Last updated on September 1, 2018.
1. General terms
Tutorneer provides this App to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf users accept these Terms (collectively "you"). These Terms are entered into by and between Tutorneer and you, and you accept them by: (a) contracting for tutoring lessons through the App; (b) using the App in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the App.
To the extent that anything in or associated with the App is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
The App offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent contractors hired by Students, Tutors control the methods, materials and all aspects of the lessons.
Students are responsible for selecting the right tutor for their needs. In making hiring decisions, Students should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other students. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
Tutorneer controls and operates the App from various locations and makes no representation that this service is appropriate or available for use in all locations. Tutorneer services may not be available in your location, and available services may vary among locations. In addition, Tutorneer will attempt to deliver all correspondence sent via the App's messaging system. Tutorneer does not, however, guarantee delivery of all messages.
3. Your obligations and conduct
In consideration of your use of the App, you agree: (a) that you are of legal age and have capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the service ("Registration Data"); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Tutorneer, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.
You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the App ("Content"). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Tutorneer or other users of the App; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Tutorneer reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
You agree to use the App in a manner that is lawful, relevant and proper to the applicable forum. Any use of the App that Tutorneer, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a user with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:
By using the App, you understand and agree that Tutorneer may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Tutorneer may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the App.
You hereby authorize Tutorneer to verify the above representations and warranties by you and you acknowledge and agree that Tutorneer shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Tutorneer may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the App, should it determine that you have violated any representation or warranty.
The preceding paragraph notwithstanding, you understand and agree Tutorneer neither confirms nor denies the validity of information provided by users and that Tutorneer does not verify that any or all of the Eligibility Conditions are met by users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
Tutorneer expressly disclaims, and you expressly release Tutorneer from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a user's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any user.
Tutorneer reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Tutorneer in its sole discretion. Alleged improprieties by any User may be reported to Tutorneer by email at firstname.lastname@example.org.
4. Third party reports
Tutorneer may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications ("consumer reports"). Tutorneer does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. Tutorneer does not independently verify information in the consumer reports.
You hereby consent to Tutorneer collecting, using and disclosing the information in the consumer reports. You understand and agree that Tutorneer may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a user or to investigate a complaint about a user, but that Tutorneer shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any user, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Tutorneer reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Tutorneer's sole discretion.
5. Confidentiality of Tutorneer information
You may obtain direct access via the App to certain confidential information of Tutorneer and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Tutorneer and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Tutorneer, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Tutorneer adequate to afford Tutorneer the opportunity to object to the disclosure.
6. Content submitted to the App
Tutorneer does not claim ownership of the Content that you place on the App and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with this App shall be deemed to be provided on a non-confidential basis. Tutorneer shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant Tutorneer an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Tutorneer, its affiliates, and third-party providers of any information that you may provide on the App.
7. Terms of transacting business
You understand and agree to abide by Tutorneer's tutor and student payment policies. You agree that you are willing to pay all costs through Tutorneer. These costs include but are not limited to: (a) hourly rate as listed; and (b) cancellation fees as described in a tutor’s cancellation policy, which can be found on a tutor’s profile on the App.
8. Intellectual property rights
Except as expressly authorized by Tutorneer, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Tutorneer discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
"Tutorneer Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Tutorneer uses in connection with its products and services. You may not remove or alter any Tutorneer Trademarks, or co-brand your own products or material with Tutorneer Trademarks, without Tutorneer's prior written consent. You acknowledge Tutorneer's rights in Tutorneer Trademarks and agree that any use of Tutorneer Trademarks by you shall inure to Tutorneer's sole benefit. You agree not to incorporate any Tutorneer Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Tutorneer on this App provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
9. Termination and suspension
Tutorneer reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the App after termination or during suspension.
10. Disclaimer of warranties
Use of the App is at your sole risk unless otherwise explicitly stated. The App, including the information, services, and Content, is provided on an "as is", "as available", and "with all faults" basis. Tutorneer disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. Tutorneer makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the App.
Tutorneer makes no warranty or representations that: (a) the App will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the App will be accurate or reliable; (c) the quality of any products, services, Content, information, or other material purchased or obtained from tutors will meet your expectations or requirements; or (d) any errors in the App will be corrected.
You assume all risk for any damage to your smartphone or loss of data that results from obtaining any Content from the App, including any damages resulting from smartphone viruses.
11. Limitation of liability
The App offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. You understand and agree that Tutorneer has no control over the acts or omissions of any User and that Tutorneer makes no representations or warranties about the quality of the services provided by any User. You understand and agree that Tutorneer is not responsible for the performance or conduct, whether online or offline, of any user of the App. As such, Tutorneer expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the App.
Users of the App transact between themselves. Tutorneer is not responsible for disputes, claims, loss, injury, or damage of ANY KIND that might arise during and after user interaction.
You understand and agree that Tutorneer has no control over the acts or omissions of any user on or off the App and that Tutorneer makes no representations or warranties about the quality of the services provided by any user. You understand and agree that Tutorneer is not responsible for the performance or conduct, whether on or off the App, of any user. As such, Tutorneer expressly disclaims, and each User expressly releases Tutorneer from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the App, including without limitation any acts and/or omissions of users on or off the App.
To the full extent permitted by law, Tutorneer is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the App, even if Tutorneer has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the App; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the App; (c) statements or conduct of any third party on the App, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information users may download, use, modify, or distribute.
12. Assumption of risk
You agree and understand that you assume all risks when using the App, including without limitation any and all of the risks associated with any online or offline interactions with other users. You agree to take all necessary precautions when interacting with other users.
Any controversy, claim, suit, injury or damage arising from or in any way related to the App or the Terms shall be settled by binding arbitration. Tutorneer and you will attempt to agree on a single arbitrator. If agreement is not possible, each party will select its own arbitrator. Each party’s arbitrator will, in turn, confer and select a single arbitrator. The arbitrator will base the decision on the evidence presented and in accordance with these Terms and governing law, including statutory and judicial authority. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in Toronto, Ontario, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Tutorneer may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Ontario, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
You agree that any material breach of the Terms will result in irreparable harm to Tutorneer for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Tutorneer will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Tutorneer seeks such an injunction.
16. Notices; modification and termination of services; amendment of terms
Tutorneer may provide notice to users via email, regular mail, or posting notices or links to notices on the App. Tutorneer reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Tutorneer may also delete, or bar access to or use of, all related information and files. Tutorneer will not be liable to users or any third-party for any modification, suspension, or termination of service, or loss of related information. Tutorneer may amend these Terms at any time by posting the amended terms on this App.
17. Governing law
This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of the Province of Ontario.
18. Stripe Connected Account Agreement
Payment processing services for Tutors on Tutorneer are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Tutor on Tutorneer, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Tutorneer enabling payment processing services through Stripe, you agree to provide Tutorneer accurate and complete information about you and your business, and you authorize Tutorneer to share it and transaction information related to your use of the payment processing services provided by Stripe.
19. Entire agreement
These Terms constitute the entire agreement between you and Tutorneer relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Tutorneer or third-party products or services.
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