THIS TERMS AND CONDITIONS APPLIES TO TUITIONIZE APPS, WEBSITE AND (COLLECTIVELY THE “PLATFORM”), SERVICES AND TOOLS REGARDLESS OF HOW YOU ACCESS OR USE ANY OF THEM.
TUITIONIZE RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DENY FURTHER OR CONTINUING ACCESS TO OUR SITE TO ANY VISITOR, INCLUDING, WITHOUT LIMITATION, ANY USER THAT HAS VIOLATED ANY ASPECT OF THE AGREEMENT.
All reference to ‘Tuitionize, The App/s, or The Platform,’ refers to Tuitionize platform, its staff, employees, sub-contractors, agents and representatives.
Users of Tuitionize apps and website are bound, as a condition of continued use of the Platform, to comply with the rules set out below. This is to ensure that the facilities are properly and safely used and that all Users have full advantage of them without interfering with the enjoyment of others.
Tuitionize reserves the right to update, modify or amend these Terms at any time, and any such updates, modifications or amendments will be binding on you. Because these Terms are binding upon you in connection with any use you make of the Site at any time, you should regularly check for changes before proceeding to use this Site.
The section headings used in these Terms are for reference purposes only and shall not be used in the interpretation of the meaning of these Terms.'
INTRODUCTION
Tuitionize apps and website is an establishment that provides online tutoring services through professional contents creators to aid learning of its Users through its Platform. We are not regulated or registered under educational board and do not issue certificate after any learning process you may undergo through our platform.
1. DEFINITION OF TERMS
"Agreement" shall mean the entire documents and the contents herein. You agree to be bound by the provisions of this Agreement.
“User/s" shall mean any website visitor or individual who has registered on this website tutoring services.
"Charges" shall mean how a User will billed for the tutoring services provided through this platform.
"Registration" shall mean an account creation process where you provide us with certain personal identifiable information for the purpose of receiving our tutoring services.
"The Service" Shall mean the tutoring services and such other services provided through this platform.
"Subscription" shall mean the monthly payment we charge you for the tutoring services you receive through this platform.
"Third Party Payment Processor" Shall mean third party entities that process payments on our behalf. (e.g. PayPal etc)
"Processing fee" shall mean the little amount of £5 charged to you by our third party payment processors for the subscription payments made by you.
"Trademarks" shall mean any mark, signs of Tuitionize apps and website as may be displayed on any part of this platform.
"Platform Contents" shall mean the learning materials, tutorials, courses made available to you through our content creators.
"Content creators" shall mean certified individuals that provide tutoring services to website users through this platform.
2. ELIGIBILITY
You must be at least 18 years of age to register account/s and make or receive payment/s. Any use of the Service is void where prohibited. By accessing and using the Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms of this Agreement.
2.1. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United Kingdom, you are responsible for complying with the International, Federal, National and State laws and regulations of the territory from which you access or use the Platform or Service. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
3. USER REGISTRATION
If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information.
3.1. During registration, you will create a user name and password (an "Account"), which may permit you access to certain areas of the Platform not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorised the activity. You agree to notify us immediately about any breach of security or unauthorised use of your Account.
4. CHARGES
To subscribe to any of our tutoring or coaching services or use any of the contents made available to you on our Platform, you’ll be required to go through a registration process. You can either register by using your email and creating a password. If you’re already registered, you’ll be required to log in to access the service.
4.1. You will be charged through PayPal (our third party payment processor) or your credit/debit card for all payments made by you. You will be charged on a monthly basis for the tutoring service we provide. You understand that payment processing charges or taxes may apply to payments completed through the apps or website.
4.2. All payments will be made prior to the commencement of our tutoring service to you, and shall be recurring on a monthly basis (at the beginning of every month) until you unsubscribe this service or in the event your account is terminated. You may be need to submit a written request for terminating or cancelling your subscription to the services 30 days in advance before stopping your direct debit or standing order.
4.3. In the event you want to cancel your subscription to our service, you shall do so within seven (7) days since you subscribed to the services. You expressly understand that a processing fee in the amount of £5 and fees for tutoring service shall be charged to you.
5. ACCESS AND USE
Access to the Platform including, without limitation, the Platform Content is provided for your information and personal, non-commercial use only. When using the platform, you agree to comply with all applicable laws and regulatory provisions including, without limitation, copyright law. Except as expressly permitted in these Agreement, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Platform Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner.
Furthermore, except as expressly permitted in this Agreement, you may not:
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Platform or Platform Content;
circumvent, disable or otherwise interfere with security-related features of the Platform including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Platform or Platform Content;
- use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Platform or Platform Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Platform Content from the Platform for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Platform Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- collect or harvest any personally identifiable information from the Platform including, without limitation, user names, passwords, email addresses;
- solicit other users to join or become Users of any commercial online service or other organisation without our prior written approval;
attempt to or interfere with the proper working of the Platform or impair, overburden, or disable the same;
decompile, reverse engineer, or disassemble any portion of the Platform;
- use network-monitoring software to determine the architecture of or extract usage data from the Platform;
- encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's Account (as "Account" is defined below without permission, etc.);
- affect us adversely or reflect negatively on us, the Platform, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Platform, or from advertising, linking or becoming a supplier to us in connection with the Platform;
- engage in any conduct that restricts or inhibits any other user from using or enjoying the Platform.
Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of this Agreement.
6. INTELLECTUAL PROPERTY RIGHTS
The trademarks of Tuitionize are proprietary to Tuitionize and may not be used by you for any reasons other than as expressly permitted by these terms. All Platform content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Tuitionize Limited.
6.1. Any other use of materials on the Platform, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Tuitionize Ltd, is strictly prohibited.
6.2. You acknowledge that Tuitionize Ltd, its apps and website, and/or third-party content providers remain the owners of all Platform materials and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with this Agreement. Tuitionize may discontinue or remove the Platform, or any portion thereof, or discontinue your right to use the Platform, or any portion thereof, at any time.
6.3. As between you and Tuitionize Ltd, you own all content that you submit to Tuitionize Ltd and its apps and website. You grant Tuitionize Ltd (and its apps and website) and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of Tuitionize apps and website’s services permission to view your content for their personal, non-commercial purposes.
7. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
We may provide users and viewers with the opportunity to register for special promotions, services, newsletters, and information delivered via text messaging, electronic mails and other wireless devices such as mobile phones. Users are required to provide their consent to receive such information from us, either by registering on this Platform or via their wireless device. Such services and promotional opportunities are provided by us or other third parties. The information requested as part of the online registration process is a user's telephone number or a wireless email address, but only if specifically requested, and the carrier's name. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy.
7.1. Under no circumstances will we be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
7.2. You understand, acknowledge and agree that we may, in our sole discretion and without liability to any user, terminate the offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of terminations or changes in services on this Platform.
8. PLATFORM CONTENT & THIRD PARTY LINKS
We provide the Platform including, without limitation, Platform Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Platform for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Platform Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Platform Content.
8.1. The Platform may contain links to other Platforms maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party Platforms. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Platforms or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their Platform.
9. INDEMNIFICATION
You agree to indemnify and hold harmless the Platform, us, and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Platform; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Agreement; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defence of any claim that is the subject of your obligations hereunder.
10. LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE PLATFORM, US, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, MISLEADING INFORMATION, NON PROGRESSION, UNRELIABILITY, INACCURACY, ANY LOSS OR CORRUPTION OF DATA, (III) ANY LOSS OF PROFIT, REVENUE OR GOODWILL, OR (IV) ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS ARISING (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE PLATFORM OR THESE AGREEMENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM INCLUDING, WITHOUT LIMITATION, THE PLATFORM CONTENT IS TO STOP USING THE PLATFORM. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE PLATFORM OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE PLATFORM OR ANY LINKS ON THE PLATFORM. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE PLATFORM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE PLATFORM, US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY THE ABOVE LISTED PARTIES DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE PLATFORM OR this AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED
11. TERMINATION
We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Platform for any reason including platform misuse, miss-payment, negative attitude, aggressive, bullying, offensive, threatening, fraudulent acts, without limitation or if you have failed to comply with the terms of this Agreement in any way. You agree that the Platform, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Platform.
11.1. Any suspension or termination shall not affect your obligations to us under this Agreement. The provisions of these Agreement which by their nature should survive the suspension or termination of your Account or these Agreement shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions set forth below.
12. FORCE MAJEURE
We will not be liable for failure to perform any part of our service if such failure is as a result of a force majeure event or acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service. Whilst the performance has been suspended for more than 14 days, either the Company or the User may terminate this agreement by immediate written notice.
13. CHOICE OF LAW; JURISDICTION AND VENUE
This Agreement shall be construed in accordance with the laws of the English laws. Any legal proceedings against the Platform, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or related companies that may arise out of, relate to, or be in any way connected with our Platform or this Agreement shall be brought exclusively in courts in the United Kingdom; and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
14. ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER
BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT
15. MISCELLANEOUS
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of this Agreement is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
15.1. This Agreement (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.
15.2. You may not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign this Agreement or any rights hereunder without your consent and without notice.
For more information or questions about your use of our Platform, please contact us at admin@tuitionize.com
