This payment policy ("Payment Policy") governs the Payment Services (as defined in the Wetalk Terms) provided by Wetalk to you. Capitalized terms (including the term "Wetalk") used but not defined in this Payment Policy have the meanings ascribed to such terms in our Terms of Service, which is available at www.Wetalk.com/tos (the "Wetalk Terms").
1. Key Terms for Payment Services
"Lesson Fees" or "Package Fees" means the amounts that are due and payable by a Student for confirmed language lessons that have been given by a Teacher. The Teacher alone, and not Wetalk, is responsible setting the amount of the Lesson Fees or Package Fees.
"Service Fees" means the fees Wetalk charges to the Teacher when using Wetalk Connection Services.
"Student Wallet" is the place to show the money that students have and can be used to pay for Teacher Services provided by Teachers, and other services offered by or through the Wetalk Platform.
"Payment Method" means a method or service available on the Wetalk Platform for a Student to purchase lesson or services on Wetalk platforms, such as credit card, debit card, PayPal, etc.
"Teacher Wallet" is the place where Teachers receive payment for Teacher Services.
"Withdrawal Method" means a method or service available on the Wetalk Platform for a Teacher to receive cash in the exchange for teaching services, such as PayPal, and other third party payment providers.
2. Lesson Contract
On Wetalk teachers create their own lessons and set the prices. From what teacher offers, students choose by themselves the suitable lesson in terms of teacher, content, time and price. Once a student books a lesson on a teacher profile, it forms a confirmation of Teacher Service. Upon confirmation of Teacher Services, time, and price by both the Student and the Teacher, such Student and Teacher shall be considered as entering into a contract, pursuant to which the Student agrees to purchase, and the Teacher agrees to deliver, the Teacher Services (the "Lesson Contract"). You agree not to enter into any contractual provisions that conflict with the Wetalk Terms or other Wetalk Policies. The Student and Teacher each covenant and agree to act with good faith and fair dealing in performance of the Lesson Contract. Furthermore, the Student and Teacher each acknowledge and agree that the value, reputation, and goodwill of the Wetalk Platform depends on their performance of the foregoing covenants and agreements. The Student and the Teacher therefore agree that Wetalk has the right to take such actions with respect to the Lesson Contract, including without limitation suspension, termination, or legal actions, as Wetalk in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Wetalk Platform.
3. Financial Terms for Students
For Students, you must use Student Wallet to purchase Teacher Services from a Teacher. Wetalk provides each Student with a Student Wallet to hold the Wetalk Credits.
Students can get a refund in the case when the teacher is responsible for the failure of the purchased lesson.
Students who account is permanently suspended can also get their money back after all of the necessary payments for Wetalk are paid. Transfer fee, if any, will be paid by students.
Third Party Payment Method Fees
When purchasing Wetalk lessons, you may be charged additional fees by the third party that provides the applicable Payment Method. These fees are not under Wetalk's control, and Wetalk disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions, which we recommend that you review before using such Payment Method.
If a Lesson is cancelled properly by the Student, the Student will receive a 100% refund in his/her student wallet.
Confirmation of Completed Lessons
As a Student, when you confirm a Lesson was successful, you confirm that the Teacher has completed the applicable Teacher Services fully and satisfactorily, and you are instructing Wetalk to transfer the applicable tuition fee from your Student Wallet to the Teacher’s Teacher Wallet.
Feedback and Ratings on Lessons
As a Student, when you confirm a Lesson was successful, you may be asked to leave feedback and a rating for the Teacher. Leaving feedback or a rating is optional. However, if you do so, you agree that your feedback must be genuine and honest, and will not commit fraud, spam, insult, harass, threaten, or otherwise misuse the feedback system.
You agree to report violations or abuses of our rating and feedback system by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system.
4. Financial Terms for Teachers
For Teachers, you must use Teacher Wallet to receive payment for Teacher Services from Students. Wetalk provides each Teacher with a "Teacher Wallet" to hold the tuition fee and to convert Wetalk tuition fee to cash.
Accepting Lesson Booking
Teachers will receive lesson booking notice from Students when the Teacher sets available time and opens his lessons. It is the scheduling of available time and the lesson opening that confirms that the Teacher agrees to provide the Lesson to the Student at the date and time as described in the applicable lesson booking notice.
Cancellations of Lesson Invitation
Cancellation of a class booked by a student must be made at least 06 hours in advance from the start time of the class. Within 03 days, only one lesson can be canceled. The student's tuition fee will be refunded to the Student Wallet. If the teacher cancels in the wrong way or cancel the 2nd time onwards within 03 days, it will be counted in the case that the teacher does not attend the class. Teachers who do not attend lessons more than 03 times per week will be warned of account suspension and must write a written explanation to the Wetalk team to consider reactivating the account.
As a Teacher, you acknowledge and agree that Wetalk may in its sole discretion cancel a Lesson Booking pursuant to Wetalk Terms and other Wetalk Policies. You further acknowledge and agree that Wetalk and the relevant Student will not have any liability for such cancellations or refunds.
Wetalk Commission Fees
Wetalk collects commission fees when successful completion of a Lesson is confirmed by the Student. For each successfully completed Lesson, the commission is 25% of the total cost of such Lesson ("Commission Fee") for Basic Teacher and 23% of the total cost of such Lesson for Premium Teacher. The Commission Fee will be deducted upon the transfer of Wetalk Credits to the Teacher's Teacher Wallet.
The balance shown in the Teacher Wallet is the full balance after all fees have been deducted. Amounts may be rounded up or down as described the "Rounding Off" section below.
To the extent any refunds are issued to a Student, no Commission Fees will be charged to the Teacher with respect to the money in Teacher’s Wallet that are refunded back to the Student.
No Circumvention of Commission Fees
Teachers shall not to engage in any action or activity meant to circumvent the Commission Fees, with such actions or activities including, but not limited to, the following: (i) suggesting, soliciting, or accepting payment outside of the Wetalk Platform, or by other means other than through the Payment Services; or (ii) reporting or listing an inaccurate price for a Lesson on the Wetalk Platform, or charging a fee for a Lesson that is different from the amount agreed between Student and Teacher.
Withdrawal of Funds
When withdrawing Wetalk Credits, you may be charged additional fees by the third party that provides the applicable Withdrawal Method. These fees are not under Wetalk's control, and Wetalk disclaims all liability in this regard. Whatever Withdrawal Method you use may be subject to additional terms and conditions, which we recommend that you review before using such Withdrawal Method.
Withholding or Delaying Disbursement of Funds
If Wetalk determines that a Teacher's actions may have resulted or will result in a significant number of disputes, refunds or other claims from Students who purchased such Teacher’s Lessons, Wetalk reserves the right to delay or stop the disbursement of all funds accrued in such Teacher's Teacher Wallet. If Wetalk reasonably concludes that a Teacher has violated the Wetalk Terms or other Wetalk Policies, Wetalk may refuse to disburse the funds accrued in such Teacher's Teacher Wallet and debit such funds from the Teacher Wallet.
The general rule applied by Wetalk is that decimal numbers are rounded to the nearest hundredth.
- If the nearest hundredth is followed by 5, 6, 7, 8, or 9, round the number up. Example: 1.0671 rounded to the nearest hundredth is 1.07
- If the nearest hundredth is followed by 0, 1, 2, 3, or 4, round the number down. Example: 1.0621 rounded to the nearest hundredth is 1.06
Depending on the situation, Wetalk may, in its sole discretion, round up or round down amounts that are payable from or to Teachers or Students to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest penny); for example Wetalk may round up an amount of $175.439 to $175.44, and may round down an amount of $175.434 to $175.44.
5. Lesson Packages
A Teacher may offer Students, and Students may purchase from a Teacher, more than one Lesson in a single package (each such lesson package, a "Lesson Package"). Students are expecting to complete all Lessons in the Lesson Packages within six (6) months of the purchase date (the "Package Expiration Date"). If there are any remaining Lessons that have not been completed on or before the Package Expiration Date, Wetalk will send reminders to both the Student and the Teacher prior to the applicable Package Expiration Date. The Student may extend the Lesson Package on the Student’s Wetalk Account before the applicable Package Expiration Date, but if the Student fails to do so, then all remaining Wetalk Credits in the package will be sent to the Teacher, minus Wetalk's Commission Fees.
Teachers shall be solely responsible for determining their applicable tax related duties in connection with the income obtained from their Teacher Services, and shall also be solely responsible for remitting to the relevant authority any applicable taxes that need to be paid. Wetalk cannot and does not offer tax-related advice to any Members.
7. Wetalk Tuition Fee Policies
7.1 Wetalk Tuition Fee are not Bank Deposits
You acknowledge that: (1) Wetalk is not a bank, and Student Wallets and Teacher Wallets are a payment service rather than a banking service; and (2) Wetalk is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (3) Wetalk IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN STUDENT WALLETS OR TEACHER WALLETS ARE NOT INSURED DEPOSITS.
7.2 Wetalk Tuition Fee Expiration Policy
Money in a Wetalk Account will be valid for so long as the Member remains active on Wetalk. If any Member’s Wetalk Account has been inactive for more than twelve (12) months, the money will expire. Money in the account can be reactivated by contacting Wetalk customer support with a reactivation request, with the condition that the money have been expired for less than 12 months. The money can be reactivated only one time, and will be valid for 12 months after the reactivation.
7.3 Foreign Exchange Risk
Wetalk Tuition Fee are tied to Vietnam Dong. Wetalk is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than Vietnam Dong, nor is Wetalk responsible for currency fluctuations that occur when receiving or sending payment via third party payment services when purchasing lessons or withdrawing a balance from Wetalk’s wallet.
7.4 Wetalk Tuition Fee Limitations
Wetalk Tuition Fee or Money on Wetalk are valid only when purchased on the Wetalk Platform or through authorized Wetalk partners and cannot be exchanged or withdrawn into cash in any form or request without the authorization from Wetalk. Wetalk Tuition Fee in the form of Wetalk gift cards or vouchers cannot be resold or redeemed for cash. Wetalk Tuition Fee redeemed from gift cards or vouchers purchased through unofficial sources or channels are subject to cancellation without notice.
8. Wetalk's Rights Regarding Wetalk Accounts and Funds
8.1 Security and Financial Fraud
As a security measure, Wetalk may impose transaction limits on some or all Students and Teachers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will impose these limits before any services are rendered if we determine it is necessary for security reasons or the prevention of fraud.
Wetalk reserves the right to void lessons purchases if purchases are found to be fraudulent. This includes Wetalk money that have been redeemed from fraudulent Wetalk gift card purchases.
8.2 Reservation of Rights for Erroneous Transactions
Wetalk reserves the right to seek reimbursement from any Teacher or Student, if Wetalk, in its sole discretion, determines that erroneous or duplicate transactions have occurred. Wetalk may obtain such reimbursement by deducting from future payments owed to such Teacher, by reversing any tuition fee amount to such Teacher's Teacher Wallet, or by seeking reimbursement from such Teacher by any other lawful means.
8.3 Prohibition on Friendly Fraud
"Friendly Fraud" is when a person initiates a fraud dispute with a payment provider, claiming that their credit card (or other payment method) was not intended to be used.
This type of behavior is illegal and prohibited by all payment providers. Wetalk also strictly opposes Friendly Fraud. If Friendly Fraud is discovered, the Student's Wetalk Account and Student Wallet will be deactivated, purchased lessons will be confiscated, and the Student will be noted as a financial security risk.
In the case of honest mistakes, Wetalk can reverse the transaction. We strongly advise Students to contact Wetalk Customer Service to resolve any financial disputes.
In addition to complying with the restrictions regarding improper use of the Wetalk Platform described in the Wetalk Terms, you understand and agree that you are solely responsible for compliance with any applicable laws, rules, regulations, and tax obligations that may apply to you in connection with the use of the Payment Services. In addition, you may not and you agree that you will not:
1. Violate any local, state, provincial, national, or other law or regulation, or any order of a court, such as money laundering and internet fraud or theft;
2. Use the Payment Services for any commercial or other purposes that are not expressly permitted by this Payment Policy;
3. Use the Payment Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers, or photographs of others without their permission;
4. Register any Payment Method or Withdrawal Method with your Wetalk account that is not yours or you do not have authorization to use;
5. Attempt to probe, scan, or test the vulnerability of any Wetalk system or network or breach any security or authentication measures;
6. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Wetalk or any other third party (including another Member) to protect the Payment Services;
7. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Payment Services to send altered, deceptive or false source-identifying information;
8. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Payment Services;
9. Use credit cards or other payment methods fraudulently;
10. Advocate, encourage, or assist any third party in doing any of the foregoing.
Wetalk has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in this Payment Policy, Wetalk may take a range of actions against you, including but not limited to limiting access to your Wetalk Account and any associated Payment Services, for a violation of this Payment Policy.
10. Teacher – Student Dispute
In the event of a disagreement between a Teacher and a Student, Wetalk encourages the Teacher and Student to communicate directly and attempt to resolve the disagreement. If a Teacher and Student are unable to resolve a disagreement and Wetalk is asked to mediate, Wetalk may request that the Teacher and Student both provide communication records regarding the dispute, which should show all key relevant information including the time, date and communication details. Although Wetalk will attempt to evaluate the dispute on an impartial basis, Wetalk will have the authority to resolve the dispute in its sole discretion, and Wetalk’s resolution of the dispute will be final. As a result, Wetalk shall have the right, in its sole discretion:
1. To transfer tuition fees, offer a refund, or reverse a transaction.
2. To designate who shall bear the Commission Fee resulting from any such actions.
11. Contacting Customer Service
If you wish to report a violation of this Payment Policy, have any questions or need assistance, please contact Wetalk Customer Service as follows:
- Online Support: https://wetalk.school/support
- Email: firstname.lastname@example.org