Terms of Use

Updated date: Dec. 8, 2019

This website, including its sub-sites and webpages (the "Website") is operated by Think Academy International Education, Inc., a California corporation. (hereinafter the "Company"). Access or use of this website by any user, including purchase or receipt of services and access our on-line programs (collectively, the "Services") made available through the Website and/or the apps, whether for the user or for anyone else, is conditioned on such user’s acceptance of the terms and conditions set forth herein (the "Terms of Use").

BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SERVICES.

The terms "We", "Our", "Us", "Company" and "Think Academy" refer exclusively to Think Academy International Education, Inc., a California corporation, and its subsidiaries and affiliates. The terms "You" and "Your" refer exclusively to You, as a user of the Services.

We reserve the right to change Our Terms of Use from time to time by posting the changes here. We will notify You of any changes by posting the new Terms of Use on this page. If We make any changes to these Terms of Use that significantly affect Your rights, We will let You know via email and/or a prominent notice on the Website or through our services, prior to the change becoming effective and update the "effective date" at the top of these Terms of Use. You are advised to review these Terms of Use periodically for any changes. Your use of Our Services after We have made changes to Our Terms of Use will mean that You have accepted those changes.

1. Service and Payment

Students can join our audio-video online sessions at any flexible places through our interactive online platform. Our parent portal, ThinkAcademy, is an integrated platform where you would receive updated news regarding our product, register for courses and manage your child’s student account. Our student portal, ThinkHub, is an interactive streaming service that enables real-time communication between students and teachers.

1.1 Account Registration

To use the Services provided through our parent and student portal, you may need to register and create a ThinkAcademy and/or ThinkHub account. You may need to provide certain personal and other information, including your email address before using the account.

For online courses purchased outside the ThinkAcademy parent portal, we will assign a student ID and a password for the student to attend the class on ThinkHub.

1.2 In-app Purchase and Payment

The payment will be made through our third party partner PayPal. You will be redirected to the PayPal website after submitting your order for payment.

1.3 Withdrawal & Refund Policies

1.3.1 Students may withdraw anytime and get refunded according to this section.

1.3.2 If the student drops the course after first class and parent request refund before second class, a full refund for tuition, after deducting the registration fee, if applicable, will be issued in the form of original payment.

1.3.3 If the student drops the course after the second class, we will deduct from the refund the prorated tuition fee for classes attended, including the trial class, and the Registration Fee, if applicable.

1.3.4 Since there is no trial class for short term courses, activities and evaluation tests, the refund will be prorated and deducting fees for classes taken.

1.3.5 Make sure to apply for the refund before the next scheduled class. Please note, no refund will be credited to passed or commenced classes. If classes started or ended before a refund request submitted, a prorated tuition will be debuted from the refund, regardless of student’s attendance of the class. We will not refund for absence from class due to personal reasons. Courses that concluded are nonrefundable.

1.3.6 Refund shall be processed through the ThinkAcademy app, or at our service center with the receipt and valid ID (passport, permanent resident card, or driver’s license) and the student ID card. A refund will be issued in the original form of payment.

2. Privacy Policy

2.1 General Provision

We commit to protect your personally identifiable information. The collection, use, and disclosure of information about You in connection with Your use of Our services, including those offered through Our Websites and/or our Services (including our online programs) are subject to our Privacy Policy.

Under our Privacy Policy, the information you submit to us may be used by us to contact you, or to advise you of other information regarding the Company. We also may contact you from time-to-time for marketing communications and offer other materials that We believe may be of interest to You, such as to send You newsletters or other direct communications.. You can always opt out of receiving such communications from us. To opt out, please follow the unsubscribe link or instructions provided in any email we send.

2.2 Children’s Privacy Protection

We provide tutoring and other educational programs to children under the age of 13 ("Children", "Child" or "Student"). We comply with the Children's Online Privacy Protection Act ("COPPA"). Following COPPA requirements, we inform you of our practices with regards to our collection, use, or disclosure of personal information from children under the age of 13, and to obtain verifiable parental consent prior to collecting, using, or disclosing any such information. For more information please review our Privacy Policy.

2.3 Changes to the Privacy Policy

We reserve the right to change Our Privacy Policy from time to time by posting the changes here https://www.thethinkacademy.com/privacy-policy/. We will notify You of any changes by posting the new Privacy Policy on that web page. If We make any changes to this Privacy Policy that significantly affect Your rights, We will let You know via email and/or a prominent notice on the Website or through Our Services, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Your use of Our Services after We have made changes to Our Privacy Policy will mean that You have accepted those changes.

3. Copyright

3.1 Copyright Owners

All copyrights to this website and any software or technology underlying the services provided on or through the our websites and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, or other data or copyright materials available on the Website or delivered via the Website (collectively known as the "Content") belong to the Company or other copyright holders (the "Copyright Holders"), and are protected under the copyright laws, treaties and other laws of the relevant country.

3.2 Use of the Content

Except as expressly authorized by us or in these Terms of Use, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit our websites and any Content, in whole or in part.

You may download and print a reasonable number of copies of documentation provided or available in connection with the Content and/or receipt of the services provided through the our websites for noncommercial personal or educational use only, and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize such services for noncommercial personal or educational purposes while this Terms of Use is in full force and effect, provided that:

  1. any permitted copies of documentation provided or available in connection with the Content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof; and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable third parties; AND
  2. you will not modify of any of the Content except as approved by us in advance in writing. 

3.3 Content Generated by Using Our Service

You will be able to submit, upload, create audio, video, picture and other content to the service platform. All user-generated content shall remain the property of the content creator. By submitting, recording, or distributing the user-generated content, you grant us a unlimited, nonexclusive, worldwide, free license to store, transfer and use such content on or through any medium now known or hereafter developed.

4. Links

If you would like to set a link to our website, or to publish our website's URL in any magazine, book or other publication, please inform us in written specifying the URL of the website to be linked in advance. Please be advised that we may decline such request.

Any website linked to, or from, our website ("Linked Site") are operated by their respective operators under their own responsibility. You must comply with the terms of use of the respective Linked Site. We are not responsible for the content of any Linked Site or any use thereof. We provide these links to you only as a convenience, and the inclusion of any such link does not imply endorsement by Company of the site or any association with its operators.

5. Prohibited Acts

In access and use of our Website and the Service (including the on-line programs), You must comply with these Terms of Use and other Company policies, including the Privacy Policy, In addition to the comply with the provisions above, you may not commit any act which:

  • Causes, or may cause, any damage to the Company, its affiliates or any third party;
  • Disturbs, or may disturb, public order;
  • Constitutes or leads to, or may constitute or lead to, any crime;
  • disclose to or request from a tutor any information that could be considered personal information including name, address, telephone number, email address, social security number, password, as well as information that would allow the either you or the tutor to identify or locate the other;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or damages the reputation or credit of the Company, its affiliates, or any third party;
  • Publish, distribute or disseminate any topic, name, material or information that is inappropriate, profane, defamatory, infringing, obscene, disruptive, threatening, abusive, harassing, embarrassing, tortuous, indecent or unlawful
  • Causes, or may cause, any use or provision of computer viruses or other harmful programs;
  • Upload or otherwise distribute files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity), including any patent, trademark, trade secret, copyright, or other proprietary material or information, unless you own or control the rights thereto and/or have received all necessary consents.
  • Advertise, endorse or offer to sell or buy any goods or services for any business purpose, or otherwise transmit promotional materials, "junk mail," "spam," or conduct or forward surveys, contests, chain letters, pyramid schemes, or other forms of advertising or solicitation.
  • Violates, or may violate, any law;
  • Causes, or may cause, any misunderstanding that an individual or entity is associated with the Company or that the Company supports, endorses or recommends a linked site;
  • Provides any frame link or other link in a manner which make it unclear that the linked content is from this website; and which
  • The Company otherwise deems inappropriate and demands the termination of.

6. Termination of Use

We reserve the right in our sole discretion to access, review or record any and all activity on our Website including, without limitation any files, documents, photos, software, or other materials, information or communications transmitted through or stored on the Website. Materials uploaded to the Website or Our Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.

We reserve the right, in our sole discretion, to monitor, restrict, block, discontinue, limit, suspend or terminate your access and use of the Website and the related Services (including our on-line tutoring programs) or any portion thereof at any time, for any reason, without notice. We further reserve the right to edit, remove, delete, or block any and all posts, files, photos, documents, or any other transmission or communication of any kind to and from the Website, as well as any information related to your activities on the Website and your activities related to Our Service.

7. Disclaimers

We do not make any warranty regarding the substance of the information contained in our Website, including its accuracy, usefulness, or authenticity. We do not guarantee that our Service (including our on-line tutoring programs) will be available at any given time.

We are not liable for any damages caused by any use of this Website or any information contained therein.

We may alter any information or Service on our Website or suspend or terminate operation of our Website, without prior notice. We are not liable for any damages caused by any such alterations, suspensions or termination, regardless of the reason thereof.

We make no guarantee as to confidentiality or security of the information you transmit to the Website or provided in connection with our Service. You expressly assume the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption or corruption of data or other information transmitted in connection with your use of the website.

8. Liabilities and Limitations

You acknowledge that any use or disclosure of Company proprietary or confidential information in violation of these Terms of Use will result in irreparable harm to Company and/or its subsidiaries or affiliates, and that Company will have the right to equitable and injunctive relief to cease and prevent such use or disclosure.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, INTENTIONAL OR MALICIOUS ATTEMPTS AT INTRUSION INTO YOUR CONFIDENTIAL AND PERSONAL INFORMATION, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES OR RELATED COMPANY SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

9. Indemnity

You agree to indemnify, defend and hold harmless the Company, and its officers, directors, employees, contractors, agents, other workforce members, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting either from any violation of the Terms of Use. If you cause any technical disruption of our website or any system transmitting or supporting our website to you or others, you shall be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

10. Governing Law and Jurisdiction

The use of our website and the interpretation and application of this Terms of Use shall be governed by the laws of the State of California; All disputes in connection with our website shall be resolved under the exclusive jurisdiction of courts located in California.

11. Dispute Resolution

To resolve any dispute amicably, you agree to first discuss the dispute informally for at least 30 days by sending us Dispute Notice to the address listed in Section 12.

IF THE DISPUTE IS NOT RESOLVED WITHIN 30 DAYS UPON RECEIVING THE DISPUTE NOTICE, PARTIES HEREBY AGREE TO RESOLVE THE DISPUTE THROUGH A BINDING ARBITRATION IN ACCORDANCE WITH THE AAA’S COMMERCIAL ARBITRATION RULES.

The Arbitration will be hard and determined by a single neutral arbitrator who is a lawyer or retired judge, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes.

12. Contact Us

If You have any concerns relating to these Terms of Use, You may correspond with Us at the following address:

E-mail: contact@thethinkacademy.com

Tel: 844-844-6587