This Parent / Guardian Agreement was last updated October 31, 2019.
If you are a Parent / Guardian, this Parent / Guardian Agreement (the “Parent / Guardian Agreement”) contains the terms and conditions of Your participation as a Parent / Guardian via GroKool’s platform and services. This is a binding agreement between you and GroKool and our private-labeled customer that you or your ward may be part of, and is incorporated by reference into GroKool’s Agreement (“Agreement”).
Any version of this Parent / Guardian Agreement in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
"Base Price" means the Activity price set by the Host.
"Base Currency" means the currency of the Base Price.
"Base Exchange Rate" means a system-wide rate used by GroKool for foreign currency conversion and does not include any fee or mark-up by GroKool. The rate is established using one or more third parties and is fixed periodically. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
"Pricing and Promotions Policy" means the policy available in Pricing and Promotions Policy setting forth GroKool’s pricing and promotional policy and terms.
"Sale Price" means the actual sale price for the Activity or Item. When the Sale Currency is different from the Base Currency, GroKool will determine the Sale Price based on the applicable Base Exchange Rate.
"Sale Currency" means the currency of the sale. This is determined by the country of origin of the User purchasing the Activity or Item.
As a Parent / Guardian You are contracting directly with GroKool, Inc., a Delaware corporation in the United States of America and our private-labeled customer that you or your ward may be part of. Additionally, although We may utilize other GroKool subsidiaries to receive Your payments, Your contract remains between You and GroKool, Inc. and our private-labeled customer that you or your ward may be part of.
Parents / Guardians do not have a direct contractual relationship with Hosts. The only information You will receive about Hosts is what is provided to You through the platform and services (“User Related Data”). You understand and agree that You will indemnify GroKool, our private-labeled customer that you or your ward may be part of, for any issues arising out of Your use of any User Related Data.
As a Parent / Guardian, You represent, warrant, and covenant that:
You hereby agree that We may record all or any part of any Activities or other communications (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the platform and services. You hereby grant GroKool permission to use Your and Your ward’s name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the platform and services, Activities, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
You hereby warrant that You and Your ward are not Restricted Persons ("Restricted Person"). For purposes of the Parent / Guardian Agreement, You or Your ward is a Restricted Person if You, Your ward or any officer, director, or controlling shareholder of the entity on behalf of which You or Your ward are using the platform and services is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical, or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If You or Your ward becomes a Restricted Person during the term of this Parent / Guardian Agreement, You shall notify GroKool within twenty-four (24) hours, and GroKool shall have the right to terminate any further obligations to You and Your ward, effective immediately and with no further liability to You or Your ward, but without prejudice to Your and Your Learner’s outstanding obligations to GroKool.
You agree that You and Your ward shall not utilize the platform and services to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You and Your ward may not remove or export from the United States or allow the export or re-export of the platform and services, or any direct product thereof, including technical data, in violation of any
So that Company can receive payments in a timely manner, you must have a credit card or debit card or bank account in good standing and keep GroKool apprised as to the correct number, name, address, and CVV code associated with your credit card account or debit card or bank account. Payment will be processed immediately once You or Your ward joins a paid Activity or pays for an Item by GroKool’s payment receiving partner, Stripe.
As a Parent / Guardian, you are responsible for determining whether you are eligible to pay a US company.
You understand and agree that GroKool reserves the right to collect sales tax on the purchase of Your and Your ward’s Activities, and the following applies:
In the event that the purchase or delivery of an Activity, Item, or any Submitted Content to you in the European Union is subject to any value added tax ("VAT"), under applicable law, GroKool will collect and remit the VAT to the competent tax authorities for sales of such Activities, Items or Submitted Content to Users in the European Union. GroKool may at its Own discretion increase the Sale Price where GroKool is of the view that VAT may be due and GroKool will have a liability to account for such.
For purchase of any Activities, Items or Submitted Content in countries other than the European Union, South Korea and Japan (please research for more information on taxes in South Korea and Japan), Hosts are responsible for following the requirements of the appropriate taxing authority related to sales tax on their Activities (which may be different to the tax authority in Your own location). GroKool does not provide tax advice to hosts for this and they are advised to consult with their own tax advisor.
If You wish to delete Your and Your ward’s Account, You may do so by following the steps provided in the How to Close your Account page. We will use commercially reasonable efforts to receive any remaining scheduled payments due and owing from You and Your ward prior to deleting Your Account. You hereby understand and agree that if You or Your ward have previously enrolled in Activities or purchased Items, after Your and Your ward’s Account has been deleted Your and Your ward’s name and such Activities and Items will remain accessible to Users who enrolled in Your Activities or Items. Should You require any assistance or encounter any difficulty in deleting Your Parent / Guardian and ward Accounts You may also contact Us via email at support@GroKool.com, and We will make commercially reasonable efforts to respond to Your request within 24 hours.
From time to time, We may update this Parent / Guardian Agreement to clarify our practices or to reflect new or different practices, such as when We add new features, and GroKool reserves the right to modify and/or make changes to this Parent / Guardian Agreement at any time. If We make any material change We will notify You using prominent means such as by email notice sent to the email address specified in Your Account or by posting a notice on Our platform and services. Other modifications will become effective on the day they are posted unless stated otherwise. If You and Your ward continue to use the platform and services, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Parent / Guardian Agreement as changed. The revised Parent / Guardian Agreement supersedes all previous Parent / Guardian Agreements.