Code of Conduct
A “Student” is defined as a person who is 6 years old or older, and attends classes with the Vietnam Heritage Center to learn Vietnamese.
A “Guardian” is defined as the acting mother or father of a Student, which Student is between the ages of six (6) years old and eighteen (18) years old.
“Staff” is defined as the VHC teacher, VHC teaching assistant, VHC administrator, or personnel at location where VHC classes are held.
The Vietnam Heritage Center is committed to ensuring a safe and healthy learning environment. The Behavior Guidelines establishes the minimum comportation that all Students and Guardians must possess in order for the Students to reach their academic goals. A healthy learning environment requires mutual respect between Students and Staff.
Attendance and Achievement
Students should arrive to class on time. Any Student who comes to class late more than four (4) times will be asked to see the VHC administrator accordingly. Students who are unable to attend class should notify the instructor(s) at least one week prior to class. Students who are absent more than five (5) times will not advance to the next level the following semester.
Students are encouraged to participate in the class lesson. Students are required to maintain at least a grade point average of 75% (75/100) to pass a class. All students are required to take Midterm and Final exams in order to advance to the next level the following semester. Makeup exams are available with the consent of the Student’s teacher.
Behavior and Safety
Vietnam Heritage Center requests the basic respect and decency among all Students and Staff. Students should only bring supplies that are necessary for performing schoolwork. All electronic devices should be turned off during class sessions unless the teacher requests their use for participation during class. The Vietnam Heritage Center will NOT be responsible for any stolen items.
The following are FORBIDDEN in the classroom or on the school premises: sharp objects, explosive devices, illegal drugs, alcohol and items that can be used as potential weapons. Violation of this rule will result in automatic expulsion from class. We have a Zero Tolerance policy on illegal substances and weapons!
Property and Supplies
Students are required to exercise respect for school property, particularly in the classrooms and restrooms. Under no circumstances should tables, chairs, and other school items be removed or taken from the school.
The Student will not chew gum during class;
The Student will not vandalize school property;
The Student will not eat or drink during class;
The Student will not take any class supplies.
The Student is responsible for replacing or reimbursing the Vietnam Heritage Center for any property that they take and/or destroy.
Cancellation & Refund Policy
The Vietnam Heritage Center is a 501(c)(3) nonprofit organization. As such, all course fees are collected to rent the classroom space, to provide administrative support, and to recognize the volunteer teacher and teacher assistant efforts. No subsidies or scholarships will be provided for or offered to any Student.
“Fall Semester” is defined as the twelve-week time frame from September to December.
“Spring Semester” is defined as the twelve-week time frame from February to May.
After attending the first day of class of either the Fall Semester or Spring Semester, any Student 18 years old or older, or any Guardian on behalf of a Student, may request a full refund. There are no pro-rated refunds after the first day of class.
If a Student registers late and later decides not to continue the class without having attended any classes, or decides not to continue the class after attending one class, then the Student may request a full refund. However, no portion of the late registration fee will be refunded.
If for any reason a course is canceled before the semester begins, or at any time during the semester, then the Student may use the remaining unused portion of the course fee towards the next semester’s fee.
If the Student of a canceled course does not use the unused portion of the course fee, either for the next semester or for the following semester (i.e. within one year), then the Student’s unused portion of the course fee will be converted to a donation to the Vietnam Heritage Center, to be used as the Executive Director deems appropriate.
It is the Student’s responsibility to provide proof of the unused portion of the course fee when requesting to allocate the unused portion of the course fee either for the next semester or for the following semester (i.e. within one year).
If a class is canceled in either the Fall Semester or the Spring Semester due to inclement weather or unforeseen circumstances (Force Majeure), then the Vietnam Heritage Center will diligently attempt to arrange for a make-up class. However, if a make-up class cannot be scheduled, no pro-rated refund will be provided for the cancellation of a class.
All terms are subject to change without notice.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you place an order, respond to a survey, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, purchase a product, sign up for our newsletter, respond to a survey or marketing communication, or use certain other site features in the following ways:
To improve our website in order to better serve you.
To quickly process your transactions.
To send periodic emails regarding your order or other products and services.
To follow up with you after correspondence (email or phone inquiries)
How do we protect your information?
We use two (2) third party vendors, Stripe and Paypal, which are compliant with the regulations of the Payment Card Industry. These two (2) vendors collect and manage your credit card information. More information about how your privacy is protected may be found on the Stripe Privacy page and the Paypal Privacy page.
Regular malware scanning is performed by Squarespace, the host site to VHC. Squarespace’s own security measures protects all of its sites. If for any reason a virus were to appear, VHC will work diligently with Squarespace’s support staff to resolve the issue as expeditiously as possible.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit card information you supply is encrypted via Secure Socket Layer (SSL) technology.
All transactions are processed through the abovementioned gateway providers and are not stored or processed on our servers.
Do we use 'cookies'?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since every browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some of the features that make your site experience more efficient may not function properly.
We do not sell, trade, or otherwise transfer your Personally Identifiable Information to outside parties.
We do not include or offer third-party products or services on our website. We will, however, post the websites of our contributing blog writers on the site, where applicable.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users.
We have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
You can change your personal information by emailing us.
How does our site handle Do Not Track signals?
VHC uses Squarespace as the platform for our website. To VHC’s knowledge, Squarespace does not currently support recognition of Do Not Track protocol: Squarespace sites use information, which does not identify individual users, to analyze trends, to administer websites, to track users' movements around websites, and to gather demographic information about our user base as a whole. Squarespace sites do not link this automatically-collected data to PII. Users of the VHC site should be aware that data regarding their visit to the VHC site is collected and used in the aggregate and not on an individual basis.
Does our site allow third-party behavioral tracking?
We do not allow third-party behavioral tracking.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts guardians in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We market to children under the age of 13 for the specific purpose of encouraging Vietnamese language lessons. We do not collect information from children under the age of 13; that information is collected by the guardian(s) who enroll the child(ren) to attend language class.
In order to remove your child's information please contact the following personnel:
Thuy Q. Pham, Executive Director
We adhere to the following COPPA tenants:
Guardians can review, delete, manage or refuse with whom their child's information is shared through contacting us directly.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will notify you via email within seven (7) business days, should a data breach occur:
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
Process orders and to send information and updates pertaining to orders.
Send you additional information related to your purchased product and/or service
Send you information about Vietnamese cultural events
To be in accordance with the CAN SPAM Act, we agree to the following:
Not use false or misleading subjects or email addresses.
Identify the message as an advertisement in some reasonable way.
Include the physical address of our business or site headquarters.
Monitor third-party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly.
Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
225 West 23rd Street, #6G
New York, NY 10011
Last Edited on May 6, 2017
Terms of Service
Effective as of May 1, 2017
ABOUT THE SERVICE
The Service allows you to register for Vietnamese language classes online for you and/or for your significant other and/or for your child(ren), as well as purchase tickets for cultural events such as Tết (the Lunar New Year) or Tết Trung Thu (the Mid-Autumn Festival).
CONSENT AND RELEASE
The Student or Guardian grants permission to:
(a) Record the Student’s likeness and voice on a video, audio, photographic, digital, electronic or any other medium.
(b) Use the Student’s name in connection with these recordings.
(c) Use, reproduce, exhibit or distribute these recordings on the VHC website for any purpose that may be deemed appropriate, including promotional or advertising efforts.
The Student or Guardian agrees that the participation may be edited. The Student or Guardian consents to use of the Student’s name, likeness, and voice in connection with promotional purposes. The Student or Guardian expressly releases VHC, its agents, employees, licensees and assigns from and against any and all claims or liability which the Student or Guardian has, or may have, for invasion of privacy, defamation or any other cause of action arising out of production, distribution, broadcast or exhibition. The Student or Guardian has read and fully understand the terms of this release.
If the Student or Guardian disagrees with any of the terms within this section, “Consent and Release,” then such explicit denial must be made in writing and either emailed to firstname.lastname@example.org or mailed to Vietnam Heritage Center, c/o Thuy Q. Pham, 225 West 23rd Street, #6G, New York, NY 10011.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 18 years old and a resident of the United States to register for and use the Service.
You agree to notify VHC immediately of any unauthorized use of your password and/or account. VHC will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- Interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
You may be able to provide content in response to any blog posts (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. VHC, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for the User Content;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. VHC is not responsible for any public display or misuse of your User Content.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by VHC, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. VHC does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does VHC adopt nor endorse, nor is VHC responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than VHC. VHC takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will VHC be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, VHC may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy. VHC has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by VHC, and VHC is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by VHC. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. VHC respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, VHC has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. VHC may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to VHC’s designated copyright agent at Vietnam Heritage Center, c/o Thuy Q. Pham, 225 West 23rd Street, #6G, New York, NY 10011:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by VHC copyright agent, VHC may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may, at VHC’s discretion, be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to VHC a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and VHC names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to VHC or any of its officers, employees, agents or representatives in any situation where notice to VHC is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about VHC and special events. You may opt out of such email by changing your account settings or sending an “unsubscribe” email to the link indicated at the bottom of the VHC email or mail the request to be removed to the following postal address:
Vietnam Heritage Center
c/o Thuy Q. Pham
225 West 23rd Street #6G
New York, NY 10011
Opting out may prevent you from receiving messages regarding VHC’s classes or special events.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VHC, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH VHC OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VHC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident who has not yet transferred residency to the tri-state area of new York, New Jersey or Connecticut, and/or if you are a California resident attending a VHC event, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of VHC to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with VHC must commence within ONE (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.