Thank you for using Suyomano!
These Terms constitute a legally binding agreement (“Agreement”) between you and Suyomano governing your access to and use of the Suyomano Platform.
1. Scope of Suyomano Services
1.1 The Suyomano is an online platform that enables registered users (“Members”) and third parties who offer their sevices (“Experts”) to publish such services on the Suyomano Platform (“Classes”) and for Members who are seeking to book such classes to transact directly to Experts through the Suyomano platform.
1.2 As the provider of Suyomano platform, Suyomano does not own, create, or supply any Classes. Experts alone are responsible for their Classes. When a Member books a Class, the Member and Expert are entering into a contract directly which each other. Suyomano is not a party in any contractural relation between Members and Experts.
1.3 As an Expert, your relationship with Suyomano is limited to being an independent, third party contractor, and not an employee, agent or partner of Suyomano for any reason.
1.4 To increase exposure of Suyomano Platform, Classes may be displayed on other websites, apllications, emails, and social media.
1.5 Suyomano cannot guarantee the continous and uninterupted availability and accessibility of the platform due to the nature of the internet.
2. Member Verification and Account Registration
2.1 For you to be able to use the Suyomano platform or to be a Member, you must be an individual at least 18 years old.
2.2 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity.
2.3 You must register as a Member to access and use certain feautres of Suyomano Platform.
2.4 You can register as a Member using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google.
2.5 You must provide accurate, current and complete information during the registration process.
2.6 You are responsible for maintaining the confidentiality and security of your Member Account credentials and may not disclose your credentials to any third party. You must immediately notify Suyomano if you know or suspect that your credentials have been lost or stolen. You are liable for any and all activities conducted through your Member Account.
3. Service Fees
3.1 Suyomano will charge fees to Experts (“Hosting Fee”) in consideration of using the Suyomano Platform. Hosting fee will be based on the Agreement between Suyomano and the Experts.
3.2 All Fees (including any applicable Taxes) will be displayed to an Expert or Members prior to publishing or booking a Listing. Suyomano reserves the right to change the Service Fees at any time, and will provide Experts adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
3.3 The applicable Fees (including any applicable Taxes) are collected by Suyomano and will be deducted from the Expert’s payout.
4. Terms specific for Experts
4.1 To list a Class, the Expert must submit initial requirements to Suyomano. The Class must all times meet the Quality Standards of Suyomano. Suyoman has the right to decide, in its sole discretion, if the Clas submitted will be published in the Suyomano Platform.
4.2 The Expert must, where applicable, fully educate and inform Members about (i) any risks inherent to the Class, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Class.
4.3 Once Class is published, you will have the ability to add dates and times when you offer your Class through the Suyomano Platform. By making your Class available for a particular date and time on the Suyomano, you agree that only people who book through Suyomano can attend that Class. You further agree that you will not allow people to attend any Class on the Suyomano Platform unless that person booked through Suyomano.
4.4 Experts alone are responsible for the Class. Suyomano merely provides the Suyomano Platform and is not itself an operator or provider of the Class.. Suyomano does not own, sell, resell, furnish, provide, manage and/or control any such Class. Suyomano’s responsibilities are limited to making the vetting and listings of Classes through the Suyomano Platform.
4.5 Experts are responsible for acquiring all equipment, including supplies, and other materials(“Equipment”) necessary to host the Class. You are solely responsible for ensuring that the Equipment used in your Class is in good working order
4.6 Experts must provide the Class in person and may not allow any third party to provide the Class on your behalf.
5. Terms specific for Guests
5.1 Subject to meeting any requirements (such as completing any verification processes) set by Suyomano, you can book a class available on the Suyomano Platform by following the respective booking process. All applicable fees will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Suyomano Account.
5.2 Upon receipt of a booking confirmation from Suyomano, a legally binding agreement is formed between you and your Expert, subject to any additional terms and conditions of the Expert that apply.
5.3 If you book a Class on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Expert, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Expert. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in a Class if accompanied by an adult who is responsible for them.
5.4 Members should carefully review the description of any Class you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Expert has specified.
5.5 Before and during a Class, Members must at all times adhere to the Experts’ instructions.
5.6 Members may not bring any additional individuals to a Class.
6. Terms specific for Affiliates
6.1 The Marketing Affiliate Program Agreement applies to your participation in our Marketing Affiliate Program (the “Affiliate Program”). These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.
We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms we will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.
“Suyomano Affiliate” means a company owned, operated or controlled by Suyomano.
“Marketing Affiliate Program” means our marketing affiliate program as described in this Agreement.
“Affiliate Lead” means a customer prospect who clicks on the Affiliate Link that we have made available to you via the Affiliate Tool.
““Affiliate Link” means the unique tracking link you place on your site or promote through other channels.
“Affiliate Policies” means the policies applicable to affiliates which we may make available to you from time to time.
“Affiliate Tool” means the tool that we make available to you upon your acceptance into the Affiliate Program and for you to use in order to participate in the Affiliate Program.
“Commission” means an amount described on the Program Policies Page for each Customer Transaction.
“Customer” means the authorized actual user of the Suyomano Products who has purchased the Suyomano products after being an Affiliate Lead.
“Customer Transactions” means those transactions by Affiliate Leads that are eligible for Commission pursuant to the ‘Customer Transactions’ section of this Agreement.
“Customer Data” means all information that Customer submits or collects via the Suyomano Products and all materials that Customer provides or posts, uploads, inputs or submits for public display through the Suyomano Products.
“Suyomano Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into our services.
“Suyomano Products” means both the Subscription Service and Other Products.
“Program Policies Page” means the landing page: https://suyomano.com/terms-and-conditions/ where we will provide all the up to date guidelines and policies for the Affiliate Program.
“You” and “Affiliate” means the party, other than Suyomano, entering into this Agreement and participating in the Affiliate Program.
This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.
6.4 Affiliate Acceptance
Once you complete an application to become an Affiliate, you are automatically accepted to participate in the Affiliate Program. Audit arise from time to time and if the auditor, whether system or person, flags your account for suspension for any reason your account may be automaticall held and our operations team shall contact you.
Upon registration, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below. Further, you will need to complete any enrollment criteria set out in the Program Policies Page, if applicable. Failure to complete any enrollment criteria within thirty (30) days of your acceptance will result in the immediate termination of this Agreement and you will no longer be able to participate in the Affiliate Program.
6.5 Affiliate Program Limits
Each accepted Affiliate Lead will expire according to the information provided on the Program Policies Page. from the date the Affiliate Lead clicked on the Affiliate Link that was made available by you. We will pay you Commission for each new Customer who completes a Customer Transaction after clicking on an Affiliate Lead made available by you, provided that you remain eligible to receive Commission pursuant to the terms of this Agreement. You will receive a Commission payment for that Customer Transaction only, regardless of any additional purchases made by that customer.
To be eligible for Commission (i) an Affiliate Lead must be accepted and valid in accordance with the ‘Acceptance and Validity’ section e.g. Paypal Account, (ii) a Customer Purchase Transaction must have occurred
6.7 Acceptance and Validity
You will only be eligible for a Commission payment for any Customer Transactions that derived from Affiliate Leads generated by the Affiliate Link that we make available to you and are accepted by Suyomano. An Affiliate Lead will be considered valid and accepted if, in our reasonable determination: (i) it is a new potential customer of ours, and (ii) is not one of our pre-existing customers, or involved in our active sales process.
Notwithstanding the foregoing, we may choose not to accept an Affiliate Lead in our reasonable discretion.
6.8 Commission and Payment
Requirements for Payment; Forfeiture. In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement (generally completed through the Affiliate Tool); (ii) completed all steps necessary to create your account in the Affiliate Tool in accordance with our directions, (iii) have a valid and up-to-date PayPal account and updated the Affiliate Tool with such account (iv) completed any and all required tax documentation in order for Suyomano to process any payments that may be owed to you.
Customer or Admin refunded payment transactions shall not be counted in the commission.
The standard affiliate commission rate is 4% of the product price, subject to change any time during the course of the customer and sales journey. Affiliate campaigns and other marketing campaigns may affect the standard affiliate commission rate.
6.9 Commission Payment
We will pay the Commission amount due to you within sixty (60) days after the end of each fiscal quarter for any Commission amounts that you become eligible for according to the Eligibility section above. We will determine the currency in which we pay the Commission, as well as the applicable conversion rate. We will not pay more than one Commission payment or other similar referral fee on any given Customer Transaction (unless we choose to in our discretion).Taxes. You are responsible for payment of all taxes applicable to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.Commission Amounts. We reserve the right to alter or change the Commission amount. We will post all information regarding the Commission amount on the Program Policies Page.
6.10 Training and Support
We may make available to you, with or without charge, various webinars and other resources made available as part of our Affiliate Program. If we make such resources available to you, you will encourage your sales representatives and/or other relevant personnel to participate in training and/or other certifications as we recommend and may make available to you from time-to-time. We may change or discontinue any or all parts of the Affiliate Program benefits or offerings at any time without notice.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of the Affiliate Tool, or (e) our use of the Affiliate Marks. We will: notify you in writing within ninety (90) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
6.12.1 Disclaimer of Warranties. WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SUYOMANO PRODUCTS, SUYOMANO CONTENT, THE AFFILIATE PROGRAM OR THE AFFILIATE TOOL FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) AND THE AFFILIATE TOOL MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUYOMANO PRODUCTS AND AFFILIATE TOOL ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SUYOMANO PRODUCTS AND THE AFFILIATE TOOL INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6.12.2 No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
6.12.3 Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
6.12.4 Test Portal. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THE TEST PORTAL THAT YOU USE. WE DO NOT PROMISE TO MAKE THE TEST PORTAL AVAILABLE TO YOU, AND WE MAY CHOOSE TO DO SO, OR NOT TO DO SO, IN OUR DISCRETION.
6.12.5 Cookie Duration. COOKIES USED AS PART OF THIS AFFILIATE PROGRAM MAY HAVE A 90 DAY DURATION. IF A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, SUYOMANO SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY HAVE BEEN OWED TO YOU.
6.13 Applicable Law
This Agreement shall be governed by the laws of the Republic of the Philippines.
6.14 Force Majeure
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
7. Booking Modifications, Cancellations and Refunds
7.1 Members are responsible for any modifications to a booking that they make via the Suyomano Platform or direct Suyomano customer service to make Booking Modification, and agree to pay any additional Fees with such Booking Modifications.
7.2 Guests can cancel a confirmed booking seven (7) days before the class without imposing any penalties. Beyond this, the booking is confirmed unless extenuating circumstances exists.
7.3 If an Expert cancels a Class, the Member will receive a full refund of the Total Fees for such booking.
7.4 In certain circumstances, Suyomano may decide, in its sole discretion, that it is necessary to cancel a Class corresponding refunds and payouts.
7.5 After each Class, the Members are allowed 24 Hours to make a dispute based the quality of the Class. After 24 hours, the transaction between the Expert and Members are considered consumated.
8. Ratings and Reviews
8.1 Within a certain timeframe after completing a booking, Members can leave a public review and submit a star rating about the Expert and the Class. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Suyomano. Ratings and Reviews are not verified by Suyomano for accuracy and may be incorrect or misleading.
8.2 Ratings and Reviews by Members must be accurate and may not contain any offensive or defamatory language.
8.3 Experts are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Experts.
9.1 As an Expert you are solely responsible for determining your obligations to report, collect, remit or include in your Fees any applicable Taxes.
9.2 Tax regulations may require us to collect appropriate Tax information from Experts, or to withhold Taxes from payouts to Experts, or both. If an Expert fails to provide us with the required documentation under applicable law (e.g., TIN) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to an Expert, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
10. Prohibited Activities
10.1 Members and Experts are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Suyomano Platform. In connection with your use of the Suyomano Platform, you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations;
use the Suyomano Platform for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access or use any information, including personally identifiable information about any other Members;
use the Suyomano Platform in connection with the distribution of unsolicited commercial messages (“spam”);
contacting Members for any purpose other than asking a question related to a your Class, or the Member’s use of the Suyomano Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites;
use the Suyomano Platform to request, make or accept a booking independent of the Suyoano Platform, to circumvent any Fees or for any other reason;
request, accept or make any payment for Classes outside of the Suyomono Platform;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
use, display, mirror or frame the Suyomano Platform or any individual element within the Suyomano Platform, Suyomano’s name, any Suyomano trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Suyomano Platform, without Suyomano’s express written consent;
dilute, tarnish or otherwise harm the Suyomano brand in any way;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Suyomano Platform;
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
10.2 Members and Experts acknowledge that Suyomano has no obligation to monitor the access to or use of the Suyomano Platform by any Member, but has the right to do so to (i) operate, secure and improve the Suyomano Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Suyomano in good faith, and to provide Suyomano with such information and take such actions as may be reasonably requested by Suyomano with respect to any investigation undertaken by Suyomano or a representative of Suyomano regarding the use or abuse of the Suyomano Platform.
10.3 If you feel that any Member or Expert you interact with, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) engages in any other disturbing conduct, you should immediately report such person to Suyomano by contacting us.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Suyomano Platform. You may submit Feedback by emailing us, through the contact section of the Suyomano Platform. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.