Payment and Refund Terms

 

PLEASE READ THIS PAYMENT AND REFUND TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE FACILITIES OFFERED BY DASATOO, INC. 19C TROLLEY SQUARE WILMINGTON, DE 19806 DELAWARE, USA (“DASATOO”, “WE,” “OUR,” OR “US”).  THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF PAYMENT AND REFUND SERVICES (COLLECTIVELY “SERVICES”) OFFERED BY “DASATOO”. BY REGISTERING FOR AN ACCOUNT, CREATING OR ENROLLING IN THE COURSES OR CARRYING OUT ANY ACTIVITY IN CONJUNCTION WITH THE SERVICES DESCRIBED HEREIN “USERS”, (“YOU”, “YOUR”) AGREE TO BE BOUND BY THIS AGREEMENT.

 

Acceptance of Terms:

      The Payment and Refund Terms (collectively Terms) are offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on the site by Dasatoo.

 

Modification of Terms:

      Dasatoo reserves the right, at its sole discretion, to modify or replace any of the Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email.  In addition, any disclosure or notice regarding the Service may be provided to you by posting a notice on the Site or by sending you an email. You agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy.  Dasatoo may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.  It is your responsibility to check the Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

1. The price for a course will be decided by tutors before the start of a course.
2. The payment for a course ought to be made before the beginning of the course (PIA).
3. If you take 7 days of trial lessons and decide to continue your participation, the payment ought to be made before the following lesson (PIA).
4. Provided that the payment is made later than the start of the course, you may miss out on some classes.
5. In order for you to receive funds, Stripe (or your platform) makes payouts to Tutor’s bank account.
6. The funds will be frozen on the tutor’s Stripe account for 10 days and cannot be used or managed by them.
7. Once the funds are set on Tutor’s Stripe account, they will receive a notification about it.
8. After 10 days, the funds will be available in the tutor’s bank account.
9. All payments due under this agreement will be paid in U.S. Dollars. Conversion of foreign currency to U.S. Dollars will be made at the conversion rate existing in the United States by Stripe.  Please go through the link to learn more about Stripe’s currency and its conversion,
10. Parties are responsible for paying all fees and applicable taxes associated with services and transactions.

      Payment processing services for Tutors and Students will be provided through the third-party payment processor of DASATOO’s choice. DASATOO has selected Stripe as its payment processor. Stripe is Inc., organized under the laws of California, which is a technical services provider and may offer services as an agent of one or more financial institutions in the United States. We use a Custom Stripe account, which means we (DASATOO) are responsible for all interactions with our users.

      Dasatoo collects, analyzes, and transmits information about you and your transactions, including in connection with payments between Students and Tutors. You authorize Dasatoo to provide this information to Stripe in order for Stripe to facilitate payments from Students to Tutors through the Stripe services. Dasatoo does not hold, own or control funds in connection with the Services, nor does Dasatoo transmit money or monetary value. In connection with the Services, Dasatoo does not actually or constructively receive, take possession of or hold any money or monetary value for transmission, and does not advertise, solicit or hold itself out as receiving money for transmission.

      You must go over and accept the Stripe Connected Account Agreement, which includes the Stripe Terms of Service) (collectively, the "Stripe Services Agreement"). By agreeing to this Agreement, You agree to be bound by the Stripe Services Agreement, as the same may be adjusted by Stripe from time to time. As a requirement of DASATOO enabling payment processing services through Stripe, You agree to provide DASATOO with accurate and complete identifying information and authorize DASATOO to disclose such identifying information and transaction information related to the use of the payment processing services offered by Stripe.

      Dasatoo supports most domestic and international credit, debit, prepaid, or gift cards with a Visa, MasterCard, American Express, or Discover logo. We may add or remove support for certain payment cards at any time without prior notice.

      Your privacy and the protection of your data are very important to us. During the Payment Process, we collect specific credit/debit cards and bank account data to fulfill the transactions between Students and Tutors. The information is encrypted, which ensures the security and invisibility of your card sensitive data. The accuracy and completeness of your data are checked by us and our partners. Any additional information that will let us be sure the customer is real and prevent money laundering, terrorism financing, and other illegal corruption schemes may be required by us or our partners at any time.  The Tutors, who created paid courses to earn money, should also provide us a photo of their Social Security Number (SSN), ID number, and bank account that are checked and verified by us and Stripe. The data is sent to the Stripe payment system to fulfill the process. In order for Tutors to receive funds, Stripe makes payouts through the Tutors’ bank accounts.  The type of bank account information required depends on where your bank account is located. Tutors are able to receive funds only from limited countries decided by Stripe. To determine those countries and find out what information is required, it is highly recommended to visit the link and read the overview of Stripe’s payout.

      You acknowledge that you have received, read in full, and agree with the Terms of Dasatoo and Stripe’s Privacy Policy. Dasatoo’s Privacy Policy and Stripe’s Privacy Policy contain important information about the collection, use, retention, and disclosure of personal information, as well as other important matters, and explains how and for what purposes we and Stripe collect, use, retain, disclose and safeguard the information you provide to us. You agree that Dasatoo’s Privacy Policy and Stripe’s Privacy Policy may be modified at Dasatoo’s or Stripe’s option, if necessary, and you will check each Privacy Policy on a regular basis. You also acknowledge that Stripe is required to report your personal and billing data to Wells Fargo and BBVA, which are Payment method acquirers for  Visa, Mastercard, and Discover products, to provide payment processing services, comply with legal and regulatory obligations.

      We will at all times comply with the provisions of applicable data protection law, including the EU General Data Protection Regulation (“GDPR”), as applicable. If we process any of your personal data when performing our obligations under this agreement, we will do so as a “data controller”, as defined by the GDPR. When we process any Cardholder Data on your behalf, we and you both agree that it is our intention that we will be the “data processor” and Stripe will be “the third party” in relation to that data, as those terms are defined in the GDPR. We shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by you to us from time to time.

      We will notify you (within a reasonable time frame) if we receive a request from a person to have access to, or to erase that person’s personal data, a complaint or request relating to your obligations under applicable data protection legislation, or any other communication relating directly to the processing of any personal data in connection with this agreement. You acknowledge that such requests may be subject to independent legal retention or confidentiality requirements, as permitted by the GDPR.

      We will provide you with reasonable co-operation and assistance in relation to any complaint or request made in respect of any personal data processed by us on your behalf, including by providing you with details of the complaint or request, helping you to comply with any data subject access requests (within the relevant timescales set out in applicable data protection legislation), and providing you with any personal data we hold in relation to a person making a complaint or request (again, within a reasonable timescale).

      Where a data subject is located in the European Economic Area, that data subject’s personal data will be processed by Dasatoo Incorporation, in accordance with our Privacy Policy. As part of providing the Services, this personal data may be transferred to other regions, including Canada and the United States. Additionally, in order to process, use, record, and disclose your personal information, information related to your business, and Data, we or our agents may transfer such information to and receive it from the Stripes, it is Financial Services Provider or their respective agents and, in so doing, we may transmit or possess it outside of your jurisdiction.

      Additionally, in order to provide the Services, we use a variety of the third-party “sub-processors” that fall into many broad categories—for example, we use sub-processors to help us: (i) protect you and Dasatoo from potentially risky transactions, security threats, or fraud; (ii) perform administrative tasks; (iii) deliver portions of the payments Services (e.g., the third party that works with us to actually process credit card payments); (iv) develop and improve our products and the Services; (v) generate analytics or other information relating to the Services; and, (vi) build our technical infrastructure (e.g., using cloud storage providers or information security vendors). By using the Services, you consent to our use of sub-processors, which is described in more detail in our Privacy Policy.

      We entitle Tutors to decide the refund on their own. Courses cannot be created unless one of those refund options is selected. Students, as well, should read and agree with the refund option before enrolling in the course. Tutors ought to choose one of the following refund options, in particular, they may;

1. Set 7-day trial lessons and get paid after that period is over by giving no refund.
2. Get paid before the course starts by giving the possibility for students to cancel the course enrollment and receive a refund within 7 days, or
3. Get paid at the beginning of the course by giving no refund.

      Students will receive a full refund. No fees will be charged for refund except transaction fees. If the course is with a refund option, the request for that should be made within 7 days. After this period, these refunds can be made at the tutor's discretion, but there is no obligation on the tutor to do so.

      Dasatoo is not responsible for any kind of fee charged by payment systems and will not cover it when initiating a refund. In case you forgot to claim your refund during the stated period, you can still use these funds and buy the appropriate amount of hours with any other tutor.

      If there are extenuating circumstances meaning a lesson is missed or needs to be canceled at short notice, these refunds can be made at the tutor's discretion, but there is no obligation on the tutor to do so.

 

      Students do not have an option to request a refund and Tutors are not obliged to provide you refund as regards the following:

1. Service contracts after service have been fully performed if the performance began with the student’s prior express consent, and with the acknowledgment that he will lose his right of withdrawal once the contract has been fully performed by the tutor(e.g. if a course consists of one or a few lessons that are the whole performance of it).
2. The supply of digital content which is the part of the course, if the performance has begun with the Student’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.. (e.g Video/audio or course materials).
3. The 7-day period has been expired.
4. The tutor created a class without a refund option.
5. Any reasonable suspicious by Dasatoo that you abuse your right to refund.

      In case you chose a refund option, its speed and availability of refunded funds on your bank account will depend solely on the terms and policies of your bank regarding the speed of transactions. Your refund may be issued only once. If you buy another lesson(s) at a later time, it will not be subject to the same refund request. No refund will be issued in case the user has lost and/or forgot his/her login credentials (username and passwords), which has resulted in the loss of data, temporary loss of access to the user's account, or any other inconveniences for the user. No refund will be issued in case the user has lost connection due to the absence of Internet access, factory reset, or updates.

      At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms or our Terms and conditions you will not be eligible to receive any credit or refund.

      The refund decision shall be made up to 30 calendar days.

 

      A “Chargeback” is a request that a purchaser files directly with his or her card company or card issuing bank to invalidate a processed payment.

      In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by us) in connection with your purchase of any lesson(s), you agree that we may suspend access to any and all accounts you have with us.

      Dasatoo is not liable for the chargebacks, raised because of parties’ failure to perform their obligations. (e.g. sub-par services, failure of contract performance, etc.). Tutors must give a description of the course so that students will be able to have a reasonable notion of that. Students, on their turn, must read the description given by a tutor, before enrolling in a course.

      You agree to follow merchant rules published by the card brands, like Visa, MasterCard, and American Express.

      By using the Payment Services, you agree to comply with all applicable bylaws, rules, and regulations set forth by the Networks (“Network Rules”). Networks amend their rules and regulations from time to time. Dasatoo may be required to change these terms in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at https://visa.com, https://www.mastercard.com, and https://www.americanexpress.com/merchantopguide. In the event of inconsistency between a Network Rule and these Payment Terms, and except as otherwise agreed between Dasatoo and the Network, the Network Rule shall apply. You also agree to be bound by any applicable NACHA Rules.

      If Dasatoo determines that you have received funds resulting from fraud or any prohibited activity (including, without limitation, any activities that violate any provision of this Agreement), those funds may be frozen, returned to the Student, or seized. In addition, if we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you hereby authorize Dasatoo to share information about you, your Account, your access to the Services, and any of your transactions with law enforcement or other governmental or regulatory entities.

      We reserve the right to not provide the Services in respect of any transaction you submit that we believe, in our sole discretion, is in violation of this agreement, any other Dasatoo or Processor agreement, or exposes you, Dasatoo, the Processor, or any other third party to actual or potential risk or harm, including, but not limited to, fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your transactions, or your Dasatoo account.

      Each party represents and warrants that:

1. They have the right, power, and ability to enter into the relationship and perform for the obligations raised from this agreement;
2. The name identified by them when they make a payment or receive a payout is their name under which they perform their rights;
3. They are fully entitled to use the credit/debit card to make a payment or bank account to receive a payout;
4. Any services transaction submitted by them will represent bona fide services by them;
5. They and all transactions initiated by them will comply with all federal, state, and local laws, rules, and regulations applicable to their business, including any applicable tax laws and regulations;
6. They will not use the payment or refund services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of those services;
7. Their use of the Service will be in compliance with this agreement;
8. As of the effective date, no claims, actions, or proceedings are pending or, to the knowledge of the party, threatened against or affecting the party that may, if adversely determined, reasonably be expected to have a material adverse effect on the party’s ability to perform its obligations under this agreement.

      We may terminate your account:

1. If we have a reasonable suspicion, that your usage of services is unauthorized, illegal, or fraudulent;
2. If you breach any  terms of this or other agreements posted at Dasatoo;
3. If you provided fake data for the payment process;
4. For any reasonable reason, at our sole discretion.

      Dasatoo is not a bank or any type of financial institution, we do not provide any financial services or advice. Any payments made via our platform are made solely for the purpose of the consumption and delivery of educational services between Students and Tutors. Such payments may not be made and used for any fraudulent, criminal, or illegal activity as defined by the law. The exchange rates provided on our Website do not always reflect the real market situation for a specified date. Such exchange rates are provided for comparative and informational purposes only in order to help you get the best possible Services on our Website. In order to get the real exchange rates on a specific date, please, advise your bank or any other official financial institution.