VONNIE PAYMENT TERMS OF SERVICE
Last Modified: October 24, 2018
1. Terms of Service
These terms and conditions (“Payments Terms”) govern the Payment Services between you and Vonnie Technologies, LLC (Vonnie Technologies, LLC is hereinafter referred to as “Vonnie”, “we”, “us”, or “our”). Vonnie Technologies, LLC will handle any and all payments and payouts conducted through or in connection with the Site, Application or Services (“Payment Services”).
These Payment Terms constitute a binding legal agreement between you and Vonnie Technologies, LLC.
YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE PAYMENT SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE PAYMENTS TERMS. IF YOU DO NOT AGREE TO THESE PAYMENTS TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PAYMENT SERVICES.
Failure to use the Payment Services in accordance with these Payments Terms may subject you to civil and criminal penalties. If you accept or agree to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE INSTRUCTORS AND STUDENTS CONNECTING AND BOOKING ONLINE CULINARY LESSONS DIRECTLY WITH EACH OTHER. VONNIE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY INSTRUCTOR OR STUDENT PROFILES AND IS NOT RESPONSIBLE FOR THE METHODS, MATERIALS, ONLINE DELIVERY TOOLS AND ALL ASPECTS OF THE LESSONS. VONNIE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LESSONS. ACCORDINGLY, ANY PAYMENT SERVICES WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
Vonnie reserves the right, at its sole discretion, to modify or terminate the Payment Services or to modify these Payments Terms at any time and without prior notice. If we modify these Payments Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Payments Terms. By continuing to use the Payment Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Payments Terms. If the modified Payments Terms are not acceptable to you, your only recourse is to cease using the Payment Services.
The Payment Services are intended solely for persons who are 18 or older. Any use of the Payment Services by anyone under 18 is expressly prohibited. By using the Payment Services you represent and warrant that you are 18 or older.
4. Account Registration and Identity Verification
In order to use the Payment Services, you must first register to create an Vonnie Account and become a Member in accordance with the Terms of Service. You acknowledge, consent and agree that anyone you authorize to use your Member Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
You authorize Vonnie, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, and other information requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or attempting to screen your information against third party databases. You further authorize Vonnie (or its affiliates) to request a consumer report on you from a Consumer Reporting Agency. This consumer report will be requested and utilized in compliance with applicable law, included the Fair Credit Reporting Act. Vonnie reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
5. Key Terms for Payment Services
“Lesson Fees” and “Module Fees” – Lesson and Module Fees are the fees determined by Vonnie that are due and payable by a Student to Vonnie in exchange for the delivery of recipe(s) and instruction(s) available for lessons and modules.
“Instructor Fees” – Instructor Fees are the fees Vonnie pays to the Instructor when using Vonnie Services and providing lessons thereunder.
“Payment Method” – Payment Method is the service that a Student uses to pay Lesson Fees and Module Fees. Examples of payment methods are credit card, debit card, or Third Party Payment Method (e.g., Stripe, Inc.).
6. General Relationship
Vonnie Provides the Venue: Vonnie makes the Site or Application available as an online venue where Members locate and connect with each other and take advantage of the Services. Vonnie is not involved in the Instructors’ delivery of Teaching Services to Students. Vonnie has no control over and does not guarantee the quality, safety or legality of Teaching Services advertised, the truth or accuracy of, the qualifications, background, or abilities of Instructors, the ability of Instructors to deliver Teaching Services, the ability of Students to pay for Teaching Services, or that a Student or Instructor can or will actually complete a transaction.
Performance of Lesson Contracts: Upon confirmation of Teaching Services and time by both the Student and the Instructor, the Student agrees to purchase, and the Instructor agrees to deliver, the Teaching Services in accordance with the Terms of Service (collectively the “Lesson Contract”). You agree not to enter into any contractual provisions in conflict with the Terms of Service. The Student and Instructor each covenants and agrees to act with good faith and fair dealing in performance of the Lesson Contract. Furthermore, the Student and Instructor each acknowledges and agrees that the value, reputation, and goodwill of the Site or Application depend on their performance of the foregoing covenants and agreements. The Student and the Instructor therefore agree that Vonnie has the right to take such actions with respect to the Lesson Contract, including without limitation suspension, termination, or legal actions, as Vonnie in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site or Application.
7. Financial Terms for Students
As a Student, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Lesson Fees or Module Fees and other applicable fees, surcharges, and taxes. Vonnie has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms or quoting you a price for a specific lesson at the time you make a request. Pricing may vary based on the difficulty of the lesson you request. You are responsible for reviewing the applicable price within the Vonnie App and shall be responsible for all Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof.
- Lesson Fares. Vonnie will provide a fixed rate fee for each lesson or module at the time of your request. The quote is subject to change until the lesson request is confirmed.
Fees and Other Charges.
- Cancellation Fee. After requesting a lesson or module you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a lesson.
- Dropped Calls. In situations where a Student drops the call during a lesson, Vonnie may charge the Student a reconnection fee if the Student wishes to reconnect within ten minutes of the dropped call. Vonnie will retain this reconnection fee to cover the administrative expenses associated therewith. At this time, Vonnie uses Quickblox to reduce the likelihood of dropped calls. Vonnie cannot guarantee that Quickblox will eliminate all dropped calls (e.g., either the Student or Instructor may hang up a call; acts of God; etc.). Vonnie reserves the right to switch communications vendors in its discretion. If the Student drops the call during a lesson and attempts to reconnect more than ten minutes after the original call was dropped, the Student will be charged a second lesson fee.
- Taxes. Where required by law Vonnie will collect applicable taxes.
- Facilitation of Charges. All Charges are facilitated through a Third Party Payment Method (e.g., Stripe, Inc., etc.). Vonnie may replace its third-party payment processing services without notice to you. Charges shall only be made through the Vonnie Platform. Your payment of Charges to Vonnie satisfies your payment obligation for your use of the Vonnie Platform and Services.
- No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Vonnie Platform, any disruption to the Vonnie Platform or Services, or any other reason whatsoever.
- Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Lesson. Coupons are only valid for use on the Vonnie Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your lesson exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Lesson. For quoted or variable fares, Vonnie may deduct the amount attributable to the Service Fee, or Taxes before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion.
Credit Card Authorization. Upon addition of a new payment method or each lesson request, Vonnie may seek authorization of your selected payment method to verify the payment method, ensure the lesson cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Feedback and Ratings on Lessons
As a Student, you may be asked to leave feedback and a rating for the instructor. Leaving feedback or a rating is optional. However, if you do so, you agree that your feedback will not be used to artificially raise or lower a instructor’s rating, commit fraud, spam, insult, harass, threaten, or enact intentional misuse.
You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system.
8. Financial Terms for Instructors
You are entitled to an Instructor Fee for each lesson that you provide. The “Instructor Fee” for a particular lesson is a predetermined flat rate fee based on the difficulty and anticipated time required to complete the lesson. The Instructor Fee is always less than the overall “Lesson Fee” that a Student pays for a particular lesson. Please consult the current Instructor Payout Tiers for an estimation of Instructor Fees associated with particular lessons.
In situations where a Student cancels your lesson in violation of Vonnie’s cancellation policy, we may charge the Student a cancellation fee on your behalf. In those cases, your Instructor Fee will be the lesser of the previously predetermined Instructor Fee or the Cancellation Fee.
In situations where the Instructor drops the call during a lesson the Instructor will not be paid. At this time, Vonnie uses Quickblox to reduce the likelihood of dropped calls. Vonnie cannot guarantee that Quickblox will eliminate all dropped calls (e.g., either the Student or Instructor may hang up a call; acts of God; etc.). Vonnie reserves the right to switch communications vendors in its discretion. If the Student drops the call, the Instructor needs to remain available for reconnection for at least ten minutes. If the first Instructor (“Original Instructor”) becomes unavailable and Vonnie is forced to reconnect the Student with a second instructor (“Replacement Instructor”), the Original Instructor forfeits their Instructor Fee for that lesson and the Replacement Instructor will be paid the Instructor Fee for that lesson instead.
Additional Payments to You.
In addition to the Instructor Fee, you will receive the following payments, if applicable: any bonuses or incentives you earn based on your provision of Services.
Adjustments and Settlement.
Vonnie reserves the right to adjust or withhold all or a portion of an Instructor Fee or other payment owed to you (i) if Vonnie believes that you have attempted to defraud or abuse Students, Vonnie or Vonnie’s payment systems, or (ii) in order to resolve a Student complaint (e.g., a Student complains that you provided summary instructions at the beginning of a lesson but did not take the time to properly instruct the Student through recipe steps). Vonnie’s decision to adjust or withhold the Instructor Fee or other payment in any way shall be exercised in a reasonable manner. If you have agreed to any other amounts being deducted from your Instructor Fee with any party, those amounts will be deducted before remittance to you, and we may determine the order of these other deductions if allowed by law. We will use reasonable efforts to ensure that your Instructor Fee and any other payments to you will be paid to you on at least a semimonthly basis. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.
In exchange for your use of the Vonnie Platform and the services provided by Vonnie to you, you agree that Vonnie will collect a Payment from the Student and that you will receive a Payout for the completion of one or more lessons instructor (i.e., the sum of your Instructor Fees, subject to any necessary deductions).
Circumvention of Vonnie
Instructors agree not to engage in any action or activity meant to circumvent Vonnie. Prohibited practices include (but are not limited to) the following:
- Suggesting, soliciting, or accepting payment by other means outside the Vonnie Payment Service.
Payment processing services are provided by STRIPE and subject to the STRIPE Agreement (available at https://stripe.com/us/ssa), which includes the STRIPE Payment Terms (available at https://stripe.com/payment-terms/legal) (collectively, the “STRIPE Terms”). By using the Vonnie Platform to receive payment proceeds, you agree to be bound by the STRIPE Terms, which may be modified from time to time. As a condition of Vonnie enabling payment processing services through STRIPE, you authorize Vonnie to obtain all necessary access and perform all necessary activity on your STRIPE Account to facilitate your provision of Services as contemplated by the Agreement and your relationship with Vonnie. You further agree to provide accurate and complete information about you and your business, and authorize Vonnie to share it and transaction information with STRIPE for the purposes of facilitating of the payment processing services provided by STRIPE. Vonnie reserves the right to switch payment processing vendors in its discretion.
Promotions and Coupons.
Vonnie may, at its discretion, offer promotional or other Coupons to Students, however such discounts shall not impact the Instructor Fee or any other payments owed to you. You agree that Vonnie may sell passes or subscriptions (each, a “Lesson Pass”) on your behalf to generate additional leads for your Services. Lesson Passes entitle Students to receive discounted fees for qualifying lessons (subject to certain limitations, terms and conditions). When a Student uses a Lesson Pass to receive a qualifying lesson, Vonnie will use the Lesson Pass payment in satisfaction of the lesson total charges subject to the terms and conditions of the Lesson Pass. Your payment for Services arranged with a Lesson Pass will be determined based on the Instructor Fee for the lesson as provided in this Vonnie Instructor Terms of Service. In the event that Lesson Pass collections from a Student exceed qualifying lesson charges (if any), you agree that as between you and Vonnie, and to the extent permitted by law, Vonnie may retain such excess amounts in consideration for Vonnie’s sales and marketing of Lesson Passes.
No Additional Amounts.
You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Vonnie and its Affiliates may seek to generate additional demand for your Services from new and existing Students. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in the Vonnie Terms of Service or this Vonnie Instructor Terms of Service.
Withholding or Delaying Disbursement of Funds
Vonnie’s Rights Regarding Reimbursements
Vonnie reserves the right to seek reimbursement from an Instructor if Vonnie, in its sole discretion, (a) provides a refund to a Student if the Instructor cannot promptly deliver the purchased Instructor Services, or (b) discover erroneous or duplicate transactions. The Instructor authorizes Vonnie to obtain such reimbursement by deducting from future payments owed to the Instructor, reversing any payment to the Instructor’s Account, debiting the Instructor’s bank account, or seeking such reimbursement from the Instructor by any other lawful means.
Vonnie may, in its sole discretion, round up or round down amounts that are payable from or to Instructors or Students to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar); for example Vonnie will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
An Instructor understands and agrees that they are solely responsible for determining their applicable Tax reporting requirements and obligations relating to applicable Taxes for their services. They are also solely responsible for remitting to the relevant authority any Taxes included or received. Vonnie cannot and does not offer Tax-related advice to any Members.
10. Vonnie is Not a Bank
You acknowledge that: (1) Vonnie is not a bank and Vonnie does not provide a banking service; (2) Vonnie is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian; and (3) VONNIE IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED ARE NOT INSURED DEPOSITS.
11. Vonnie’s Rights Regarding User Accounts and Funds
Security and financial fraud
As a security measure, Vonnie may impose transaction limits on some or all Students and Instructors 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.
Vonnie may earn interest or other compensation from the balances in bank accounts that result from the timing difference between the payment for Instructor Services and the disbursement of the corresponding funds to Instructors. Instructors and Students are not entitled to any such interest or other compensation.
Reservation of Rights for Erroneous Transactions
Vonnie reserves the right to seek reimbursement from any Instructor or Student. The Instructor or Student will reimburse Vonnie if Vonnie discovers erroneous or duplicate transactions for the amount of such transaction from such Instructor or Student. Vonnie may obtain such reimbursement by deducting from future payments owed to such Instructor, by reversing any payments to such Instructor’s bank account, or by seeking reimbursement from such Instructor by any other lawful means.
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 Vonnie 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. Vonnie also strictly opposes friendly fraud. If friendly fraud is discovered, the student’s account will be deactivated, and the user will be noted as a financial security risk.
In the case of honest mistakes, Vonnie can reverse the transaction. We strongly advise students to contact Vonnie customer service ([email protected]) to resolve any financial disputes.
12. User Conduct
You understand and agree that 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:
- Violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- Use the Payment Services for any commercial or other purposes that are not expressly permitted by these Terms;
- 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, videos, or photographs of others without their permission;
- Register any Payment Method with your Vonnie account that is not yours or you do not have authorization to use;
- Attempt to probe, scan, or test the vulnerability of any Vonnie system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Vonnie or any other third party (including another user) 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;
- Advocate, encourage, or assist any third party in doing any of the foregoing.
Vonnie 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 these Payments Terms, Vonnie may take a range of actions against you, including but not limited to limiting access to your Vonnie Account and any associated Payment Services, for a violation of these Payments Terms.
13. Enforcement of Terms of Service
We may suspend or cancel your Member Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, or violated our rights or those of another party. Without limiting Vonnie’s other remedies, we will suspend or terminate your Member Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service and the other written policies and procedures posted on the Site or Application; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for Vonnie.
Once suspended or terminated, you may not continue to use the Vonnie service under a different Account or re-register under a new Account. This includes usage of any associated Payment Services. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a User or Member engages in actions or activities which circumvent the Site or Application or otherwise reduces service fees owed Vonnie under the Terms of Service, that User or Member will be liable to Vonnie for the service fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of Vonnie membership. Vonnie reserves the right to terminate any User or project for any reason, at its sole discretion and to refuse to provide registration and membership to you in the future. When your membership is canceled, you may no longer have access to data, messages, files and other material you keep on the Site or Application.
IF YOU CHOOSE TO USE THE PAYMENT SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT VONNIE PROVIDES THE PAYMENT SERVICES “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VONNIE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VONNIE MAKES NO WARRANTY THAT THE PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VONNIE MAKES NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VONNIE PAYMENTS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NOTWITHSTANDING VONNIE’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE INSTRUCTORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM STUDENTS ON BEHALF OF THE INSTRUCTORS, VONNIE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
15. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE PAYMENT SERVICES REMAINS WITH YOU. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR VONNIE ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER VONNIE NOR ANY OTHER PARTY INVOLVED IN PROVIDING 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PAYMENT SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT 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 VONNIE PAYMENTS 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 APPLICABLE AMOUNTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE VONNIE INSTRUCTOR GUARANTEE, IN NO EVENT WILL VONNIE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PAYMENT SERVICES INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE PAYMENT SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR TEACHING SERVICES VIA THE VONNIE PLATFORM AS A STUDENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN INSTRUCTOR, THE AMOUNTS PAID BY VONNIE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$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 VONNIE AND YOU.
You agree to release, defend, indemnify, and hold Vonnie 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 your access to or use of the Payment Services, or your violation of these Payments Terms.
17. Entire Agreement
Except as they may be supplemented by additional Vonnie policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms (and the terms and policies below) constitute the entire and exclusive understanding and agreement between Vonnie and you regarding the Site, Application, Services, Content, and any Teaching Services Requests made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Vonnie and you regarding bookings or listings of Accommodations, the Site, Application, Services, and Content.
- Vonnie Terms of Service
- Vonnie Payment Terms of Service
- Vonnie Instructor Terms of Service
- Vonnie Copyright Policy
- Vonnie Community Policy
You may not assign or transfer these Payments Terms, by operation of law or otherwise, without Vonnie’s prior written consent. Any attempt by you to assign or transfer these Payments Terms, without such consent, will be null and of no effect. Vonnie may assign or transfer these Payments Terms, at its sole discretion, without restriction. Subject to the foregoing, these Payments Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Payments Terms, will be in writing and given by Vonnie (i) via email (in each case to the address that you provide) or (ii) by posting to the Vonnie Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
20. Controlling Law and Jurisdiction
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Bexar County, Texas, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Payments Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Vonnie and you arising out of or in connection with your use of the Site or Application, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
The failure of Vonnie to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Vonnie. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
22. Contacting Customer Service
If you wish to report a violation of Site, Application or Service Policies, have any questions or need assistance, please contact Vonnie Customer Service as follows:
Notes for users
We have several documents you must review and comply with in order to use the Site or Application, including:
- Vonnie Terms of Service
- Vonnie Payment Terms of Service
- Vonnie Instructor Terms of Service
- Vonnie Copyright Policy
- Vonnie Community Policy