PRIVACY
Terms of Use
Last revised on: July 8, 2020
BY ACCESSING OR USING THE MAGAZINE SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE MAGAZINE SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU. Read more in section 23. Dispute Resolution (Arbitration Clause and Class Action Waiver).
In the Highlights section, we provide an overview of the terms and conditions that apply to your access to or use of our U.S. website, mobile application, digital membership product, other digital service, or a print or online magazine subscription (each a “Magazine Service”). Please review the full Terms of Use below for a detailed explanation of applicable terms and conditions. Any reference to the Terms of Use, including its sections, in the Highlights section is intended to refer to the full Terms of Use below.
Each time you access or use the Magazine Services, you agree to be bound by the Terms of Use along with our Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Magazine Services that are owned or operated by Healthovia or its affiliates (“we”, “us”, “our” or “Healthovia”).
Use of the Chinese Made Easy is subject to acceptance of these Terms and Conditions. By accessing Chinese Made Easy, you agree to regularly refer to the latest version of the General Conditions permanently available on the site.
In case of disagreement with these conditions or unacceptable behaviour towards a fellow user, this can include but is not limited to abusing the free lessons with no intention of paying for lessons with a tutor, discrimination or harassment, Chinese Made Easy reserves the right to prohibit or restrict access to the site.
Chinese Made Easy is the reference point for online & home tutoring whose purpose is to connect tutors, coaches, and professionals with students. Chinese Made Easy facilitates learning, sharing knowledge and human connections.
Chinese Made Easy does not intervene in any financial transactions between members. This means that Chinese Made Easy cannot be engaged, directly or indirectly, in the transactions between students and tutors, or held responsible for the financial settlement of private lessons. Chinese Made Easy, in its capacity as an advertiser, cannot guarantee the payment of tuition fees for students or teachers.
Chinese Made Easy makes every effort to control the quality, the accuracy of information contained in advertisements, the veracity of tutor qualifications, contact information and availability, but cannot under any circumstances guarantee it.
Chinese Made Easy members must create a profile to use and contact other members of the community. Users commit to create only one profile on the site. This profile can be modified, administered and deleted from the dashboard made available to users.
The services of the Chinese Made Easy site are exclusively reserved for those over the age of 16, legally able to subscribe to purchase and sale agreements under applicable national law. Use of the service as a student is limited to individuals and for their own personal use. Legal entities or their employees will not be able to use the service as students to contact professors.
Chinese Made Easy reminds its users that they are subject to all national labour and corporate laws, as well as national payment and tax systems. Please visit the CRA website to learn more about taxes in Canada.
Tutors create and publish their ads freely on Chinese Made Easy following the simple process provided on the site that can be found by clicking on: Tutoring Jobs, on the home page menu. Members can submit as many teaching ads as they want, grouping their ads by subject type/category (arts, sports, science, for example) or by creating one per subject. Each registered teaching ad must be completely different from all others and must have a unique title in order to avoid referencing issues on Google.
Any tutor placing an online ad on Chinese Made Easy must exclusively publish information, content, photographs and videos that belong to them and of which they hold the rights. The listing must not contain information that is incorrect, illegal or likely to mislead the recipient. The fees advertised in the ad must be accurate and the tutor must not change their fee once connected with a student through the platform.
The ads must not contain the contact details of the tutor: address, phone, email ... under penalty of having their ad suspended and may even be denied access to the site.
Tutors are committed to being perfectly transparent about their lessons and their references. Chinese Made Easy will not be held responsible for any erroneous information provided by tutors. It is the student's responsibility to verify the information provided by the tutor on their listing and to notify Chinese Made Easy as soon as possible if this information proves to be inaccurate.
The publication and distribution of advertisements is free for tutors. Tutors who wish can subscribe to the Premium Subscription, through which their ads are given higher visibility for one year at a rate of $108. This offer is automatically renewed each year from the account provided. Starting from the first day of subscription, the tutor can cancel the automatic renewal of the Professional Pass and suspend their subscription without justification by contacting Chinese Made Easy with an advance notice of 5 business days before the date of the next charge: contact
Please note that updating payment information will terminate any promotional offer that you are benefiting from. If you need to update your payment information and wish to remain subscribed to a promotional offer, please get in touch with our customer service team.
If you do not have a review from a student already on Chinese Made Easy, we require you to offer your first session for free. This does not have to be a formal lesson, but more a short class reserved for getting to know the student, understanding their aims and objectives and agreeing on a teaching plan that works for both parties.
All new tutors to the platform are required to offer students a free first session, which will be communicated explicitly in their adverts (« 1st lesson free »).
Failure to respect this policy may lead to your advert being temporarily suspended or removed indefinitely from the platform.
The duration of this free session will be set at 1 hour by default but can be modified. The session must be at least 30 minutes and the specifics of what is included in the free session should be laid out clearly to students before booking the class.
Only tutors who have reached at least Super Tutor status can opt out of this policy. This requires at least 4 recommendations and 1 review, an uploaded diploma/qualification, and a response time of fewer than 24 hours.
The tutors contact information is never sent to students except in the case where the teacher accepts a lesson request, thus indicating that they wish to send their contact information to the student to organise the first class.
All pages of the site are secured by the HTTPS protocol and navigation between pages is encrypted. All member information and data are encrypted. No banking data is ever kept by Chinese Made Easy.
Chinese Made Easy does not sell or rent any information or data about its members.
After consulting teaching ads, students can get in touch with tutors they have selected. They then send a lesson request and message to all or as many tutors that match their needs. These messages must not contain any contact details and must limit contact to the Chinese Made Easy website. i.e neither telephone numbers nor e-mail address’ nor Internet address are permitted in lesson requests.
A message containing any of this information will automatically be deleted and the student may still be charged for management fees without guarantee of connecting with the desired tutor(s).
In order to send lesson requests to selected tutors/teachers, a fee of $49 must be paid by the student (this is the Student Pass) for the monthly subscription. Your initial payment will only be fully processed once you have received an accepted request from a tutor. It might, however, be held by your bank to guarantee payment in case of an accepted request.
The Student Pass is $49/month and allows students to message as many tutors as they wish during the period of subscription. The subscription is renewed automatically each month but the student can cancel the subscription at any moment through the student's account settings on their dashboard. The subscription needs to be cancelled before the date of automatic renewal in order to avoid being charged for the next month of subscription.
If several of the selected tutors accept a lesson request, the student will still only pay the student fee of $49 once and thus will be able to choose the tutor they prefer.
Once a lesson request is accepted by a tutor and the contact details are transmitted to the student, Chinese Made Easy will not be able to refund to the student pass. The student can only be reimbursed if, due to the fault of the tutor, no lessons have taken place, including any free lessons. Proof will be requested that the tutor cancelled the lesson in order to be able to reimburse.
If the student is able to provide proof which confirms the unavailability of the tutor, Chinese Made Easy will reimburse the initial month of the Student Pass, however, subsequent monthly payments will not be refunded as these remained of responsibility of the student to cancel.
In the case that a tutor has refused to give lessons because the student has asked them to complete homework, coursework, exams, or other work on the student’s behalf, a refund will not be given to the student.
If the tutor that a student initially contacted is not available and unable to accept the lesson request, the student will automatically be rematched with other tutors that meet the same criteria as the student’s initial search. The student will be notified if the tutor that they have been rematched with is available to give them lessons. If the student agrees to take lessons with the rematched tutor, then the student simply has to select ‘Discuss’ from the tutor’s message in the messaging centre from their Chinese Made Easy dashboard. The student will then be able to contact the tutor in order to begin lessons and by clicking ‘Discuss’ and this will automatically trigger the monthly subscription for the student pass.
In the event that a student wishes to take multiple hours with one tutor, they might opt to plan packs of lessons (either 5 hours or 10 hours). Once a pack is accepted, the student will be immediately debited the full amount for the pack. The tutor will receive 50% straight away, and the other 50% when the pack is completed. Please note that you must plan and complete all hours within a lesson pack via the platform in order for the payment to be received successfully. In case a lesson pack is not completed, the tutor is required to refund the student outside of the platform for the remaining hours of incomplete lessons.
In the event that a lesson does not take place and the payment has been transferred to the tutor, it is the tutor’s responsibility to refund the student directly.
PayPal is currently the only method that is supported for receiving payments via Chinese Made Easy.ca. Our site is for users in Canada where PayPal payments from businesses are accepted. We do welcome tutors from other countries to advertise on our site but it is their responsibility to ensure they can receive payments via PayPal where they are located if they want to be paid directly on the platform.
By connecting to their dashboard, Chinese Made Easy members can control their messages and ads.
The dashboard allows you to manage your profile information, announcements (add, delete, edit) and connect with tutors or students.
Tutors are required to respond as quickly as possible and to all students who have made requests. Without an answer, tutor announcements may be suspended until they have taken the time to answer their students.
Chinese Made Easy reserves the right to filter these messages and directly contact the sender if it is deemed spam or messages do not match the purpose of the site.
Chinese Made Easy reserves the right to keep and delete the exchanged e-mails.
Chinese Made Easy reserves the right to make changes to the services offered by the site where tutors or students can expect any compensation.
You are responsible for maintaining the accuracy of any information you submit to us in relation to your access to and use of the Magazine Services.
You are solely responsible for any user content you provide to us.
You are responsible for your conduct in relation to the Magazine Services, and your access to or use of the Magazine Services and Content (as such term is defined in the full Terms of Use) is subject to the rules described in the section entitled “Your Conduct and Responsible Use of the Magazine Services” of the Terms of Use below.
Your access and use of the Magazine Services and Content is for personal and noncommercial purposes only.
As between Healthovia and you, Healthovia owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Magazine Services and Content except, if applicable, with respect to your User Content.
You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Magazine Services (including any code used in any software) or Content, whether or not for profit.
If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to the Magazine Services. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion.
You agree to indemnify and hold Healthovia (and its affiliates and its and their officers, directors, employees, contractors, and agents) harmless, including costs and reasonable attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Magazine Services or Content, (b) your User Content, (c) your violation of the Terms of Use; or (d) your violation of applicable laws or regulations.
Healthovia disclaims any warranties and provides the Magazine Services “as is”.
Our liability is limited as described in the Limitation of Liability section in the Terms of Use below.
Healthovia is not responsible for any links to third-party websites, apps or other services, including social media platforms.
We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Magazine Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.
Healthovia may, in its sole discretion, terminate your password, account (or any part thereof), access to or use of the Magazine Services, or remove and discard any User Content (as such term is defined in the Terms of Use below) or information stored, sent, or received via the Magazine Services without prior notice and for any reason or no reason.
We may revise the Terms of Use prospectively by posting an updated version on the Magazine Services.
Your continued use of the Magazine Services will be deemed as irrevocable acceptance of any revisions.
The Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
The Terms of Use (including the Privacy Notice) constitutes the entire agreement between you and us regarding the use of the Magazine Services.
If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
If you believe your copyright has been infringed, you may provide us with notice in accordance with the process described in the corresponding section of the Terms of Use below.
IN NO EVENT SHALL WE (AND OUR affiliates and OUR and their officers, directors, employees, contractors and agents ) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE MAGAZINE SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID Healthovia IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
The Magazine Services might contain links to third-party websites, apps or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under the control of Healthovia and Healthovia is not responsible for any Third-Party Services and Ads. Healthovia provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party's terms and policies apply, including the third party's privacy policies.
Healthovia makes no representation that the Magazine Services or Content are appropriate or available for use outside the Canada, its territories, possessions, and protectorates. If you choose to access the Magazine Services or Content from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Healthovia may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Magazine Services, or remove and discard any User Content or information stored, sent, or received via the Magazine Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Magazine Services, (ii) any unauthorized access or use of the Magazine Services, (iii) any violation of this Agreement, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Magazine Services. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or your access rights to the Magazine Services shall not affect any right or relief to which Healthovia may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Healthovia and its licensors and all rights granted by you to Healthovia shall survive in perpetuity.
Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Magazine Services, the following provisions of this Agreement will survive: Sections 2 – 29.
This Agreement (including the Privacy Notice) constitutes the entire agreement between you and us regarding the use of the Magazine Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
We may revise, prospectively, this Agreement by posting an updated version on the Magazine Services. You consent and agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the Magazine Services. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the Magazine Services will be deemed as irrevocable acceptance of any revisions.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
23.1 Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and Healthovia arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Magazine Services.
23.2 YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND Healthovia ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND Healthovia AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
23.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Healthovia must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: San Francisco, CA, Denver, CO, or New York, NY. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.
No failure or delay by Healthovia in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.
This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the Province of Quebec, Canada without giving effect to any law that would result in the application of the law of another jurisdiction.
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our services have designated an agent to receive notices of claims of copyright infringement: Copyright Agent, 2099 Charbonneau, Varennes, QC, Canada, J3X1H1 fax: 438-490-2115; support@chinesemadeeasy.ca. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We have a policy of terminating access to our Magazine Services of any user who repeatedly infringes the proprietary rights of any third party.
Copyright © 2020, Chinese Made Easy All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Magazine Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
If you have any questions about this Agreement, you may contact us by email at support@chinesemadeeasy.ca.
