By Using Our Site You Accept The Terms of this Policy
Please read this Acceptable Usage Policy carefully and ensure that you understand it before using Our Site. Our Acceptable Usage Policy sets out standards which apply to your use of this website, https://www.haay.com (“Our Site”) when communicating via Our Site, uploading User Content, or otherwise interacting with it. It is recommended that you print a copy of this Policy for your future reference.
This Policy was last updated on 7th July 2021.
Your agreement to comply with this Policy is indicated by your use of Our Site. If you do not agree to this Policy, you must stop using Our Site immediately.
The following documents also apply to your use of Our Site:
“content” or “Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User” means a user of Our Site; and
“User Content” means any media including text, images, audio, or video, submitted by Users to Our Site; and
“Service” means any content (including text, graphics, images, audio, and video) comprising any chat session of tuition, instruction, teaching, coaching, training, or mentoring, or any Background Items or other materials or information, which We offer. The chat sessions, Background Items and other information or materials are sold by Us through Our Site and made available by Us on Our Site by means of asynchronous messenger-based chat and downloadable (or other viewable) text, graphics or other video, audio, or other items or information, including Background Items. Service will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any Tutor presenting any content on Our behalf but whether it does or does not do so, We may, if so We decide in our discretion, at any time and without notice substitute any other Tutor(s) who is suitably qualified and experienced;
“Tutor” means the tutor, instructor, teacher, coach, mentor, or other individual who presents the Service and/or who interacts with You online during any session of Service;
“We/Us/Our” means Haay Learning Limited.
2. Information About Us
2.1 Our Site is operated by Haay Learning Limited, a company registered in Ireland under 697316 whose registered address is AMESBURY, 8 SILCHESTER COURT, CO. DUBLIN, A96 W6Y6, DUBLIN, DUBLIN, A96 W6Y6, IRELAND.
3. How to Contact Us
To contact Us, please email Us at email@example.com.
4. Changes to this Policy
4.1 We may alter the terms of this Policy at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our Site constitutes your acceptance of this Policy. Consequently, any changes made to this Policy will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
4.2 If any part of the current version of this Policy conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
5. Acceptable Usage of Our Site
5.1 You may only use Our Site in a lawful manner:
a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b) You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent;
c) You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind;
d) You must not use Our Site to knowingly send, upload, or in any other way transmit unauthorised or unsolicited marketing or similar material (commonly referred to as “spam”);
e) You must not use Our Site to bully, threaten, harass, intimidate, insult, annoy, alarm, inconvenience, upset, or embarrass another person;
f) You must not use Our Site to harm or attempt to harm minors in any manner; and
g) You must not use Our Site, submit User Content, or communicate in any way using Our Site that does not comply with the content standards set out below in Part 7.
6. Interactive Services
6.1 The following interactive services are available on Our Site:
a) Messenger-based private tuition.
6.2 If We provide any kind of interactive service, clear information will be provided about that service. In particular, We will inform you of any moderation and whether that moderation is automated or carried out by people. Please refer to Part 6.6, below for further information.
6.3 We use reasonable efforts to carry out risk assessments for any interactive services that We may offer in order to determine the risks posed to Users from third parties and, on the basis of those risk assessments, decide whether to implement moderation and, if so, what kind.
6.4 Notwithstanding Part 6.3, We are under no obligation to monitor, moderate, or in any other manner oversee any interactive services provided on Our Site. We hereby exclude any and all liability for any loss or damage arising out of the use of such interactive services by a User who breaches the content standards set out below in Part 7, whether We monitor the interactive service or not.
6.5 Minors may not use the interactive service(s) provided on Our Site. Service is intended for access and use only by a person who is aged 18 or over, and only a person of that age can set up an account and login.
6.6 All User Content exchanged via Our Site’s messenger-based service are visible to Our employees for the purpose of – but not limited to – risk assessment, product development, trust & safety, and market research.
7. Content Standards
7.1 When communicating via Our Site, uploading User Content, or otherwise interacting with Our Site, you must not submit, communicate, or otherwise do anything that:
a) is sexually explicit;
b) in any way sexualises minors (including, but not limited to, child sexual abuse material); c) is obscene, deliberately offensive, hateful, or otherwise inflammatory;
d) promotes violence;
e) promotes, encourages, incites, or supports acts of terrorism;
f) promotes or assists in any form of unlawful activity;
g) is defamatory of another person;
h) bullies, insults, intimidates, or humiliates another person;
i) discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
j) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
k) is calculated or otherwise likely to deceive;
l) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
m) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
n) implies any form of affiliation with Us or any other party where there is none;
o) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party;
p) is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.
7.2 When communicating via Our Site, uploading User Content, or otherwise interacting with Our Site, you must ensure that your communication or submission:
a) is truthful and accurate (where you are stating facts);
b) states only genuinely held opinions; and
c) complies fully with any and all local, national, or international laws and regulations that apply.
8. Breaches of this Policy
a) Suspend or terminate your right to use Our Site;
b) Remove, either temporarily or permanently, your communication , User Content,]or other submission from Our Site;
c) Issue you with a written warning;
d) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
e) Take further legal action against you, as appropriate;
f) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
g) Any other actions which We deem reasonably appropriate (and lawful).
8.2 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 8.1) in response to your breach.
9. Law and Jurisdiction
9.1 This Policy, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Irish law.
9.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 9.1 takes away from or reduces your legal rights as a consumer.
9.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to this Policy or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Ireland.
9.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to this Policy or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Ireland.
10. Content Contributed to the Site
Our Site allows Consumers to share content through the Our Site with other users. Our Site also allows Tutors to share content for Our and Our users’ use in connection with Our Site. In this Agreement we refer to all of this content provided by users as “User Content”.
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide Our Site and Services to users, including to display your User Content in the manner requested by you to operate Our Site and Services. In order for us to make the User Content you contribute available on Our Site for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement. For example, if you publish a video or post a solution, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other users so that they can view that User Content.
Therefore, by contributing User Content to Our Site or creating it on Our Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, in compliance with all applicable laws, and to license or permit others to do so. Our rights under this license remain in place even after termination of this Agreement or your account.
Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services. This license also grants us the right to sublicense that User Content to other users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used. We may from time to time change the manner in which User Content can be used by the Service, and if we do so any license you have granted to us under this Section 19 shall automatically be extended to new uses permitted by the Service, and any our rights under licenses previously granted to us for uses no longer permitted by the Service shall continue as described in this Section 19.
If you contribute User Content to Our Site, it is your responsibility to check Our Site from time to time to review how we permit User Content to be used. You may at any time, on written notice to us, terminate your use of Our Site and this agreement by email to firstname.lastname@example.org. Upon any termination, whether by you or by us, your license of your User Content to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service prior to the termination. For example, if at the time of your termination any User Content you have contributed to Our Site as a Consumer or Tutor, is used, or has been printed by a Consumer for their personal use, or is used by us in promotional materials, those uses may continue until they cease. In particular, if at the time of your termination your User Content has been sublicensed by us to a third party for printing, that sublicense, printing, distribution and sale of printed materials may continue until it terminates according to the terms of our agreement with the third party, and all such printed materials have been sold. Also, if you choose to terminate, while it is not our usual practice, we may retain a copy of the applicable User Content for archival purposes. Finally, if your use of Our Site or this agreement terminates for any reason, or Content is removed from Our Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately. Our Site reserves the right to remove Content at any time, without notice, for any reason, or for no reason, in its sole discretion.
You represent and warrant to Our Site that (a) you are the sole owner, author and copyright owner of User Content you contribute to Our Site or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); © such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this agreement.