Tutor User Agreement (V1.1)
1. Agreement Structure and Acceptance
1.1 Agreement suite.
This Tutor User Agreement forms part of the Agreement Suite and applies only when you use the Platform as a Tutor.
1.2 Incorporation of Terms of Use and Privacy Policy.
The Terms of Use and the Privacy Policy are incorporated into this Tutor User Agreement by reference and they apply to you as a Tutor.
1.3 Priority rule.
In the event that there is a conflict between this Tutor User Agreement and the Terms of Use, this Tutor User Agreement prevails only to the extent of the conflict and only for the subject matter addressed in this Tutor User Agreement.
1.4 How you accept.
You accept this Tutor User Agreement when you click to accept, check an acceptance box, register a Tutor account, purchase a Subscription Plan, publish a Listing, or otherwise access or use Tutor Features.
1.5 Electronic records.
You agree that electronic records maintained by the Operator relating to acceptance, account activity, and Subscription transactions demonstrate acceptance and timing, subject to applicable law.
1.6 Separate payment authorization.
In the event that you accept this Tutor User Agreement at Tutor account registration before purchasing a Subscription Plan, your acceptance forms a binding agreement governing Tutor use of the Platform, and authorization for recurring Subscription charges is provided only when you purchase a Subscription Plan and submit payment details through the Platform checkout flow.
2. Definitions
2.1 Account has the meaning set out in the Terms of Use.
2.2 Agreement Suite means the Terms of Use, the Privacy Policy, this Tutor User Agreement, and the Student User Agreement, as each is updated from time to time in accordance with the applicable change provisions.
2.3 Billing Cycle means a monthly billing period that begins on the Subscription Start Date and renews in accordance with section 5.3.
2.4 Content has the meaning set out in the Terms of Use.
2.5 Fees means Plan Fees and any applicable taxes charged for a Subscription Plan.
2.6 Listing has the meaning set out in the Terms of Use and includes your Tutor profile and any Content you publish as part of your Tutor presence on the Platform.
2.7 Plan Change means an upgrade, downgrade, or other change from one Subscription Plan to another.
2.8 Plan Fee means the recurring monthly fee for a Subscription Plan as described on the Platform, which is payable in accordance with this Tutor User Agreement.
2.9 Plan Features means Tutor Features included in a Subscription Plan as described on the Platform at the time of selection or renewal.
2.10 Student and Guardian have the meanings set out in the Terms of Use.
2.11 Subscription means the paid monthly subscription associated with a Subscription Plan.
2.12 Subscription Plan means a subscription tier selected by you through the Platform, which determines applicable Fees and available Plan Features.
2.13 Subscription Start Date means the date and time when the first successful payment for the Subscription Plan is processed.
2.14 Tutor Features means features made available to Tutors that can include Listing tools, profile tools, as described on the Platform.
3. Tutor Status and Platform Role
3.1 Marketplace technology only.
Tutor Features support publication of Listings and communication with Students and Guardians so that Users 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 you deliver tutoring services.
3.3 No agency and no authority to bind.
You do not act as an agent of the Operator and you do not have authority to make commitments or representations on behalf of the Operator.
3.4 Independent business activity.
You operate as an independent provider of tutoring services and you set your own rates, service terms, and methods of delivery.
##4. Tutor Account, Compliance, Attestation and Warranties
4.1 Accurate account information.
You provide accurate, complete, and current information when creating and maintaining a Tutor account and you promptly update information when it changes.
4.2 Legal capacity and eligibility.
You confirm that you have legal capacity to enter into this Tutor User Agreement and you are not prohibited from using the Platform under applicable law.
4.3 Compliance responsibility.
You remain responsible for compliance with laws that apply to you and your tutoring services, including laws relating to minors and any professional or licensing requirements that apply to subjects you teach.
4.4 Account integrity.
In the event that the Operator reasonably believes you have created multiple accounts to evade enforcement, restrictions, or Fees, the Operator has the right to suspend or terminate some or all related accounts.
4.5 Attestation requirement.
As a condition of creating or maintaining a Tutor account and using Tutor Features, you provide the attestations and warranties set out in this section, and you confirm that the Operator is entitled to rely on them.
5. Subscription Plans, Fees, Auto Renewal, and Cancellation
5.1 Subscription Plan selection and access.
Access to Tutor Features that require payment depends on purchase of a Subscription Plan and successful payment, and in the event that you register a Tutor account without purchasing a Subscription Plan, you do not receive access to Tutor Features that are designated as paid features on the Platform.
5.2 Plan Fees and Plan Features.
Plan Fees and Plan Features vary by Subscription Plan and are described on the Platform, and you remain responsible for reviewing Plan Fees and Plan Features before purchase and before renewal.
5.3 Monthly Billing Cycle.
Each Billing Cycle begins on the Subscription Start Date and renews on the corresponding calendar day of each month, and in the event that a month does not have the renewal calendar day, renewal occurs on the last day of that month and the next renewal occurs on the corresponding day in the following month when available.
5.4 Authorization for recurring charges.
In the event that you purchase a Subscription Plan, you authorize the Operator and any payment processor used by the Operator to charge the payment method on file for recurring monthly Fees until you cancel auto renewal, and you remain responsible for maintaining a valid payment method on file and for updating payment information promptly to avoid interruption.
5.5 Auto renewal.
The Subscription renews automatically at the start of each new Billing Cycle unless you cancel auto renewal before the renewal time described on the Platform.
5.6 Cancellation effect.
In the event that you cancel auto renewal, the cancellation stops future renewals and access to Plan Features continues until the end of the then current Billing Cycle.
5.7 No refunds and no proration.
In the event that you cancel auto renewal or stop using Tutor Features during a Billing Cycle, Fees paid for the then current Billing Cycle are not refunded and are not prorated.
5.8 Plan Changes.
In the event that you request a Plan Change, the Operator has the right to apply the Plan Change according to the following rules:
(a) an upgrade takes effect only upon successful payment of any additional Fees required through the Platform checkout flow and Plan Features for the upgraded Subscription Plan apply from the upgrade effective time;
(b) a downgrade takes effect at the end of the then current Billing Cycle and Plan Features for the downgraded Subscription Plan apply from the next Billing Cycle; and
(c) a Plan Change does not create a refund or proration of Fees.
5.9 No trial period and no grace period.
The Subscription does not include a free trial period and it does not include a grace period, and in the event that payment is not successfully processed, access to Plan Features that require payment does not continue.
5.10 Pricing and plan changes by the Operator.
In the event that the Operator changes Plan Fees, Plan Features, plan eligibility, or plan structure, the Operator reserves the right, in the sole discretion of the Operator, to implement the change by posting updated information on the Platform, and the change applies at the next renewal after the effective posting time unless applicable law requires different notice or timing.
5.11 Taxes, receipts, and records.
Fees are exclusive of applicable taxes unless the Platform states otherwise, you remain responsible for applicable taxes, the Operator provides transaction confirmations or receipts through the Platform or by email, and you remain responsible for maintaining records needed for your business purposes.
6. Payment Processing and Failed Payments
6.1 Third party payment processing.
Payment processing is performed through one or more third party payment processors, payment processing remains subject to the applicable terms between you and the payment processor, and the Operator is not responsible for acts or omissions of a payment processor except as required by applicable law.
6.2 Failed payments and suspension.
In the event that a payment fails, the Operator has the right to suspend access to Plan Features until payment is successfully processed, and the Operator has the right to hide, unpublish, or restrict your Listing while the Subscription is not active.
6.3 Reactivation and continued non-payment.
In the event that payment is successfully processed after suspension, the Operator restores Plan Features subject to system processing and any compliance or enforcement restrictions under the Agreement Suite, and in the event that non-payment continues, the Operator has the right to terminate your Tutor account and remove your Listing.
7. Chargebacks, Reversals, and Payment Disputes
7.1 Chargebacks and reversals.
In the event that you initiate a chargeback or payment reversal relating to Fees, the Operator has the right to suspend Plan Features pending resolution, and the Operator has the right to treat the chargeback or reversal as non payment for the purposes of section 6.2 and section 6.3, to the fullest extent permitted by law.
7.2 Recovery of costs.
In the event that a chargeback or reversal is initiated without a valid basis, the Operator has the right to recover administrative costs and reasonable expenses incurred in responding to the chargeback or reversal, to the fullest extent permitted by law.
8. Listing Standards and Content Requirements
8.1 Truthful and not misleading.
Your Listing and related Content are truthful, accurate, and not misleading, and you do not claim credentials, experience, or affiliations that are not accurate.
8.2 Clear service description.
Your Listing describes tutoring services in a clear manner, including subjects, format, general availability, and any information required by the Platform.
8.3 Rates and service terms in Listings.
In the event that you publish rates or service terms in a Listing, you ensure those terms are current and clearly described, and you remain responsible for communicating changes directly to Students and Guardians.
8.4 Content rights.
You post Content only where you have the right to use and share it and your Content does not infringe intellectual property rights, privacy rights, publicity rights, or other rights of any person.
8.5 Professional conduct in Listings.
Your Listing does not include harassing, discriminatory, obscene, or unlawful content and it does not include content that creates safety risk, including content directed at minors that is inappropriate or exploitative.
9. Tutor Representations, Warranties.
9.1 Authority and compliance.
You represent that you have the right and authority to offer the tutoring services described in your Listing and you comply with laws that apply to your services.
9.2 Qualifications and authorizations.
You warrant that you have all qualifications, training, registrations, licences, permits, and other authorizations required to provide tutoring services that you advertise, and you attest and warrant that any qualification or credential stated in a Listing is accurate, current, and not misleading.
9.3 Legal eligibility and residency related compliance.
You warrant that you are legally eligible to provide tutoring services from your location and to the Students you choose to serve, including eligibility relating to residency status, immigration status, work authorization, or similar legal requirements that apply to you, and you remain responsible for determining and complying with such requirements.
9.4 No unlawful or prohibited Content.
You warrant that you do not post, upload, transmit, or otherwise make available any Content that is unlawful, fraudulent, misleading, abusive, discriminatory, obscene, or otherwise prohibited by the Agreement Suite or applicable law.
9.5 No infringement and no misuse of personal information.
You warrant that Content you provide does not infringe intellectual property rights, privacy rights, or other rights of any person, and you do not use personal information obtained through the Platform except as necessary for legitimate tutoring communications and scheduling, and you handle personal information in a manner consistent with applicable law.
9.6 Ongoing accuracy.
You warrant that these attestations remain true on an ongoing basis, and in the event that any attestation becomes untrue or inaccurate, you update your Listing promptly and you stop offering or advertising services that you are not legally eligible to provide.
9.7 Consequences of false attestation.
In the event that the Operator reasonably believes a warranty in this section is false, misleading, incomplete, or no longer accurate, the Operator has the right to take action under this Tutor User Agreement and the Terms of Use, including suspension or termination of your Tutor account, removal of Listings, and restriction of Tutor Features, and Fees are not refundable except as required by applicable law.
9.8 No implication of verification.
You acknowledge that the Operator does not verify credentials or background and you do not state or imply that the Operator has verified you unless the Operator provides an explicit verification badge and you comply with its rules.
9.9 Risk management.
In the event that your services require insurance or specific risk management practices, you represent that you maintain appropriate arrangements for your business activities.
10. Relationship With Students and Guardians
10.1 Direct relationship.
Any tutoring services are provided by you directly to a Student or Guardian and you remain responsible for your agreements, communications, and service delivery.
10.2 Payments handled outside the Platform.
The Operator does not collect lesson fees and you arrange payments directly with Students and Guardians through methods you select.
10.3 Cancellations and refunds handled by you.
In the event that a Student or Guardian cancels, requests a refund, or disputes a fee, you handle the matter directly with the Student or Guardian and the Operator does not administer the dispute.
10.4 No representation of the Operator.
You do not represent that you act on behalf of the Operator and you do not represent that the Operator guarantees your services, outcomes, or availability.
11. Minors and Safety Responsibilities
11.1 Guardian involvement.
In the event that you provide services to a Student who has not reached the Age of Majority, you communicate with the Guardian where appropriate and you follow reasonable safety practices suitable for minors.
11.2 Appropriate conduct.
You maintain professional boundaries and appropriate conduct in communications and interactions, including communications through Platform tools and off Platform communications.
11.3 In person meetings.
In the event that tutoring occurs in person, you remain responsible for selecting a safe location and for implementing reasonable safety measures.
11.4 Reporting concerns.
In the event that you have safety concerns about a Student, a Guardian, or another User, you shall report the concern using Platform reporting tools where available and you shall contact appropriate authorities when required by law or when necessary for safety.
12. Enforcement, Removal, and Platform Control
12.1 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) remove, restrict, or disable access to a Listing or other Tutor Content; (b) restrict or disable Tutor Features, including messaging, booking tools, and visibility; (c) suspend, deactivate, or terminate a Tutor account or access to Tutor Features, in whole or in part; (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.
12.2 Timing and notice. In the event that the Operator takes action under section 12.1, 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.
12.3 Grounds.
Without limiting the generality of section 12.1, the Operator has the right to take action where the Operator reasonably believes a Listing, Content, or conduct violates the Agreement Suite, is misleading, is unsafe, is unlawful, creates legal or operational risk, involves fraud or misuse, or undermines Platform integrity.
12.4 No obligation to publish or maintain visibility.
The Operator is not required to publish or maintain any Listing and the Operator is not required to provide a specific level of visibility, ranking, or leads.
12.5 Retention and records.
In the event that a Tutor account is suspended or terminated, the Operator has the right to retain archived copies of Tutor 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.
12.6 No liability for enforcement actions.
In the event that the Operator takes action under this section, 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.
13. Intellectual Property and Licence for Tutor Content
13.1 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 your Listing and related Content for the purpose of operating, promoting, and improving the Platform.
13.2 Technical modifications.
The Operator has the right to make technical modifications to Content for formatting, compatibility, or performance purposes, without intentionally changing meaning.
13.3 Archiving after removal.
In the event that your Listing is removed or your Tutor account is terminated, the Operator has the right to retain archived copies to the extent necessary for legal compliance, dispute management, fraud prevention, and Platform integrity.
14. Disclaimers and Limitation of Liability
14.1 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 Tutor User Agreement.
14.2 No guarantee of results.
The Operator does not guarantee leads, bookings, revenue, or any particular outcome from use of Tutor Features.
14.3 User disputes.
In the event that you have a dispute with a Student or Guardian, you handle the dispute directly with that User and the Operator is not liable for losses arising from the dispute, except as required by applicable law.
15. Indemnity
15.1 Indemnity in Terms of Use applies.
The indemnity provisions in the Terms of Use apply to this Tutor User Agreement and apply to your Listing, Content, and interactions with Students and Guardians.
15.2 Tutor specific indemnity.
In the event that a claim arises from tutoring services, Listings, representations, or breach of the Agreement Suite, you indemnify and hold harmless the Operator to the fullest extent permitted by law.
16. Term, Termination, and Survival
16.1 Term.
This Tutor User Agreement begins when you accept it and it continues until termination in accordance with the Agreement Suite.
16.2 Termination by Tutor.
You can stop using Tutor Features by cancelling auto renewal and discontinuing use of Tutor Features, and you remain responsible for Fees owed up to the end of the then current Billing Cycle.
16.3 Termination by 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 Tutor account and your access to Tutor Features.
16.4 Survival.
Provisions intended to survive termination shall survive termination, including Fees owed, intellectual property, licences, disclaimers, limitation of liability, indemnities, and governing law clauses.
17. Changes to Tutor User Agreement
17.1 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 Tutor User Agreement at any time.
17.2 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.
17.3 Review obligation.
You review this Tutor User Agreement on a regular basis to remain informed of changes.
17.4 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 shall stop using the Platform and close your Account, and any access or use after the effective time constitutes acceptance.
18. Governing Law and Venue
18.1 Governing law.
This Tutor User Agreement is governed by the laws of British Columbia.
19. General
19.1 Severability.
In the event that any provision is held invalid or unenforceable, the remaining provisions remain in effect.
19.2 No waiver.
A failure to enforce a provision does not waive the right to enforce the provision later.
19.3 Assignment.
You do not assign rights or obligations under this Tutor User Agreement without written consent of the Operator, and the Operator assigns this Tutor User Agreement in connection with a reorganization, merger, or sale of assets.
19.4 Entire agreement for Tutor role.
This Tutor User Agreement, together with the Terms of Use and the Privacy Policy, forms the entire agreement between you and the Operator regarding Tutor use of the Platform.