Last updated: 10/23/2022
Welcome to Let’s Shake Hands!
Account shall mean a personal account of the User on the App using which the User may access and use the functionality of the App.
Application shall mean a request left by the Student through the App functionality for a lesson in a subject and in the time slot available and selected by the Student to receive private individual classes with the Mentor.
Mentor shall mean any person who has accepted these Terms and created a Mentor Account in the App.
Student shall mean any person who has accepted these Terms and created a Student Account in the App.
User (Mentor or Student) shall mean a person who has signed up to the App and enjoys the functionalities of our App and Website and/or contacts us via our social media accounts, email for assistance, or leaves the feedback regarding our App or Website while having an account in the App.
Visitor shall mean a person who visits the Website and/or submits personal data via the Website’s contact form or otherwise without having an account in the App.
Wherever used in these Terms, “you”, “your” or similar terms shall mean the person whether solely visiting our Website or accessing and using the App.
By installing the App and accessing our Website, you hereby declare, confirm, and warrant that:
2.2. Changes to the Terms
In order to improve the quality of the functionality of the App and the Website and to comply with the applicable legal requirements, we may modify, amend or replace these Terms by posting a revised version on the Website and in the App, at any time and at our sole discretion. The new version of the Terms comes into force from the moment it is posted on the Website and/or the App unless otherwise determined by the new version of the Terms.
Unless the amendments are minor without having a material effect on your and/or our obligations, we will make reasonable efforts to inform you in advance of any material changes, but it is your responsibility to review the Terms from time to time and keep yourself updated. Continued use of the App and/or Website after changes come into force will indicate your acknowledgement and agreement to be bound by the revised Terms.
If the User refuses to accept the new version of the Terms, the User obliges to delete its Account in the App and stop using the website.
2.3. Acceptance of the Terms
By using the App and/or the Website, the User confirms that it is fully acquainted with these Terms and accepts them. If the User does not fully or partially agree with the provisions of these Terms, the User shall not visit or use the App and/or the Website.
Acceptance means full and unconditional agreement with all provisions of these Terms and Annexes (if any) without reservations and exceptions by ticking the appropriate box during the registration of the Account. Acceptance also means the fact of using the App and/or the Website, including, but not limited to, creating an Account, submitting Applications, leaving feedback on the App and/or the Website about Mentors, or performing any other actions using the functionality of the App and/or the Website, including after making any changes to these Terms and/or their appendices (if any).
3. The use of the App
Let’s Shake Hands provides you with the opportunity to use all the functionalities of the App as the Mentor or the Student in the manner and under the terms defined herein.
When you act as a Visitor, you may familiarise yourself with information that is publicly available on the Website. However, you will need to register an Account to get access to the App’s functionalities.
After completing the authentication process, the Visitor acquires the status of the User. When you register in the App you may choose between the Mentor and the Student type of Account depending on your role.
Student gets access to the following functionalities:
The Mentor gets access to the following functionalities:
LSH ACTS SOLELY AS AN INFORMATION PLATFORM PROVIDING THE SERVICES LISTED IN THIS SECTION. THE COMPANY IS NOT INVOLVED IN THE PROVISION OF SERVICES BY THE MENTOR. THE COMPANY IS NOT A PARTY TO ANY AGREEMENTS CONCLUDED BETWEEN USERS, AND THEREFORE IS NOT RESPONSIBLE FOR THE PROVISION OF SERVICES BY THE MENTOR. ANY PAYMENT FOR MENTOR’S SERVICES IS NOT FORESEEN BY THE FUNCTIONALITY OF THE APP AND IS STRICTLY FORBIDDEN.
THE COMPANY IS NOT ACTING AS AN AGENT OR EMPLOYEE OF THE STUDENT OR THE MENTOR IN THE ARRANGEMENT AND PERFORMANCE OF LESSONS AND HAS NO AUTHORITY TO ACT ON BEHALF OF THE STUDENT OR THE MENTOR.
Please note that we may, at our discretion, amend the scope of the functionalities, as well as discontinue, or temporarily suspend the App, modify, adapt, improve, or enhance the App at any time without prior notice. Any such updates or changes will be deemed part of the App and subject to these Terms.
4.1. Account Registration
You shall provide reliable, complete and accurate information during Account registration and keep your data up to date and complete. You are obliged to make appropriate changes to the Account information within a reasonable period of time after your data changes (e.g., email address). We reserve the right to change the registration form and add new fields and accordingly, therefore, require you to provide additional information to keep your Account active.
Users are not permitted to create two or more Accounts.
4.2. Registration of minors
The Student must be at least sixteen (16) years old to register an Account. The Student acknowledges and warrants that it has all the rights, authority and ability to enter into and comply with these Terms.
Where you are a child under 16 in the EU, we need the consent of your parent (or another holder of parental responsibility, legal guardian) to allow you to use our App.
Children can use our App and we may ask their parents or other responsible adults who have responsibility for their wellbeing and best interests under the law (legal guardians) for consent to processing personal data of a minor (age, name, grade level, language of education) within the App.
If you are a parent of a minor, you may register an Account in the App for a child. Please note that if you are registering an Account in the App for a child, you have to make sure to register an Account using your own accounts (for signing up) and your contact details for communication.
Accordingly, we strongly advise you, if you are a child under EU law, never to register an Account on your own or provide any personal data to our Company without your legal guardian’s consent.
LSH reserves the right to ask for confirmation of your age or request a new parental consent in case of doubt at any time.
In case of doubt about the validity of consent given, our support team may suspend the relevant user account until the circumstances have been clarified.
4.3. Account Deletion
If the User’s Account is deleted, all planned lessons will be cancelled. If Mentor’s Account is deleted, all available time slots will be cancelled.
4.4. Blocking of the Account
We reserve the right to block or delete your Account in case of violation of these Terms, other documents governing the legal relationship between you and LSH, and/or law requirements. We may also block your Account on the basis of the other User’s complaint.
There are the following reasons for filing a complaint:
If the User’s Account is blocked, all planned lessons will be cancelled. If Mentor’s Account is blocked, all available time slots will be cancelled.
In case of blocking or deletion of the Account, the Company may notify the User of the fact and reasons for such restriction prior to or at the moment of the relevant actions.
The Company is obliged to inform about the content of the complaint of the App User if the restrictions in the use of the App were imposed due to this reason.
The User may provide the Company with evidence of elimination of the reasons for restrictions in the use of the App, based on which the Company reserves the right to unblock or restore the Account.
5.1. Contact details
The Student, after submitting the Application to the Mentor, gets access to Mentor’s contact details, which allows the Student and the Mentor to communicate with each other. Mentor receives Student’s contact details after Student’s submission of the Application. Contact details may include email, phone number or messenger. Either Student or Mentor may contact the other party first.
The Parties understand that any communication concerning lessons shall be carried out on a third-party platform or messenger outside the App. The Сompany does not moderate or perform editorial control over any content and communication sent by the users outside the App (e.g. by telephone, email, or any other means of communication). Therefore, the company is not and shall not be held liable for any content, communication and implications of communication between the Users outside the App.
PLEASE BE NOTED THAT WE ARE NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OR HARM CAUSED VIA SUCH COMMUNICATION.
During communication via messenger, email, by telephone or any other method of communication the Mentor and the Student agree on the convenient method of holding the lesson and the third-party platform, where it will be held. We do not control such lesson programs and the Mentor performance. THEREFORE, WE ARE NOT AND WILL NOT BE HELD LIABLE FOR ANY CONSEQUENCES OF THE LESSON OR ITS FAILURE AND EXPRESSLY DISCLAIM ANY GUARANTEE OF THE QUALITY OF THE LESSON AND ITS COMPLIANCE WITH YOUR EXPECTATIONS.
6. Fees and Payment
All lessons provided by Mentors are provided on a voluntary basis. No payments for such lessons are needed.
All lessons should be free of charge and Mentors should not demand payment for their services. If such cases are detected, the Mentor will be banned and lose access to the Account. Please notify us immediately if you are aware of any cases where the Mentor is demanding money for the provision of lessons.
After every class, Students can rate Mentors on a scale from 1 to 5 with 1 being the lowest and 5 being the highest. On the basis of these grades, a Mentor rating is formed. An average of those ratings is associated with a Mentor’s account as its rating and can be displayed to other Users.
Mentors can also be assigned different in-App levels depending on the number of lessons they have conducted.
MENTOR UNDERSTANDS THAT MENTOR’S ACCOUNT INFORMATION (INCLUDING, BUT NOT LIMITED TO, RATING) IS AVAILABLE FOR ALL THE USERS.
8. Access to the App
8.1. Licensing terms
As long as you comply with these Terms and other rules provided to you by LSH, we grant you a worldwide, limited, nonexclusive, non-transferable, non-sublicensable, revocable right to access and use our App and the Website for your benefit only solely for the internal non-commercial purposes of enhancement of Student’s school study, as provided in these Terms.
You agree that you will not copy, reproduce, modify, create derivative works from, or distribute any part of our App and the Website. Access to and use of the App and the Website does not give you any ownership of, or any other intellectual property interest in any part of the App and the Website or any content including any specific functionalities and technologies of the App and the Website (including past, present and future versions).
The licence is only active while you use the App and the Website and keep your Account active. The licence shall expire immediately upon failure to comply with these Terms or your deletion of the Account.
All rights not expressly granted to you are reserved by us and/or our licensors and other third parties.
8.2. Unavailability of the Website or the App
We use reasonable efforts to provide our Website and App on a permanent basis and without interruptions, but we expressly disclaim any liability with regard to possible unavailability of the Website or some functionalities.
Except for any planned or unscheduled maintenance, access to the Website and/or the App may from time to time be unavailable, delayed, limited or slowed due to, among other things: servers, networks, telecommunication lines and connections, hardware (including your own device) failure; software failure (e.g. bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of screening programs, unreadable codes); overload of system capacities; governmental or regulatory restrictions, court decisions or other external intervention; damage caused by natural disasters, wars, insurrection, riots, civil commotion, accident; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.
9. Your use of the App
9.1. Lawful Use
You agree to use the Website and the App in compliance with these Terms and applicable local, national, international laws and regulations. You warrant that your use of the App does not infringe any third-party intellectual, privacy or other rights. You also agree to comply with data protection laws within any applicable jurisdiction when using our Website and/or App.
We are not and shall not be held responsible for your use of the Website and/or the App in a way that violates the law. Any fraudulent, abusive, or otherwise illegal activity may be grounds for closure of your Account or suspending your access to the Account.
You are only allowed to use the App particularly solely for your non-commercial purpose.
9.2. Prohibited Use
By using the Website and/or the App, you agree not to (nor attempt to, nor allow any third party to):
We reserve the right to suspend or terminate your Account without prior notice, if we, at our sole discretion, believe that you have engaged in any of the actions stated above or any fraudulent or abusive use, or misuse, of the Website and the App.
The unauthorised or illegal use of the App or any other breach of the Terms will be investigated and appropriate legal action, including, in particular, civil, criminal or other legal proceedings, may be applied to you.
10. Intellectual Property
Access to and use of the Website and the App does not give you any ownership of, or any other intellectual property interest in any part of the Website, the App or any content including any specific functionalities and technologies of the App (including past, present and future versions). Access to and use of the Website and the App also App does not give Students any ownership of any materials provided by Mentors.
LSH and its products, related graphics, trademarks, logos, information, design, text, page content, visual interfaces, interactive features, button icons, scripts, compilations, source and object code and other matters to the Website and the App, as well as service names included in or made available through the Website and/or the App (“LSH IP”) are owned and controlled by us or one of our affiliates or are licensed to us AND protected under applicable laws of the Kingdom of Spain and international copyright, trademark, trade dress, patent, and other intellectual property rights laws and regulations to the fullest extent possible. The copying, redistribution, use or publication by you of any part of the LSH IP, unless expressly permitted in these Terms, is prohibited.
Except for the limited licence granted to you to use the App under Section 6 hereof we do not grant or assign to you any licence, right, title, or interest in or to the App or any associated intellectual property rights.
11. Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND THE APP, INCLUDING CODE AND REPORTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO COMMITMENTS OR WARRANTIES ABOUT:
WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT REPRESENT OR GUARANTEE THAT THE APP AND WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION AND DISCLAIM ANY LIABILITY RELATING THERETO.
WE SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS WITH THE ACCOUNT, WEBSITE, AND APP.
WE DO NOT PRE-CHECK OR VERIFY MENTOR’S QUALIFICATION AND DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE VET THE MENTOR. WE DO NOT CHECK THE QUALIFICATIONS OF MENTORS OTHERWISE AS BASED ON RATING AND THEREFORE EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATIONS FOR THE ACCURACY, COMPLETENESS, AND RELIABILITY OF THE MENTOR’S QUALIFICATION.
WE EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATIONS FOR THE CORRECTNESS OF USER’S CONTACT DETAILS AND AVAILABILITY OF MENTORS.
12. Limitation of Liability
To the maximum extent permitted by applicable law, we are not liable whatsoever for your use of the Website and the App. You understand and agree that we are not and shall not be liable for any consequential, indirect, special, incidental or other loss or damages, as well as loss of profits, loss of business, litigation costs or any other losses arising out of or caused by your use of or inability to use the Website and the App, whether based on warranty, contract, tort or any other legal theory, even if we know or has been advised on the possibility of such damage or loss. We are not liable for any third party’s claims of any nature.
No information you obtain from us or through our Website and/or App shall create any warranty or representation not expressly set forth in these terms and conditions. We are not responsible for any failure or delay arising from any cause beyond our reasonable control.
We are not and shall not be responsible for:
You understand and agree that the Website and the App may contain links to third-party websites that we do not own or control. You access these third-party services at your own risk. While using these third-party services you are solely responsible for familiarising yourself with the terms and conditions of such third-party services. We are not a party to such agreements and they are solely between you and the third party.
Limitations of liability do not purport to limit liability or alter your rights that cannot be excluded under applicable law.
13. Disputes Resolution
13.1. Disputes with LSH
If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact us via means of communication available on the Website and the App to try resolving your problem directly with us.
Any dispute or claim relating in any way to your access and use of your Account and/or the App, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and us shall be resolved by the respective court of the Kingdom of Spain.
You and LSH agree that any litigation shall be limited to the dispute between LSH and you individually. To the fullest extent permitted by law: (i) no litigation shall be joined with any other litigation; (ii) there is no right or authority for any dispute to be resolved on a class-action basis or to utilise class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and LSH agree that the following disputes are not subject to the above provisions concerning informal negotiations and mandatory litigation: (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; and (ii) any claim for injunctive relief.
14. Miscellaneous Provisions
14.1. Entire Agreement and Severability
Failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. If any part of these Terms is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Terms, which will remain in full force and effect.
You may not assign or transfer these Terms and any associated rights or obligations, or remedy hereunder without our prior consent. We may freely assign these Terms or subcontract our obligations without restriction.
14.3. Applicable Law
All matters relating to the Account and the App or these Terms, shall be governed by the applicable laws of the Kingdom of Spain, without regard to its conflict of law provisions.
You use the Website and/or the App at your own risk and for your sole responsibility. You agree to fully indemnify, defend and hold us and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees harmless from any claim, demand or liability, including reasonable attorneys’ fees, related to your use of the Website, Account and the App or any violation of these Terms or applicable law.
If you believe your personal data has been disclosed or otherwise used unlawfully and you did not consent to such disclosure, please contact us via means of communication available on the Website. If we confirm the infringement, we will delete your personal data immediately.
15. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use the Website, Account and App. You may terminate your use of the Account and the App at any time by deleting your Account.
We reserve the right to suspend or terminate your access to the Account and the App at any time without prior notice, in the case we determine that you violate or fail to comply with these Terms or applicable law, without any liability and without provision of any compensation to you in this regard. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
16. Contact Us
Do you have any questions concerning these Terms? Please contact us via: