Terms & Conditions

VONNIE TERMS OF SERVICE

Last Modified: October 24, 2018

These terms and conditions create a contract between you and Vonnie Technologies, LLC (the contract referred to as “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”

Notes for users

We have several documents you must review and comply with in order to use the Site or Application, including:

  1. Vonnie Terms of Service
  2. Vonnie Payment Terms of Service
  3. Vonnie Instructor Terms of Service
  4. Vonnie Privacy Policy
  5. Vonnie Copyright Policy
  6. Vonnie Community Policy

 

1. Key Terms

Vonnie provides an online venue for culinary learning where Members, both Students and Instructors (terms defined below), can collaborate with each other and take advantage of the services (collectively, the “Services”). These Services are accessible at www.vonnieapp.com and any other websites where Vonnie makes the Services available (collectively, the “Site”), and applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the “Application”).

 

If you are using the Site, Application or Services, these Terms of Service are between you and Vonnie Technologies, LLC (hereinafter referred to as “Vonnie”, “Company”, “we”, “us”, or “our”). Vonnie will handle any and all payments and payouts conducted through or in connection with the Site, Application or Services (“Payment Services”). Payment Services provided by Vonnie are subject to the Payments Terms of Service (“Payments Terms”).

 

“Content” means all Content that Vonnie makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

 

“Member Account” means the Vonnie Account you open when you register to become a Member and use the Services.

 

“Member” means any Student, Instructor or other person or legal entity that registers for an Account.

 

“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Member profile or Vonnie promotional campaign to be made available through the Site, Application or Services.

 

“Services” means any of the Connection or Payment Services that are delivered by Vonnie.

 

“Student” means a Member that purchases Teaching Services.

 

“Instructor” means a Member that offers and delivers Teaching Services.

 

“Teaching Services” means all Services delivered by Instructors. These include paid lessons, packages and other services.

 

“User” means (1) a person who is a Member, using the Site or Application on his or her own behalf, or (2) a person who is using the Site or Application on behalf of a Member that is a company or organization.

 

“Visitor” means a person who is only visiting the Site or Application, not a Member or User.

 

“You” means a Visitor or Member accessing the Site or Application or using the Services on his or her own behalf; or, if the Services are used on behalf of a company or organization, “you” means the Member for which the Services are used and the User who accesses the Site or Application on behalf of such Member (and such User represents that he or she has the authority to do so on the Member’s behalf).

 

2. Terms of Service

By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Content (defined below), and constitute a binding legal agreement between you and Vonnie. In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Content.

 

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

 

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE VENUE FOR CULINARY LEARNING WHERE MEMBERS, BOTH STUDENTS AND INSTRUCTORS MAY TAKE ADVANTAGE OF CONNECTION SERVICES AND PAYMENT SERVICES DIRECTLY WITH EACH OTHER. YOU UNDERSTAND AND AGREE THAT VONNIE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN STUDENTS AND INSTRUCTORS OR BETWEEN MEMBERS, NOR IS VONNIE A CULINARY SERVICES BROKER OR AGENT. VONNIE HAS NO CONTROL OVER THE CONDUCT OF STUDENTS, INSTRUCTORS, MEMBERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY SERVICES RENDERED BETWEEN THEM, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

IF YOU CHOOSE TO TEACH ON VONNIE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH VONNIE IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF VONNIE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF VONNIE. VONNIE DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR ACTIVITIES ASSOCIATED WITH YOUR PROFILE OR LISTED SERVICES, OR ANY OTHER MATTERS RELATED TO ANY SERVICES THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF VONNIE, INCLUDING BY INAPPROPRIATELY USING ANY VONNIE INTELLECTUAL PROPERTY.  

 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR CONTENT.

 

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

3. Modification

Vonnie reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. You are encouraged to check these Terms periodically for modifications. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

 

4. Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

 

For users in the United States, Vonnie may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Vonnie’s vendors.

 

5. How the Site, Application and Services Work

The Site, Application and Services can be used to provide an online venue where Members, Students and Instructors, can collaborate with each other and take advantage of Connection Services and Payment Services for culinary learning.

 

Connection Services. The Site or Application is a venue where:

 

  1. Members may upload information related to culinary learning.
  2. Members conduct searches, connect with, choose, and engage each other for the purposes of culinary learning.
  3. Students conduct searches, connect with, choose, and engage Instructors directly for culinary instruction.
  4. Instructors advertise their capabilities, respond to inquiries, connect with and engage to provide their Services directly to Students.

In providing the Connection Services, Vonnie only provides the venue for Students and Instructors to find and contract with each other.

 

Payment Services. The Site or Application is a platform for Students seeking online culinary lessons or other culinary learning services to connect with Instructors seeking to provide online culinary lessons and other culinary learning services.

 

Payment Services also provide to Students and Instructors certain collaboration, feedback, credit purchase and payment tools, dispute resolution process and dispute assistance, and other Services (collectively, “Payment Services”). Payment Services does not mean Connection Services.

 

You agree to Vonnie’s Payment Terms of Service at https://www.vonnieapp.com/payment-terms/

 

Instructor Services. Instructor services are described in more detail on the Instructor Terms of Service.

 

If you are accepted to be a Instructor, you agree to Vonnie’s Instructor Terms of Service at www. vonnieapp.com/instructorterms.

 

Unless explicitly specified otherwise in the Vonnie platform, Vonnie’s responsibilities are limited to facilitating the availability of the Site, Application and Services.

 

6. Account Registration

In order to access certain features of the Site and Application, and to participate in culinary learning Connection Services and Payment Services on Vonnie, you must register to create a student account or a teacher account (“Vonnie Account”) and become a Member. You may not create more than one student account and one teacher account. You may register to join directly via the Site or Application or as described in this section.

 

Your Vonnie Account and your Vonnie Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Vonnie Account—you can have one student account and one teacher account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Vonnie reserves the right to suspend or terminate your Vonnie Account and your access to the Site, Application and Services if you create a second student account or a second teacher account (or more) or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

 

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Vonnie Account, whether or not you have authorized such activities or actions. You will immediately notify Vonnie of any unauthorized use of your Vonnie Account.

 

7. General Member Terms

Our Services are available only to legal entities and individuals in business who can form legally binding contracts. To register for an Account with Vonnie and become a Member, you must accept all of the terms and conditions in, and linked to, the Terms of Service. Vonnie reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.

 

It is the sole responsibility of each registered Member that all personal details, including contact email addresses are up to date and accurate at all times. By accepting these terms and conditions all Members hereby release Vonnie from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to inaccurate personal information being held on the site or application. All Members are solely responsible for the content and accuracy of any information published by them on Vonnie.

 

Vonnie reserve the right to suspend or terminate the membership of any registered Member for any reason. No refunds, payments or compensation of any kind will be paid to Members whose registration has been terminated due to breach of these terms and conditions.

8. Privacy

You agree to Vonnie’s Privacy Policy – https://www.vonnieapp.com/privacy-policy/

 

9. Intellectual Property

Vonnie and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site or Application. The Vonnie logo and name are trademarks of Vonnie, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site or Application may be the trademarks of their respective owners.

 

Videos: During a typical lesson, Student will be recorded one-way video for the Instructor to watch and contemporaneously offer audio commentary (i.e., instruction). If the Instructor or Student choose, they may elect to switch the video for the Instructor to demonstrate and the Student to watch. At this time Quickblox will store the videos securely and provide the Student with a copy of the video after the lesson has completed. Although, there is no guarantee as to how long Quickblox will store any particular video before deleting. The Instructor will not have access to the video(s) after the lesson. The video(s) and copyrights associated therewith belong to Vonnie and Vonnie may use the video(s), in whole or in part, for whatever purposes it deems necessary (e.g., marketing and promotion).

 

You agree to Vonnie’s Copyright Policy – www.vonnieapp.com/copyright-policy.

 

10. Site and Application License

Subject to and conditioned on compliance with the Terms of Service, Vonnie grants you a limited license to access and, if you are a Member, to use this Site or Application internally for the purpose of ordering and receiving the Services available and authorized from this Site or Application. You must not sell, adapt, copy, display, distribute, edit, license, modify, prepare derivative works based on, publicly perform, publish, rent reproduce, transmit, repost or otherwise use any content of this Site or Application in any way for any public or commercial purpose without prior written consent of Vonnie or the rights holder, unless such actions have previously been expressly permitted by Vonnie or the rights holder for the content in question. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site or Application unless expressly permitted by law. This Site or Application or any portion of this Site or Application may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Vonnie.

 

11. Vonnie Content and Member Content License

Subject to your compliance with these Terms Vonnie grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Vonnie Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

 

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Content, except 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 Vonnie or its licensors, except for the licenses and rights expressly granted in these Terms.

 

You agree to Vonnie’s Copyright Policy – www.vonnieapp.com/copyright-policy.

 

12. Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Vonnie promotional campaigns, you hereby grant to Vonnie a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Vonnie does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

 

You acknowledge and agree that you are solely responsible for all Vonnie Content that you make available through the Site, Application, Services or through Vonnie promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Vonnie promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Vonnie the rights in 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 Vonnie’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Vonnie promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

13. Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Vonnie is not responsible or liable for: (i) the availability, accuracy, copyright compliance, legality, decency, or compliance with local cultural and legal norms of such websites or resources; or (ii) otherwise the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Vonnie of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

 

14. 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.  

 

15. Disclaimers

THE SERVICES PROVIDED BY VONNIE OR ANY OF OUR LICENSORS OR INSTRUCTORS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE OR APPLICATION BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

16. Limitation of Liability

IN NO EVENT SHALL WE OR OUR LICENSORS OR INSTRUCTORS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

 

17. Indemnification

You agree to defend, hold harmless and indemnify Vonnie from and against any and all losses, costs, expenses, damages or other liabilities incurred by Vonnie from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Vonnie:

  1. in connection with your use of the Services including any payment obligations incurred through use of the Services; or
  2. resulting from:
  1. your use of the Site or Application;
  2. your decision to supply credit information via the Site or Application, including personal financial information;
  3. your decision to submit postings and accept offers from other Members;
  4. any breach of contract or other claims made by Members with which you conducted business through the Site or Application;
  5. your breach of any provision of this Agreement;
  6. any liability arising from the tax treatment of payments or any portion thereof;
  7. any negligent or intentional wrongdoing by any Member;
  8. any act or omission of yours with respect to the payment of fees to any Instructor;
  9. your dispute of or failure to pay any invoice or any other payment; and/or
  10. your obligations as a Instructor or to a Instructor.

 

Any such indemnification shall be conditioned on our:

(a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof;

(b) cooperating with you in the defense or settlement thereof; and

(c) allowing you to control such defense or settlement.

 

We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

 

18. Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

 

  • You acknowledge and agree that (i) these Terms are concluded between you and Vonnie only, and not Apple, and (ii) Vonnie, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Vonnie and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Vonnie.
  • You and Vonnie acknowledge that, as between Vonnie and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and Vonnie acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Vonnie and Apple, Vonnie, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • You and Vonnie acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  • Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

19. 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 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.

 

  1. Vonnie Terms of Service
  2. Vonnie Payment Terms of Service
  3. Vonnie Instructor Terms of Service
  4. Vonnie Privacy Policy
  5. Vonnie Copyright Policy
  6. Vonnie Community Policy

 

20. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.

 

21. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Vonnie’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Vonnie may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

22. Notices

Unless you otherwise indicate in writing to Customer Service, Vonnie will communicate with you by email or by posting communications on this Site or Application. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Vonnie sends it to the email address you have provided to Vonnie on this Site or Application, or when Vonnie posts such communication on this Site or Application. You must keep your email address updated on this Site or Application, and you must regularly check this Site or Application for postings. If you fail to respond to an email message from Vonnie regarding violation, dispute or complaint within two business days, Vonnie will have the right to terminate or suspend your membership or your registration.

 

All notices to Vonnie intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:

 

Vonnie Technologies, LLC

1380 Pantheon Way Ste 250

San Antonio, TX 78232

Such notices to Vonnie are deemed effective upon receipt.

 

23. 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 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.

 

24. General

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.  

 

25. 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:

Online Support: http://support.vonnieapp.com

Email: [email protected]

 

VONNIE INSTRUCTOR TERMS OF SERVICE

Last Modified: October 24, 2018

If you want to offer Teaching Services on Vonnie, you must read and agree to be bound by these Instructor Terms of Service (“Instructor Terms”) which are part of and incorporated into the Vonnie Terms of Service and Payment Terms of Service (“Terms”). These Instructor Terms will apply to any Account that is approved to be an Instructor on the Site. If you do not accept these Instructor Terms in full, you are not authorized to teach on the Site and you are not eligible to receive any benefits from Vonnie for any Teaching Services you provide.   

 

  • Instructor Registration and Service Listing

 

Approval for Teaching Services

In order to become an Instructor (referred to herein as “Instructor” or “Teacher”), you must first submit a complete Instructor Application. Completed Instructor Applications are evaluated by Vonnie for approval. If your Instructor Application is approved, your member status will be changed to “Instructor.” You will have the ability to create and manage an Instructor Profile on our Site. As an Instructor, you can begin providing “Teaching Services”.

Teaching Services Profile

In order to provide lessons, Instructors must create a profile of their Teaching Services on Vonnie. When creating the profile, you agree to the following guidelines:

  • Provide a fair and reasonable image of yourself.
  • Truthfully respond to pre-qualification questions, when asked.
  • Not represent yourself with the intent to commit fraud, or provide services other than the ones authorized by Vonnie. For instance, you may not offer services in exchange for positive feedback or for no cost.

 

  • Providing Teaching Services

 

Guidelines for providing your Teaching Services

Once you have received a Teaching Services request, you agree to the following guidelines:

  • Use the Vonnie platform to manage Student requests.
  • Maintain a record of all communication between you and the Student. Communication methods can include outside emails, instant messages, telephone or in-person conversations. Important details includes information on the scope, deliverables, time frames, price, feedback, revisions, schedule changes, vacation, availability, delays, acceptance of deliverables, and completion of lessons.
  • Inform the Student of your availability and response time.

Guidelines if you will be unable to provide your Teaching Service

  • Immediately inform the Student offering an explanation and proposing a revised date.
  • Immediately alert Vonnie Customer Service so that Vonnie is aware of the situation and can offer assistance to the Student.

Guidelines for after you have provided your Teaching Service

  • Use the Vonnie Payment Service to handle all financial matters related to your Teaching Service.
  • Provide helpful, objective, balanced feedback for the Student.

Student Complaints and Refunds

Any Student who is dissatisfied with your Teaching Service is required to contact you directly through the Site or Application regarding any issues or complaints. You should try to resolve any issue or complaint directly with the Student first.

If the issue or complaint cannot be resolved, between the Instructor and the Student, Vonnie will use all records of communication as evidence to make a determination on how to adjudicate the dispute. Vonnie shall have the right, in our sole discretion:

  • To transfer credits, offer a refund, or reverse a transaction.
  • To designate who shall bear the expenses resulting from any such actions.

Additional Guidelines for Teaching Services

  • Agree to maintain the privacy of Vonnie Students. This includes not soliciting any personally identifiable information (such as birth date, age, government issued number, phone number, or home address).
  • Agree to maintain the privacy of your personal details. This includes personal financial information regarding your Instructor Wallet.
  • Agree to maintain personal records for all invoices and payments.
  • Agree to cooperate with Vonnie in anti-fraud actions, and in Dispute Resolution.
  • Report any conduct violations, including misuse of ratings and feedback.
  • Not use Prohibited Content, or content that violates copyright.

 

  • Instructor Removal from the Site

 

You are expected to perform in a manner that results in a consistently high level of Student satisfaction. You are in breach of these Instructor Terms if you:

  • Fail to deliver any Teaching Service for which payment was accepted.
  • Fail to take reasonable efforts to resolve a dispute with a Student.
  • Create unacceptable levels of Student dissatisfaction
  • Violate the Terms of Service, Privacy Policy or other policies

Vonnie reserves the following rights to take any of the following actions at any time and at our sole discretion:

  • Cancel your listed Teaching Service
  • Limit your Account privileges
  • Suspend or terminate your Account
  • Adjust your Instructor Wallet balance and withhold all payments
  • Contact law enforcement or seek legal remedies

 

  • License Grants

 

License Grant for Instructor Content to Students

You hereby agree that any user who purchases your Teaching Services will be granted a right to use the Content in your Teaching Services solely for personal and noncommercial educational purposes. You acknowledge that all of the Content you submit to the Site is subject to the representations, warranties, license grants and other provisions contained in the Terms.

License Grant for Instructor Content to Vonnie

You acknowledge that Vonnie may use your Content and information about your Teaching Services in marketing, advertising and promotion of our Site or Application in any medium. You also give Vonnie permission to use your name as part of marketing, advertising or promotion.

License Grant for Instructor Logos

We encourage you to highlight your Teaching Services by using your trademarks, service marks or brands (“Logos”) on our Site. You give us permission to display your Logos and to make modifications to the appearance of the Logos as may be reasonably necessary. You represent that you own all rights to your Logo. You retain ownership and all rights to any Logo that you submit. Logos may not contain any Prohibited Content. We reserve the right to remove your Logos from the Site at any time in our sole discretion.

License Grant for Instructor Introduction Video

Vonnie has the rights to use your Instructor Introduction video for marketing, advertising or promotional purposes. Vonnie may publish instructor videos to our official channels in third-party video hosting and streaming services, such as Youtube, Vimeo, Youku, or others, as to ensure accessibility and visibility to Vonnie students regardless of location.

Vonnie will remove Instructor Introduction videos published to our official channels in third-party video hosting and streaming services upon written notice sent to [email protected].

 

  • 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:

Online Support: https://support.vonnieapp.com/
Email: [email protected]