Student User Agreement (V1.1)
1. Agreement Structure and Acceptance
1.1 Agreement Suite.
This Student User Agreement forms part of the Agreement Suite and governs access to and use of Student Features.
1.2 Incorporation of Terms of Use and Privacy Policy.
The Terms of Use and the Privacy Policy are incorporated into this Student User Agreement by reference and they apply to you.
1.3 Priority rule.
In the event that there is a conflict between this Student User Agreement and the Terms of Use, this Student User Agreement prevails only to the extent of the conflict and only for the subject matter addressed in this Student User Agreement.
1.4 How you accept.
You accept this Student User Agreement when you click to accept, check an acceptance box, register an Account, complete a booking flow that requires acceptance, submit a booking request, or otherwise access or use Student Features.
1.5 Electronic records.
You agree that electronic records maintained by the Operator relating to acceptance, Account activity, and booking activity demonstrate acceptance and timing, subject to applicable law.
1.6 Guardian acceptance for a Student under the Age of Majority.
In the event that a Student has not reached the Age of Majority, only a Guardian is permitted to accept this Student User Agreement, and the Guardian acceptance binds the Guardian.
2. Definitions
2.1 Account has the meaning set out in the Terms of Use.
2.2 Age of Majority has the meaning set out in the Terms of Use.
2.3 Agreement Suite means the Terms of Use, the Privacy Policy, the Tutor User Agreement, and this Student User Agreement, as each is updated from time to time in accordance with the applicable change provisions.
2.4 Authorized Student means a Student who has not reached the Age of Majority and who is permitted by a Guardian to access the Platform under a Guardian acceptance of this Student User Agreement.
2.5 Booking has the meaning set out in the Terms of Use.
2.6 Content has the meaning set out in the Terms of Use
2.7 Guardian means a parent or legal guardian of a Student who has not reached the Age of Majority.
2.8 Listing has the meaning set out in the Terms of Use.
2.9 Student means a user who seeks tutoring or instruction, including a prospective student.
2.10 Student Features means features made available to Students and Guardians, which can include account tools, search tools, filters, messaging tools, and booking tools, as described on the Platform.
2.11 Tutor has the meaning set out in the Terms of Use.
2.12 User has the meaning set out in the Terms of Use.
3. Platform Role and Allocation of Responsibility
3.1 Marketplace technology only.
Student Features support search, communication, and booking coordination so that Students and Tutors can connect and arrange tutoring services.
3.2 No tutoring by the Operator.
The Operator does not provide tutoring services and the Operator does not supervise, control, or direct how tutoring services are delivered.
3.3 Operator not a party.
The Operator is not a party to any agreement between a Tutor and a Student or Guardian, including where a Booking is arranged through the Platform.
3.4 No verification.
The Operator does not verify Tutor identity, qualifications, education, titles, licensing status, or background, and you remain responsible for conducting due diligence before engaging a Tutor.
4. Eligibility and Guardian Framework for a Student Under the Age of Majority
4.1 Eligibility to use.
You use the Platform only where you have legal capacity to enter into a binding contract or you are a Guardian accepting this Student User Agreement on behalf of an Authorized Student.
4.2 Guardian as contracting party.
In the event that a Student has not reached the Age of Majority, the Guardian is the contracting party under this Student User Agreement, and the Authorized Student is not a contracting party.
4.3 Condition to use Student Features for an Authorized Student.
In the event that a Student has not reached the Age of Majority, access to Student Features that allow messaging, booking, or sharing contact information is permitted only after a Guardian accepts this Student User Agreement and the Terms of Use on behalf of the Authorized Student.
4.4 Guardian responsibility.
In the event that a Guardian accepts this Student User Agreement for an Authorized Student, the Guardian accepts responsibility for Platform use and compliance with the Agreement Suite, including communications, booking coordination, and safety decisions for the Authorized Student.
4.5 Authority representation.
In the event that a Guardian accepts this Student User Agreement for an Authorized Student, the Guardian represents that the Guardian has legal authority to do so.
4.6 Operator reliance.
The Operator is entitled to rely on acceptance that appears valid based on information provided through the Platform, unless the Operator has reason to believe the acceptance is unauthorized.
5. Accounts, Security, and Accurate Information
5.1 Accurate information.
You provide accurate, complete, and current information when creating and maintaining an Account and you promptly update information when it changes.
5.2 Account security.
You keep login credentials confidential and you remain responsible for activity that occurs through the Account.
5.3 Unauthorized access.
In the event that you suspect unauthorized access to the Account, you notify the Operator promptly and you cooperate with reasonable steps required to secure the Account.
5.4 Account integrity actions.
In the event that the Operator reasonably believes Account information is inaccurate, the Account is being misused, or use violates the Agreement Suite, the Operator has the right to restrict access, suspend the Account, or terminate access.
6. Student and Guardian Attestation and Warranties
6.1 Attestation requirement.
As a condition of creating or maintaining an Account and using Student Features, you provide the attestations and warranties set out in this section, and you confirm that the Operator is entitled to rely on them.
6.2 Guardian authority for an Authorized Student.
In the event that you accept this Student User Agreement as a Guardian for an Authorized Student, you attest and warrant that you have legal authority to act for the Authorized Student in relation to Platform use and booking coordination.
6.3 Accuracy of information.
You attest and warrant that information provided through the Platform is accurate and not misleading, including age related information, contact information, and booking related information.
6.4 No unlawful or prohibited Content.
You attest and warrant that you do not post, upload, transmit, or otherwise make available Content that is unlawful, fraudulent, misleading, abusive, discriminatory, obscene, or otherwise prohibited by the Agreement Suite or applicable law
6.5 No misuse of personal information.
You attest and warrant that you do not use personal information obtained through the Platform except as reasonably necessary for legitimate tutoring communications and booking coordination, and handling of personal information remains subject to applicable law and the Privacy Policy.
6.6 Ongoing accuracy.
You attest and warrant that these attestations remain true on an ongoing basis, and in the event that an attestation becomes untrue or inaccurate, you update information promptly and you stop using the Platform in a manner that depends on the inaccurate information.
6.7 Consequences of false attestation.
In the event that the Operator reasonably believes an attestation in this section is false, misleading, incomplete, or no longer accurate, the Operator has the right to take action under this Student User Agreement and the Terms of Use, including suspension or termination of access.
7. Bookings, Communications, and Scheduling
7.1 Booking tools.
Student Features include tools to request, confirm, or manage Bookings and tools to message Tutors, as described on the Platform.
7.2 Booking confirmation.
A Listing and a calendar display do not guarantee Tutor availability, and a Booking is not confirmed unless confirmed by the Tutor or otherwise confirmed through the Platform flow described on the Platform.
7.3 Communication standards.
You communicate with Tutors in a respectful manner and you do not use messaging tools to harass, threaten, intimidate, or mislead a Tutor.
7.4 Off Platform communications.
In the event that you communicate with a Tutor outside the Platform, communications occur outside Operator control and you remain responsible for content, privacy, and safety of those communications.
7.5 Record of acceptance at booking.
In the event that the Platform requires acceptance during a booking flow, acceptance forms part of the Agreement Suite and the Operator records acceptance details in accordance with the Terms of Use.
7.6 Guardian involvement for an Authorized Student.
In the event that an Authorized Student uses messaging or booking tools, the Guardian is responsible for establishing and enforcing boundaries for communications and for approving booking arrangements.
8. Payments, Refunds, and Disputes Between Users
8.1 No payment processing by the Operator.
The Operator does not collect, hold, transmit, or process lesson fees, tuition, deposits, or other amounts owed between a Tutor and a Student or Guardian
8.2 Financial terms are between Users.
Rates, payment methods, refund terms, cancellation fees, and other financial terms are determined solely between the Tutor and the Student or Guardian.
8.3 No adjudication by the Operator.
The Operator does not adjudicate disputes between Users, including disputes relating to payments, refunds, cancellations, service quality, or outcomes.
8.4 No responsibility for enforcement or collection.
The Operator is not responsible for collecting, refunding, reversing, enforcing, or administering any payment or fee between Users.
9. Suggested Cancellation and No Show Guidelines
9.1 Suggested guidelines.
In the event that the Platform displays suggested guidelines for cancellations and no shows, the guidelines function as informational tools intended to support clearer communications between Tutors and Students.
9.2 No enforcement by the Operator.
In the event that suggested guidelines are displayed, the Operator does not enforce the guidelines and the Operator does not administer any fee or charge related to a guideline.
9.3 User responsibility.
In the event that a cancellation fee, rescheduling fee, or no show fee is proposed or applied by a Tutor, the matter is between the Tutor and the Student or Guardian.
10. Safety and In Person Meetings
10.1 Outside Operator control.
In the event that a Student and a Tutor meet in person, the meeting occurs outside Operator control, and the Operator does not inspect, supervise, control, or approve any location, transport arrangement, or circumstances of an in person meeting.
10.2 No duty of care assumed.
The Operator does not assume a duty of care relating to in person meetings arranged between Users, and any safety decisions and precautions remain the responsibility of the Users involved.
10.3 Guardian control for an Authorized Student.
In the event that tutoring involves an Authorized Student, the Guardian is responsible for approving the meeting arrangement, approving the location, approving the timing, and determining whether supervision is required for the Authorized Student.
10.4 No arrangement services by the Operator.
The Operator does not provide chaperoning, supervision, transportation, escorting, or on site monitoring services, and the Operator does not confirm whether a Tutor arrives, departs, or performs services at an agreed location
10.5 User responsibility for vetting and suitability.
You remain responsible for assessing Tutor suitability and safety before any in person meeting, and you remain responsible for confirming identity, qualifications, and fit through your own due diligence.
10.6 Location and supervision expectations.
In the event that a Guardian permits an Authorized Student to attend an in person meeting, the Guardian is responsible for selecting a safe and appropriate setting and for arranging supervision where the Guardian determines supervision is appropriate.
10.7 Personal information and location privacy.
You remain responsible for deciding what personal information to share for an in person meeting, and you limit sharing of personal information and location details to what is necessary for legitimate booking coordination.
10.8 No Operator responsibility for losses.
In the event that any loss, harm, expense, dispute, or claim arises from an in person meeting, the Operator is not responsible for the loss, harm, expense, dispute, or claim, to the fullest extent permitted by law.
10.9 Assumption of risk.
You acknowledge that in person meetings carry inherent risks and uncertainties, and you voluntarily assume the risks associated with meeting another User in person.
10.10 Emergency situations.
In the event that you believe there is immediate risk to safety, you contact emergency services or appropriate authorities, and reporting through the Platform does not replace contacting authorities where necessary.
10.11 Reporting to the Operator.
In the event that the Platform provides reporting tools, you submit reports in good faith and with accurate information, and the Operator is not required to take a specific action in response to a report.
10.12 Operator enforcement rights.
In the event that the Operator reasonably believes conduct relating to in person meetings creates safety risk, legal risk, or undermines Platform integrity, the Operator has the right to restrict messaging, restrict booking tools, restrict visibility, suspend an Account, or terminate access in accordance with the Agreement Suite.
11. Reviews, Ratings, and Feedback
11.1 Application.
In the event that the Platform provides reviews or ratings, this section governs reviews, ratings, and feedback.
11.2 Truthful feedback.
You provide feedback that is truthful and based on genuine experience.
11.3 No abusive content.
Reviews and ratings do not contain unlawful content, threats, harassment, hate content, or personal attacks
11.4 No sensitive information.
Reviews and ratings do not include personal information of another person beyond what is reasonably necessary, and reviews and ratings do not include sensitive information about minors.
11.5 Moderation.
In the event that a review or rating violates the Agreement Suite or creates legal or operational risk, the Operator has the right to remove or restrict the review or rating.
12. Acceptable Use and Prohibited Conduct
12.1 Lawful and respectful use.
You use the Platform lawfully and respectfully and you do not harass, threaten, intimidate, or discriminate against any person.
12.2 Truthful communications.
You do not misrepresent identity, age, contact information, intentions, or booking related information and you do not post Content that is false, deceptive, or misleading.
12.3 Protection of minors.
In the event that an Authorized Student uses the Platform, you do not use the Platform in a way that endangers minors and you do not solicit or share a minor personal information except as reasonably necessary for lawful booking coordination by or with a Guardian.
12.4 Platform integrity.
You do not interfere with Platform security or operations, including unauthorized access, malware introduction, bypass of technical controls, or scraping, except as permitted by applicable law.
12.5 Circumvention.
You do not attempt to circumvent restrictions, suspensions, acceptance prompts, or enforcement actions applied under the Agreement Suite.
13. Reporting and Complaints
13.1 Reports.
In the event that the Platform provides reporting tools, you use reporting tools in good faith and you provide accurate information in a report.
13.2 False reports.
You do not submit false, misleading, or abusive reports, and in the event that the Operator reasonably believes a report is false or abusive, the Operator has the right to restrict reporting access or take enforcement action.
13.3 Operator response.
The Operator is not required to take a specific action in response to a report and any action taken is governed by the Agreement Suite.
14. Enforcement, Removal, and Platform Control
14.1 Terms of Use enforcement applies.
Enforcement tools, content removal, access controls, timing, notice, and liability relating to enforcement actions are addressed in the Terms of Use, and those provisions apply to this Student User Agreement
14.2 Student specific enforcement.
In the event that the Operator reasonably believes conduct under this Student User Agreement creates risk to Users or undermines Platform integrity, the Operator has the right to restrict Student Features, restrict messaging, restrict booking tools, and remove Student Content, to the fullest extent permitted by law.
14.3 No liability for enforcement actions.
In the event that the Operator takes action under this section or under the Terms of Use enforcement provisions, the Operator is not liable to you or any third party for termination, restriction, removal, or related effects, to the fullest extent permitted by law.
15. Licence for Student Content
15.1 Licence to operate the Platform.
You grant the Operator a non exclusive, worldwide, royalty free licence to host, store, reproduce, display, distribute, and make available Content you submit through Student Features for the purpose of operating, promoting, and improving the Platform.
15.2 Technical modifications.
The Operator has the right to make technical modifications to Content for formatting, compatibility, or performance purposes, without intentionally changing meaning.
16. Disclaimers, Assumption of Risk, and Limitation of Liability
16.1 Terms of Use governs platform risk allocation.
Disclaimers, assumption of risk, release, and limitation of liability are set out in the Terms of Use and they apply to this Student User Agreement. 16.2 No guarantee of outcomes. The Operator does not guarantee Tutor suitability, availability, learning outcomes, grades, certifications, or results.
17. Indemnity
17.1 Indemnity obligation and scope.
You agree to indemnify, defend, and hold harmless the Operator and all directors, officers, employees, contractors, agents, and affiliates of the Operator from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, penalties, fines, costs, and expenses, including reasonable legal fees and disbursements on a full indemnity basis, arising out of or relating to: (a) access to or use of the Platform or Student Features; (b) any Booking, tutoring arrangement, in person meeting, or communications with a Tutor or other User, whether on Platform or off Platform; (c) any dispute between Users, including disputes relating to cancellation, payment, refunds, service quality, or outcomes;
(d) Content submitted, published, transmitted, or otherwise made available through the Platform, including messages, reviews, ratings, reports, and booking information, including claims alleging defamation, misrepresentation, infringement of intellectual property, invasion of privacy, or unlawful disclosure of personal information; and (e) breach of the Agreement Suite, breach of applicable law, or conduct that is unlawful, fraudulent, misleading, abusive, discriminatory, or unsafe.
17.2 Guardian responsibility.
You agree that, in the event that you accept this Student User Agreement as a Guardian for an Authorized Student, your indemnity obligations extend to claims arising out of or relating to actions or omissions of the Authorized Student connected to Platform use, communications, Bookings, and in person meetings, including activity performed through Account credentials associated with the Authorized Student.
17.3 Defence, cooperation, and settlement control.
You agree that, in the event that a claim covered by this section is asserted, you provide a defence at your expense, you cooperate fully with the Operator and provide information and documents reasonably required for the defence, the Operator has the right to control the defence and selection of counsel, and you do not settle any claim in a manner that imposes any obligation on the Operator or admits liability on behalf of the Operator without prior written consent of the Operator.
17.4 Reimbursement and set off.
You agree that, in the event that the Operator incurs costs or expenses covered by this section, you reimburse the Operator promptly upon demand, and the Operator has the right to set off amounts owing against any amount payable by the Operator to you, except as prohibited by applicable law.
17.5 Survival and legal limits.
You agree that this section survives termination of the Agreement Suite and applies in addition to any other right or remedy available to the Operator, and nothing in this section limits rights or remedies that cannot be excluded or limited under applicable law.
18. Term, Termination, and Survival
18.1 Term.
This Student User Agreement begins when you accept it and it continues until termination in accordance with the Agreement Suite.
18.2 Termination by you.
You stop using the Platform at any time by discontinuing use and closing the Account through Platform tools where available.
18.3 Termination by the Operator.
In the event that the Operator reasonably believes you have breached the Agreement Suite or created risk, the Operator has the right to suspend or terminate your Account and access to Student Features.
18.4 Survival.
Provisions intended to survive termination survive termination, including intellectual property, licences, disclaimers, limitation of liability, indemnities, and governing law clauses.
19. Changes to Student User Agreement
19.1 Right to change.
You agree that the Operator, in the sole discretion of the Operator, reserves the right to change, modify, amend, or otherwise alter this Student User Agreement at any time.
19.2 Effective time.
Any modification becomes effective immediately upon posting on the Platform, unless the posting states a later effective date, or unless applicable law requires a different effective time or additional notice.
19.3 Review obligation.
You review this Student User Agreement on a regular basis to remain informed of changes.
19.4 Effect of continued use or non-acceptance.
In the event that you continue to access or use the Platform after a change becomes effective, you accept the change, and in the event that you do not agree with a change, you stop using the Platform and you close the Account, and any access or use after the effective time constitutes acceptance.
20. Governing Law and Venue
20.1 Governing law.
This Student User Agreement is governed by the laws of British Columbia and the federal laws of Canada applicable in British Columbia.
20.2 Venue.
Disputes arising out of or relating to this Student User Agreement are brought in the courts of British Columbia sitting in Vancouver, and you attorn to the jurisdiction of those courts.
21. General
21.1 Severability.
In the event that any provision is held invalid or unenforceable, the remaining provisions remain in effect.
21.2 No waiver.
A failure to enforce a provision does not waive the right to enforce the provision later.
21.3 Assignment.
You do not assign rights or obligations under this Student User Agreement without written consent of the Operator, and the Operator assigns this Student User Agreement in connection with a reorganization, merger, or sale of assets.
21.4 Entire agreement for Student role.
This Student User Agreement, together with the Terms of Use and the Privacy Policy, forms the entire agreement between you and the Operator regarding Student use of the Platform