1. Eligibility and Representation
1.1. The Company provides Education Services that are exclusively available to children between the ages of one and seven years and duly enrolled in one of our Partner Daycare Centers (hereinafter referred to as "Eligible Child").
1.2. Only parents or legal guardians of an Eligible Child (hereinafter referred to as the "Parent/s") are entitled to register the Eligible Child for Education Services in accordance with the provisions of Section 5 of this Agreement.
1.3. By subscribing to the Education Services, the Parent represents and warrants to the Company that: (i) they are of legal age, either by virtue of being legally emancipated or having reached the age of majority in their jurisdiction of residence; and (ii) they possess the legal capacity to enter into this Agreement with the Company.
1.4. In the event of any misrepresentation regarding the eligibility of a child or the authority of a Parent, the Company reserves the right to terminate the subscription.
1.5. Any conflict between this provision and any other provisions of this Agreement shall be resolved in favor of this provision.
2.1. The following words shall have the meaning given hereunder whenever they appear in these Terms:
Daycare Schedule
refers to the Partner Daycare Center's holiday schedule and includes any unscheduled daycare closure due to force majeure events.
Education Service
refers to the language and STEM (science, technology, engineering and mathematics) lessons provided by the Company, through its Teachers, to Enrolled Pupils.
Enrolled Pupil
refers to an Eligible Child who is registered to receive Education Services in the Partner Daycare Center.
Lesson
refers to the 30-45-minute weekly group class delivered by the Company's appointed Teacher to an Enrolled Pupil at the Partner Daycare Center.
Partner Daycare Center
refers to the daycare facilities that are part of the Company’s partner network, partner art school, or customer home.
Party or Parties
refers to the user and the Company individually and collectively, as the context requires.
Subscriber
refers to the Parent who subscribes to the Education Service in accordance with the provisions of Section 5 of this Agreement.
Subscription Fees
refers to the monthly subscription fees payable by the Subscriber to the Company for the Education Services offered by the Company at the Partner Daycare Center.
Teacher
refers to an employee or sub-contractor the Company engages in delivering Education Services to an Enrolled Pupil at the Partner Daycare Center.
2.2. The use of any masculine, feminine, or neuter gender and the singular or plural numbers in these Terms of Service shall refer to the gender and number as the context requires.
2.3. Any words or expressions used in these Terms of Service that are not defined in this Section 2 shall have the respective meanings given to them in these Terms of Service.
2.4. If this Agreement has been translated into other languages, the English version shall prevail.
3. Lesson Schedule and Delivery
3.1. The Lessons will be delivered by the Company’s appointed Teacher once a week for a duration of (30-45) minutes per session at the Partner Daycare Center. The Company reserves the right to set the day and time for the Lessons in consultation with the Partner Daycare Center. The Lessons will follow the Daycare’s Schedule.
3.2. If a class size exceeds the limit of ten Enrolled Pupils, an assistant Teacher will be deployed to manage and provide instructions in conjunction with the main Teacher to maintain the quality and attention paid to each Enrolled Pupil.
3.3. If our appointed Teacher cannot deliver a Lesson, we reserve the right to provide a substitute Teacher to deliver the Lesson following the same curriculum and methodology. In the unlikely event that we are unable to deliver a scheduled Lesson, we will cancel the Lesson, and a refund will be processed for the cost of such canceled Lesson in accordance with our Refund Policy.
We do not offer any make-up Lessons or refunds if an Enrolled Pupil misses a Lesson due to no fault on the part of the Company.
5. Subscriptions, Payments, Cancellations and Refunds
As a Parent of an Eligible Child, you can subscribe to the Education Service in accordance with the provisions outlined below.
5.1. To subscribe to the Education Service, you must complete our online registration form by providing all the requested personal information, including but not limited to your full name, phone number, email address, and the full name and date of birth of the child. You agree to provide us with current, complete, and accurate information during registration and to keep this information up to date. All personal information collected by us is processed in accordance with our Privacy Policy. Please carefully review our Privacy Policy before proceeding with the online registration, and do not submit any personal information if you do not agree with our privacy practices.
5.2. Following the successful submission of your online registration form, you will be prompted to pay the applicable subscription fee. Our current subscription fees are listed on the Website and quoted in USD (excluding applicable taxes). Subscribers are billed in accordance with the provisions of Section 5.3 below. We reserve the right to change our subscription fees from time to time at our sole discretion. If there are any changes in our subscription fees, we will notify you by email, informing you of our new pricing. Any changes in our subscription fees will not impact your current subscription term, and the new subscription fees will only become effective from the date your subscription is due for renewal. We will give you at least 15 calendar days’ notice before the due date of your subscription renewal, informing you of the new subscription fees. If you do not agree with the changes to our subscription fees, your sole remedy is to cancel your subscription in accordance with the provisions of Section 5.4 below.
5.3. Payments and Auto-renewals
5.3.1. The total amount you pay for the monthly subscription, including applicable taxes, will be displayed before you authorize the payment.
5.3.2. You understand and agree that you will be billed the full subscription fee plus any applicable taxes when you first subscribe to the Education Service, and your subscription will automatically renew every 30 consecutive days (‘Automatic-Renewal’) until such time that you cancel it. You may cancel your subscription by contacting our support team in accordance with the provisions outlined in Section 5.4 of this Agreement.
5.3.3. You can pay your Subscription Fee using any major credit, debit card, or bank account. All payments are processed by secure third-party payment processors Brightwheel. By providing your payment method to our payment processor, you represent that the payment information provided by you is correct, current, and complete and that you have the right to use the payment method to pay the Subscription Fee. You are expressly prohibited from paying or attempting to pay through any unlawful means. You hereby authorize the Company and/or our third-party payment processor to charge your payment method in accordance with the provisions of this Agreement. If your payment is unsuccessful for any reason, including but not limited to your payment card issuer declining authorization, the Company will not be under any obligation to provide Lessons to your child.
5.4. Subscription Cancellations
You must cancel your subscription at least seven calendar days before it is due for Automatic Renewal (“Cancellation Period”) to avoid being billed for the new subscription term. If you fail to cancel your subscription within the cancellation period, you will be automatically billed for the new term. All cancellations will be effective from the end of your current subscription term. To request the termination of your subscription, please contact our support team at info@lenitutors.com with the words “subscription cancellation” in the subject line.
Notwithstanding anything to the foregoing, the Company reserves the right to terminate your subscription if the Company does not have a minimum of five Enrolled Pupils in the Partner Daycare Center to continue the Lessons.
5.5. Refunds Policy
5.5.1. Subscribers will qualify for a refund in the following circumstances:
5.5.1.1. Any Lessons canceled by the Company outside of the Daycare’s Schedule will be eligible for a refund equal to the cost of such canceled Lessons.
5.5.1.2. Any subscriptions canceled by the Company as a result of not reaching the minimum level of enrollment to commence the Lessons at the Partner Daycare Center will be eligible for a refund of the full Subscription Fee paid for the subscription term.
5.5.2. Unless required by law, we do not offer full or partial refunds under the following circumstances:
5.5.2.1. Any Lessons missed by an Eligible Pupil due to no fault on the part of the Company,
5.5.2.2. You understand and accept that any non-use of the Lessons during the subscription term will not be deemed a valid ground for a refund.
5.5.3. If you are eligible for a refund, we will process your refund within ten days from the date of refund approval. All refunds are issued in USD. You understand and accept that it may take up to 15 calendar days from the date we processed your refund for the payment to appear in your account.
You understand and accept that disputing any Subscription Fees or requesting your payment processor to reverse the transaction (“chargeback”) constitutes a material breach of this Agreement. We reserve the right to immediately cease the provision of our Education Services and ban such Subscriber from re-subscribing to the Education Services. We also reserve the right to dispute any chargeback at our sole discretion.
7. Company’s Role and Responsibility
7.1. Role
For the sake of clarity and to avoid any misconceptions, the Company is not the operator or manager of the Partner Daycare Center. The Company's role is strictly limited to that of an independent provider of Education Services at the Partner Daycare Center’s premises.
7.2. Responsibility
The Company shall be responsible for communicating any changes in our Lesson schedule to the Subscriber and for replying to any messages or emails from the Subscriber. The Company expressly excludes itself from any responsibility or liability pertaining to the operation, management, facilitation, or any other aspect of daycare services rendered by the Partner Daycare Center.
7.3. Disclaimer
The Company hereby disclaims any and all responsibility or liability for any occurrences, consequences, or matters arising, directly or indirectly, out of or in connection with the operation, management, or any other processes of the Partner Daycare Center and/or the safeguarding, supervision and overall care of children attending the daycare. Any claims or legal actions resulting from these processes shall be the sole responsibility of the Partner Daycare Center.
8. Subscriber’s Responsibility
The Subscriber agrees to:
8.1. Comply with all the provisions of this Agreement, including any payment obligations during the subscription term.
8.2. Provide the Company with true, complete, and current information when entering into this Agreement and keep such information up-to-date for the entire duration of this Agreement.
9. Electronic Communication
When you subscribe to the Education Service, you enter into this Agreement electronically. You understand and agree that all communication between you and the Company is through electronic means.
For the purposes of this Agreement, you expressly consent to receive communications from the Company electronically. Furthermore, you agree that all notices, disclosures, and other communications that the Company provides you electronically will meet any legal requirement that such communication should be in writing.
10. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF THE SERVICE AND ANY INFORMATION ACQUIRED THEREFROM IS AT THE USER'S SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND INFORMATION PROVIDED BY THE COMPANY AND ITS EMPLOYEES, CONTRACTORS, AND AFFILIATES (“COMPANY AND ITS OFFICERS”) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE COMPANY DOES NOT WARRANT THAT THE SERVICES PROVIDED BY THE COMPANY WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. UNLESS EXPRESSLY SPECIFIED IN THIS AGREEMENT, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS OFFICERS SHALL CREATE A WARRANTY.
11. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER THE COMPANY NOR ITS OFFICERS SHALL BE LIABLE TO THE USER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF SAVINGS, DATA, OR GOODWILL, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, IN NO EVENT SHALL THE COMPANY AND ITS OFFICERS’ TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY THE SUBSCRIBER TO THE COMPANY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY.
THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND REFLECTS A FAIR ALLOCATION OF RISK. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
You hereby agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your actions (including negligent or wrongful conduct).
Your obligation to indemnify the Company shall survive the termination of this Agreement for any reason. This indemnification clause shall be construed broadly in favor of the Company.
13. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of laws principles. The Parties hereby irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts located in Houston, Texas, in any legal action or proceeding arising out of or relating to this Agreement or the transactions it contemplates. Each Party hereby irrevocably waives any objection it may now or hereafter have to the laying of the venue of any such action or proceeding in such courts and any claim that any such action or proceeding has been brought in an inconvenient forum.
We reserve the right to update this Agreement at any time. Where we make any changes to this Agreement, we will update the last modified date on the top of the page where this Agreement appears. Please note that if we make any amendments that materially impact your rights or obligations under this Agreement, we will notify you of such changes prior to the effective date of such amendments. Unless expressly specified otherwise, all amendments shall be effective from the date we publish the updated version on the Website. You are advised to periodically review this Agreement to familiarize yourself with any material changes. Your continued use of the Service after the effective date of any amendments shall constitute your acceptance of such amendments. If you do not agree with any amendments to this Agreement, your sole remedy is to cease using the Service.
Your access and use of the Website may be interrupted with or without prior notice for maintenance, upgrading, testing, repairs, or other related work. We shall not be liable to indemnify you for any loss, damage, costs, or expense that you may suffer or incur as a result of such deactivation.
You may not assign any rights and obligations under this Agreement, in whole or in part, without an authorized Company representative's written consent. Any attempt to assign any rights and obligations without the Company's consent shall be void. The Company reserves the right to assign any of its rights and obligations under this Agreement to a third party without requiring your consent. Please note that such a third party will be bound by the same rights and obligations as outlined in this Agreement (as amended from time to time).
If any provisions in this Agreement or part of a provision is found to be unlawful, void, or for any reason deemed to be unenforceable, then that provision or part of the provision will be deemed not to be part of this Agreement to the minimum extent necessary and such severance shall not affect the validity and enforceability of the remaining Agreement.
18.1. Notice to the Company
All notices to be given to the Company shall be sent to the following email address: info@lenitutors.com
18.2. Notice to you
We may send notice to Subscribers by email to the email address provided by them during online registration. It is solely the Subscriber’s responsibility to inform us of any change in the email address after initial registration.
Our failure to enforce any right shall not constitute a waiver of that right or any other right.
For any queries or requests, you can write to us at:
23144 Cinco Ranch Blvd
Suite B PMB 1186
Katy, TX 77494
United States
info@lenitutors.com
Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by a Force Majeure Event. A "Force Majeure Event" refers to any event beyond a Party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including but not limited to strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, interference by civil or military authorities, national or international calamity, armed conflict, nuclear, chemical or biological contamination, the collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
