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Users habitually residing in the EU, UK, or Australia may have mandatory consumer protection rights under local law that apply irrespective of the California choice-of-law clause or the arbitration provision in the terms. The document states that to the extent required by applicable law, the arbitration clause will not apply to such users, who may instead file disputes in their local courts or through the EU Online Dispute Resolution Platform.
This analysis describes what Khan Academy's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that the arbitration clause and California choice-of-law provision are subject to override by mandatory consumer protection statutes in EU, UK, and Australian jurisdictions. This carve-out is operationally significant for institutional users and consumers in those geographies.
Interpretive note: The practical application of the carve-out depends on the mandatory consumer protection law of each specific jurisdiction and how local courts interpret the interaction between those statutes and the contractual terms; the document acknowledges this dependency but does not resolve it.
Under this clause, EU, UK, and Australian users are expressly informed that mandatory local consumer protection law may override the arbitration clause and California choice-of-law provision, permitting them to file disputes in local courts or through the EU Online Dispute Resolution Platform. The agreement states this applies to the extent required by applicable law.
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"If you habitually reside outside the United States of America, you may have additional or different rights under applicable laws. For example, if you habitually reside in the European Union, the United Kingdom, or Australia, mandatory statutory consumer protection regulations in your country of residence may contain protections that are more beneficial for you. Where this is the case, statutory protections provided to you under the applicable laws of your jurisdiction of habitual residence shall apply to you, irrespective of the choice of California law in our Terms or any conflicting provision of these Terms. Specifically, you may have additional or different rights under local law regarding resolution of Disputes (as defined in Section 18 below). You may have a right to file a Dispute before the competent court of your place of habitual residence or through a competent alternative dispute resolution mechanism such as the European Union's Online Dispute Resolution Platform or any mechanism it may be replaced by in the future. To the extent required by applicable law, the binding arbitration clause of our Terms will not apply and any proceeding to enforce these Terms against you as a consumer must be brought in the courts of the jurisdiction in your habitual residence.Excerpt from Khan Academy's Terms of Service
1) REGULATORY LANDSCAPE: EU Directive 93/13/EEC on unfair contract terms, UK Consumer Rights Act 2015, and Australian Consumer Law impose mandatory protections that may override contractual choice-of-law and arbitration provisions. The EU Online Dispute Resolution Regulation provides the alternative dispute resolution mechanism referenced in the document. These frameworks are enforced by national consumer protection authorities in EU member states, the UK Competition and Markets Authority, and the Australian Competition and Consumer Commission. 2) GOVERNANCE EXPOSURE: Low for US-based institutional deployments; medium for international institutional deployments. The carve-out is a disclosure of existing legal rights rather than a novel contractual grant. 3) JURISDICTION FLAGS: EU/EEA, UK, and Australian users have explicit carve-outs. The document also notes that contractual limitations of liability may be disregarded under applicable consumer rights laws in some jurisdictions including the EU, which affects the scope of warranty disclaimers and liability caps. 4) CONTRACT AND VENDOR IMPLICATIONS: Institutions operating in EU, UK, or Australian jurisdictions should document reliance on local mandatory consumer protection law in their procurement risk assessments, and should confirm whether Khan Academy has operationalized the carve-out through jurisdiction-specific terms or policies. 5) COMPLIANCE CONSIDERATIONS: International legal teams should confirm whether local mandatory consumer protection law overrides the arbitration clause in their jurisdiction, and should document this analysis for dispute resolution planning. The EU Online Dispute Resolution Platform URL referenced in the document should be verified as operational.
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This provision establishes that the arbitration clause and California choice-of-law provision are subject to override by mandatory consumer protection statutes in EU, UK, and Australian jurisdictions. This carve-out is operationally significant for institutional users and consumers in those geographies.
Under this clause, EU, UK, and Australian users are expressly informed that mandatory local consumer protection law may override the arbitration clause and California choice-of-law provision, permitting them to file disputes in local courts or through the EU Online Dispute Resolution Platform. The agreement states this applies to the extent required by applicable law.
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