods for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Learners and Facilitators must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Learning Pods’ Policies.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Learning Pods Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11 – Damage to Hosting Spaces, Disputes between Members
11.1 As a Learner or Facilitator, you are responsible for leaving the Hosting Space (including any personal or other property located at the Hosting Space) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any authorized individuals whom you invite to, or otherwise provide access to, the Hosting Space, excluding the Host (and the authorized individuals the Host invites to the Hosting Space, if applicable).
11.2 If a Host claims and provides evidence that you as a Learner and/or Facilitator have damaged a Hosting Space or any personal or other property at a Hosting Space (“Damage Claim“), the Host can seek payment from you. If a Host escalates a Damage Claim to Learning Pods, you will be given an opportunity to respond. If you agree to pay the Host, or Learning Pods determines in its sole discretion that you are responsible for the Damage Claim, Learning Pods will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Learning Pods also reserves the right to otherwise collect payment from you and pursue any remedies available to Learning Pods in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts.
11.3 Members agree to cooperate with and assist Learning Pods in good faith, and to provide Learning Pods with such information and take such actions as may be reasonably requested by Learning Pods, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Hosting Space or any personal or other property located at an Hosting Space (including, without limitation, any payment requests), (ii) Learning Experiences, Events or other Facilitator Services (iii) Co-Host agreements, or (iv) a Group Payment Booking. A Member shall, upon Learning Pods’ reasonable request, participate in mediation or a similar resolution process with another Member, which process will be conducted by Learning Pods or a third party selected by Learning Pods or its insurer, with respect to losses for which a Member is requesting payment from Learning Pods.
11.4 If you are a Learner, Facilitator or a Co-Host, you understand and agree that Learning Pods may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including a Hosting Space) of the Host (including without limitation amounts paid by Learning Pods). You agree to cooperate with and assist Learning Pods in good faith, and to provide Learning Pods with such information as may be reasonably requested by Learning Pods, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Learning Pods may reasonably request to assist Learning Pods in accomplishing the foregoing.
12 – Rounding off
Learning Pods generally supports payment amounts that are payable from or to Learners, Facilitators or Hosts to the smallest unit supported by a given currency (i.e., Canadian cents, U.S. cents or other supported currencies). Where Learning Pods’ third-party payment services provider does not support payments in the smaller unit supported by a given currency, Learning Pods may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Learners, Facilitators or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar or other supported currency); for example, Learning Pods may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
13 – Taxes
13.1 As Hosts and Facilitators you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable taxes or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
13.2 Tax regulations may require us to collect appropriate Tax information from Members, or to withhold Taxes from payouts to Hosts or Facilitators, or both. If a Host or Facilitator fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Hosting Space or Facilitator Services are located may require Taxes to be collected from Members on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts and Facilitators (“Listing Taxes“).
13.4 In certain jurisdictions, Learning Pods may decide in its sole discretion to facilitate collection and remittance of Listing Taxes from or on behalf of Members, in accordance with these Terms (“Collection and Remittance“) if such jurisdiction asserts Learning Pods or any of its Members have a Listing Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Learning Pods to collect Listing Taxes on your behalf at the time Listing Fees are collected, and to remit such Listing Taxes to the Tax Authority. Learning Pods may decide in its sole discretion to collect Listing Taxes and remit such Taxes to eligible and qualifying Hosts and Facilitators, based on tax information supplied by the Host or Facilitator, for ultimate reporting and remittance by such Host or Facilitator to the Tax Authority (“Pass-Through Tax Feature”). Such Hosts or Facilitators using the Pass-Through Tax Feature will be solely responsible for informing Learning Pods about the correct Listing Tax amount to be collected from Learners in accordance with applicable law and directly remitting the Listing Taxes to the relevant Tax Authority. Learning Pods does not assume any liability for the failure of a participating Host or Facilitator to comply with any applicable tax reporting or remittance obligations. Where Learning Pods is facilitating Collection and Remittance, Hosts and Facilitators are not permitted to collect any Listing Taxes being collected by Learning Pods relating to their Services in that jurisdiction.
13.5 You agree that any claim or cause of action relating to Learning Pods’ facilitation of Collection and Remittance of Listing Taxes shall not extend to any supplier or vendor that may be used by Learning Pods in connection with facilitation of Collection and Remittance, if any. Members agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Listing Taxes collected is a refund of Listing Taxes collected by Learning Pods from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 Learning Pods reserves the right, with prior notice to Hosts and Facilitators, to cease the Collection and Remittance in any jurisdiction for any reason at which point Members are once again solely responsible and liable for the collection and/or remittance of any and all Listing Taxes that may apply to Services in the jurisdiction.
14 – Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Learning Pods Platform. In connection with your use of the Learning Pods Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Community Standards;
- use the Learning Pods Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Learning Pods endorsement, partnership or otherwise misleads others as to your affiliation with Learning Pods;
- copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Learning Pods Platform in any way that is inconsistent with Learning Pods’ Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
- use the Learning Pods Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Host, any Hosting Space that you do not yourself own or have permission to make available as a residential, commercial or other property through the Learning Pods Platform;
- unless Learning Pods explicitly permits otherwise, book any Listing if you will not actually be using the Services yourself, except where the Services are being booked by you for use by an additional Learner in accordance with these Terms;
- contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member’s use of the Learning Pods Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Learning Pods Platform to request, make or accept a booking independent of the Learning Pods Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Learning Pods Platform or Learning Pods. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Learning Pods harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- engage in any violence, harassment or sexual misconduct against anyone;
- misuse or abuse any Listings as determined by Learning Pods in its sole discretion.
- use, display, mirror or frame the Learning Pods Platform or Collective Content, or any individual element within the Learning Pods Platform, Learning Pods’ name, any Learning Pods trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Learning Pods Platform, without Learning Pods’ express written consent;
- dilute, tarnish or otherwise harm the Learning Pods brand in any way, including through unauthorized use of Collective Content, registering and/or using Learning Pods or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Learning Pods domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Learning Pods Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Learning Pods or any of Learning Pods’ providers or any other third party to protect the Learning Pods Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Learning Pods Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Learning Pods Platform;
- export, re-export, import, or transfer the Application except as authorized by Canadian law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that Learning Pods has no obligation to monitor the access to or use of the Learning Pods Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Learning Pods Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Learning Pods in good faith, and to provide Learning Pods with such information and take such actions as may be reasonably requested by Learning Pods with respect to any investigation undertaken by Learning Pods or a representative of Learning Pods regarding the use or abuse of the Learning Pods Platform.
14.3 If you feel that any Member or third party using the Services you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, (iii) engages in physical, sexual or emotional abuse, neglect or a risk of harm to another Member or a third party using the Services, (iv) you suspect of breaking any laws, or (v) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Learning Pods by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15 – Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Learning Pods terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Learning Pods Account as a Facilitator or Host, any confirmed booking(s) will be automatically cancelled and your Learners will receive a full refund. If you cancel your Learning Pods Account as a Learner, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, Learning Pods may terminate this Agreement for convenience at any time by giving you seven (7) days’ notice via email to your registered email address.
15.4 Learning Pods may immediately, without notice, terminate this Agreement and/or stop providing access to the Learning Pods Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Community Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Learning Pods believes in good faith that such action is reasonably necessary to protect the personal safety or property of Learning Pods, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Learning Pods may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Community Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Learning Pods Account registration, Listing process or thereafter, (iv) you and/or your Listings or Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Learning Pods otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings, failed to respond to booking requests without a valid reason, or failed to appear at a booking on time, or (vii) Learning Pods believes in good faith that such action is reasonably necessary to protect the personal safety or property of Learning Pods, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to post, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Learning Pods Platform;
- temporarily or permanently revoke any special status associated with your Learning Pods Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Learning Pods Account and stop providing access to the Learning Pods Platform.
In case of non-material breaches and where appropriate, you may be given notice of any intended measure by Learning Pods and an opportunity to resolve the issue to Learning Pods’ reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund in full any affected Members as appropriate for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Learning Pods Account or any of your Member Content. If your access to or use of the Learning Pods Platform has been limited or your Learning Pods Account has been suspended or this Agreement has been terminated by us, you may not register a new Learning Pods Account or access and use the Learning Pods Platform through an Learning Pods Account of another Member.
15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.
16 – Disclaimers
If you choose to use the Learning Pods Platform or Collective Content, you do so voluntarily and at your sole risk. The Learning Pods Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Learning Pods Services, laws, rules, or regulations that may be applicable to your Listings and/or Services you are receiving and that you are not relying upon any statement of law or fact made by Learning Pods relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Services, or the Group Payment Service may carry inherent risk, and by participating in such services or enrolling a minor child to participate in such services, you choose to assume those risks voluntarily. For example, some Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate, or to enrolling a minor child to participate, in those Services. You assume full responsibility for the choices you make before, during and after your participation, or the participation of a minor enrolled by you, in a Service or the Group Payment Service. If you are enrolling a minor to participate in any Services, you are solely responsible for that minor child throughout the duration of any Services and to the maximum extent permitted by law, you agree to release and hold harmless Learning Pods from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Services or in any way related to your Services.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17 – Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Learning Pods Platform and Collective Content, publishing or booking of any Listing via the Learning Pods Platform, use of any Hosting Space, participation in any Services, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Learning Pods nor any other party involved in creating, producing, or delivering the Learning Pods Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Learning Pods Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Learning Pods Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Services by you, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Learning Pods has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts and Facilitators pursuant to these Terms, in no event will Learning Pods’ aggregate liability arising out of or in connection with these Terms and your use of the Learning Pods Platform including, but not limited to, from your publishing or booking of any Listings via the Learning Pods Platform, or from the use of or inability to use the Learning Pods Platform or Collective Content and in connection with any Services, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Learning Pods Platform as a Learner in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host or Facilitator, the amounts paid by Learning Pods to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Canadian dollars (CAD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Learning Pods and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. This does not affect Learning Pods’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
18 – Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at Learning Pods’ option), indemnify, and hold Learning Pods and its affiliates and subsidiaries, including but not limited to, Learning Pods’ officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Learning Pods Platform or any Learning Pods Services, (iii) your, or anyone enrolled by you (if applicable), interaction with any Member, use of a Hosting Space, participation in any Services, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, use or participation, (iv) Learning Pods’ Collection and Remittance of Listing Taxes, or (v) your breach of any laws, regulations or third party rights.
19 – Dispute Resolution and Arbitration Agreement
19.1 Overview of Dispute Resolution Process. Learning Pods is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals that bring any claim against Learning Pods: (1) an informal negotiation directly with Learning Pods, and (2) a binding arbitration administered by The ADR Institute of Canada, Inc. (“ADRIC”) using its Arbitration Rules (as modified by this Section 19).
19.2 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Learning Pods each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Learning Pods by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed in accordance with the Arbitration Rules (available at www.adric.ca/rules-codes/).
19.3 Agreement to Arbitrate. You and Learning Pods mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Learning Pods Platform, the Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Learning Pods agree that the arbitrator will decide that issue.
19.4 Exceptions to Arbitration Agreement. You and Learning Pods each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.5 Modification to ADRIC Arbitration Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Learning Pods agrees that any required arbitration hearing may be conducted, at your option, (a) in Toronto, Ontario; (b) in any other location to which you and Learning Pods both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by using the Simplified Arbitration Rules of the ADR Institute of Canada, Inc..
19.6 Modification of ADRIC Arbitration Rules – Legal Fees and Costs. You and Learning Pods agree that Learning Pods will be responsible for payment of the balance of any initial filing fee under the AIDRIC Arbitration Rules in excess of $200 for claims of $50,000 or less. You may be entitled to seek an award of legal fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the Arbitration Rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Learning Pods agrees it will not seek, and hereby waives all rights it may have under applicable law or the Arbitration Rules, to recover legal fees and expenses if it prevails in arbitration.
19.7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.8 Jury Trial Waiver. You and Learning Pods acknowledge and agree that all arbitrable Disputes that may arise is likely to involve complicated and difficult issues and, therefore, we are each irrevocably and unconditionally waiving any right to a trial by jury as to all arbitrable Disputes. You acknowledge that you (a) have considered and understood the implications of this waiver, (b) have made this waiver knowingly and voluntarily, and (c) have been induced to enter into these Terms by, among other things, the mutual waivers and acknowledgements in this Section.
19.9 No Class Actions or Representative Proceedings. You and Learning Pods acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all Disputes. Further, unless you and Learning Pods both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 19.9 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “representative proceeding” waiver in this Section 19.9 is held unenforceable with respect to any Dispute, that waivers may be severed from this Arbitration Agreement and you and Learning Pods agree that any representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
19.10 Severability. Except as provided in Section 19.9, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.11 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Learning Pods changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Learning Pods (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Learning Pods.
19.12 Survival. Except as provided in Section 19.10 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Learning Pods Platform or terminate your Learning Pods Account.
20 – Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Learning Pods Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Learning Pods Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21 – Applicable Law and Jurisdiction
21.1 The Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of law principles, and these laws apply to Learning Pods Platform, notwithstanding your domicile, residency or physical location. You hereby attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom, unless we both agree to some other location. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The Learning Pods Platform is intended for use only in jurisdictions where it may lawfully be offered for use.
22 – General Provisions
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Learning Pods and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Learning Pods and you in relation to the access to and use of the Learning Pods Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and Learning Pods as a result of this Agreement or your use of the Learning Pods Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 Learning Pods’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Learning Pods’ prior written consent. Learning Pods may, at its sole discretion, without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Learning Pods via email, Learning Pods Platform notification, or messaging service (including SMS).
22.8 If you have any questions about these Terms please email us.
Policies
Alcohol, Drugs, Medication Policy
Storage and Use of Alcohol, Drugs, Medication and Weapons
Due to the sensitive nature of Services offered by Facilitator, Learning Pods strives to ensure the safety and wellbeing of all Members, including Facilitators, Hosts, Learners, authorized individuals and third parties enrolled in any Services. Alcohol and drug use is not permitted by you at any Hosting Space or while providing any Services. This policy is put in place to ensure that alcohol, drugs and medications are managed safely and securely by Hosts and Facilitators prior to providing any Services or while any Learners or Facilitators are using the Hosting Space.
Alcohol, Drugs and Medication Policy
Learning Pods has a zero-tolerance policy regarding the use of drugs, alcohol or any substance causing an individual to be under the influence while providing any Services or while at a Hosting Space where Services are being provided. The manufacture, possession, distribution, transfer, purchase, sale, use, or being under the influence of alcohol or drugs, illegal or legal, while at the Hosting Space and while providing any Services, is strictly prohibited.
“Under the influence” refers to having any detectable presence of an illegal drug or alcohol in the body.
You may use physician prescribed or over-the-counter medication provided that the use of such drugs does not adversely affect the safe and effective performance of any Services. If your medical therapy requires the use of a drug that may affect your performance of any Services, you must immediately report such use to Learnings Pods, the Host of the Hosting Space (if applicable) prior to providing any Services. While the proper use of prescription or over-the-counter medication is not grounds for disciplinary action, the use of such medication may necessitate modification and approvals from Learning Pods, the Host and any Learners involved to ensure the health and safety of all individuals using or providing Services. All Members should report any suspected use of drugs or alcohol that are contrary to this policy to Learning Pods.
Weapons Policy
Our Community Standards require that all weapons that are present at a listing must be properly stored and secured. If a weapon is in plain sight or discoverable by Learners, Hosts are required to indicate its presence to Facilitators and Learners in their Hosting Space Rules. Facilitators are also required to report the presence of any unreported weapons to Learning Pods upon their discovery.
If prior notice of a secured weapon is not provided and the Facilitator or Learners prefers to cancel the reservation, Learning Pods will allow cancellation but may take any actions necessary against the Host.
Note: All weapons present in a listing must be secured regardless of whether they’ve been disclosed. People who violate this expectation may be suspended or removed from the Hosting Space.
What’s considered a weapon?
Any item, tool or mechanism that can be used for inflicting bodily harm or physical damage that can reasonably be considered as dangerous to openly have or leave in the presence of minors. This includes, but is not limited to: Standard firearms, air guns, sharp objects such as knives and blades, self-defence or deterrent devices such as tasers or pepper spray, ammunition of any kind, and imitation firearms.
Accepted types of secure storage for Alcohol, Drugs, Medications and Weapons
Locked cases or cabinets and visible locking devices that are not accessible to Learners are acceptable storage options. Secured storage must guarantee that only authorized users have access.
Animals Policy
What are Learning Pods’ rules about animals?
Our Community Standards require that Hosts not keep animals at a Hosting Space without notifying and obtaining consent from Facilitators and Learners, and, if consent is provided, properly securing the animal in a safe and secure accommodation. If an animal is present in a listing, Hosts are required to indicate its presence in their Hosting Space Rules.
Facilitators are also required to abide by the same rules as above if they are travelling with an animal.
If an animal causes an injury, we may suspend the owner’s account or remove them from Learning Pods.
Acceptable safe and secure accommodation
Safe and secure accommodation for an animal is an enclosure suited to the needs of the animal that eliminates the risk of contact to Facilitators and Learners. The enclosure must prevent any escape and/or contact between the secured animal and people or other animals.
Exceptions for Assistance Animals
This policy does not apply to assistance animals (such as a service or emotional support animal) that are required to be with the Host, Facilitator or Learner, provided that the owner of the assistance animal provides prior notice to the Host, Facilitator or Learners, as applicable, that they will be bringing an assistance animal so as to prevent the potential for pet allergies among others.
Cleaning and Sanitation
Cleaning and Sanitation Guidelines to Prevent the Spread of COVID-19
Cleanliness and proper sanitation practices are always on the top of our mind at Leaning Pods. We know that our community has high expectations for their hosting spaces and learning environments. In this guide, we provide you a useful list of recommendations to main a clean and sanitary hosting space – including what supplies to use, how to help keep yourself and others safe, and how to elevate your cleaning protocols.
Here are some guidelines to follow when cleaning and sanitizing your hosting space between bookings. If you use the services of a cleaning professional, please instruct them to follow these guidelines as well.
- Thoroughly wash your hands before and after cleaning.
According to Health Canada, washing your hands correctly is the most effective thing you can do protect yourself and others from infectious diseases. Use soap and water, and wash for at least 20 seconds. If that’s not possible, use a hand sanitizer with at least 60% alcohol. Learn more about proper hand washing.
- Ventilate rooms before you clean.
The Government of Canada and Public Health Ontario recommends cleaning in well ventilated spaces. This can be achieved by opening outside doors and windows and using fans to increase air flow and circulation in the space before you begin cleaning and sanitizing.
- Wearprotective equipment while you clean.
Personal protective equipment, such as disposable gloves, gowns, facial coverings (such as respiratory masks), can provide additional protection to anyone cleaning or sanitizing a hosting space. Ensure that you have followed proper hand washing protocols immediately after removing any personal protective equipment.
- Avoid touching your face.
Infectious diseases often enter our systems through our face, nose and eyes, and typically because of unwashed hands. Ensure that you are paying extra attention when you are cleaning.
- Avoid cross-contamination.
You should spend the most time cleaning the areas that are most prone to germs. After you finish sanitizing an area or room, close the door and disinfect the doorknob to prevent any re-contamination of the room or space. Once an area is sanitized, it is advisable to not re-enter that area. Always end your cleaning protocol with the entryway.
- Clean first, sanitize second.
Microorganisms can only be successfully removed and/or inactivated if dirt and debris are completely removed. Use detergent or soap and water to remove dirt, grease, dust, and germs. Once you have cleaned the surface, follow up with a disinfectant spray or wipe. Allow disinfectants to sit for a few minutes, then wipe away. If you are using disposable wipes or paper towel, it is best to use a new cleaning cloth for each cleaning session.
- Use the right disinfectant.
Canadian public health officials believe that most common household disinfectants with diluted household bleach or 60% to 80% alcohol are effective against most infectious diseases. Be sure to pay extra attention to high touch surfaces, such as light switches, toilet handles, counters, doorknobs and touch screen surfaces (See our Surfaces to Sanitize list at the bottom of this guide). Always remember to never mix household bleach with any other cleaning solution that can release toxic gases that are dangerous to inhale.
- Don’t forget about sofas, rugs, drapes, and other soft linens.
Be sure to remove any visible dirt or grease, then clean with an appropriate disinfectant for use on these surfaces. If possible, remove the outer lining and machine-wash these items according to the manufacturer’s instructions.
- Use high heat washing machine settings when possible. This includes blankets, covers, hand and bath towels, kitchen towels, and blankets. Always wear personal protective equipment when handling dirty linens. Avoid unnecessarily shaking dirty linens, which could increase the spread of germs.
- Dispose of or sanitize cleaning supplies after cleaning.
After you are done cleaning and disinfecting, wipe down all cleaning supplies used to clean and disinfect your hosting space with a disinfectant wipe. Paper towels, disinfectant wipes and other disposable cleaning supplies should be immediately deposited into the trash. Vacuum cleaners should be emptied, and appliances such as dishwashers and washing machines should be wiped down as well. Any reusable cleaning clothes should be washed at high heat settings.
- Manage trash and recycling bins.
Remove any trash bags and recycling in the hosting space. Always wear personal protective equipment when handling trash and recycling.
- Check the space.
Always check the hosting space after cleaning and sanitizing to ensure that you did not miss any spots. You can methodically check each room once you are done or conduct your check on a room-by-room basis as you clean and sanitize the hosting space. Always double check any high touch areas and surfaces.
- Safely remove personal protective equipment.
Once you have completed your cleaning and sanitation protocol, immediately remove any personal protective equipment and dispose or wash them immediately.
- Wash your hands, again.
Remember to wash your hands thoroughly with soap and water for at least 20 seconds after you are done cleaning and disinfecting the space.
Helping Others to Protect Themselves
Many Facilitators and Learners will want to take extra measures to reduce the risk of infection. Hosts can encourage social distancing by installing key lockboxes or smart locks with a keypad. Person-to-person contact can also be minimized by ensuring that no unauthorized individuals are present or will be present during a booking.
To help Facilitators and Learners maintain our high standard of cleanliness, ensure that they have all essential amenities during their use of your hosting space, including adequate hand soap, hand sanitizer, paper towels, tissues and toilet paper.
Providing cleaning supplies and disinfectants also encourages Facilitators and Learners to clean up after themselves. You could also provide Facilitators with cleaning guidelines so that they leave your hosting space in a neat, tidy and clean manner.
If you mention your cleaning protocols in your listing description, avoid making unsubstantiated claims such as stating that your space is “COVID-free”. It is okay, however, to list the cleaning protocols that you are employing to prevent the spread of viruses and illnesses.
*This content is based on publicly available information from Health Canada and other provincial public health entities. Health Canada and the other provincial public health entities do not endorse this content or Learning Pods. Learning Pods makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to this content provided for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Checklist of items to clean and sanitize
General:
- Light switches
- Doorknobs and door handles
- Counters and surfaces
- Railings
- Elevator buttons
- Remote controls
- Touch screen surfaces and keypads
- Tables and chairs
- Fan and lamp chains
- Window sills and window handles
- Garbage and recycling bins
- Thermostats
- Keys
Kitchen (if accessible to Facilitators and Learners):
- Kitchen sinks and handles
- Cabinet handles
- Appliances (oven, dishwasher, refrigerator, toaster, coffee maker, etc.)
- Condiments (salt and pepper shakers, commonly used spices and containers, etc.)
- Kitchenware (plates, bowls, plasticware, utensils, etc.)
- Tables and chairs
- Surfaces
Bathroom:
- Sinks, faucets and handles
- Toilets and handles
- Surfaces and counters
- Handles and pulls
- Toilet paper roll holder
- Soap dispensers
Cleaning supplies and appliances:
- Vacuum cleaners
- Mops and brooms
- Cleaning supplies and containers
- Washer/dryer units
Kids’ items and toys:
- Toys
- Play pens
- Pens and pencils
- Highchairs
Other items (including anything else that Facilitator or Learner may have access to):
General Disclaimer
This guide is a simple summary is not intended to be comprehensive. You should be aware that local governments around the world are issuing health and safety guidelines which may include mandatory cleaning protocols. You should always consult local guidelines and rules that may have been issued by your local, provincial or federal governments or health authorities, and ensure that you also comply with them.
This is not provided with any guarantee, whether of comprehensiveness, efficacy, or otherwise. Use of these guidelines is subject to our Terms. If you decide to follow the cleaning and sanitation protocol, you acknowledge that you may need to take additional steps to protect yourselves, your teams, and anyone that enters your hosting space and that you or anyone that enters your hosting space may still come into contact with and/or contract a communicable disease, including COVID-19, even if you follow these steps. Learning Pods is not responsible for any injuries or disease resulting from following these guidelines.
Every Hosting Space on Learning Pods is different, and we understand that some have unique features that may require specialized cleaning or sanitizing. If a Facilitator or Learner has access to a space that is not covered by these guidelines, apply the principles outlined in these guidelines when cleaning and sanitizing that space. If a Facilitator or Learner must pass through an area of the Hosting Space that you’re not able to clean to access your listing, we recommend that you let them know what areas you could not clean so they can take appropriate precautions.
Community Standards
Consistent expectations of Host, Facilitator and Learner behavior creates a foundation of trust to create a world where anyone can engage in the provision of high-quality educational services. We’ve established these Community Standards to help guide behaviour and codify the values that underpin our standards.
Although we are constantly refining our approach to meet the needs of our community, these five standards—safety, security, reliability, equality and authenticity—remain central pillars in our efforts to help ensure safety and foster belonging in the Learning Pods community. We’re always working to make sure they’re upheld and enforced.
Safety
Your Learning Pods learning experiences begins the moment you seek out one of our complementary educational offerings. The Learning Pods platform can only thrive if you trust this community and feel safe. As a result, we require that you refrain from harming, threatening or endangering anyone.
- Harming yourself or others. You should not commit physical or sexual assault, sexual abuse, sexual harassment, domestic violence, robbery, theft, human trafficking, other acts of violence, or hold anyone against their will. Members of dangerous organizations, including terrorist, organized criminal, and violent racist groups, are not welcome in this community. Learning Pods is committed to working with law enforcement when necessary and responding to valid law enforcement requests. We take suicide, self-injury, eating disorders, and drug abuse extremely seriously and strive to help people in crisis.
- Threatening anyone. You should not convey an intent to harm anyone by your words or physical actions. We also take threats of self-harm as seriously as we do actions and may intervene if we become aware of such a threat.
- Creating hazardous situations. You should not keep weapons, dangerous objects, unsecured drugs or alcohol, disease risks, medical risks or unsecured animals in your Listing, nor should you create conditions that increase the likelihood of dangerous situations, such as a fire hazard or impeding escape in the event of an emergency.
Security
The Learning Pods community shares their homes, commercial spaces, knowledge and experiences with others. We require that you respect other people and their property, information, and personal belongings. Whether you are opening your home or business space as a host or experiencing a learning experience by a Facilitator, you should trust that you will be safe and secure.
- Damage, theft, or extortion.
You should not use someone’s property or space without their permission, take someone’s property that isn’t yours, copy others’ keys or identifying information, damage others’ property, remain in a hosting space after your booking session has concluded, threaten anyone with a bad rating or review or any other penalty or harm to obtain compensation or other benefit.
- Spam, phishing, or fraud.
You should not engage in transactions outside of the Learning Pods platform, attempt to divert traffic to other sites or market unrelated products or services, engage in identity fraud, booking fraud, credit card fraud or launder money, or make false claims about others in the community.
- Violating privacy or intellectual property rights.
You should not access others’ accounts without prior authorized or violate others’ privacy, copyrights, trademarks or other rights; You should not spy on other people or gather information unrelated to the provision of your Services; Cameras and video recording devices are not allowed in your hosting space or listing without previously disclosing them and making them visible to all, and they are never permitted in private spaces (such as bathrooms or change rooms).
Reliability
Every Learning Pods Host, Facilitator and Learner is unique, but each learning experience demands a high quality and reliable environment to foster learning and development. Because the Learning Pods community makes commitments based on these factors, we have to be able to trust each other’s quality and reliability – whether it be with regards to timely communication, well-planned curriculums, or in the expectations we set.
- Providing high quality educational environments.
You should not provide hosting space that is unsuitable for learning, lack dedicated restroom facilities, or have sub-standard amenities (uncleanliness, lack of running water or electricity, or unsafe emergency exits).
- Preparation and Planning.
You should not engage in the facilitation of a learning experience if you lack experience, expertise or knowledge of a particular subject or category. You are expected to be well prepared and have a well-planned educational curriculum to meet the needs of Learners.
- Breaking Commitments.
Absent extenuating circumstances, you should not cancel bookings before the minimum commitment period, consistently show up late or deliver sub-standard services. You should also not fail to facilitate a timely start to booking sessions, fail to pay, or break listing rules.
Equity
The Learning Pods community is diverse and unique, with community members spanning many different cultures, backgrounds, religions, races, ages and identities. Accountability for equitable circumstances is what holds us together, makes it possible for us to trust one another, and integrate seamlessly into communities of belonging.
- Discrimination or hate speech.
You should follow all applicable laws, regulations and human rights guidelines, and not treat others differently because of their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, disability, or illness. Everyone deserves to be treated with respect in every interaction.
- Bullying, harassing and targeting others.
You should not direct slander or hurtful words at others, target others with unwanted behaviors, shame or blackmail others, defame others, or violate any of our standards or prohibited activities.
- Disturbing third parties.
You should not create a pervasive nuisance or disturbance for your fellow Learning Pods community members, third parties or neighbours. You should always listen and respond to neighbour or community concerns and put your best foot forward to correct any issues.
Authenticity
Since the Learning Pods’ community is built on trust and safety, authenticity is essential for ensuring shared expectations, honest interactions and accurate details. Authenticity inspires mindful communications, genuine relationships and real connections.
- Misrepresenting yourself.
You should not provide false information about yourself, your listings, your experience or expertise, or your capabilities; you shall not maintain duplicate accounts, use others’ accounts without authorization, or create an account if you are under the age of 18.
- Misrepresenting your hosting space.
You should not provide inaccurate information about your hosting space, it’s location, amenities, features, or suitability for learning; You may not have incorrect availability, make minimum commitments that you cannot meet, mislead others about the type, nature or details of your hosting space, substitute one listing for another, create a fraudulent listing, post a fraudulent review, engage in deceptive pricing, or fail to disclose safety hazards or other potential issues.
- Not merely transaction.
We expect that every listing, whether for a hosting space or a learning space, is not just a transaction. Instead, each listing is an opportunity for others to grow, nurture and belong together with other members of their community.
Content Policy
Learning Pods’ Content Policy
By posting content on Learning Pods, you agree to abide by this policy. We reserve the right to remove any content, in whole or in part, that violates this policy, our Terms of Service, our Community Standards, any other policies that are applicable to you, or for any other reason at our sole discretion. In the event of repeated or severe violations, we may suspend or permanently deactivate your account. You may contact us to report content that appears to violate this policy.
The following content is never allowed on Learning Pods:
- Spam, unwanted contact or solicitation, or content that is shared repeatedly in a disruptive manner.
- Content created for the sole purpose of advertising or other commercial content, including logos, links and names of other companies.
- Content that promotes or endorses violent, illegal or harmful activity, or that is sexually explicit, graphic, threatening, harassing.
- Discriminatory content (see our Non-Discrimination Policy for more information).
- Attempts to impersonate another person, account, entity or Learning Pods’ affiliate, including a representative of Learning Pods.
- Content that is illegal or that violates another person’s or entity’s rights, including intellectual property rights and privacy rights.
- Content that includes or discloses another person’s private or confidential information, including content that is sufficient to identify a listing’s location.
The following are policy violations specific to certain types of content:
- Listing titles
- Listing titles that include information irrelevant to the listing type, style or experience.
- Listing titles that include symbols or emojis.
- Listing or profile pages
- Listings and profiles that provide fraudulent, false, misleading, or deceptive information.
- Reviews
- Reviews that are biased and exhibit indications of extortion/incentivization, conflicts of interest, or direct competition.
- Where a review contains no relevant information about a Host or Facilitator, listing, services or experience, the review will be removed. Reviews that contain mostly irrelevant information are also subject to removal, but only where the otherwise relevant information would not be expected to meaningfully inform the decisions of others.
Extenuating Circumstances Policy
Effective Date: _____
Overview
This Extenuating Circumstances Policy explains how cancellations are handled when unforeseen events beyond your control arise after booking and make it impracticable or illegal to complete your booking reservation. This Policy applies to reservations for Hosting Spaces, Learning Experiences, Events and other Facilitator Services.
When this Policy allows for cancellation, it controls and takes precedence over the Listing’s cancellation policy. Learners that are impacted by an event covered by this Policy can cancel the affected portion of a confirmed booking and receive, depending on the circumstances, a cash refund, credit, and/or other consideration. Hosts that are impacted by an event covered by this Policy can cancel without adverse consequences, but, depending on the circumstances, their calendars may be blocked for the dates of the cancelled booking.
Facilitators that are impacted by an event covered by this Policy must first make all reasonable efforts to transition any in-person Learning Experience or other Facilitator Service online. If a Facilitator is unable, for whatever reason, to transition their services online, the impacted Facilitator may contact Learning Pods. Where Learning Pods, in its sole discretion, determines that transitioning the Learning Experience or other Facilitator Service online is not possible, the Facilitator impacted by an event covered by this Policy can cancel without adverse consequences.
What events are covered
This Policy uses the term “Event” to refer to the following situations that occur after booking, are unforeseen at the time of booking, and prevent or legally prohibit completion of the booking.
Changes to government travel requirements. Unexpected changes imposed by a governmental agency that prevent travel to the destination. This doesn’t include lost or expired documents or other personal circumstances relating to a Learner’s travel arrangements.
Declared emergencies and epidemics. Government declared local or national emergencies, epidemics, pandemics, and public health emergencies. This does not include diseases that are endemic or commonly associated with an area—for example, malaria in Thailand or dengue fever in Hawaii.
Government travel restrictions. Travel restrictions imposed by a governmental agency that prevent or prohibit travelling to, staying at, or returning from the Listing location. This does not include non-binding travel advisories and similar government guidance.
Military actions and other hostilities. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest.
Natural disasters. Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events. This does not include weather or natural conditions that are common enough to be foreseeable in that location—for example, hurricanes occurring during hurricane season in Florida.
What is not covered
Everything else. This Policy only allows for cancellations for the Events described above. Everything else is excluded. Examples of situations that this Policy does not allow cancellations for include: unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition); cancellation or rescheduling of an event for which the booking was made; and transportation disruptions unrelated to a covered Event like road closures, as well as flight, train, bus and ferry cancellations. If you cancel a reservation in these cases, the amount refunded will be determined by the cancellation policy that applies to the reservation.
What to do next
If we notify you or publish information confirming that this Policy applies to your booking, please follow the cancellation instructions that we provide. When we have notified you or published information about how this Policy applies, you should have the option to cancel under this Policy by going to your Bookings page and cancelling the impacted booking. If you believe this Policy applies to your reservation, but we have not notified you or published information about the Event, please contact us to cancel your reservation. In all cases, you should be prepared to provide documentation that shows how the Event has impacted you or your reservation.
If you have questions, please contact us.
Other things to be aware of
This Policy applies to all reservations with a start date on or after the effective date.
Our extenuating circumstances policy is intended to protect Hosts, Facilitators and Learners from unforeseen circumstances that arise after booking. After the declaration of COVID-19 as a global pandemic by the World Health Organization, the extenuating circumstances policy no longer applies to COVID-19 related matters because COVID-19 and its consequences are no longer unforeseen or unexpected. Please remember to carefully review your Host’s or Facilitator’s cancellation policy when booking and consider choosing an option that provides flexibility.
The only COVID-19 related circumstances that are covered are where the Host, Learner or Facilitator is currently sick with COVID-19. COVID-19 related circumstances not covered include: transportation disruptions and cancellations; travel advisories and restrictions; health advisories and quarantines; changes to applicable law; and other government mandates—like evacuation orders, border closures, prohibitions on short-term rentals, and shelter-in-place requirements. The Host’s and Facilitator’s cancellation policy will apply as usual.
Hand Hygiene & Respiratory Etiquette
Learning Pods is committed to providing a safe and healthy educational environment for everyone—but everyone must do their part to maintain high standards of safety. Cleanliness and proper hygiene behaviors are important to prevent the risk of communicable disease and infections. In accordance with the public health directives of Health Canada and the provincial public health entities, it is important that everyone is aware of proper hand hygiene and respiratory etiquette. The following are a series of recommendations to maintain proper hand hygiene and respiratory etiquette.
Maintaining Proper Hand Hygiene
Your hands can carry and spread infectious diseases. Touching your eyes, nose, mouth or sneezing or coughing into your hands may provide an opportunity for germs and bacteria to get into your body or spread to others. Good hand hygiene practices is the most important step to avoiding the spread of infectious diseases throughout the community. Hosts, Facilitators and Learners should ensure that everyone is always practicing good hand hygiene when hands are potentially contaminated and/or after:
• Sneezing, coughing, or blowing your nose
• Using the restroom
• Handling garbage or waste
• Handling raw foods
• Indoor or outdoor play
• Handling soiled laundry or dishes
• Handling soiled toys or other items
• Coming into contact with bodily fluids
• Coming into contact with any soiled items
In addition, hands should be cleaned using soap and water or, if soap and water are not available, hand sanitizer with at least 60% alcohol, before and after:
• Preparing, handling, serving and eating food
• Handling animals
• Touching a cut or open sore
• Using gloves
• Before and after taking medication
According to Health Canada, washing your hands correctly is the most effective thing you can do protect yourself and others from infectious diseases. When your hands might be uncleanly, follow these steps for cleaning hands:
1. Apply soap and water or hand sanitizer (60-90% alcohol) to your hands.
2. Rub your hands together for at least 20 seconds.
3. Work soap mixture or sanitizer between fingers, back of hands, fingertips, under your fingernails and up to two inches above your wrist.
4. If you’re using soap and water, dry your hands with a clean towel.
5. If you’re using hand sanitizer, rub your hands until they are dry.
Use of Personal Protective Equipment
You should always wear personal protective equipment (such as gloves, face coverings, masks, gowns, etc.) when it is anticipated that your hands will come into contact with mucous membranes, broken skin, tissue, blood, bodily fluids, secretions, excretions, contaminated equipment or environmental surfaces. Some personal protective equipment, such as gloves, are for a single use. The following are some guidelines for how to properly handle personal protective equipment:
1. Follow proper hand hygiene (hand washing) before applying and after removing personal protective equipment.
2. Remove personal protective equipment in a safe and sanitary manner.
3. Immediately store personal protective equipment for cleaning or, if for single use, discard immediately.
4. Wash and sanitize hands after removing.
Respiratory Etiquette
Many infectious diseases are spread through breathing, coughing or sneezing. You should always try to maintain your distance from others whenever possible (preferably more than two meters/6 feet, or any other recommendations provided by your local, provincial or federal government). You should always have tissue to cover your mouth when you cough, cover your nose when you sneeze or to blow your nose. Discard all tissues immediately into the trash bin. If you don’t have a tissue available, avoid coughing or sneezing in the direction of others and instead cough or sneeze into your shirt sleeve, not your hands. Always regularly practice proper hand hygiene and keep your hands sanitary at all times.
General Disclaimer
This guide is a simple summary is not intended to be comprehensive. You should be aware that local governments around the world are issuing health and safety guidelines which may include mandatory cleaning protocols. You should always consult local guidelines and rules that may have been issued by your local, provincial or federal governments or health authorities, and ensure that you also comply with them.
This is not provided with any guarantee, whether of comprehensiveness, efficacy, or otherwise. Use of these guidelines is subject to our Terms. You acknowledge that you may need to take additional steps to protect yourselves, your teams, and anyone that enters the hosting space or participates in any learning activity and that you or anyone that enters your hosting space or participates in a learning activity may still come into contact with and/or contract a communicable disease, including COVID-19, even if you follow these steps. Learning Pods is not responsible for any injuries or disease resulting from following these guidelines.
Hosting Space Safety
Central to our Learning Pods community standards are safety and security. This starts with the Hosting Space that will be used by Hosts, Facilitators and Learners. In addition to the steps Learning Pods takes to help protect the Learning Pods community, we encourage Hosts, Facilitators and Learners to stay aware and take certain safety precautions when hosting, using a hosting space, or participating in a learning experience.
Hosting Space Safety Preparedness Tips
- Install smoke alarms.
At a minimum, smoke alarms should be installed on every floor of the hosting space. They should be tested at least once a month and the batteries (if required by your model) should be replaced at least once a year.
- Install carbon monoxide alarms.
Carbon monoxide is a dangerous, colorless, odorless, tasteless gas produced by burning gasoline, wood, propane or other fuels. Carbon monoxide alarms should be placed in all central locations of your hosting space, such as major hallways or rooms. Avoid placing a carbon monoxide alarm in a corner or anywhere where air does not circulate, and always follow the manufacturer’s instructions.
- Proper installation.
Ensure that all appliances in your hosting space are installed according to manufacturer’s instructions and that the hosting space meets local building codes. Always seek assistance from a professional when in doubt.
- Heating and ventilation.
Make sure all heating and ventilation systems, including chimneys, vents and central air conditioning units, are inspected and services annually to prevent unanticipated failure, blockage, corrosion, damage or partial and complete disconnections.
- Dangerous equipment.
Ensure that there is no dangerous equipment or areas in your hosting space that are accessible to learners, including swimming pools, trampolines and other equipment or areas on the premises that can reasonably be considered dangerous to third parties and minor children.
- Emergency plans.
Always have a well-planned emergency plan for your hosting space and ensure that it is easily accessible to anyone that enters the hosting space. At a minimum, your emergency plan should include two different ways to escape from every room, as well as the contact information for local emergency services. Designate an emergency meeting spot at a safe distance from your hosting space where everyone can meet after the emergency.
Your Responsibilities
You agree to these terms and conditions, including that: (i) you will use an appropriate smoke alarm and carbon monoxide alarm in your listing and in accordance with manufacturer’s instructions; (ii) prepare and make available an emergency plan for your listing; and (iii) you remain entirely and solely responsible for your listing, including but not limited to its safety equipment and condition.
Learning Pods Learner Refund Policy
Effective date: ________
These terms and conditions govern Learning Pods’ policy for Learner refunds (“Learner Refund Policy”) and the obligations of the Host associated with the Learner Refund Policy. The Learner Refund Policy applies in addition to Learning Pods’ Terms of Service (“Learning Pods Terms”). The Learner Refund Policy is available to Learners who book and pay for Hosting Space, Learning Experiences, Events or other Facilitator Services through the Learning Pods Platform and suffer a Travel Issue (as defined below). The Learner’s rights under this Learner Refund Policy will supersede the Listing’s cancellation policy.
All capitalized terms shall have the meaning set forth in the Learning Pods Terms or Payments Terms unless otherwise defined in this Learner Refund Policy.
By using the Learning Pods Platform as a Host, Facilitator or Learner, you are indicating that you have read and that you understand and agree to be bound by this Learner Refund Policy.
1 Travel Issue
1.1 A “Hosting Travel Issue” means any one of the following:
(a) the Host of the Hosting Space (i) cancels a booking any time before the commitment period of the booking, or (ii) fails to provide the Learners with the reasonable ability to access the Hosting Space (e.g. does not provide the keys and/or a security code to the Facilitator or Learners).
(b) the Listing’s description or depiction of the Hosting Space is materially inaccurate with respect to:
- the size of the Hosting Space (e.g., size of the room where learning experience is to take place),
- whether the booking for the Hosting Space is for an entire home or commercial space, private room or commercial space, or shared space in a home or commercial space, and whether another party, including the Host, is using the Hosting Space during the booking,
- required amenities or features represented in the Listing are not provided or do not function, such as bathrooms (including toilets), kitchen (including sink/stove/refrigerator or major other appliance), fire extinguisher, adequate fire exit plan, and electrical, heating or air conditioning systems, or adequate learning space, or
- the physical location of the Hosting Space (proximity).
(c) at the start of the Learner’s booking, the Hosting Space: (i) is not generally clean and sanitary; (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Learner’s stay or use of the Hosting Space in Learning Pods’ judgment, or (iii) has vermin or contains pets not disclosed in the Listing.
What qualifies as a Travel Issue is described in more detail in the Learner Refund Policy Help Center article.
1.2 A “Facilitator Travel Issue” means any one of the following:
(a) the Facilitator:
- fails to carry out the booked Learning Experience, Event or other Facilitator Service or arrives more than 15 minutes past the stated start time, causing the Learner to abandon the Learning Experience, Event or other Facilitator Service.
- makes significant changes to the Learning Experience, Event or other Facilitator Service after booking.
(b) the Learning Experience, Event or other Facilitator Service:
- contains a safety or health hazard that would be reasonably expected to adversely affect the Learner’s participation in the Learning Experience, Event or other Facilitator Service.
- takes place online, and the Learner cannot attend or a Facilitator cannot lead the Learning Experience, Event or other Facilitator Services because of technical difficulties, including audio or visual issues.
By using the Learning Pods Platform as a Facilitator or Learner, you are indicating that you have read and that you understand and agree to be bound by this Learner Refund Policy.
2 – The Learner Refund Policy For Hosting Travel Issues
Facilitators are responsible for ensuring there are no Hosting Travel Issues for Learners and for immediately reporting any possible Hosting Travel Issues to the Learners that booked the booking and to Learning Pods.
If you are a Learner and suffer a Hosting Travel Issue, you are covered by this policy as follows:
Up to 24 hours after arriving at the Hosting Space. If you report a Hosting Travel Issue up to 24 hours after arriving at a Hosting Space, we agree, at our discretion, to either (i) reimburse you the amount paid by you through the Learning Pods Platform (“Total Fees”), or (ii) use our reasonable efforts to help you find and book for any unused dates left in your booking’s commitment period another Hosting Space which is reasonably comparable to or better than the Hosting Space described in your original booking in terms of size, features and quality.
More than 24 hours after arriving at the Hosting Space. If you report a Hosting Travel Issue more than 24 hours after arriving at the Hosting Space, we agree, at our discretion, to either (i) reimburse you up to the Total Fees depending on the nature of the Hosting Travel Issue suffered, or (ii) use our reasonable efforts to help you find and book another Hosting Space for any unused dates left in your booking’s commitment period which is reasonably comparable to the Hosting Space described in your original booking in terms of size, features and quality.
Learning Pods shall decide whether an issue reported by a Learner or Facilitator qualifies as a Hosting Travel Issue, whether to reimburse or rebook a Facilitator and its Learners who suffer a Hosting Travel Issue, and whether an alternate Hosting Space is comparable or better.
3 – The Learner Refund Policy For Facilitator Travel Issues
If Learning Pods determines that a Learner experienced a Facilitator Travel Issue, Learning Pods will, at its discretion, provide the Learner with a refund up to a maximum of the Total Fees the Learner paid for the Learning Experience in accordance with this Policy. The amount of any refund will depend on the nature of the Facilitator Travel Issue suffered.
4 – Conditions for making a Claim
To submit a valid claim for a Hosting Travel Issue or a Facilitator Travel Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:
(a) you must be the Learner that booked the booking;
(b) you must report the Hosting Travel Issue or Facilitator Travel Issue to us in writing or via telephone within 24 hours of discovering the existence of the Hosting Travel Issue or Facilitator Travel Issue, and you must provide us with information (including photographs, videos, or other written or tangible evidence) about the Hosting Space and the circumstances of the Hosting Travel Issue or Facilitator Travel Issue;
(c) you must respond to any requests by us for additional information or cooperation on the Hosting Travel Issue or Facilitator Travel Issue within the time specified by Learning Pods;
(d) you must not have directly or indirectly caused the Hosting Travel Issue or Facilitator Travel Issue (through your action, omission or negligence);
(e) unless otherwise specified by Learning Pods or Learning Pods advises you that the Hosting Travel Issue or Facilitator Travel Issue cannot be remediated, you must use reasonable efforts to try to remedy the circumstances of the Hosting Travel Issue with the Host and/or the Facilitator Travel Issue with the Facilitator; and
(f) in order to receive a reimbursement of Total Fees or assistance with booking an alternative Hosting Space, you must agree to vacate the Hosting Space. If you choose to continue to use the Hosting Space, you may still qualify for a partial refund at Learning Pods’ discretion as described in this policy (regardless of whether you reported the Hosting Travel Issue up to 24 hours after arriving at the Hosting Space).
5 – Minimum Quality Standards for Host Services, Host Responsibilities and Reimbursement to Learner
5.1 – If you are a Host, you are responsible for ensuring that the Hosting Spaces you list on the Learning Pods Platform are accessible, adequately and accurately described in the Listing description, safe and clean, and do not present a Learner with Hosting Travel Issues, as specified in these terms. During a Learner’s or Facilitator’s use of a Hosting Space, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Hosting Travel Issues or other Learner or Facilitator issues.
5.2 – If you are a Host, and if (i) Learning Pods determines that a Learner has suffered a Hosting Travel Issue related to an Hosting Space listed by you and (ii) Learning Pods either reimburses that Learner (up to their Total Fees) or provides an alternative Hosting Space to the Learner, you agree to reimburse Learning Pods up to the amount paid by Learning Pods within 30 days of Learning Pods’ request. If the Learner is relocated to an alternative Hosting Space, you also agree to reimburse Learning Pods for reasonable additional costs incurred to relocate the Learner. You authorize Learning Pods to collect any amounts owed to Learning Pods by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.
5.3 – As a Host, you understand that the rights of Learners under this Learner Refund Policy will supersede your selected cancellation policy. If you dispute the Hosting Travel Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Hosting Travel Issue. In order to dispute a Hosting Travel Issue, you must use reasonable and good faith efforts to try to remedy any Hosting Travel Issue with the Learner and/or Facilitator unless Learning Pods advises you that the Hosting Travel Issue cannot be remediated or the Learner and/or Facilitator has vacated the Hosting Space.
6 – Minimum Quality Standards for Facilitator Services, Facilitator Responsibilities and Reimbursement to Learner
6.1 – As a Facilitator, you are responsible for ensuring that the Learning Experience, Event or other Facilitator Service you list on the Learning Pods Platform meets Learning Pods’ Quality Standards for Learning Experiences and does not present a Learner with Facilitator Travel Issues. Before and during the Learning Experience, Event or other Facilitator Service, Facilitators should be available, or make a third-party available, in order to try, in good faith, to resolve any Learner issues.
6.2 – If (i) Learning Pods determines that a Learner has suffered a Facilitator Travel Issue related to your Learning Experience, Event or other Facilitator Service and (ii) Learning Pods reimburses that Learner (up to their Total Fees), you agree to reimburse Learning Pods up to the amount paid by Learning Pods within 30 days of Learning Pods’ request. You authorize Learning Pods to collect any amounts owed to Learning Pods by reducing your Payout or as otherwise permitted pursuant to the Payment Terms.
6.3 – As a Facilitator, you understand that the rights of Learners under this Learner Refund Policy will supersede your selected cancellation policy. If you dispute the Facilitator Travel Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Facilitator Travel Issue, provided you used reasonable and good faith efforts to try to remedy the Facilitator Travel Issue with the Learner prior to disputing the Facilitator Travel Issue claim.
7 – General Provisions
7.1 – No Assignment/No Insurance. This Learner Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Learner, and the Learner has not paid any premium in respect of the Learner Refund Policy. The benefits provided under this Learner Refund Policy are not assignable or transferable by you.
7.2 – Modification or Termination. Learning Pods reserves the right to modify or terminate this Learner Refund Policy, at any time, in its sole discretion. If Learning Pods modifies this Learner Refund Policy, we will post the modification on the Learning Pods Platform or provide you with notice of the modification.
7.3 – Entire Agreement. This Learner Refund Policy constitutes the entire and exclusive understanding and agreement between Learning Pods and you regarding the Learner Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Learning Pods and you regarding the Learner Refund Policy. Learning Pods will continue to process all claims for Travel Issues made prior to the effective date of the modification.
7.4 – Learning Pods’ decisions under the Learner Refund Policy are final and binding on Hosts, Facilitators and Learners but do not affect other contractual or statutory rights you may have. Any right that you may have to initiate legal action remains unaffected.
Contacting Learning Pods.
If you have any questions about the Learner Refund Policy, please email us.
Quality Standards for Learning Experiences
Facilitators engaging in a Learning Experience on the Learning Pods Platform must demonstrate high levels of expertise and the ability to connect with Learners. The Learning Experience itself must give learners a competent learning opportunity on topics and subjects they couldn’t learn on their own.
Every Learning Experience submitted to Learning Pods is reviewed to make sure it meets these three quality standards: expertise, connection and knowledge. Once published, a Learning Experience must continue upholding these standards to ensure that it meets Learners’ expectations.
- Expertise: Facilitators are knowledgeable and deeply passionate about what they do. They go beyond the surface with their experience and strive to bring the Learning Experience to life. Facilitators apply a current and comprehensive repertoire of effective planning, instruction and assessment practices to meet the learning needs of every Learner
- Competence: Facilitators provide a comprehensive, balanced and rigorous Learning Experience that develops knowledge, skills, values and attitudes relevant to the 21st century. They invite Learners to actively participate in learning activities, lessons and workshops.
- Connection: Facilitators are dedicated to creating meaningful connections between Learners. They go out of their way to make Learners feel welcome and recognized. Learners come as strangers and leave as friends. Facilitators build positive, inclusive and productive relationships with Learners, parents/guardians and others in the Learning Pods and local community to support learning.
Experiences that don’t meet the above standards may be removed from Learning Pods.
Other requirements for learning experiences
All Learning Experiences and Learning Experience Facilitators must comply with our Terms of Service. Every Learning Experience and Learning Experience Facilitator must meet the following requirements:
- Accuracy: Facilitators must provide complete and accurate information about their Learning Experience, including the curriculum or lesson plan, time and dates, Hosting Space location, what they’ll provide to Learners, etc.
- Exclusive dates: Once a Facilitator lists a Learning Experience for particular times and dates on the Learning Pods Platform, only Learning Pods Learners (and any additional Learners that the Learner is booking for) can attend the Learning Experience.
- Commitment: Facilitators must honor all booked reservations for the commitment period in the Listing, unless they are forced to cancel due to a valid extenuating circumstance.
- Actively Facilitate Learning Experiences: Facilitators must personally lead their Learners throughout the entirety of the Learning Experience.
- Minimum learner reviews, ratings, and engagement: Learning Experiences with too many negative reviews may be removed from the Learning Pods Platform.
- Online experiences: Every online Learning Experience must meet the Requirements for Online Learning Experiences.
Experiences that don’t meet any of the above standards may be removed from the Learning Pods Platform.
Requirements for Online Learning Experiences
- Online Learning Experiences must also be designed for “doing” and not just “watching.”The Listing should describe how Learners will interact with the Facilitator and the Learning Experience.
- Learners must be able to participate in the Learning Experience from home. Learners should not need to leave their home at any point during the Learning Experience.
- All required supplies must be disclosed to the Learner before they book.If the Learning Experience requires any supplies or equipment, these should be clearly & specifically detailed on your Listing, so Learners know how to prepare.
- Certain services and activities are not permittedas online Learning Experiences.
- Experiences previously published on the Learning Pods Platform can’t be converted to an online experience. If you want to adjust your in-person Learning Experience to offer it online, you must submit a new Learning Experience, so that it can be reviewed by Learning Pods.
Facilitator requirements
- Use video conferencing platforms appropriately.When using video conferencing platforms, Facilitators should not (1) record (including audio or video) live Learning Experiences, or (2) take or share photos or screenshots without participant permission. Facilitators may not take or share any photos or screenshots when minor children are in attendance, regardless of whether they have permission. There are no exceptions.
- Be prepared for late Learners.When Learners are late, Facilitators may allow Learners to enter even though the Learning Experience has already started. Learners won’t be able to receive a refund according to our Learner Refund Policy, but will still be able to leave a review. Facilitators will also be able to leave a public response to any Learner review.
Facilitating an online experience
When facilitating an online Learning Experience, Facilitators may not:
- Collect, ask, or encourage Learners to reveal personally identifying or contact information (ex: email addresses, phone numbers, physical addresses/locations)
- Discuss, ask, or encourage others to discuss health information (ex: whether they’ve been tested for COVID, if someone in their family is sick, etc.)
- Use any third party as a Facilitator or co-Facilitator of the Learning Experience.
- Allow a minor (under the age of 18) to attend the Learning Experience without a parent or guardian present or without prior consent from a parent or guardian.
Online Learning Experiences that don’t meet any of the above requirements may be removed from the Learning Pods Platform.
Withdrawal and Removal Policy
Withdrawal and Removal from Confirmed Pod Bookings
This policy is intended to communicate the circumstances under Learners, Facilitators and Hosts may be removed or may withdraw from confirmed pod bookings where the minimum agreed upon commitment period has not yet lapsed.
Removal of Learners, Facilitators and Hosts
Learning Pods may remove a Host, Facilitator or Learner from a confirmed pod booking prior to the completion of the minimum commitment period where there are complaints related to (each an “Incident”):
- Continuous behavior in a manner that presents a safety hazard to themselves, other Learners, the Facilitator, the Host or any other authorized person present at the Hosting Space or during the provision of Facilitator Services.
- Learner’s persistent opposition to authority.
- Facilitator determines that a Learner is unable to adjust to the provision of the Learning Experience, Event or other Facilitator Services and the Facilitator is unable to meet the needs of the Learner.
- Conduct that is injurious to the moral tone of the Learning Pods Community Standards or to the physical or mental well-being of any other person, including hate speech, discrimination or bullying.
- Theft or willful destruction of person property or real property, whether at the Hosting Space or anywhere else where Host Services or Facilitator Services are being provided.
- Consistent use of profane or improper language in proximity of, or directed at, the Facilitator, other Learners or any third parties.
- Behavior that is verbally or physically abusive, violent, harassing, degrading, hostile, threatening, dangerous to the Facilitator, other Learners or any authorized third parties present at the Hosting Space or during the provision of Facilitator Services.
- Behavior that is disruptive to the operations of the Learning Pods Platform, the provision of Host Services or Facilitator Services, or the Learning Pods Community Standards.
- Dishonesty, fraud or misrepresentation of your identifying information, listing information, hosting space, services, prior experience and expertise or any other pertinent information collected by Learning Pods or required by Learners to make an informed decision.
- Failure to comply with Listing, including but not limited to the rules, requirements, restrictions or qualifications detailed in the Listing or mutually agreed upon between the Facilitator, Host and/or Learners.
- Actions or behaviors that are contrary to Learning Pods’ Non-Discrimination Policy.
- Failure to comply with Learning Pods’ Community Standards, Terms of Service or Privacy Policy.
You must make reasonable efforts to avoid withdrawal of Hosts, Facilitators or Learners (as applicable) from a confirmed pod booking. As such, the following procedure may be followed prior to a Learning Pods’ initiated withdrawal from a confirmed pod booking.
- A discussion may occur with any relevant individuals to:
a. Identify the existing issue and, if necessary, the reasons for its occurrence;
b. Discuss the impact the issue is having on others or on the ability to properly provide any Services;
c. Provide relevant persons with a warning that, if the issue is not correct, or does not improve, it could result in a complaint to Learning Pods and the potential for withdrawal; and/or
d. Discuss ways of correcting or improving the misconduct or issue and, if possible, identifying resources that are available to assist.
- Where appropriate you may establish a plan with the individual which sets out conditions and efforts that must be made to ensure that the issue/misconduct does not persist.
- Where a plan is considered appropriate, Facilitators are responsible for monitoring whether required conditions and improvements are being achieved.
While the above process may be appropriate in certain circumstances, Learning Pods reserves the right to proceed to immediate removal depending upon the severity of the issue, incident or misconduct. If possible and where appropriate, and subject to the severity of the conduct giving rise to the removal decision, Learning Pods may provide up to thirty (30) days’ notice of the effective date of removal, in an effort to provide all relevant parties with sufficient time to seek alternative Services. The period of notice will be provided at the Learning Pods’ sole discretion. In the event that a confirmed pod booking must be permanently cancelled, any Security Deposit (if applicable) and fees paid by Learners will be refunded for any unused periods of time after the period of notice, if applicable, has been completed. In the case where a Learner’s conduct causes damage to a Hosts, Facilitators, other Learners or any relevant third party’s property, equipment or fixtures, Learning Pods reserves the right to set off any outstanding Security Deposit (if applicable) and/or fees against the cost of repairing or replacing the damaged item or property.
Withdrawal from Confirmed Pod Bookings
Due to the ongoing nature of many of the Services provided by Hosts and Facilitators on the Learning Pods Platform, once a Booking is confirmed, Hosts, Facilitators and Learners are expected to commit to the agreed upon commitment period as specified in the Listing or mutually agreed upon between the Host, Facilitator and Learners prior to confirming the Booking.
You may withdraw or leave a confirmed pod Booking prior to the end of the minimum commitment period and without penalty as follows:
- Learners. Learners may withdraw from a pod booking without penalty by providing 30 days prior notice to the pod (including the Host, Facilitator and other Learners).
- Facilitators. Learners may withdraw from a pod booking without penalty by providing 60 days prior notice to the pod (including the Host, Facilitator and other Learners) (“Facilitator Notice Period”).
- Hosts. Learners may withdraw from a pod booking without penalty by providing 60 days prior notice to the pod (including the Host, Facilitator and other Learners) (“Host Notice Period”).
Petitions for Immediate Withdrawal
You may submit a petition to Learning Pods to request immediate withdrawal from a pod booking without incurring any penalty based on (i) any valid reason pursuant to Learning Pods’ Extenuating Circumstances Policy or (ii) any irreconcilable Incident, and in accordance with the following:
- Learner Withdrawal. In the event that (i) Learning Pods determines that a Learner is eligible for immediate withdrawal related to an irreconcilable Incident that, in Learning Pods’ sole discretion, is found to be caused by you and (ii) Learning Pods reimburses that Learner (up to their Total Fees), you agree to reimburse Learning Pods up to the amount paid by Learning Pods within 30 days of Learning Pods’ request. If the Learner is relocated to an alternative Hosting Space or pod, you also agree to reimburse Learning Pods for reasonable additional costs incurred to relocate the Learner. You authorize Learning Pods to collect any amounts owed to Learning Pods by reducing your Payout (if applicable) or as otherwise permitted pursuant to the Payments Terms.
- Host Withdrawal. In the event that (i) Learning Pods determines that a Host is eligible for immediate withdrawal related to an irreconcilable Incident that, in Learning Pods’ sole discretion, is found to be caused by you and (ii) Learning Pods reimburses that Host (up to the Host Notice Period), you agree to reimburse Learning Pods up to the amount paid by Learning Pods within 30 days of Learning Pods’ request. You authorize Learning Pods to collect any amounts owed to Learning Pods by reducing your Payout (if applicable) or as otherwise permitted pursuant to the Payments Terms.
- Facilitator Withdrawal. In the event that (i) Learning Pods determines that a Facilitator is eligible for immediate withdrawal related to an irreconcilable Incident that, in Learning Pods’ sole discretion, is found to be caused by you and (ii) Learning Pods reimburses that Facilitator (up to the Facilitator Notice Period), you agree to reimburse Learning Pods up to the amount paid by Learning Pods within 30 days of Learning Pods’ request. You authorize Learning Pods to collect any amounts owed to Learning Pods by reducing your Payout (if applicable) or as otherwise permitted pursuant to the Payments Terms.
As a Host and Facilitator, you understand that the Learner’s right to immediate withdrawal under this Withdrawal and Removal Policy will supersede your selected cancellation policy. If you dispute the Learner’s petition, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the petition.
Suspension of Service and Additional Fees
If you consistently withdraw from a confirmed pod booking prior to the end of the minimum commitment period Cancellation Fees and Suspension of Service or Upon learning of an alleged Incident that could compromise the Learning Pods Platform, the Learning Pods Community Standards, the ability of any Facilitator or Host to effectively provide Services or the safety and well-being of any relevant persons, Learning Pods reserves the right to:
- Require that a Learner be immediately picked up by the responsible person(s) listed in their Learning Pods Account;
- Impose a cancellation fee to the Member that is removed; and
- Change the calendar for the Listing as unavailable or blocked, suspend or remove the Learning Pods Account or suspend access to the Learning Pods platform until such time that Learning Pods has reviewed the circumstances, assessed any risks and made decisions necessary to ensure that the best interests of the Learning Pods Platform are not compromised.
Marketplace Terms & Conditions
These Marketplace Terms and Conditions for Users (“Marketplace Terms”) are a binding legal agreement between you and Learning Pods that govern your use and access to the Learning Pods Marketplace (defined below) within the Learning Pods Platform. When these Marketplace Terms mention “Learning Pods,” “we,” “us,” or “our,” it refers to the Learning Pods Inc., located at 6d – 7398 Yonge Street, Unit 365, Thornhill, Ontario, Canada L4J 8J2.
In order to use the Learning Pods Marketplace and/or place an order, you must be at least 18 years old, must have a Learning Pods Account in good standing in accordance with the Learning Pods Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
If you see an undefined term in these Marketplace Terms, it has the same definition as in the Terms.
1. How the Marketplace Works
The Learning Pods Marketplace is a virtual marketplace that connects manufacturers, suppliers, distributors and sellers of third-party products and services (“Third-Party Vendors”) to Members on the Learning Pods Platform (“Learning Pods Marketplace”). Members using the Learning Pods Marketplace may access the individual vendor pages and order products and services directly from those Third-Party Vendors without ever leaving the Learning Pods Platform.
By accessing the Learning Pods Marketplace, you acknowledge and agree that Learning Pods: (i) is not a manufacturer, supplier or distributor of any products or services on the marketplace; (ii) does not endorse or recommend any products or services on the marketplace; and (iii) assumes no responsibility as a manufacturer, endorser, supplier or distributor of third-party products or services.
Third-Party Vendors, and not Learning Pods, operate their individual vendor marketplace pages and provide products and services. If you purchase any of the products or services offered by Third-Party Vendors, you are purchasing directly from those third parties, not from Learning Pods. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals (including the content of their websites or other promotional materials). Learning Pods does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
2. Order fulfillment
When you place an order with a Third-Party Vendor on the Learning Pods Marketplace, Learning Pods will share your name, shipping or mailing address, contact information and billing information with the Third-Party Vendor so that they can process payment for and ship your order to you. Delivery periods are subject to each Third-Party Vendor’s standard terms, policies and procedures. You are advised to consult the Third-Party Vendor and review their standard terms and policies for additional information about order fulfillment and estimated delivery periods. All delivery periods are estimated, not guaranteed, and actual delivery time may be shorter or longer. The Third-Party Vendors we work with may not ship to certain locations—such as anywhere outside of Canada—and if you reside in such a location you are not eligible to make orders on the Learning Pods Marketplace.
Learning Pods is not a party to your orders and you agree to have your order fulfilled and shipped directly to you by the Third-Party Vendor. You also agree that any disputes, returns, exchanges, repairs or other inquiries will be handled exclusively by the Third-Party Vendor, not by Learning Pods. If the Third-Party Vendor is unable to fulfill your order, your order will be cancelled and any amounts paid by you for the cancelled order will be refunded.
3. Your responsibilities
By placing an order on the Learning Pods Platform, you agree to these Marketplace Terms, including that: (a) we will share your name, shipping or mailing address, contact information and billing information with the Third-Party Vendor as necessary to process payment for and fulfill your order; and (b) you are solely responsible for paying all fees owed to Learning Pods and Third-Party Vendors for orders placed on the Learning Pods Marketplace.
4. Disclaimer and release
By placing an order on the Learning Pods Marketplace, you release Learning Pods, its affiliated entities, subsidiaries, their employees, officers, directors, employees and other agents from, from any and all losses, damages, debts, rights, claims, actions or other liabilities whatsoever, regardless of legal or other theory or description, including without limitation liability for death, injury or damage caused by or allegedly caused by purchasing a product or service on the Learning Pods Marketplace or any product or service received through the Learning Pods Marketplace, and to the fullest extent allowed by law waive any and all such claims and causes of action arising from or related to the products or services or the Learning Pods Marketplace.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE LEARNING PODS MARKETPLACE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LEARNING PODS MARKETPLACE ARE PROVIDED BY LEARNING PODS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LEARNING PODS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LEARNING PODS MARKETPLACE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LEARNING PODS MARKETPLACE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LEARNING PODS MARKETPLACE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, LEARNING PODS DISCLAIMS ALL LIABILITIES, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) AS TO THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN THE GOODS; (C) AS TO THE DESIGN, QUALITY OR CONDITION OF THE GOODS; (D) AS TO THE SUITABILITY OF THE GOODS FOR BUYER’S PURPOSES OR THE IMPACT OF THE GOODS ON BUYER’S OPERATIONS; (E) AS TO THE SUITABILITY OR FITNESS OF THE THIRD-PARTY VENDORS; AND (F) WITH RESPECT TO ANY PATENT, COPYRIGHT, TRADEMARK, TRADE NAME, SERVICE MARK OR PROPRIETARY LAW OR RIGHT. THE ONLY WARRANTIES FOR THE PRODUCTS OR SERVICES ARE THOSE THAT MAY BE PROVIDED DIRECTLY BY THIRD-PARTY VENDORS.
LEARNING PODS DOES NOT WARRANT THAT THE LEARNING PODS MARKETPLACE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LEARNING PODS PLATFORM, ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM LEARNING PODS OR THIRD-PARTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, LEARNING PODS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE LEARNING PODS PLATFORM OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LEARNING PODS PLATFORM, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
5. Products and Services
Learning Pods cannot confirm the price of products or services until you offer to purchase the product or service by placing an order. Despite our best efforts, a small number of the products and service on the Learning Pods Marketplace may be mispriced. If the correct price of a product or service sold on the Learning Pods Marketplace is higher than the Third-Party Vendor’s stated price, we or Third-Party Vendor will, at our discretion, either contact you to confirm your order or cancel your order and notify you of such cancellation.
6. Pricing, Sales and other taxes
You will be responsible for paying the amount listed for product(s) or service(s), including sales taxes, shipping costs, environmental fees or any other fees charged by the Third-Party Vendor, on any products or services purchased on the Learning Pods Marketplace, in addition to any other applicable taxes including import duties and any other expenses applicable in your territory (collectively, “Total Amount”), directly to Third-Party Vendor. You are responsible for complying with any regulations or limitations on courier, postal service providers, personal shipments and/or personal imports that may apply to you or your territory.
7. General terms
Any disputes related to this program will be resolved according to the dispute resolution process you have agreed to in our Terms of Service. Learning Pods does not itself accept payment for any products or services on the Learning Pods Marketplace. All payments for Total Amounts due are made directly to Third-Party Vendor Payment Services, either by using Learning Pods Payment Services or any other method used by Learning Pods or Third-Party Vendors from time to time. Any use of Payment Services to make payments directly to Third-Party Vendors are subject to our Payment Terms. The jurisdiction whose laws governs the Learning Pods Marketplace will be determined as set forth in the Terms of Service. The Third-Party Vendor and/or Learning Pods shall have the right to refuse any order for product(s) or service(s) in their sole discretion. All descriptions of products or services and the pricing thereof is subject to change at any time without prior notice. We may withdraw, change or suspend access or use of (in whole or in part) the Learning Pods Marketplace at any time with or without notice to you. We can update these terms at any time without prior notice. If we modify these terms, we will post the modification and the modified terms will be effective upon posting. By accessing the Learning Pods Platform after we have posted updated terms, you agree to be bound by the updated terms. If the updated terms are not acceptable to you, your only recourse is to not access or use the Learning Pods Platform, including the Learning Pods Marketplace. We reserve the right to disqualify your order if you provide any inaccurate or false information. Nothing in this program amends or otherwise changes our agreement as stated in the Terms of Service. Your submission of personal information through the Learning Pods Marketplace is governed by the Learning Pods Privacy Policy.
Payment Terms
These Payments Terms of Service for Users (“Payments Terms”) are a binding legal agreement between you and Learning Pods that govern the Payment Services (defined below) conducted through or in connection with the Learning Pods Platform. When these Payments Terms mention “Learning Pods,” “we,” “us,” or “our,” it refers to the Learning Pods Inc., located at 6d – 7398 Yonge Street, Unit 365, Thornhill, Ontario, Canada L4J 8J2.
Learning Pods provides payments services to Members publishing, offering and booking Services for a Pod, including current and future services provided via the Learning Pods Platform. These payment services may include (if available) the following (collectively, “Payment Services”):
- Collecting payments from Learners (“Paying”), by charging the payment method associated with their Learning Pods Account, such as credit card, debit card, bank account, PayPal account or Stripe account (“Payment Method”);
- Effecting payments to Hosts and Facilitators (“Payout”) to a financial instrument associated with their Learning Pods Account, such as a PayPal account, Stripe account, bank account, a prepaid card, or a debit card (“Payout Method”);
- Payment collection services; and
- Other payment related services in connection with Services or the Learning Pods Marketplace (see Marketplace Terms and Conditions).
In order to use the Payment Services, you must be at least 18 years old, must have a Learning Pods Account in good standing in accordance with the Learning Pods Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
The Terms separately govern your use of the Learning Pods Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.
Table of Contents
- Your use of the payment services
- Learner terms
- Host and facilitator terms
- Appointment of learning pods as limited payment collection agent
- General terms
- Prohibited activities
- Force majeure
- Disclaimer
- Liability
- Indemnity
- Survival
- Additional clauses for users that are businesses
- Your use of the Payment Services
1.1 Learning Pods Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. Learning Pods may: (i) temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services; and (ii) improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Learning Pods is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Learning Pods of those Third-Party Services.
1.3 Your Learning Pods Account. Learning Pods may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Learning Pods Account. You may authorize a third party to use your Learning Pods account if the feature is enabled for your Learning Pods account. You acknowledge and agree that anyone you authorize to use your Learning Pods Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Verification. You authorize Learning Pods, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Learning Pods reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
- General Learner Terms
2.1 Adding a Payment Method. When you add a Payment Method to your Learning Pods Account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Learning Pods or its third-party payment processor(s). You authorize Learning Pods and its payment service providers to collect and store your Payment Method information.
2.2 Payment Authorization. You allow Learning Pods to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Learning Pods Account, Pod Contracts and purchases made on the Learning Pods Marketplace.
2.3 Timing of Payment. For Pods, Learning Pods generally charges the Total Fees due after you have entered into a Pod Contract and confirmed your formation of a Pod. For purchases made on the Learning Pods Marketplace, Learning Pods generally charges the Total Amount due at the time of placing an order for any product(s) or service(s). Learning Pods may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be included in the Total Fees or Total Amount, as applicable, and you agree to pay such fees. Additional terms and conditions may apply for the use of an alternative payment option. If Learning Pods is unable to collect the Total Fees or Total Amount due, as scheduled, Learning Pods will collect the Total Fees or Total Amount due at a later point in accordance with Section 5.3. Once the payment for your Pod, product or service is successfully completed, you will receive a confirmation email.
2.4 Currency. Learning Pods will process each transaction in Canadian dollars. Please note that certain bank fees may apply to your payments and the amount listed on your card statement may be different from the amount shown on the Pod Contract or marketplace invoice. Learning Pods is not responsible for any such additional fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
2.5 Refund for Pods Prior to Pod Start Date. If a Pod is dissolved either because one or more Members do not accept the Pod Contract or fail to make initial payment under a Pod Contract when due, any amounts collected by Learning Pods will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, Stripe, etc.) rules.
2.6 Payment Restrictions. Learning Pods reserves the right to decline or limit payments that we believe (i) may violate Learning Pods’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Learning Pods, or others to risks unacceptable to Learning Pods.
2.7 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Learning Pods is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.8 Your Payment Method, Your Responsibility. Learning Pods is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.9 Failure to Make Payment for Pods. If Learning Pods is unable to collect your initial payment prior to the start date of the Pod, Learning Pods will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice or prior to the start date of the Pod, whichever is earlier. If you fail to complete the payment, you authorize Learning Pods to cancel the Pod and Pod Contract on your behalf. If the Pod or Pod Contract is canceled, you will be refunded based on the cancellation policies of the Pod Contract. You acknowledge that you may incur fees for cancellations pursuant to the cancellation policies of the Pod Contract.
2.10 Recurring Payments. For Pods with a duration of more than one calendar month, Learning Pods will require Learners to make recurring payments of Total Fees owed on a monthly basis (“Recurring Payments”). If Recurring Payments apply to a confirmed Pod, then the Learners authorizes Learning Pods to collect the Total Fees due. To stop a Recurring Payment, you must comply with the requirements of Learning Pods’ Withdrawal and Removal Policy before the scheduled date of the payment.
- Host and Facilitator Terms
3.1 Payment Collection. Learning Pods generally collects the Total Fees for a Pod upon all Learners entering into a Pod Contract with the Host and Facilitator, unless noted otherwise.
3.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Learning Pods Account. When you add a Payout Method to your Learning Pods Account, you will be asked to provide billing information such as name, government identification, tax ID, billing address, and financial instrument information either to Learning Pods or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, identification number and account information associated with a particular payment processor. You authorize Learning Pods to collect and store your billing information and financial instrument information. Learning Pods may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout. Subject to and conditional upon successful receipt of the payments from Learners in your Pod, Learning Pods will generally initiate Payouts to your selected Payout Method two weeks after the Pod start date as stated in the Pod Contract, and will initiate future payouts every 14 days after the initial Payout, for the duration of the Pod. Learning Pods may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Payouts once released by Learning Pods may depend upon the Payout Method you select.
3.4 Payout. Your Payout for a Pod will be the Total Fees less applicable fees, such as Learning Pods service fees and applicable taxes. In the event of cancellation of a Pod prior to the start date of the Pod, Learning Pods will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. Learning Pods may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, Learning Pods may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Pod cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Currency Conversion. Learning Pods will remit your Payouts in Canadian dollars. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method, and Learning Pods is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts. For compliance or operational reasons, Learning Pods may limit the amount of a Payout. If you are due an amount above that limit, Learning Pods may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.8 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Learning Pods is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.
3.9 Handling of Funds. Learning Pods may combine amounts that it collects from Learners and invest them as permitted under applicable laws. Learning Pods will retain any interest it earns on those investments.
3.10 Your Payout Method, Your Responsibility. Learning Pods is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
- Appointment of Learning Pods as Limited Payment Collection Agent
4.1 Each Host and Facilitator hereby appoints Learning Pods as a payment collection agent solely for the limited purpose of accepting and processing funds from Learners purchasing Services on behalf of such Host or Facilitator.
4.2 Each Host and Facilitator agrees that payment made by a Learner through Learning Pods shall be considered the same as a payment made directly to the Host or Facilitator, and the Host and Facilitator will provide the Services booked by the Learner in the agreed-upon manner as if the Host and Facilitator received the payment directly from the Learner. Each Host and Facilitator agrees that Learning Pods may refund the Learner in accordance with the Terms. Each Host and Facilitator understands that Learning Pods’ obligation to pay the Host and Facilitator is subject to and conditional upon successful receipt of the associated payments from Learner. Learning Pods guarantees payments to Host(s) and Facilitator(s) only for such amounts that have been successfully received by Learning Pods from Learners in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host and Facilitator, Learning Pods assumes no liability for any acts or omissions of the Host or Facilitator.
4.3 Each Learner acknowledges and agrees that, notwithstanding the fact that Learning Pods is not a party to the agreement between you and the Host(s) and Facilitator(s), Learning Pods acts as each Host’s and Facilitator’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s) and Facilitator(s). Upon a Learner’s payment of the funds to Learning Pods, the Learner’s payment obligation to the Host(s) and Facilitator(s) for the agreed upon amount is extinguished, and Learning Pods is responsible for remitting the funds successfully received by Learning Pods to the Host(s) and Facilitator(s) in the manner described in these Payments Terms. In the event that Learning Pods does not remit any such amounts, the Host(s) and Facilitator(s) will have recourse only against Learning Pods and not the Learner directly.
- General Terms
5.1 Fees. Learning Pods may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms, your Pod Contract, marketplace receipt or via the Learning Pods Platform.
5.2 Payment Authorizations. You authorize Learning Pods to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant Pod, or any other Payment Method on file that you authorize in your Learning Pods Account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Learning Pods to collect from you:
- Any amount due to Learning Pods (e.g., as a result of your formation of Groups or Pods, modifications, cancellations, or other actions as a Learner, Host, Facilitator or user of the Learning Pods Platform), including reimbursement for costs prepaid by Learning Pods on your behalf. Any funds collected by Learning Pods will set off the amount owed by you to Learning Pods and extinguish your obligation to Learning Pods.
- Any amount due to a Host or Facilitator from a Learner which Learning Pods collects as the Host’s or Facilitator’s payment collection agent as further set out in Section 4 above.
- Taxes, where applicable and as set out in the Terms.
- Any penalties payable under the Terms, including any cost and expenses incurred in collecting such penalties.
- Any service fees or cancellation fees imposed pursuant to the Terms.
- Any amounts already paid to you as a Host or Facilitator despite a Learner cancelling a Pod or Learning Pods deciding that it is necessary to cancel a Pod in accordance with the Terms or other applicable policies. You agree that in the event you have already been paid, Learning Pods will be entitled to recover the amount of any such Learner refund from you, including by subtracting such refund amount out from any future Payouts due to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Learning Pods collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3 Collections
5.3.1 If Learning Pods is unable to collect any amounts you owe under these Payments Terms, Learning Pods may engage in collection efforts to recover such amounts from you.
5.3.2 Learning Pods will deem any owed amounts overdue when: (a) for authorized charges, seven (7) days have elapsed after Learning Pods first attempts to charge your Payment Method or the associated Services have been provided, whichever is later; and (b) for withholdings from a Host’s or Facilitator’s future Payouts, fourteen (14) days have elapsed after the adjustment is made to the Host’s or Facilitator’s account or the associated Services have been provided, whichever is later.
5.3.3 Learning Pods will deem any overdue amounts not collected to be in default when thirty (30) days have elapsed: (a) for authorized charges, after Learning Pods first attempts to charge your Payment Method or the associated Services have been provided, whichever is later; and (b) for withholdings from a Host’s or Facilitator’s future Payouts, after the adjustment is made to the Host’s or Facilitator’s account or the associated Services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Learning Pods by you. Such communications may be made by Learning Pods, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors. Learning Pods will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Learning Pods or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you. To the extent you receive any funds in error, you agree to immediately return such funds to Learning Pods.
5.5 Refunds
5.5.1 Any refunds or credits due to a Member pursuant to the Terms or any other applicable policies will be initiated and remitted by Learning Pods in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, Learning Pods will process refunds in a reasonable period of time, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, Stripe, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Learning Pods will initiate and process the refund as soon as is practicable.
- Prohibited Activities
6.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations;
- breach or circumvent any agreements with third parties, third-party rights, or the Terms, Policies, or Standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your Learning Pods account that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Learning Pods or any of Learning Pods’ providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- Force Majeure
Learning Pods shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Learning Pods or Learning Pods, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
- Disclaimers
8.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
8.2 Notwithstanding Learning Pods’ appointment as the limited payment collection agent of Hosts and Facilitators pursuant to Section 4, Learning Pods explicitly disclaims all liability for any act or omission of any Member or other third party. Learning Pods does not have any duties or obligations as agent for each Host and Facilitator except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
8.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
8.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
- Liability
9.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Learning Pods Account in any way, you are responsible for the actions taken by that person. Neither Learning Pods nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Learning Pods has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts and Facilitators pursuant to these Payments Terms, in no event will Learning Pods’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for Pods formed via the Learning Pods Platform as a Learner in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host or Facilitator, the amounts paid by Learning Pods to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred Canadian dollars (CAD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Learning Pods and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. This does not affect Learning Pods’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at Learning Pods’ option), indemnify, and hold Learning Pods and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.
- Survival. Sections 5 through 12 of these Payments Terms shall survive any termination or expiration of this agreement.
- Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
12.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
12.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
12.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
12.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Learning Pods for work, as permitted by your account, you authorize Learning Pods to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
12.5 For any Payout Method linked to your Learning Pods Account, you authorize Learning Pods to store the Payout Method, remit payments using the Payout Method for Pods associated with your Learning Pods Account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
12.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable Canadian laws relating to data privacy and security requirements with regards to the use, access, and storage of such credit card information.
Coding Class for 11-15 Yr Olds - 10 weeks