(Last Updated on March 23th, 2021)
This payment policy ("Payment Policy") governs the Payment Services (as defined in the Education Monsters Terms) provided by Education Monsters to you. Capitalized terms (including the term "Education Monsters") used but not defined in this Payment Policy have the meanings ascribed to such terms in our Terms of Service, which is available at https://www.education-monsters.com/terms-of-services (the "Education Monsters Terms").
1. Key Terms for Payment Services
"Education Monsters Credits" means the virtual currency purchased from Education Monsters, which can be used solely on the Education Monsters Platform to purchase Teacher Services, and does not have any value outside of the Education Monsters Platform. All Teacher Services on the Education Monsters Platform are paid for with Education Monsters Credits.
"Lesson Fees" or "Package Fees" means the amounts that are due and payable by a Student for confirmed language lessons that have been given by a Teacher. The Teacher alone, and not Education Monsters, is responsible setting the amount of the Lesson Fees or Package Fees.
"Service Fees" means the fees Education Monsters charges to the Teacher when using Education Monsters Connection Services.
"My Wallet" means an account created by a Student to purchase Education Monsters Credits that will be spent on the Education Monsters Platform. Education Monsters Credits in My Wallet can be used to pay for Teacher Services provided by Teachers, and other services offered by or through the Education Monsters Platform.
"Payment Method" means a method or service available on the Education Monsters Platform for a Student to purchase Education Monsters Credits, such as credit card, debit card or PayPal.
"Teacher Wallet" means an account created by Teachers to receive payment for Teacher Services.
"Withdrawal Method" means a method or service available on the Education Monsters Platform for a Teacher to receive cash in the exchange for Education Monsters Credits, such as PayPal, and other third party payment providers.
2. Lesson Contract
Upon confirmation of Teacher Services, time, and price by both the Student and the Teacher, such Student and Teacher shall be considered as entering into a contract, pursuant to which the Student agrees to purchase, and the Teacher agrees to deliver, the Teacher Services (the "Lesson Contract"). You agree not to enter into any contractual provisions that conflict with the Education Monsters Terms or other Education Monsters Policies. The Student and Teacher each covenant and agree to act with good faith and fair dealing in performance of the Lesson Contract. Furthermore, the Student and Teacher each acknowledge and agree that the value, reputation, and goodwill of the Education Monsters Platform depends on their performance of the foregoing covenants and agreements. The Student and the Teacher therefore agree that Education Monsters has the right to take such actions with respect to the Lesson Contract, including without limitation suspension, termination, or legal actions, as Education Monsters in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Education Monsters Platform.
3. Financial Terms for Students
For Students, you must use Education Monsters Credits to purchase Teacher Services from a Teacher. Education Monsters provides each Student with a Student Wallet to hold the Education Monsters Credits.
3.1 Purchasing Education Monsters Credits
In order to acquire Education Monsters Credits, you may use a Payment Method to pay for the desired amount of Education Monsters Credits through your Education Monsters Account. By providing Education Monsters with the required information for the applicable Payment Method, you authorize us to charge for the amounts you selected on the payment page of your Education Monsters Account. Following a successful transaction, My Wallet will have the corresponding amount of Education Monsters Credits. You acknowledge and agree that the Education Monsters Credit you purchased will be used to pay Education Monsters or Teacher for the services on the Education Monsters Platform. If you are a Company, Education Monsters Credit acquired by you may be allocated between the Company Employees’ Education Monsters Account.
3.2 No Refunds on Authorized Payments
Authorized payments are final. No refunds will be given for Education Monsters Credits purchased.
3.3 Third Party Payment Method Fees
When purchasing Education Monsters Credits, you may be charged additional fees by the third party that provides the applicable Payment Method. These fees are not under Education Monsters's control, and Education Monsters disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions, which we recommend that you review before using such Payment Method.
3.4 Cancelled Lesson Requests
If a Lesson Request is cancelled by the Student, declined by the Teacher, or expires (not confirmed by the Teacher within the request period), you will receive a 100% refund in the form of Education Monsters credits to the student’s My wallet.
3.5 Confirmation of Lessons
As a Student, when you confirm a Lesson was successful, you confirm that the Teacher has completed the applicable Teacher Services fully and satisfactorily, and you are instructing Education Monsters to transfer the applicable Education Monsters Credits from your Wallet to the Teacher’s Wallet.
3.6 Feedback and Ratings on Lessons
As a Student, when you confirm a Lesson was successful, you may be asked to leave feedback and a rating for the Teacher. Leaving feedback or a rating is optional. However, if you do so, you agree that your feedback must be genuine and honest, and will not commit fraud, spam, insult, harass, threaten, or otherwise misuse the feedback system.
You agree to report violations or abuses of our rating and feedback system by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system.
4. Financial Terms for Teachers
For Teachers, you must use Education Monsters Credits to receive payment for Teacher Services from Students. Education Monsters provides each Teacher with a "Teacher Wallet" to hold the Education Monsters Credits and to convert Education Monsters Credits to cash.
4.1 Accepting Lesson Requests
Teachers will receive requests for Lessons from Students ("Lesson Requests"). By accepting a Lesson Request, you agree to provide the Lesson to the Student at the date and time as described in the applicable Lesson Request. You can choose to decline any Lesson Request. If you do not respond, the Lesson Request will automatically expire.
4.2 Cancellations of Lesson Requests
As a Teacher, you acknowledge and agree that Education Monsters may in its sole discretion cancel a confirmed Lesson Request pursuant to Education Monsters Terms and other Education Monsters Policies. You further acknowledge and agree that Education Monsters and the relevant Student will not have any liability for such cancellations or refunds.
4.3 Education Monsters Commission Fees
Education Monsters collects commission fees when successful completion of a Lesson is confirmed by the Student. For each successfully completed Lesson, the commission is 10% of the total cost of such Lesson ("Commission Fee"). The Commission Fee will be deducted upon the transfer of Education Monsters Credits to the Teacher's Teacher Wallet.
The balance shown in the Teacher Wallet is the full balance after all fees have been deducted. Amounts may be rounded up or down as described the "Rounding Off" section below.
To the extent any refunds are issued to a Student, no Commission Fees will be charged to the Teacher with respect to Education Monsters Credits that are refunded back to the Student.
4.4 No Circumvention of Commission Fees
Teachers shall not to engage in any action or activity meant to circumvent the Commission Fees, with such actions or activities including, but not limited to, the following: (i) suggesting, soliciting, or accepting payment outside of the Education Monsters Platform, or by other means other than through the Payment Services; or (ii) reporting or listing an inaccurate price for a Lesson on the Education Monsters Platform, or charging a fee for a Lesson that is different from the amount agreed between Student and Teacher.
4.5 Withdrawal of Funds
When withdrawing Education Monsters Credits, you may be charged additional fees by the third party that provides the applicable Withdrawal Method. These fees are not under Education Monsters's control, and Education Monsters disclaims all liability in this regard. Whatever Withdrawal Method you use may be subject to additional terms and conditions, which we recommend that you review before using such Withdrawal Method.
4.6 Withholding or Delaying Disbursement of Funds
If Education Monsters determines that a Teacher's actions may have resulted or will result in a significant number of disputes, refunds or other claims from Students who purchased such Teacher’s Lessons, Education Monsters reserves the right to delay or stop the disbursement of all funds accrued in such Teacher's Teacher Wallet. If Education Monsters reasonably concludes that a Teacher has violated the Education Monsters Terms or other Education Monsters Policies, Education Monsters may refuse to disburse the funds accrued in such Teacher's Teacher Wallet and debit such funds from the Teacher Wallet.
4.7 Rounding Off
Education Monsters may, in its sole discretion, round up or round down amounts that are payable from or to Teachers or Students to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar); for example Education Monsters may round up an amount of $101.50 to $102.00, and may round down an amount of $101.49 to $101.00.
5. Lesson Packages
A Teacher may offer Students, and Students may purchase from a Teacher, more than one Lesson in a single package (each such lesson package, a "Lesson Package"). Students are expecting to complete all Lessons in the Lesson Packages within six (6) months of the purchase date (the "Package Expiration Date"). If there are any remaining Lessons that have not been completed on or before the Package Expiration Date, Education Monsters will send reminders to both the Student and the Teacher prior to the applicable Package Expiration Date. The Student may extend the Lesson Package on the Student’s Education Monsters Account before the applicable Package Expiration Date, but if the Student fails to do so, then all remaining Education Monsters Credits in the package will be sent to the Teacher, minus Education Monsters's Commission Fees.
Teachers shall be solely responsible for determining their applicable tax related duties in connection with the income obtained from their Teacher Services, and shall also be solely responsible for remitting to the relevant authority any applicable taxes that need to be paid. Education Monsters cannot and does not offer tax-related advice to any Members.
7. Education Monsters Credits Policies
7.1 Education Monsters Credits are not Bank Deposits
You acknowledge that: (1) Education Monsters is not a bank, and Student Wallets and Teacher Wallets are a payment service rather than a banking service; and (2) Education Monsters is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (3) EDUCATION MONSTERS IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN STUDENT WALLETS OR TEACHER WALLETS ARE NOT INSURED DEPOSITS.
7.2 Education Monsters Credits Expiration Policy
Education Monsters Credits in an Education Monsters Account will be valid for so long as the Member remains active on Education Monsters. If any Member’s Education Monsters Account has been inactive for more than twelve (12) months, the Education Monsters Credits will expire. Credits can be reactivated by contacting Education Monsters customer support with a reactivation request, with the condition that the credits have been expired for less than 12 months. Credits can be reactivated only one time, and will be valid for 12 months after the reactivation. Any activity in the credits will extend the expiration date of the credits an additional 12 months.
7.3 Foreign Exchange Risk
Education Monsters Credits are tied to Canadian Dollars. Education Monsters is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than Canadian Dollars, nor is Education Monsters responsible for currency fluctuations that occur when receiving or sending payment via third party payment services when purchasing Education Monsters Credits or withdrawing an Education Monsters Credit balance.
7.4 Education Monsters Credits Limitations
Education Monsters Credits are valid only when purchased on the Education Monsters Platform or through authorized Education Monsters partners. Education Monsters Credits in the form of Education Monsters gift cards or vouchers cannot be resold or redeemed for cash. Education Monsters Credits redeemed from gift cards or vouchers purchased through unofficial sources or channels are subject to cancellation without notice.
8. Education Monsters's Rights Regarding Education Monsters Accounts and Funds
8.1 Security and Financial Fraud
As a security measure, Education Monsters may impose transaction limits on some or all Students and Teachers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will impose these limits before any services are rendered if we determine it is necessary for security reasons or the prevention of fraud.
Education Monsters reserves the right to void Education Monsters Credit purchases if purchases are found to be fraudulent. This includes Education Monsters Credits that have been redeemed from fraudulent Education Monsters gift card purchases.
8.2 Reservation of Rights for Erroneous Transactions
Education Monsters reserves the right to seek reimbursement from any Teacher or Student, if Education Monsters, in its sole discretion, determines that erroneous or duplicate transactions have occurred. Education Monsters may obtain such reimbursement by deducting from future payments owed to such Teacher, by reversing any Education Monsters Credits to such Teacher's Teacher Wallet, or by seeking reimbursement from such Teacher by any other lawful means.
8.3 Prohibition on Friendly Fraud
"Friendly Fraud" is when a person initiates a fraud dispute with a payment provider, claiming that their credit card (or other payment method) was not intended to be used. Because Education Monsters does not offer refunds, users that disagree with the policy have tried to use Friendly Fraud to receive a refund.
This type of behavior is illegal and prohibited by all payment providers. Education Monsters also strictly opposes Friendly Fraud. If Friendly Fraud is discovered, the Student's Education Monsters Account and Student Wallet will be deactivated, purchased credits will be confiscated, and the Student will be noted as a financial security risk.
In the case of honest mistakes, Education Monsters can reverse the transaction. We strongly advise Students to contact Education Monsters Customer Service to resolve any financial disputes.
In addition to complying with the restrictions regarding improper use of the Education Monsters Platform described in Section 11 (Restrictions) of the Education Monsters Terms, you understand and agree that you are solely responsible for compliance with any applicable laws, rules, regulations, and tax obligations that may apply to you in connection with the use of the Payment Services. In addition, you may not and you agree that you will not:
Violate any local, state, provincial, national, or other law or regulation, or any order of a court, such as money laundering and internet fraud or theft;
Use the Payment Services for any commercial or other purposes that are not expressly permitted by this Payment Policy;
Use the Payment Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers, or photographs of others without their permission;
Register any Payment Method or Withdrawal Method with your Education Monsters account that is not yours or you do not have authorization to use;
Attempt to probe, scan, or test the vulnerability of any Education Monsters system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Education Monsters or any other third party (including another Member) to protect the Payment Services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Payment Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Payment Services;
Use credit cards or other payment methods fraudulently;
Advocate, encourage, or assist any third party in doing any of the foregoing.
Education Monsters has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in this Payment Policy, Education Monsters may take a range of actions against you, including but not limited to limiting access to your Education Monsters Account and any associated Payment Services, for a violation of this Payment Policy.
10. Teacher – Student Dispute
In the event of a disagreement between a Teacher and a Student, Education Monsters encourages the Teacher and Student to communicate directly and attempt to resolve the disagreement. If a Teacher and Student are unable to resolve a disagreement and Education Monsters is asked to mediate, Education Monsters may request that the Teacher and Student both provide communication records regarding the dispute, which should show all key relevant information including the time, date and communication details. Although Education Monsters will attempt to evaluate the dispute on an impartial basis, Education Monsters will have the authority to resolve the dispute in its sole discretion, and Education Monsters’s resolution of the dispute will be final. As a result, Education Monsters shall have the right, in its sole discretion:
To transfer credits, offer a refund, or reverse a transaction.
To designate who shall bear the Commission Fee resulting from any such actions.
11. Contacting Customer Service
If you wish to report a violation of this Payment Policy, have any questions or need assistance, please contact Education Monsters Customer Service as follows:
Online Support: https://www.education-monsters.com