Student - Teacher Contract

Last modified: June 2024

Standard Contract Between Student and Teacher

  1. Introduction: This Standard Contract between Student and Teacher (“this agreement”) sets out the terms which govern each transaction between a Student and a Teacher on Knewio
  2. When does this agreement apply? Each time a Student/Teacher Transaction is initiated on Knewio, this Standard Contract between Student and Teacher will apply to the exclusion of any other terms which the Student or Teacher may propose, and this Standard Contract between Student and Teacher will legally bind the Student and Teacher participating in the Student/Teacher Transaction.
  3. Parties: The only parties to this agreement are the Student and Teacher participating in the Student/Teacher Transaction. Neither Knewio Limited nor any of its subsidiary companies is a party to this agreement and neither Knewio Limited nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Student/Teacher Transaction, except that Knewio Limited or any of its subsidiary companies may act as a payment intermediary in accordance with the Teacher’s and Student’s instructions set out in section 5 of this agreement.
  4. Interpretation: In this agreement, defined terms have the following meanings:
    1. “Knewio” means the website accessed via the URL https://knewio.com or via any web browser;
    2. “Content” means any material uploaded to Knewio by any User (whether a Teacher or a Student), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
    3. “Teacher” means a User who has set up their Knewio account as a Teacher account to post Content on Knewio to be viewed by other Users;
    4. “Student” means a User who follows a Teacher and is able to view the Teacher’s Content;
    5. “Student/Teacher Transaction” means any transaction between a Student and a Teacher on Knewio by which access is granted to the Teacher’s Content, including in any of the following ways: (i) a Subscription, (ii) payments made by a Student to view a Teacher’s pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Student to use the student interaction function on a Teacher’s account;
    6. “Student Payment” means (i) any and all payments made by a Student in respect of any Student/Teacher Transaction, and (ii) any and all tips;
    7. “Knewio Fee” means the fee charged to Teachers in accordance with section 5 of the Knewio Terms of Use for Teachers;
    8. “Subscription” means a Student’s subscription to a Teacher’s account.
  5. Pricing and payment: By entering into a Student/Teacher Transaction, the Student agrees to pay the Student Payment applicable to the relevant Student/Teacher Transaction in accordance with the pricing published in the Teacher’s account. The Student and Teacher participating in the Student/Teacher Transaction authorise Knewio Limited or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Student Payment, to deduct the Knewio Fee, and to pay out the sums due to Teachers, as described in the Knewio Terms of Service.
  6. License of Content: Once the Student has made the Student Payment for a Student/Teacher Transaction, the Teacher grants to the Student a limited license to access the applicable Content of that Teacher to which the Student/Teacher Transaction relates (the “Relevant Content”). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Student to access and view the Relevant Content on the Student’s personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Student’s accessing the Content (i.e. caching)), in accordance with the Knewio Acceptable Use Policy.
  7. Ownership of Content: The Student participating in the Student/Teacher Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Student acquiring any rights in or to the Relevant Content, which rights shall be retained by the Teacher that created the Relevant Content.
  8. Expiry of license: The license granted to a Student in relation to the Relevant Content will expire automatically without notice in the following circumstances:
    1. if the Student Payment related to the Student/Teacher Transaction was unsuccessful, or is charged back or reversed for any reason;
    2. in respect of pay-per-view Content, once the Student has completed viewing the Content;
    3. in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in section 7.6 of the Knewio Terms of Use for Students;
    4. if the Student’s User account is suspended or terminated for any reason;
    5. if the Student acts in breach of the Knewio Acceptable Use Policy(whether in relation to the Relevant Content or at all);
    6. if the Content is removed from the Teacher’s account;
    7. if the Student closes their Knewio User account.
  9. Cancellation and refunds: In respect of every Student/Teacher Transaction:
    1. The Student acknowledges that the Student/Teacher Transaction will result in a supply of the relevant Content to the Student before the end of the period of 14 days from the date when the Student/Teacher Transaction is entered into, and the Student gives his or her express consent to this and confirms to the Teacher that he or she is aware that any statutory right to cancel the Student/Teacher Transaction which the Student has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
    2. This agreement does not affect any statutory right to receive a refund from the Teacher which a Student may have under the Consumer Rights Act 2015 or any other applicable law.
  10. Obligations between Teacher and Student: In respect of every Student/Teacher Transaction:
    1. The Student and the Teacher participating in the Student/Teacher Transaction agree to comply at all times with the Knewio Acceptable Use Policyin relation to the Relevant Content, including when accessing, viewing and interacting with it.
    2. The Student participating in the Student/Teacher Transaction agrees to make the Student Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Student disputes the Student/Teacher Transaction in good faith.
    3. The Teacher participating in the Student/Teacher Transaction agrees to make the Relevant Content available to the Student once the Student has made the Student Payment applicable to the Relevant Content.
    4. The Teacher warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Student in the territory in which the Student will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 6 of this agreement.
    5. The Teacher is solely responsible for creating and uploading the Relevant Content. The Teacher provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
    6. Unless there has been negligence or other breach of duty by the Teacher, the accessing by the Student of the Teacher’s Content is entirely at the Student’s own risk.
  11. No guarantees: The Student participating in the Student/Teacher Transaction acknowledges that Teachers may add and remove Content at any time from their Teacher account, and that Teachers have the discretion to decide what sort of Content to make available on their account. In addition, the Student participating in the Student/Teacher Transaction acknowledges that there may be circumstances where it is not possible for the Student to access to Relevant Content to be provided under the Student/Teacher Transaction, including:
    1. if the Teacher’s account is suspended or deleted;
    2. if the Student’s account is suspended or deleted;
    3. if the availability of all or any part of Knewio site is suspended or inaccessible; or
    4. if the Teacher is unable to create or upload Relevant Content in the future.
  12. Terms relating to disputes:
    1. This agreement is governed by English law and English law will apply to any claim that arises out of or relates to this agreement. The Student will also be able to rely on mandatory rules of the law of the country where he or she lives.
    2. Where claims can be brought:
      1. If this agreement is with a Student resident in the United Kingdom or the European Union, any claim under this agreement may be brought in the courts of England and Wales or the courts of the country where the Student lives.
      2. If this agreement is with a Student resident outside of the United Kingdom or the European Union any claim under this agreement must be brought in the courts of England and Wales, unless the Student and Teacher otherwise agree.

Last updated: September 2022