Effective Date: January 1, 2023

Welcome to Homeroom’s Additional Terms for Providers. 

As a Provider, your use of the Services is governed by the Terms of Use, the Privacy Policy, and these Additional Terms for Providers. We recommend that you read all three documents, before using the Services. 

When you read these Additional Terms for Providers, you will come across certain capitalized terms. The capitalized terms which are not defined in these additional terms, will have the same meaning as set out in the Terms of Use or the Privacy Policy. 

1. Additional Terms for Providers 

1.1 How do I accept the Additional Terms for Providers?  
By accessing or using the Services, or by checking the box to confirm that you agree to our Terms of Use and Privacy Policy, you confirm that you accept and agree to comply with these Additional Terms for Providers. 

If you disagree with anything in these Additional Terms for Providers or the Agreement, you should not use the Services.  

1.2 Will these Additional Terms for Providers ever change?
Homeroom may change these Additional Terms for Providers from time to time, like when Homeroom offers a new Service, with changes in technology, or when legal requirements arise, and you should review this page periodically. 

After each change to these Additional Terms for Providers, Homeroom will send you an email notification and update the ‘Effective Date’ at the top of this page. 

If you continue to use the Services after any change to these additional terms, you are taken to have accepted the changes to these additional terms from the ‘Effective Date’. 

2. Listing Activities on the Services 

2.1 Listing Activities
In order to list any Activity, you will need to provide Homeroom a truthful, complete, and accurate description of the Activity that you propose to list on the Services (“Proposed Activity”). Once we have all the information we need, we will check to see if the Proposed Activity conforms to our ‘Guidelines for Activities’ stated in Section 2.2 below. 

You agree that our decision to accept, or to reject the Proposed Activity will be final. Homeroom will not be liable for any loss that arises from rejection of the Proposed Activity.  

2.2 Guidelines for Activities
‍Our objective is to make the Activities useful and relevant to as many Students as possible. For that to happen, it is important that the Activities conform to the following ‘Guidelines for Activities’.  

• Should be objective and factual: This means that the Activity must present an unbiased view of issues. What this also means is that Providers must not use the Activity to promote his, her or their personal views or try to sensationalize any issue;
• ‍Should be age-appropriate: This means that the Activity should be suitable for Students for which it is designed. This also means that the Activity must not contain any material that is disturbing, graphic, or encourages hate, violence, or discrimination of any kind; 
• ‍Should not be offensive or objectionable: What this means is that the Activity must not promote any conduct that is illegal, harmful to other persons or their property, or not in good taste. This also means that the Activities should not promote objectionable behavior such as harassment or bullying; 
• Should not promote any products or services unrelated to the Activity; and
• Should conform to technical or other specifications prescribed by Homeroom.
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‍1.3 Disallowing any on-going Activity 
Homeroom may disallow an Provider from carrying on any Activity, despite the Activity having been previously approved by Homeroom, if Homeroom in its discretion believes that the Activity no longer conforms to ‘Guidelines for Activities’ stated in Section 2.2 above. 

Homeroom will not be liable for any loss that arises from Homeroom disallowing you from continuing any Activity. In such event, you authorize Homeroom to refund all monies collected in advance for the Activity.  

3. Code of Conduct for Providers

This code mentions the core values and professional standards that Providers must always observe. In order to ensure the quality of the Activities and to keep the atmosphere during the Activities courteous, pleasant, and conducive to learning, it is important that Providers act in keeping with the ‘Code of Conduct for Providers’. 

Providers must:

• Represent themselves, their experience, professional status, and qualifications honestly; 
• Respect the privacy of Students and the confidentiality of information gained in connection with the Activities;
• Be committed to equality and inclusion and to respecting and accommodating diversity among Students arising from gender, family status, religion, race, disability, ethnicity, and socio-economic status; 
• Acknowledge and respect the uniqueness and specific needs of Students; 
• Seek to develop positive relationships with Parents & Guardians and Students and act in a manner that is characterized by professional integrity and judgment; 
• Apply their knowledge and experience in instructing Students;
• Fulfill and maintain basic expectations from a quality Provider; 
• Communicate effectively with Parents & Guardians and Students and in a manner that is professional, collaborative, and supportive; and
• Act with honesty and integrity.

Any Provider whose actions do not conform to the ‘Code of Conduct for Providers’ will not be allowed to conduct any further Activities, and Homeroom will be entitled to refund Parents & Guardians for all such Activities from the Payments (defined below) made to Provider. 

Homeroom will not be liable for any loss that arises from Homeroom disallowing any Provider from conducting the Activities, because of the failure of Provider to follow the Code of Conduct for Providers. 

4. Payment terms for Providers 

4.1 Payments to Provider
‍Providers are free to set prices for the Activities they provide using the Services. As a rule of thumb, Parents & Guardians are required to pay Homeroom for the Activities they choose at the time of booking i.e. when they book the Activities. Homeroom retains the monies collected from Parents & Guardians at the time of booking.

Provider will receive the monies collected for such Activity less Homeroom fees and applicable taxes (“Payments”). 

In the event a Parents & Guardians cancels the booking for an Activity, Homeroom will refund the Parents & Guardians from the Payments made to the concerned Provider in accordance with the refund and cancellation policy set by Provider for the Activity.  

‍Payments to be made through Stripe
‍Currently, Homeroom offers Payments through Stripe, Inc. (“Stripe”), a third-party payment processor. To use Stripe’s payment processing services, Providers must register with Stripe as a merchant. Stripe’s Terms of Service explain that process and are available here: https://stripe.com/us/legal. Stripe’s Privacy Policy is available here: https://stripe.com/us/legal/privacy. 

By accepting the Agreement with Homeroom, Providers agree that they have reviewed Stripe’s Terms of Service and Privacy Policy for the country in which they are located and agree to them. If you have questions regarding Stripe’s Terms of Service or Privacy Policy, please refer to the Stripe website www.stripe.com or contact Stripe at https://support.stripe.com/.

Homeroom fees
‍Homeroom may at its discretion change the Homeroom fees from time to time. Homeroom will notify you thirty days before any change in the Homeroom fees comes into effect. Except as otherwise specified in the Agreement, all Homeroom fees are chargeable in United States Dollars.

5. Additional terms and conditions for Providers 

5.1 Provider’s responsibility for User Content
‍You are entirely responsible for the truthfulness, accuracy, and completeness of any User Content (as defined in the Terms of Use) that you make available through the Services. You agree to promptly correct any untruthful, inaccurate, or incomplete content in your User Content using the Services. 

In addition, you agree that any User Content you post will comply with the User Guidelines stated in Section 5 of the Terms of Use. 

You agree that Homeroom does not have any control over any User Content or Feedback posted about you or any Activities that you offer. If you would like to report any irrelevant or inappropriate review about you or your Activity, please notify us at hello@homeroom.com. 

You agree that our decision to remove, censor, edit or delete any User Content and Feedback will be final. Homeroom will not be liable for any loss that arises from its decision to (or not to) remove, censor, edit or delete any User Content and Feedback. 

5.2 Cancellation and refund for Activities
‍All Providers are required to put in place clear and consistent policies and procedures for cancellation and refund of Activities, and make these policies and procedures available to all Users before they enroll for their Activities. 

5.3 Restrictions regarding use and sharing of Children’s Data 
You acknowledge that Parents & Guardians may use the Services to authorize you to access Children’s Data. You agree that Homeroom will not send you Children’s Data unless Parents & Guardians explicitly authorize the transfer of Children’s Data to you. 

In addition, you acknowledge that children may disclose Children’s Data to you and other Students that participate in the Activity. You represent and warrant that you will access and use all Children’s Data that you receive in accordance with:

• The Agreement; and
• All applicable laws, rules, and regulations including applicable provisions of COPPA.  

You agree not to use Children’s Data for any other purpose, or to disclose such data to any third person or entity. 

5.4 Unauthorized access or use of Children’s Data
‍In the event you become aware of any potential or actual unauthorized access or use of the Children’s Data, you agree to notify Homeroom promptly, to allow Homeroom to comply with its obligations under applicable law. In addition, you also agree to reasonably cooperate with the other party and any law enforcement or regulatory officials.

6. Term and Termination 

6.1 Commencement of the Agreement 
‍The Agreement commences on the date when you first access or use the Services or check the box to confirm that you agree to our Terms of Use and Privacy Policy, and continues until the Agreement is terminated in accordance with this Section 6. 

6.2 Termination of the Agreement 

Homeroom may terminate the Agreement in the following circumstances: 

• Immediately, if Homeroom closes your Account in accordance with Section 9 of the Terms of Use; 
• Immediately, if you become subject of a petition in bankruptcy or another proceeding relating to receivership, insolvency, liquidation, or assignment for benefit of creditors; or 
• Immediately, if your account is suspended by Homeroom and you fail to rectify the cause of such suspension to Homeroom’s reasonable satisfaction within 30 days from the date of suspension. 

You agree that termination of the Agreement will not relieve you of your obligation to pay Homeroom, fees for any period prior to the date of termination of the Agreement. 

7. Representation and Warranties of Providers

7.1 Representation and Warranties  
You represent and warrant to Homeroom that:

• You have the right and authority to enter into the Agreement and to perform all your obligations under the Agreement;
• You are not a party to any agreement, or understanding which would prohibit, limit, restrict, or impair in any manner your performance related to the Agreement; 
• You have the necessary qualifications, experience, licenses, permissions, and consents to conduct Activities under the Agreement; 
• Your performance related to the Agreement will not violate any applicable laws, rules, and regulations including applicable provisions of COPPA; 

• Your performance related to Agreement will not defame, slander, libel, disparage, or invade the privacy rights of any person or entity, or contain false or misleading information; and  
• The information or description that you provide about the Activities or about your experience or qualifications are not false or misleading.

8. Notice for California Residents 

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

9. User Disputes 

You acknowledge and agree that Homeroom merely provides a platform and venue for Users to research and enroll in Activities, and for you to list your Activities. Homeroom does not provide any services except the Services. 

We have no control over and cannot guarantee the truthfulness, accuracy, or completeness of any User Content and Feedback posted on the Services, and cannot control or guarantee that any User will complete a transaction with you. 

If you have a dispute with one or more Users, you hereby release Homeroom (and our officers, directors, managers, members, agents, subsidiaries, joint ventures, and employees) from any claims, demands, fees, expenses, or damages of any kind or nature, known or unknown, arising out of or in any way connected with such disputes. 

Waiver of California Code §1542

If you are a California resident, you hereby waive California Civil Code §1542, which provides that:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

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