AmazingTalker User Service Agreement
Welcome to AmazingTalker!
Please read the following agreement carefully in order to protect and guarantee your rights.
Basic Terms of Agreement
The main purpose of this company’s operating of the AmazingTalker website (hereafter referred to as this website) is to provide a teacher-student matching service platform. The purpose of this online service is to provide student members who have language learning needs with a search, filter, and chat function on this platform that allows them to find the most suitable instructor according to their own learning expectations, thereby attaining the goal of one-on-one teaching included in this Service Agreement. The services of this company include:
- Teacher-student matching service
The information related to teacher evaluations, records, and other information relevant to the teaching profession that is disclosed on this website assists student members in searching, filtering, and finding the most suitable instructor according to the students member’s own specific learning needs, as well as provides teacher members with a one-on-one teaching network connection service.
- Teacher evaluation service
In order to maintain a certain level of instruction quality of the teacher members as well as assist student members in their selection of instructors, this website offers student members a teacher member evaluation mechanism. Teacher member information pages are updated on a regular basis.
- Fee collection service
After student members select their teacher members, they need to select a method of course fee payment. The course fee is collected by this website. After deducting service charges, financial rewards will be transferred to the personal accounts provided by the teacher members or through another payment method specified by the teacher member.
Extent and Limitations of Responsibility
This website is a matching service for student members and teacher members and has the purpose of acting as an intermediary service that assists both sides in reaching lesson agreements while also receiving payment for the use of this website and the course fee that students are obliged to pay according to the lesson agreement on behalf of the teacher members as personally authorized by each teacher member. This company, in addition to maintaining the integrity of this website's search and evaluation features as well as safeguarding the quality of instant messaging and collection services, shall also assume responsibility for the following items:
- With regard to the registration of student or teacher members, the authenticity and accuracy of the basic information provided and compliance with any relevant laws or regulations
- With regard to the information pages of the teacher members, the information related to teaching experience, work record, teaching performance, and the description and guarantee of anything related to teaching quality and content, as well as compliance with any relevant laws or regulations
- The instruction contents and methods of the teacher members, the actual instruction time of the teacher members, use of materials, the quality of these, and the contents, as well as compliance with any relevant laws or regulations
- Anything published on this website due to operational considerations or by third parties not belonging to this company, advertisements, or any other online information and its authenticity, security, and accuracy, as well as compliance with any relevant laws or regulations
Termination of the Service Agreement
Either teacher or student members may at any time terminate the Service Agreement for use of this website. But if both parties have reached a lesson agreement prior to termination, the following still applies:
- This company still has to fulfill the obligation to assist members in fulfilling the lesson agreement that was already established prior to termination
- If either a student member, a teacher member, or both parties have already established a lesson agreement prior to their termination of the Service Agreement with this company company’s termination of the Service Agreement, they must still fulfill their obligations as set in the lesson agreement
- As agreed upon within this Service Agreement, this company shall still collect the due service charges from the teacher member for their use of this platform
The time of the lesson agreement coming into effect is after the student member has selected the teacher member and the course program as well as completed payment of the course fee. For the fulfillment of a lesson agreement that had been established prior to termination of the Service Agreement, this company may, depending on specific circumstances and within a certain period after termination, allow use of certain features of this website for members who have already terminated their Service Agreement as well as preserve log-in information and other information posted to the website by the member. This company has the right to keep any evaluation records made by a student member prior to termination of services. Basic terms and specifications related to refund dispute settlements will not become void due to termination of this agreement.
Liability and Upper Limit for Damages
If an incident causing actual harm to members can be attributed to this company, this company shall be held liable for the damages suffered by the teacher or student members and provide compensation in the amount of the total fee accrued for the courses completed in the last lesson agreement before the incidence. This does not include expected benefits that result after completion of the lesson agreement.
Authorization and Use of Personal Data
The completion of the membership registration process will be regarded as authorization for this company to use personal information as necessary for the scope of this company’s operations. This company shall adopt appropriate security measures to prevent personal data from being stolen, tampered with, damaged, lost, or disclosed, except with the written consent of members or when members take the initiative to disclose contact information to other members after establishing a lesson agreement. This company shall abide by confidentiality obligations towards third parties outside of this Agreement.
In accordance with the regulations in the Personal Data Protection Act, users are informed of the following items:
Purpose of personal data collection
- The purpose of data collection: marketing services, consumers, customer management and service, information (communication) and database management, and online shopping, and other e-commerce services; surveys, statistics and analysis or business, and other business registration clauses or articles of association (regulation item numbers are 40, 90, 136, 148, 157, and 181).
Categories of personal data collection
- Personal data collected by this service include:
- C001 identification of individuals, such as name, address, telephone number, e-mail, delivery address, and other information.
- C002 identification of financial identities, such as credit cards or financial institution accounts, and other information.
- C011 personal description, such as gender, date of birth, etc.
- C102 agreement or contract, such as transactions, business, legal, or other contracts, etc.
- Duration of use, area, subjects, and method.
- Duration: from the user’s consent to becoming a member until the user or this company terminates this user’s terms of service.
- Area: Taiwan and areas where services are provided.
Subjects and Methods
- The personal data of members that is collected by this company, apart from being used by the company for member management, customer management, also includes identity recognition, payment services, marketing, etc.
- Through membership profile registration personal data is acquired. Based on this company’s contractual obligations, it needs to provide relevant information to its authorized partners or outsourcing vendors.
- The use of personal data includes automated or non-automated processing methods under specified collection and use purposes.
Member rights regarding personal data
- Members have, under the Personal Data Protection Act, the right to approach the company in writing for the purpose of:
- 1.searching for or requesting review.
- 2.making copies.
- 3.supplementing or correcting.
- 4.requesting to stop collecting, processing, or using.
- 5.requesting removal.
Users have the freedom to choose whether or not to authorize such use of personal information. But if users do not authorize such use, this company is unable to provide related service contents and items.
Ownership and Protection of Intellectual Property Right
Upon completion of the registration process, members are deemed to have authorized this company to use, copy, reproduce, revise, publicly transmit, and publicly broadcast, etc., and given all rights under copyright law, of any personal information posted by on this website, or all text or audio and visual data of actual teaching, personal profile, and teacher evaluations transmitted online through this website. In addition to this mandate, apart from this website, this also includes other websites that are authorized to represent this company. Except when there is expressed written consent, this company will not make said data available to other third parties.
If there are intellectual property infringements that result in the suffering of damages to this company due to anything posted by members on this website or through any text and audio-visual material transmitted, or caused by teaching aids and material used during actual online teaching, the members shall be held liable.
Regarding the Handling of Disputes and Ambiguity
If there are any uncertainties regarding any items described in this agreement, please contact our customer service center in written form. This company has the right to refuse to reply to any ambiguities that are not brought to light in aforesaid procedure.
Regarding disputes resulting from this agreement, ROC law shall prevail. If there are rights and obligations disputes between this company and members that result from the use of this website, the member shall notify this company with a request for resolvement so as to initiate negotiations.
If these negotiations fail, this company or the member shall file for arbitration, for which ROC law shall prevail for its basis, procedures, effect.
Definition and General Qualification of Membership
Upon completion of this website’s registration process, student members are those members who search, filter, find, and evaluate teacher member on this website so as to reach a lesson agreement and provide feedback. Teacher members are those members who make use of the ability to disclose information on this website and who publish their expertise, experience, and videos, etc. as well as other teaching related information so as to persuade student members to reach a lesson agreement with them.
Membership qualification is limited to natural and legal persons.
Mutual Obligations of Members
Anyone who has membership status or has become a teacher member or student member by completing the registration process shall comply with the following provisions:
- Members shall ensure that the personal data of their registered account is authentic and complete, and they shall abide by this company’s request for timely updates.
- Members shall periodically review update announcements regarding service processes and website policy of this company. If a member does not log in for six months, this company may terminate the user agreement for this member and delete the member’s registration information. If a member has not logged in for five months, a notification will be sent to the member’s email address provided in the registration information.
- Any notifications to members sent by the website should be read as soon as possible. If security notifications are sent regarding an account being used by a different person or other people tampering with information, etc., the member should cooperate with this company to resolve such problems.
- Membership accounts provided by this company are only for personal use. Members are not allowed to simultaneously register or use two or more accounts, or provide an account to a third party for compensation or without compensation.
- Members shall maintain the features and operation of the evaluation system and not use robot accounts or other technological methods that affect a specific teacher member’s evaluation, or influence other people’s free evaluation through exchange of benefits, intimidation, or other methods.
- Members shall maintain this website’s features and operations and shall not use robot accounts or other technological methods to alter, delete, or destroy this website’s information or equipment, nor shall they adversely influence the operation of this website.
- Members shall not, without the consent of others, alter, delete, or collect personal data of others through a leak in this website’s design, or by bypassing or disrupting this website’s security, etc.
- Members shall not use harmful remarks or behavior towards others.
- Members shall not, without the written consent of this company, engage in promotional activities for themselves or others on this website for the purpose of financial or non-financial benefits.
- Members shall comply with this Service Agreement through the principle of honesty and shall comply with local law. They may not engage in behavior that is detrimental to this company, other people, or third parties.
Special Qualifications for Teacher Members
In addition to meeting the general qualifications for membership, teacher members shall submit the following written information to this company for review:
- Personal curriculum vitae of the teacher member and relevant evidence of included information
- Teaching video of the teacher member
- Various certificates or relevant evidence regarding the language teaching profession of the teacher member
This company shall review any information the teacher member has provided and has the right to judge this teacher on competence. In case of doubt regarding the authenticity of the information or when the information is incomplete, this company may request the teacher member to provide additional information.
Obligations of the Teacher Members
In addition to the common obligations, teacher members shall agree to the following specifications:
- Teachers assure that they shall review the authenticity, accuracy, and legitimacy of the special qualification information provided. If the company suffers damages due to a breach of these obligations, the teacher member shall be held liable.
- During the period a teacher is engaged in a Service Agreement on this website, he/she shall not engage in language instruction of the same language at another language cram school, regular school, teaching website, or other physical or non-physical teaching platforms.
If the abovementioned teacher member’s qualifications can be verified, this company still reserves the right to remove the teacher’s curriculum from the platform and cancel the teacher’s membership qualifications at any time. However, teachers are still entitled to the course fee that has already been paid for the completion of any lesson agreements prior to being removed from the platform. For courses that have not yet been finished, the company and student members will start a negotiation process for another course which will be considered a priority case to assist in finding a replacement teacher member providing similar courses.
Collection Process of Service Charge and Course Fee
The method of fee collection for teacher members is stipulated on the payment page and is based on different course session category prices and course programs while also including trial courses.
Teacher members agree to authorize this company to receive student payment of the course fee and, after deducting the service charge, transfer money to the account designated by the teacher member on the 15th of every month. The standard service charge is 15% of the total course fee.
If due to operational necessity, this company needs to change course programs and prices on the payment page as well as the standard service charge, it will not affect lesson agreements that have already been established prior to this notification.
Effects of Breach of Obligations
For members who breach the rules or the basic terms, unless otherwise specified, this company may, depending on specific circumstances, first advance a warning and a deadline for correction or without warning terminate the Service Agreement.
The specifications of the effects of such a termination of the Service Agreement are stipulated in “Termination of the Service Agreement.”
Refund of Dispute Resolution Procedures
Principles of Dispute Settlements
This company provides teacher-student matching services in order for student members and teacher members to reach a lesson agreement. Given the nature of this intermediary position, this company, in principle, does not involve itself with all the disputes between student members and teacher members that result from their lesson agreements. But at the time of a consensual termination of the lesson agreement, if the course fee has not been paid to the teacher members, this company is obliged to assist the teacher members in receiving a refund. The total refund sum is the number of course sessions not yet fulfilled times the rate of each individual course minus the service charge and exchange differences of the original total calculated course fee of the lesson agreement.
The Proposed Conflict Settlement
If there is refund dispute resulting from any lesson agreement, with the exception of written requests by student members or teacher members, it will be dealt with according to company conflict resolution procedures. Requests need to be advanced within 15 days after the dispute occurred. Non-compliant requests or requests that are not within the said deadline may be refused by this company.
After this company receives a request by one of the parties, it shall notify the other party of the teaching agreement as soon as possible.
Deliberation on the Dispute Settlement
Evidence for factual judgement of the dispute settlement needs to be provided by both parties on their own accord. Deliberation on the dispute settlement, in principle, will be in writing. This company may, depending on specific circumstances, invite both parties of the lesson agreement to make statements at a specified location.
Dispute Settlement Process
After this company has made a comprehensive study of all the evidence, it must decide whether or not the lesson agreement shall continue to be in effect. If one party has just reason to terminate the lesson agreement, this company shall, depending on specific circumstances, change relevant information on this website or refund student members who have already paid. If the facts are not clear, and there is absence of grounds of justification, this company may, depending on specific circumstances, proceed with student member refunds and separately negotiate a method of compensation with the teacher members.
The abovementioned extent of refunding and its processing method apply mutatis mutandis to this section’s “Principles of Dispute Settlements.”