Terms of Service
Last Updated: August 2020
The Maze Academy Limited (“The Maze Academy”, “we”, “us” or “our”) provides our services to you through our website located at mazeacademy.com (the “Site”) and related services (collectively, such services and the Site, including any new features and applications, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration and, further, that (1) you will only be permitted to pursue claims against The Maze Academy on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
When using certain aspects of the Services or using certain Services, you will be subject to any additional Terms applicable to such services that may be posted on the Site from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
The Services consist of an online marketplace and platform through which Leaders and Tutors may offer Classes and Courses for sale to Parents and Learners, and Parents and Learners may purchase such Classes and Courses for the benefit of themselves or their children to support their distant learning. While The Maze Academy strives to provide the highest standard of service, you acknowledge and agree that: (1) The Maze Academy is not a party to any agreements entered into between Leaders and Tutors and Parents and Learners booked through the Platform for distance learning, (2) The Maze Academy only provides certain tools to facilitate the purchase, sale and provision of Classes, (3) Parents and Learners contract for Classes and Courses directly with Leaders and Tutors , (4) The Maze Academy is not a broker, agent (except as expressly set forth below) or insurer, and (5) The Maze Academy disclaims all liability for the conduct of Leaders, Tutors, Parents and Learners, or any other Users of the Site or Classes purchased through the Platform. Different sections of the Site and Terms of Service affect Leaders and Tutors and Parents and Learners differently, so please be sure to read these Terms of Service carefully.
Key Terms
“User” “you” or “your” means a person, organisation or entity using the Services, including Parents, Learners, Leaders and Tutors and My Shop Retailers.
“Parent(s) and Learner(s)” means an individual, parent or legal guardian who completes The Maze Academy account registration process to purchase Classes and Courses on the Site for the purpose of enrolling their child or themselves to a Class or Course.
“Leader(s) and Tutor(s)” means a person who completes The Maze Academy account registration process to sell Classes and Courses on the Site.
“Class(es)” means any online class(es) submitted by a Leader or Tutor for sale on the Platform.
“My Shop Services” means the dedicated retail page on The Maze Academy platform for the sale of products and merchandise relating to the Leaders, Tutors and My Shop Retailers on the platform.
“My Shop Retailer” means the User(s) and Content Provider(s) that offer their Products and merchandise for sale on the dedicated My Shop page on The Maze Academy platform.
“Product(s)” means any product or merchandise offered by Users of the platform or by The Maze Academy as a Maze Academy Exclusive Product for Users of the platform to purchase through the platform.
“Third Party Product(s)” means any third party owned Products uploaded and marketed for sale as part of the My Shop Services on the The Maze Academy platform by an approved third party or any Users and Content Providers.
“The Maze Academy Exclusive Product(s)” is any Maze Academy product or Maze Academy branded merchandise that is exclusively provided by The Maze Academy and for sale on the dedicated My Shop Service on the The Maze Academy platform.
“Therapy Led Program” means the program provided by Dr. Elijah at the Elijah Centre called PROSCIG, an intervention program dealing with social perception, self regulation and social problem-solving.
“Individualised Curriculum Support” means the creation and provision of a flexible module- based learning program incorporating core subjects from the National Curriculum plus additional subjects added to reflect each child’s individual needs and interests.
“Maze Academy Teacher” means the individual teachers hired by The Maze Academy to be Teachers to children who are enrolled in the Education Support Program and to support teaching Academics as part of the Individualised Curriculum Support Program.
Access and Use of the ONLINE Service Services Description: The Maze Academy service is an online marketplace developed to support The Maze Academy’s home learning support program and general interest classes and MasterClasses for all ages that include but are not limited to: Primary to Senior School (ages 5 – 16) classes that follow the National Curriculum; general interest classes; and MasterClasses, designed for Parents and Learners to find and book Classes for the benefit of their child or children and themselves and for Leaders and Tutors to market, sell and conduct their Classes. As the provider of an online marketplace, The Maze Academy does not own, create, sell, resell, control, or manage the Classes offered. As a marketplace, The Maze Academy platform may also offer a ‘My Shop’ service offering Users of the platform the opportunity to purchase products relating to the Users and Content Providers made available on The dedicated ‘my shop’ page on the Maze Academy platform. The Maze Academy’s responsibilities are limited to: (i) providing the Site as an online marketplace and platform to facilitate the sale, purchase, and conduct of Classes and products, and (ii) serving as the limited agent of each Leader, Tutor and ‘MyShop’ retailer for the purpose of accepting payments from a Parent, Learner and user on behalf of the Leader, Tutor and My Shop retailer. There are risks that you assume when dealing with other Users (including those who may be acting under false pretences).The Maze Academy uses reasonable endeavours to provide a safe environment for its Users USING THE PLATFORM. you agree that all of these risks are ultimately borne by you, and not The Maze Academy. The Maze Academy does not control the behaviour of Users or the quality of the ONLINE Classes or products made available on the platform. As a result, The Maze Academy cannot guarantee the authenticity, quality, safety, legality or appropriateness of the products and ONLINE LEARNING CLASSES PURCHASED ON THE PLATFORM.
Your Registration Obligations: You will be required to register with The Maze Academy in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be of legal age to form a binding contract to register for the Service. If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms of Service and agree to them for you before you use the Service. If you are a Parent and you provide your consent to your child’s use of the Service, then you agree to be bound by these Terms of Service with respect to your child’s use of the Service.
My Shop Account: In order to access the My Shop Services on the The Maze Academy platform, you must be 18 years of age or older. Minors under 18 and at least 13 years of age are only permitted to use our My Shop Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years of age are not permitted to use the My Shop Services on The Maze Academy platform. You are responsible for any and all account activity conducted by a minor on your account.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify The Maze Academy of any unauthorised use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session when accessing the Service. The Maze Academy will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: The Maze Academy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Maze Academy will not be liable to you or to any third party for any modification, `suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that The Maze Academy may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on The Maze Academy’s servers on your behalf. You agree that The Maze Academy has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that The Maze Academy reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that The Maze Academy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Class Recordings: Classes that take place through The Maze Academy video chat platform may be recorded by The Maze Academy (“Class Recordings”). We value Learner, Leader and Tutor and privacy, and our use of Class Recordings is extremely limited. Specifically, Class Recordings are made available only to the Leader or Tutor providing the online Class in question and no one else, in order to allow them to (1) provide a viewable copy to students who missed the Class, or who wish to review the Class, for their personal educational purposes; and (2) review the Class Recording personally in order to improve their Classes. In addition, The Maze Academy may use Class Recordings to provide and improve our Services, for customer support, and for compliance purposes. The Maze Academy retains Class Recordings for up to two years after the date of the applicable Class, subject to our Privacy Policy, after which they are deleted. Notwithstanding the foregoing, The Maze Academy will also delete Class Recordings earlier than two years under the following circumstances: (a) upon the request of a Parent for the deletion of their child’s personally identifiable information or (b) upon the reasonable determination of The Maze Academy that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Class Recordings containing images of you (or your children) for any other purposes without your express written consent. By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.
Certain Leader, TUTOR and My Shop retailer Obligations
As a Leader and Tutor and My Shop Retailer on the platform, you must provide The Maze Academy with any information requested in order for The Maze Academy to add you or your online Class or Product to the platform. You must provide all relevant information to effectively describe the Class and Product and you will include at minimum for the relevant Class and Product the topic, product name, content description and overview, product description and overview and cost of the Class and Product. The Maze Academy reserves the right to remove or reject any Leaders, Tutors, My Shop Retailers, Classes or Products from the platform at its sole discretion. Additionally, The Maze Academy has discretion to edit Class descriptions and Product descriptions as needed to conform them to our platform standards without compromising the integrity of the Class or the Product. The Maze Academy has sole discretion as to which Leaders, Tutors, My Shop Retailers, Classes and Products are accepted onto the platform and we reserve the right to reject any potential Leader, Tutor, My Shop Retailer, Class or Product and remove or suspend any Leader, Tutor and My Shop Retailer from the platform for any reason. For Leaders applying to join The Maze Academy platform, The Maze Academy may conduct background checks on and interviews of Leaders, Tutors and My Shop Retailers in its discretion and solely for its own benefit. For Teachers supporting The Maze Academy Therapy Led program and Individualised Curriculum Support Service, collectively “the Education Programs”, background checks and interviews are mandatory before any teacher is considered and accepted to be a Maze Academy Teacher. As a Leader, Tutor or Maze Academy Teacher, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.
Each Leader, Tutor, Maze Academy Teacher and My Shop Retailer is solely responsible for obtaining all licenses and other permissions required to offer, provide or lead any Classes and Products. The Maze Academy assumes no responsibility for the failure of any Leader, Tutor or My Shop Retailer to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.
The Maze Academy properly vets every Maze Academy Teacher candidate and follows all appropriate procedures and due diligence processes to check references, do background checks, including but not limited to DBS checks, and ensure that all qualifications are verified before employing any candidate to be a Maze Academy Teacher. As a Maze Academy Teacher support the Education Programs, you will promote best practices and ensure that the education and wellbeing of each child is the priority. You will ensure high quality learning experiences and with support from Dr. Elijah and The Elijah Centre, support every child’s social emotional development, leading to a consistently high level of pupil achievement and attitude.
If a Parent, Learner or User purchases any of your online Classes or Products on the platform, any agreement you enter into with such Parent or Learner or User is between you and the Parent or Learner or User, and The Maze Academy is not a party thereto. The Maze Academy is not an insurer, agent or employer for you as a Leader, Tutor and My Shop Retailer, however The Maze Academy is authorised to serve as your limited agent purely for the purpose of accepting payments from Parents and Learners and Users on your behalf and transmitting such payments to you minus all applicable Maze Academy Fees. You acknowledge and agree that, as a Leader, Tutor and My Shop Retailer you are responsible for your own acts and omissions while using the Services.
If a Parent or care giver registers a child and that child is accepted into one or both of The Maze Academy Education Programs then the agreement will be between The Maze Academy and the Parent.
In relation to Class Recordings, and with the sole exception of students enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by The Maze Academy to any third parties.
As a Maze Academy Teacher, Leader, Tutor and My Shop Retailer, you agree to abide by the terms outlined in our Terms of Use.
Payment Terms
General: Each Parent, Learner and User agrees to pay all applicable fees for Classes (“Enrolment Fees”), Products (“Product Fees”) and Administration Fees (“Administration Fees”) as set forth on the Site. All Enrolment Fees, Product Fees and Administration Fees are payable in the currency specified on the Site at the time of purchase. You shall be responsible for all taxes associated with the Services. Parents, Learners and Users hereby authorise The Maze Academy to bill their respective payment instruments upon confirmation of a purchase, and Parent and Learner further agree to pay any charges so incurred. If any Parent, Learner and/or User disputes any charges you must let The Maze Academy know within sixty (60) days after the date that The Maze Academy charges you.
Platform Booking Administration Fees:
1. The Leader Administration Fee is 15% (depending on when you joined as early adaptors received a special promotional discount for our launch) of the total cost of any Class or MasterClass or groups of Classes or MasterCLasses (collectively “Classes”) purchased through the platform (“Leader Administration Fee”).
2. The Learner Platform Administration Fee is 15% of the cost of the Class or MasterClass groups of Classes or MasterClasses (collectively “Classes”) purchased through the platform ( “Learner Platform Administration Fee:).
3. The Learner Managed Service Offering Fee is 10% of the cost of the Class or MasterClass or groups of Classes or MasterClasses (collectively “Classes”) that are booked directly through The Maze Academy and 15% of the cost of Classes booked and managed by The Maze Academy as fully managed service offering ( “Learner Managed Service Offering Fee”).
Individualised Curriculum Support Program and Services Payment Policy
Registration Fee:
- A one off Registration fee of £100 must be paid at the time of registration.
Education Programs Procedures:
For The Maze Academy Education Programs, invoices are produced termly no less than 2 weeks prior to the beginning of every agreed academic term, also referred to as “the agreed start date of the Education Programs”.
Fees are payable in advance and must be paid in full by the start of the first academic term.
All fees must be paid 14 days of receiving an accurate invoice. If Fees are not received within 14 days after the receipt of an accurate invoice, a reminder will be sent. If Fees are not received within 14 days after the reminder, access to the respective Education Programs will not be permitted.
The responsibilities of parents are:
· to read and fully understand this policy.
· to pay the bills promptly and in full as described on the invoice.
Platform Fees
Online Leader and Tutoring and My Shop Retailer Payment: The Maze Academy will transfer the Enrolment Fees and Product Fees, less The Maze Academy’s applicable service fee (“The Maze Academy Fee”), to Leader’s and Tutor’s and My Shop Retailer’s PayPal account for each sale of a Class or Product (or set of Classes and Products, as applicable) within a reasonable period of time. Please refer to the Leader Guide and My Shop Guide for details of The Maze Academy’s relevant policies. In order to transfer funds to a Leader’s, Tutor’s or My Shop Retailer’s PayPal account, each Leader, Tutor and My Shop Retailer shall sign up for a PayPal account. The Maze Academy has discretion to act on behalf of the Parent and Learner, and to not transfer the Enrolment Fees to a Leader and Tutor, if Parent and Learner reports that the Classes were not provided or adequately completed. This may include but is not limited to circumstances where a Leader and Tutor did not arrive for a Class or where a Class was not of sufficient quality.
The Maze Academy has discretion to act on behalf of the Parent, Learner and User and to not transfer the Product Fees if Parent, Learner and User reports that there is an issue with the Product(s). This may include but is not limited to circumstances where a Product was out of stock, was not shipped or the product was damaged.
The Maze Academy will independently review such cases, seeking input from the Parent and Learner and/or the Leader, Tutor or My Shop Retailer and may decide at its sole discretion to issue a refund to the Parent and Learner. All determinations of The Maze Academy with respect to a refund shall be final and binding on the Parent, Learner, Leader, Tutor and My Shop Retailer.
Limited Payment Collections Agent: Each Leader, Tutor and My Shop Retailer appoints The Maze Academy as its limited payment collection agent solely for the purpose of accepting the Enrolment Fees and My Shop Fees from a Parent, Learner and User. Each User agrees that payment of Enrolment Fees and My Shop Fees by a Parent, Learner and User to The Maze Academy, as that Leader’s, Tutor’s and My Shop Retailer’s limited payment collection agent, shall be considered the same as a payment made directly by such Parent and Learner to the relevant Leader, Tutor and My Shop Retailer and the Leader, Tutor and My Shop Retailer will provide the relevant Classes and Products to the Parent and Learner, as outlined on the Site, as if the Leader, Tutor and My Shop Retailer had received payment directly. The Maze Academy, as limited payment collection agent for the Leader, Tutor and My Shop Retailer, agrees to facilitate the payment of any Enrolment Fees and My Shop Fees (less The Maze Academy Fee) for Classes and Products pursuant to these Terms of Service unless otherwise agreed between The Maze Academy and the Leader, Tutor and My Shop Retailer. In the event that The Maze Academy does not remit such amounts, the Leader, Tutor and My Shop Retailer will have recourse only against The Maze Academy.
Conditions of Use User Conduct: As a Maze Academy Leader, Tutor and/or My Shop Retailer, you are solely responsible for all code, video, images, logos, data, information, software, text, sound, music, photographs, messages, graphics, products or any other materials (“content”) that you upload, publish, post or display (“upload”) or email or otherwise use via the online Service.
Outlined hereunder are examples of the form of usage and type of content that is prohibited and illegal and is considered unacceptable by The Maze Academy. The Maze Academy reserves the right to investigate and take appropriate legal action against anyone who, in The Maze Academy’s sole discretion, violates this provision. You agree to the outlined conditions which includes the examples set out below of the type of content or usage practices that The Maze Academy considers prohibited and illegal, including but not limited to;
- email or otherwise upload or represent any content or products that: (i) you do not have a right to upload or represent under any law or under any fiduciary or contractual relationships; (ii) infringes any intellectual property or other proprietary rights of any party; (iii) creates or poses a security or invasion of privacy risk to any person; (iv) contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of The Maze Academy, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose The Maze Academy or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- solicit personal information from anyone in violation of our Terms of Use, Privacy Policy and data protection laws;
- violate any applicable local, national or international law, or any regulations having the force of law;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Any violation of this provision may include but not be limited to, suspending or terminating the account of such violators, removing the offending content from the Service and reporting you to the authorities. Any appeals should be directed to office@mazeacademy.com.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United Kingdom (UK) export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of UK export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorised herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content, Products or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by The Maze Academy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content. You also acknowledge that The Maze Academy Exclusive Products are the sole property of The Maze Academy. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by The Maze Academy from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith (the “Software”) are the property of The Maze Academy, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by The Maze Academy.
The Maze Academy name and logos are trademarks and service marks of The Maze Academy (collectively the “The Maze Academy Trademarks”). Other than The Maze Academy Trademarks, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to The Maze Academy. Nothing in this Terms of Service or the Service should be construed as granting, by implication, or otherwise, any license or right to use any of The Maze Academy Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of The Maze Academy Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will The Maze Academy be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that The Maze Academy may, but is not required to, pre-screen content and review Products, and The Maze Academy and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content or Product that is available via the Service. Without limiting the foregoing, The Maze Academy and its designees will have the right to remove any content or Product that violates these Terms of Service or is deemed by The Maze Academy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content or Product, including any reliance on the accuracy, completeness, or usefulness of such content or Product.
User Content Transmitted and Sold Through the Service: With respect to the content or other materials you upload or sell through the Service or share with other users or recipients belongs to the user posting the content (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity and distribution rights contained therein. You shall retain any intellectual property rights that you hold in your User Content, and The Maze Academy does not claim any ownership (copyright, trademark, or otherwise) over your User Content or Third Party Products. The Maze Academy does not make any claim to User Content or Third Party Products which includes anything a User posts or sells using The Maze Academy Services such as (but not limited to) brand names included as part of the Services on the platform, logos, profile pictures, photos, Products, Product and Class descriptions, reviews, comments, videos, usernames and any User products. The rights holder of the User Content (“User”) is solely responsible for the User Content and the User is solely responsible for the User Content and the User represents that you have all necessary rights to the User Content and you are not infringing or violating any other third party’s rights by posting the User Content on the platform. By submitting, posting, selling or otherwise uploading User Content on or through the Services you give The Maze Academy a worldwide, non-exclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:
- with respect to User Content that you submit, post or otherwise make publicly or generally available via the Service (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and
- with respect to User Content that you submit, post or otherwise transmit privately via the Services (e.g. via private lessons or messages with other Users and sell to other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling The Maze Academy to provide you with the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to The Maze Academy are non-confidential and The Maze Academy will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that The Maze Academy may preserve content and Products and may also disclose content and Products if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of The Maze Academy, its officers and employees, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: The Maze Academy respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify The Maze Academy of your infringement claim in accordance with the procedure set forth below.
The Maze Academy will process and investigate notices of alleged infringement and will take appropriate actions under the Copyright, Designs and Patents Act (“CDPA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to The Maze Academy at office@mazeacademy.com (Subject line: “Takedown Request”). You may also contact us by mail at: The Maze Academy 178 Walm Lane, London, NW23AX. To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you submit to the exclusive jurisdiction of the English courts to settle any dispute and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, The Maze Academy will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in up to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with applicable law, The Maze Academy has adopted a policy of terminating, in appropriate circumstances and at The Maze Academy’s sole discretion, users who are deemed to be repeat infringers. The Maze Academy may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Maze Academy has no control over such sites and resources and The Maze Academy is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that The Maze Academy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that The Maze Academy is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold The Maze Academy and its affiliates and their officers, employees, directors and agents (collectively, “Indemnities”) harmless from any from any and all losses, damages, expenses, including attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MAZE ACADEMY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MAZE ACADEMY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY THE MAZE ACADEMY ON LEADERS, TUTORS AND MY SHOP RETAILERS ARE SOLELY FOR ITS OWN BENEFIT. THE MAZE ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MAZE ACADEMY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MAZE ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE MAZE ACADEMY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE MAZE ACADEMY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED POUNDS (£100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration:
Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and The Maze Academy, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and The Maze Academy are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.
Prohibition of Class and Representative Actions and Non-Individualised Relief: YOU AND THE MAZE ACADEMY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE MAZE ACADEMY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Pre-Arbitration Dispute Resolution: The Maze Academy is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at office@mazeacademy.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to The Maze Academy should be sent to The Maze Academy Limited, 178 Walm Lane, London, NW23AX (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If The Maze Academy and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or The Maze Academy may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by The Maze Academy or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or The Maze Academy is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the ACAS (“acas.org.uk”) rules and procedures. For information on the ACAS, please visit its website, https://acas.org.uk. If there is any inconsistency between any term of the ACAS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the ACAS Rules, unless otherwise provided in this Arbitration Agreement. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, The Maze Academy will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the ACAS Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualised Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualised Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in this Terms of Service to the contrary, The Maze Academy agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending The Maze Academy written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that The Maze Academy may, in its sole discretion, suspend or terminate your account (or any part thereof) and any access to the Services or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if The Maze Academy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. The Maze Academy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be affected without prior notice, and acknowledge and agree that The Maze Academy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that The Maze Academy will not be liable to you or any third party for any termination of your access to the Service.
In the event that you terminate your account with The Maze Academy for the provision of User Content, at any time, your account will not affect the availability of some of your User Content that you made available and is posted on The Maze Academy platform prior to termination. You will still be required to fulfil any and all commercial requirements including but not limited to paying any outstanding invoices or revenue owed to The Maze Academy or any relevant third party associated with the Services.
If either Party terminates your account, you may lose any information associated with your account, including User Content. The Maze Academy reserves the right to change, suspend, or discontinue any of the Services at anytime, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and The Maze Academy will have no liability or responsibility with respect thereto.
The Maze Academy reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.
General
These Terms of Service constitute the entire agreement between you and The Maze Academy and govern your use of the Service, superseding any prior agreements between you and The Maze Academy with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. These Terms of Service will be governed by the laws of the England. With respect to any disputes or claims not subject to arbitration, as set forth above, you and The Maze Academy agree to submit to the exclusive jurisdiction of the courts of England. The failure of The Maze Academy to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of The Maze Academy, but The Maze Academy may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Your Privacy
At The Maze Academy, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Questions – Feedback
Please contact us at office@mazeacademy.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.