Terms of Use (V1.1)
1. Agreement Structure and Acceptance
1.1 Agreement suits.
These Terms of Use govern access to and use of the Platform and the Services, and they operate together with the Privacy Policy, the Tutor User Agreement, and the Student Parent user Agreement as an integrated set of documents (the "Agreement Suites").
1.2 How you accept.
You accept these Terms of Use when you create an Account, click to accept, check an acceptance box, complete a booking or subscription flow that requires acceptance, or otherwise access or use the Platform after the Effective Date.
1.3 If you do not agree.
If you do not agree to these Terms of use, you must not access or use the Platform.
1.4 Authority for Organizations.
In the event that you use the Platform on behalf of an organization, you represent that you have authority to bind that organization, and references to you include that organization.
1.5 Electronic records.
You agree that electronic acceptances, acknowledgements, and records maintained by the Operator are admissible to demonstrate acceptance and the timing of acceptance, subject to applicable law.
2. Definitions
2.1 Account means a registered user profile on the Platform.
2.2 Booking means a request, reservation, scheduling confirmation, or booking related communication facilitated by Platform tools.
2.3 Content means any text, images, video, audio, documents, listings, profiles, messages, reviews, ratings, or other materials made available on or through the Platform.
2.4 Guardian means a parent or legal guardian of a Student who has not reached the Age of Majority.
2.5 Listing means a Tutor profile, advertisement, or offering displayed on the Platform.
2.6 Privacy Policy means the Operator privacy policy made available on the Platform, as updated from time to time.
2.7 Student means a user who seeks tutoring or instruction, including a prospective student.
2.8 Student User Agreement means the agreement governing Student and Guardian access to and use of the Platform
2.9 Tutor means a user who offers tutoring, instruction, or related services.
2.10 Tutor User Agreement means the agreement governing Tutor access to and use of the Platform, including subscription and listing terms, as updated from time to time.
2.11 User means any person who accesses or uses the Platform, including Tutors, Students, Guardians, and visitors.
2.12 Services means the Operator technology services that enable Users to post Listings, search, communicate, and arrange Bookings.
2.13 Age of Majority means 19 years of age for Users in British Columbia, unless mandatory law in a User jurisdiction requires a different age of majority for the purpose of entering into contracts.
3. Nature of the Platform and the Services
3.1 Marketplace tehcnology only.
The Services provide an online marketplace nad technology tools that allow Tutors to publish Listings and allow Students and Guardians to search for, connect with, and arrange Bookings with Tutors.
3.2 No tutoring by the Operator.
The Operator does not provide tutoring services, and the Operator is not responsible fo the quality, safety, legality, or suitability of tutoring services offered or provided by Tutors.
3.3 No employment, agency, or partnership.
The Operator does not employ Tutors and does not act as an agent, broker, representative, or partner of any Tutor, Student, or Guardian, and no User is authorizaed to bind the Operator.
3.4 No guarantee of outcomes.
The Operator does not guarantee that any User will obtain a match, that any Booking will occur, or that any tutoring arrangement will produce a particular outcome or result.
4. Incorporated Documents and Priority Rules.
4.1 Documents incorporated by reference.
The Privacy Policy is incorporated into these Terms of Use and forms part of the agreement between you and the Operator.
4.2 Role specific agreements.
In the event that you use the Platform as a Tutor, you are required to accept the Tutor User Agreement as a condition of using Tutor features. In the event that you use the Platform as a Student or Guardian, you are required to accept the Student Parent User Agreement as a condition of using Student or booking features.
4.3 When each document applies.
The Privacy Policy applies to all Users. The Tutor User Agreement applies only to Tutors. The Student User Agreement applies only to Students and Guardians.
4.4 Conflict rule for role terms.
In the event that there is a conflict between these Terms of Use and a role specific agreement that you have accepted, the role specific agreement prevails only to the extent of the conflict and only for the subject matter it specifically addresses.
4.5 Privacy priority for data handling topics.
In the event that there is a conflict between these Terms of Use and the Privacy Policy regarding collection, use, disclosure, retention, or safeguarding of personal information, the Privacy Policy prevails for those topics only.
4.6 Reading the documents together.
If a topic is addressed in more than one document in the Agreement Suite, the documents must be read together in a manner that gives effect to each document, unless an express priority rule applies.
5. Eligibility, Minors, and Guardian Responsibility
5.1 Eligibility to contract.
You must have legal capacity to enter into a binding contract to use the Platform, and you must not use the Platform where applicable law prohibits your use.
5.2 Use by Students under the Age of Majority.
In the event that a Student has not reached the Age of Majority, the Student shall use the Platform only where a Guardian accepts these Terms of Use and the Student User Agreement on the Student behalf.
5.3 Guardian representations.
In the event that a Guardian accepts any document in the Agreement Suite on behalf of a Student, the Guardian represents that the Guardian has legal authority to do so, and the Guardian accepts responsibility for the Student use of the Platform.
5.4 Operator reliance.
The Operator is entitled to rely on an acceptance that appears valid based on information provided through the Platform, unless the Operator has reason to believe the acceptance is unauthorized.
6. Accounts, Security, and Accurate Information
6.1 Accurate information.
You provide accurate, complete, and current information when creating and maintaining an Account, and you promptly update information when it changes.
6.2 Credential security.
You keep login credentials confidential and you remain responsible for all activity that occurs through your Account.
6.3 Unauthorized access.
In the event that you suspect unauthorized access to your Account, you shall notify the Operator promptly and you cooperate with reasonable steps required to secure the Account.
6.4 Account integrity actions.
In the event that the Operator reasonably believes Account information is inaccurate, an Account is being misused, or use violates the Agreement Suite, the Operator has the right to refuse registration, suspend access, restrict functionality, or terminate access.
7. Listings and User Content
7.1 User responsibility for Content.
You remain responsible for Content you submit, including accuracy, legality, and whether Content is misleading.
7.2 Tutor Listing responsibility.
A Tutor remains responsible for Listing accuracy, including claims relating to credentials, experience, subjects taught, availability, and any representation that influences a Student decision.
7.3 Rights to post Content.
You shall post Content only where you have the right to use and share it, and you ensure Content does not infringe intellectual property rights, privacy rights, or other rights of any person.
7.4 No duty to pre-screen.
The Operator does not pre-screen all Content and the Operator does not guarantee Content accuracy, completeness, or reliability.
7.5 Moderation and removal.
In the event that the Operator reasonably believes Content violates the Agreement Suite, is misleading, unsafe, unlawful, or creates legal or operational risk, the Operator has the right to remove and restrict Content, or disable access to Content.
8. No Verification and User Due Diligence
8.1 No verification of Tutors.
The Operator does not verify Tutor identity, qualifications, education, professional titles, licensing status, work authorization, or experience.
8.2 No background checks.
The Operator does not conduct criminal record checks or other background checks on Users.
8.3 Requests do not create a duty.
In the event that the Operator requests documents, declarations, or profile information, the request does not create a duty to verify and the request does not constitute verification.
8.4 User due diligence.
You remain responsible for due diligence before engaging another User, including confirming suitability, credentials, and safety arrangements as appropriate.
9. Bookings, User to User Agreements, and Payments
9.1 Booking tools only.
Booking features function as technology tools that assist scheduling and communications.
9.2 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.
9.3 No lesson fee processing.
The Operator does not collect, hold, transmit, or process lesson fees, tuition, deposits, or other amounts owed between Tutors and Students or Guardians.
9.4 User financial arrangements.
Financial terms between a Tutor and a Student or Guardian are determined solely between them, and those terms operate subject to the Tutor User Agreement and the Student Parent User Agreement where applicable.
9.5 No adjudication of disputes.
The Operator does not adjudicate disputes between Users, including disputes relating to payments, refunds, cancellations, service quality, or outcomes.
10. Suggested Guidelines
10.1 Optional guidance.
The Platform may display suggested guidelines for cancellations, no shows, communications, or best practices to support clearer communications between Users.
10.2 No enforcement by Operator.
If suggested guidelines are displayed, the Operator does not enforce the guidelines.
11. In Person Meetings and Safety
11.1 Outside Operator control.
In the event that Users meet in person, the meeting occurs outside Operator control and the Operator does not inspect, supervise, or control any location where tutoring occurs.
11.2 Safety expectations.
Users remain responsible for reasonable safety precautions for in person meetings, including appropriate supervision and Guardian involvement where a Student has not reached the Age of Majority.
11.3 Assumption of risk for meetings.
You assume risks associated with meeting another User in person, including risks of misconduct, personal injury, property damage, and other harm.
11.4 Reports and tools. The Platform provides reporting tools, and Users report concerns
promptly, and receipt of a report does not create a duty to guarantee safety or outcomes.
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, credentials, availability, or intentions and you do not post Content that is false, deceptive, or misleading.
12.3 Protection of minors.
In the event that a Student has not reached the Age of Majority, 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 a lawful Booking arranged 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. Licence to the Operator for User Content
13.1 Purpose limited licence.
You grant the Operator a non-exclusive, worldwide, royalty free licence to host, store, reproduce, display, distribute, and make available your Content for the purpose of operating, promoting, and improving the Platform.
13.2 Technical modifications.
The Operator can make technical modifications to Content for formatting, compatibility, or performance purposes, without intentionally changing Content meaning.
13.3 Authority to grant.
You represent that you have the rights necessary to grant the licence in this section
14. Platform Intellectual Property
14.1 Operator intellectual property.
The Platform, the Services, and associated software, designs, trademarks, and Operator materials are owned by the Operator or its licensors.
14.2 Limited permission to use.
The Operator grants you a limited, non-exclusive, non-transferable permission to access and use the Platform for its intended purposes, subject to the Agreement Suite.
14.3 Restrictions.
You do not copy, sell, lease, reverse engineer, or create derivative works from the Platform except as permitted by law or with written permission of the Operator.
15. Privacy Bridge Clause
15.1 Privacy Policy governs personal information.
The Operator collection, use, disclosure, retention, and safeguarding of personal information are governed by the Privacy Policy.
15.2 Accuracy and authority to provide information.
You ensure personal information submitted is accurate and you ensure authority to provide it, including Guardian authority where required.
15.3 Service communications.
The Operator sends service-related communications necessary to operate Accounts and the Platform, and marketing communications are handled in accordance with the Privacy Policy and applicable law.
16. Suspension, Termination, and Platform Changes
16.1 Suspension or termination for breach.
In the event that the Operator reasonably believes you have breached any part of the Agreement Suite, the Operator has the right to suspend your Account, restrict access, or terminate access.
16.2 Risk based restrictions. In the event that the Operator reasonably believes an action
is necessary to reduce risk to Users or to the Operator, the Operator has the right to restrict features, remove Listings, limit communications, or impose other proportionate restrictions.
16.3 Service modifications.
The Operator has the right to modify, discontinue, or terminate the Platform or any part of the Services at any time, and the Operator is not liable for resulting unavailability except as required by applicable law.
16.4 Survival.
Provisions intended to survive termination survive termination, including intellectual property, disclaimers, limitation of liability, indemnities, and governing law clauses.
16.5 Enforcement tools.
The Operator reserves the right, in the sole discretion of the Operator, to take one or more of the following actions to the fullest extent permitted by law: (a) suspend, deactivate, or terminate an Account or access to the Platform or the Services, in whole or in part; (b) remove, disable access to, or discard Content, including Listings, profiles, and messages; (c) restrict features, visibility, ranking, communications, or functionality; (d) block or restrict access by email address, phone number, device identifier, IP address, payment instrument identifier, or other identifiers associated with you; and (e) implement other proportionate measures intended to protect Users, reduce risk, or maintain Platform integrity.
16.6 Timing, notice, and grounds.
In the event that the Operator takes action under section 16.5, the action can take effect immediately and without prior notice, and the Operator provides notice after the fact only where the Operator determines that notice is reasonably practicable and consistent with Platform integrity and safety, and the Operator has the right to take action where the Operator reasonably believes conduct is inconsistent with the Agreement Suite, creates legal or operational risk, creates safety risk, involves fraud or misuse, or undermines Platform integrity.
16.7 Effect of enforcement action.
In the event that the Operator takes action under section 16.5, the Operator is not required to maintain any Account, access, Listing, ranking, visibility, or Content, and 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.
16.8 Retention.
In the event that an Account is suspended or terminated, the Operator has the right to retain archived copies of Content and related records to the extent necessary for legal compliance, dispute management, fraud prevention, and Platform integrity, and handling of personal information remains governed by the Privacy Policy.
17. Disclaimers
17.1 As is and as available.
The Platform and the Services are provided on an as is and as available basis.
17.2 No warranties.
To the fullest extent permitted by law, the Operator disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non infringement.
17.3 No guarantee of availability or accuracy. The Operator does not warrant
uninterrupted service, security, error free operation, or Content accuracy, completeness, or reliability.
18. Assumption of Risk and Release
18.1 User conduct not controlled.
You acknowledge that the Operator does not control User conduct and the Operator cannot predict or guarantee how Users act in interactions.
18.2 Assumption of risk.
You voluntarily assume risks arising from Platform use and interactions with other Users, whether online or in person.
18.3 Release.
To the fullest extent permitted by law, you release the Operator and Operator directors, officers, employees, contractors, and agents from claims arising out of or relating to Platform use or interactions with other Users.
18.4 Non excludable rights.
Nothing in the Agreement Suite limits rights or remedies that cannot be excluded or limited under applicable law.
19. Limitation of Liability
19.1 Excluded damages.
To the fullest extent permitted by law, the Operator is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business interruption.
19.2 User to user arrangements.
To the fullest extent permitted by law, the Operator is not liable for damages arising from tutoring services, meetings, communications, transactions, or disputes between Users.
20. Indemnity
20.1 General indemnity.
You indemnify and hold harmless the Operator and Operator directors, officers, employees, contractors, and agents from claims, liabilities, damages, losses, and expenses arising out of or relating to breach of the Agreement Suite.
20.2 Content and interactions.
The indemnity includes claims arising from your Content and claims arising from your interactions or transactions with other Users.
21. Governing Law
21.1 Governing law.
The Agreement Suite is governed by the laws of British Columbia.
22. Updates to the Agreement Suite
22.1 Updates.
The Operator has the right, in the sole discretion of the Operator, to update, change, modify these Terms of Use, the Tutor User Agreement, the Student Parent User Agreement, and the Privacy Policy by posting updated versions on the Platform and updating the applicable effective dates.
22.2 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 shall stop using the Platform and close your Account, and any access or use after the effective time constitutes acceptance.
22.3 Material change notice.
In the event that the Operator determines a change is material, the Operator provides additional notice through the Platform, by email, or through in product notices, and you shall keep contact information current.
23. Notices and Contact
23.1 Notices from the Operator.
The Operator provides notices through the Platform, by email, or by other reasonable means.
23.2 Notices to the Operator.
You provide notices to the Operator using the contact information stated at the beginning of these Terms of Use.
24. General
24.1 Severability.
In the event that any provision is held invalid or unenforceable, the remaining provisions remain in effect.
24.2 No waiver.
A failure to enforce a provision does not waive the right to enforce the provision later.
24.3 Assignment.
You do not assign rights or obligations under the Agreement Suite without written consent of the Operator, and the Operator assigns the Agreement Suite in connection with a reorganization, merger, or sale of assets.
24.4 Entire agreement.
The Agreement Suite forms the entire agreement between you and the Operator regarding the Platform and supersedes prior or contemporaneous understandings relating to the Platform.