Legal

My Tutoring Pro:  Terms and Conditions                                                            26/07/2020

 

  1. GENERAL:

 

    1. You agree that by using our site and/or applications that you have read and understand these Terms
    2. After completing the registration process, you become a member and thereby agree to the rights and obligations stipulated in these Terms and Conditions.
    3. If you use our Site, Applications or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Services.

 

    1. These Terms cover your use of our Site, Applications and Services and all Content and constitute a binding legal agreement between you and My Language Pro.
    2. If you do not agree to these Terms, you must not the Site, Applications or Services.

 

    1. In addition, not using Site, Applications or Services in accordance with these Terms may subject you to civil and criminal penalties.

 

    1. You agree that My Language Pro is not a party to any agreement that a student enters into with a tutor. We are not language agents. You agree that My Language Pro has no control over the conduct of students, tutors or other users of the site.

 

    1. All tutors on My Language Pro agree that you are an independent third-party contractor and not an employee of My Language Pro. You offer your services entirely for your own benefit, not on behalf of us. We do not control your listing or your activities related to any services that you provide and we are not responsible for these in any way.

 

 

    1. Furthermore, you agree that you will not make any representations that you are endorsed in any way by My Language Pro.

 

    1. You agree that by using our site and/or applications that you have read, understand and agree to these Terms. You cannot use our site and/or applications if you do not agree with all of these terms. 
    2. If you accept or agree to these Terms on behalf of a company or other legal entity, you agree you have the authority to bind them to these Terms. 

 

    1. Unless explicitly specified otherwise in these Terms and Services, My Language Pro’s responsibilities are limited to facilitating the availability of the Site, Application and Services.

 

 

  1. Our Service:
    1. The main purpose of this website is to provide a teacher-student matching service platform.
    2. The purpose of this online service is to provide student members who have language learning wants, thereby attaining the goal of one-on-one teaching included in these Terms and Conditions.
    3. The student examines the profile information provided by the tutor. The student then chooses a tutor based on this information. The student believes that the tutor will be well placed to teach them the skills listed by the tutor.
    4. Either a tutor or student may at any time terminate their use of our website and/or applications.

 

  1. How our website, applications and services operate

 

    1. The Site or Application is a venue where:
      1. Tutors and students upload information related to learning languages.
      2. Tutors and students conduct searches, connect with, choose, and engage each other for the purposes of language learning.
      3. Students conduct searches, connect with, choose, and engage Tutors directly for language instruction.
      4. Tutors advertise their capabilities, respond to inquiries, connect with and engage to provide their Services directly to Students.
      5. In providing the Services, we only provide the platform for Students and Tutors to find and contract with each other.
      6. We also provide to Students and Tutors some assistance, credit purchase and payment tools, dispute resolution process and dispute assistance. Note: Payment Services does not mean a Connection Service.

 

  1. What we do for Students and Tutors:

 

    1. We make our website and applications available where Tutors and Students locate and connect with each other and take advantage of the services. We are not involved in the dealing and contracting between Students and Teachers at all, nor in the Teachers' delivery of teaching services to Students. We have no control over and do not guarantee the quality, safety or legality of teaching advertised, the truth or accuracy of listings, the qualifications, background, or abilities of Tutors, the ability of Tutors to deliver teaching, the ability of Students to pay for teaching, or that a Student or Tutor can or will actually complete a transaction.

 

    1. Undertaking of Lesson Contracts
      Once the tutor’s availability, services, and price are accepted by both the Student and the Tutor, the Student agrees to purchase, and the Tutor agrees to deliver, the Tutor Services in accordance with the terms and conditions (collectively the "Lesson Contract").

 

    1. You will not enter into any contractual provisions in conflict with the Terms of Service.

 

    1. Both the Tutor and Student are to act in good faith and fairness in performance of the Lesson Contract.

 

    1. The Student and the Tutor agree that we have the right to take  actions regarding the Lesson Contract, including suspension, termination, or legal actions, as we in our sole discretion deem it necessary to protect the value, reputation, and goodwill of the our business.

 

  1. GENERAL TERMS & CONDITIONS FOR STUDENTS & TEACHERS:
    1. Our Services are available only to legal entities and individuals in business who can form legally binding contracts. To register for an account with My Language Pro and to become a Member, you must accept all of the terms and conditions in, and linked to, the Terms and Conditions. We reserve the right at our sole discretion to refuse, suspend, or terminate service to anyone.

 

    1. It is the sole responsibility of each tutors and Student that all personal details, including contact email addresses are up to date and accurate at all times. By accepting these terms and conditions all Tutors and Students release My Language Pro from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to inaccurate personal information being held on the site or application. All Members are solely responsible for the content and accuracy of any information published by them on My Language Pro.

 

    1. We reserve the right to suspend or terminate any Tutor or Student for any reason. No refunds, payments or compensation of any kind will be paid to Tutors or Students whose registration has been terminated due to breach of these Terms and Conditions.

 

  1. Enforcement of Terms and Conditions

 

    1. We may suspend or cancel your Tutor or Student account if we believe that you have gone against the letter or spirit of the Terms and Conditions or violated our rights or those of another party.
    2. My Language Pro can suspend or terminate a tutor or student account and refuse to provide any services to you if you breach any of the terms and conditions, or we are unable to verify or any information you provide to us or we suspect that your actions may cause legal liability for you, our users or for My Language Pro.
    3. If your account is suspected you may not continue to use My Language Pro services under another account.  We may also choose to take any legal action we deem necessary.
    4. We may terminate any Tutor or Student for any reason, at our sole discretion, and to refuse to provide registration and membership to you in the future. When your membership is cancelled, you may no longer have access to data, messages, files and other material you keep on the Site or Application.
    5. Unable to transfer Terms and Conditions:

You may not assign or transfer these Terms and Conditions without our written permission. If you try, any attempt will be of no effect. We may assign or transfer these Terms and Conditions, at its sole discretion, without restriction. These Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

  1. ENFORCEMENT OF OUR RIGHTS

 

    1. Just because we do not enforce a right in these Terms and Conditions does not waive our right future enforcement of that right. In addition, the exercise by either party of any of its remedies under these terms and conditions will be without prejudice to its other remedies under these terms and conditions and otherwise.
    2. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

  1. Changes to our website, applications and content

 

    1. We may change our website, applications, content, Terms and Conditions or service fees at any time, at our sole discretion and without prior notice.

 

    1. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

 

  1. Contacting Customer Service

 

    1. If you wish to report a violation of Site, Application or Service Policies, have any questions or need assistance, please contact us through our website.

 

  1. My Language Pro User Service Agreement
    1. My Language Pro reserves the right to update, modify, and supplement the Service Agreement on an unscheduled basis.

 

11. Fee Collection Service

    1. After student members select their preferred tutors/s they need to pay for the lessons that they wish to take. Once the lesson has been provided, the student will be charged a third-party transfer fee and the cost of the lesson. The commission paid to us will come from the cost of the lesson.
    2. Tutors are fully responsible for paying all taxes in their own country.

 

  1. People who can use our Website, Applications and Services

 

    1. We may, at our sole discretion and to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports.

 

    1. You confirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and are able to abide by and comply with these Terms of Service.

 

 

  1. OUR LICENCE TO YOU:

 

    1. Our licence for Students and Tutors to use our Website and Applications:

 

      1. Subject to and conditioned on compliance with the Terms of Service, we allow Tutors and Students a limited license to access and use our Site and/or Applications purely for ordering and receiving language tutoring services.
      2. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site or Application unless expressly permitted by law.
      3. This Site or Application or any portion of this Site or Application may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us.

 

    1. My Language Pro Content and Member Content License

 

      1. If you obey these terms and conditions we may grant you a limited, non-exclusive, non-transferable license, to access and view My Language Pro, student and tutor content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
      2. As part of this agreement, you will not use in any way the website, applications or our services except as expressly stated in these terms and conditions. Note that no rights are granted to you to any intellectual property rights owned or controlled by us, except for the licenses and rights expressly granted in these terms and conditions.

 

  1. Tutor and Student Content

 

    1. We may allow you to post your tutor and student information at our sole discretion. you hereby grant My Language Pro a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the My Language Pro site, applications and services. We don’t claim any ownership rights in any such content. 

 

    1. You are solely responsible for all content on our website and applications that you make available to us. You agree that you are either are the sole and exclusive owner of all content that you make available through our website, applications and services. You also agree that you have the right to grant us use of the content. We may use content that you upload in our promotional campaigns.
    2. the Site, Application, Services or through italki promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to italki the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or italki’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or italki promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

  1. REGISTERING:
     
    1. Registering for an Account:

 

      1. To access our Site and Applications, and to participate in language learning Connection Services and Payment Services on My Language Pro, you must register to create an account and become a Member.
      2. Your italki Account and your italki Account profile page will be created by you based upon the personal information you provide to us. You may not have more than one active Account with us. You agree to only provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete at all times. We reserve the right to suspend or terminate your My Language Pro account at our sole discretion.
      3. You are responsible for safeguarding your password.

 

  1. Accepting a Student’s Request to Teach

 

    1. Tutors will receive requests for lesson requests from student for their teaching services. If a tutor accepts a lesson request, the tutor will provide teaching services to the Student at the date and time notified in the request. A tutor can choose to decline the request. In addition, if a tutor does not respond then the request will automatically expire.

 

  1. Cancelling Lesson Requests

 

    1. If we decide, for any reason, to cancel a request for a lesson or lessons then we, the Student or the Tutor are not liable for any cancellation or refund.

 

  1. Lesson Packages

 

    1. Session packages on italki are valid for 6 months. Reminders will be sent to both the Student and the Teacher when the expiration date of their package comes due. If there is no action taken by the Student, then all remaining italki Credits in the package will be sent to the Teacher, minus italki's normal commission. If no action is taken by the Teacher, then all remaining italki Credits in the package will be returned to the Student.

 

  1. If there is a dispute as to who cancelled a package then we will mediate the dispute. Our decision on the dispute is final. Please note that in the case of a dispute, it is up to the Teacher and the Student to provide proof to us to support their positions.

 

20. Termination of the Service Agreement

    1. If both parties have reached a lesson agreement prior to termination, the following still applies:
      1. My Language Pro still has to fulfill the obligation to assist members in fulfilling the lesson agreement that was already established prior to termination.
      2. If a Student and Tutor have already established a lesson agreement prior to a termination of the Service Agreement with My Language Pro, they must still fulfill their obligations in the lesson agreement.
      3. My language Pro shall still collect the due service charges from the teacher member for their use of our platform
      4. The time of the lesson agreement coming into effect is after the student member has selected the teacher member and the course program as well as completed payment of the course fee.
      5. At our discretion, My language pro may allow use of certain features of this website for Tutors and Students who have already terminated their Service Agreement as well as preserve log-in information and other information posted to the website by the Tutor or Student. My Language Pro can keep any evaluation records made by a Student before the termination of services. Basic terms and specifications related to refund dispute settlements will not become void due to termination of this agreement.
  1. Disclaimer:

 

    1. We make no warranty at all that the tutoring service provided by any third party Tutor Member (a third party) will provide a desired outcome.  We make no warranty that any service provided by a tutor (a third party) is of a particular quality or reliability, that any postings are accurate.

 

  1. LIMITATIONS OF LIABILITY:

 

    1. You must always exercise care when communicating online with others.
      1. My Language Pro is not responsible for, the authenticity and accuracy of the basic information provided by tutors and students, information pages of the teacher members, the information related to teaching experience, work record, teaching performance, the description and guarantee of anything related to teaching quality and content, as well as compliance with any relevant laws or regulations
      2. In addition, we are not responsible for instruction contents and methods of tutors, the actual instruction time of the teacher members, use of materials, the quality of these and the contents, as well as compliance with any relevant laws or regulations
      3. My Language Pro are also not responsible for anything published on this website due to operational considerations or by third parties not belonging to this company, advertisements, or any other online information and its authenticity, security, and accuracy.
    2. Limitation of Liability
      1. IN NO EVENT SHALL WE OR OUR LICENSORS OR TEACHERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
      2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

 

    1. Liability and Upper Limit for Damages

 

      1. If an incident causing actual harm to members can be attributed to My Language Pro, this company shall be held liable for the damages suffered by the teacher or student members and provide compensation in the amount of the total fee accrued for the courses completed in the last lesson agreement before the incidence. This does not include expected benefits that result after completion of the lesson agreement
      2. You will indemnify My Language Pro against any and all losses, costs, expenses, damages or other liabilities incurred by us, from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against My Language Pro in connection with your use of our services, including any payment obligations incurred through use of the services; or resulting from:
        1. your use of the website or applications
        2. your decision to supply personal financial information;
        3. your decision to submit postings and accept offers from other Students and Tutors
        4. any breach of contract or other claims made by Students and Tutors with which you conducted business through the Site or Application;
        5. your breach of any provision of these terms and conditions
        6. any liability arising from the tax treatment of payments or any portion;
        7. any negligent or intentional wrongdoing by any student and/or tutor;
        8. any act or omission of yours with respect to the payment of fees to any tutor
        9. your dispute of or failure to pay any invoice or any other payment; and/or
        10. your obligations as a tutor or to a tutor.

 

    1. Limitation of Liability: Payment Services

 

      1. You take on all risk from using our payment services.

 

      1. If you let another person use your My Language Pro account, you are entirely responsible for any actions taken by them. We, nor any other party involved in the payments will be liable for any damages or costs, lost profits.

 

      1. We are not liable for any losses at all, including loss of goodwill. We, nor any party giving payment services are not liable for any damages at all coming from the use of our service, payment services or these Terms and Conditions, whether based on tort, warranty, liability or any other legal matter. 

 

      1. Under no circumstance will our liability extend beyond a payment made by a student or accepted by a tutor.

 

      1. These limitations are explicitly connected with all of the Terms and Conditions, including of payment services.

 

 

      1. SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PAYMENT SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PAYMENT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ITALKI PAYMENTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
      2. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE ITALKI TEACHER GUARANTEE, IN NO EVENT WILL ITALKI’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PAYMENT SERVICES INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE PAYMENT SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR TEACHING SERVICES VIA THE ITALKI PLATFORM AS A STUDENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A TEACHER, THE AMOUNTS PAID BY ITALKI TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

 

      1. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ITALKI AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

    1. You Indemnify Us:

 

      1. You agree to release and indemnify, and hold us and our affiliates and subsidiaries, and our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Payment Services, or your violation of these Payments Terms; or (b) your accrual or use of any italki Credits.

 

  1. Accessing and Downloading the Application from iTunes

 

    1. The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
    2. You acknowledge and agree that (i) these Terms are concluded between you and italki only, and not Apple, and (ii) italki, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
    3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
    4. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between italki and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of italki.
    5. You and italki acknowledge that, as between italki and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    6. You and italki acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between italki and Apple, italki, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
    7. You and italki acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
    8. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

24. Membership Rules

24.1. Definition and General Qualification of Membership

      1. Once you have completed the My Language Pro registration process and been accepted by us, you will be deemed to be a Student Member or Tutor Member (known as Student and/or Tutor in these Terms and Conditions). Students are those members who search, filter, find, and evaluate teachers on this website in order to reach a lesson agreement and provide feedback. Tutors are those members who make use of the ability to disclose information on this website and who publish their expertise, experience, and videos, etc. as well as other teaching related information so as to persuade student members to reach a lesson agreement with them.
      2. Student and Tutor membership qualification is limited to natural and legal persons.
    1. Obligations of both Tutors and Students

 

      1. Tutors and Students must make sure that their personal data is authentic and complete. In addition, Tutors and Students must provide for timely updates to keep their information accurate.
      2. Tutors and Students shall regularly review update announcements regarding our service processes and our website policy. If a member does not log in for three months, we may terminate the user agreement for this tutor or student and delete the member’s registration information.
      3. Any notifications to sent by us should be read as soon as possible. If security notifications are sent regarding an account being used by a different person or other people tampering with information, etc., the student or tutor should cooperate with this company to rectify the issue.
      4. Student and tutor accounts provided by us are only for your personal use. Students and tutors are not allowed to simultaneously register or use two or more accounts, or provide an account to a third party.
      5. Tutors and students shall in no way tamper with the My Language Pro evaluation system, our information, equipment or operations.
      6. Tutors and students shall not, without the consent of others, alter, delete, or collect personal data of others through a leak in this website’s design, or by bypassing or disrupting this website’s security, etc.
      7. Tutors and students must NEVER use harmful remarks or behavior towards others.
      8. Tutors and students must shall follow these Terms and Conditions through the principle of honesty and shall comply with local laws. They may not engage in behavior that is detrimental to this company, other people, or third parties.

 

24.3. Special Documentation for Tutors

      1. In addition to meeting the general qualifications for membership, teacher members shall submit the following written information to this company for review:
      2. Personal curriculum vitae of the tutor and relevant evidence of included information
      3. Teaching video of the tutor
      4. The certificates or relevant evidence regarding the language teaching profession of the tutor
      5. We will review any information the teacher member provides and we have the right to judge this teacher on competence. In case of doubt regarding the authenticity of the information or when the information is incomplete, this company may request the teacher member to provide additional information.

24.4. Requirements for Tutors

      1. In addition to other requirements under these Terms and Conditions, tutors agree that they will:
      2. Verify the authenticity and accuracy of the special qualification information provided. If the company suffers damages due to a breach of these obligations, the teacher member shall be held liable.

 

      1. My Language Pro can refuse to accept a tutor’s proposal to teach via My Language Pro at any time at our discretion.
      2. Even if a tutor’s qualifications can be verified, this company still reserves the right to remove the teacher’s curriculum from the platform and cancel the tutor on the website at any time.  However, tutors are still entitled to be paid for any lessons completed prior to being removed from the platform.
      3. For courses that have not yet been finished, My Language Pro and the student and tutor will start a negotiation process for another course to find a replacement tutor providing a similar course.

24.5. Breaching of Obligations

      1. The reputation of My Language Pro is extremely important, as are the rights of other tutors and members to receive safe and correct information.
      2. Tutors and Students who go against these Terms and Conditions, break laws or otherwise, may have their profile deleted without notice.

25. Principles of Dispute Settlements

      1. My Language Pro provides a website for students and tutors to reach a lesson agreement.
      2. My Language Pro, in principle, does not involve itself with all the disputes between students and tutors that result from their lesson agreements.
      3. But at the time of a consensual termination of the lesson agreement, if the course fee has not been paid to the tutor, My Language Pro may assist the tutor in receiving a refund. The total refund sum is the number of course sessions not yet fulfilled times the rate of each individual course minus the service charge and exchange differences of the original total calculated course fee of the lesson agreement.

25.2. The Proposed Conflict Settlement

      1. My Language Pro always wants dispute resolutions to be fair and decided as quickly as possible.
      2. If there is refund dispute resulting from any lesson agreement it will be dealt with according to company conflict resolution procedures.
      3. Requests need to be advanced within 14 days after the dispute occurred. Non-compliant requests or requests that are not within the said deadline may be refused by this company.
      4. After this company receives a request by one of the parties, it shall notify the other party of the teaching agreement as soon as possible.
      5. Evidence from both parties will need to be provided by each of them.

 

      1. Firstly, a Student and Tutor should make attempts to resolve the dispute amongst yourselves. If these attempts are unsuccessful then our dispute resolution process can be used.
      2. We will examine the evidence provided by both parties. We will decide if the lesson agreement shall continue to be in effect.
      3. If one party has just reason to terminate the lesson agreement, we will , after our deliberation decide if we will refund the student who has already paid for the lessons. If the facts are not clear, and there is absence of grounds of justification, this company may, depending on specific circumstances, proceed with a partial student member refund and partial compensation from the course fee with the tutor.
      4. The above extent of refunding apply mutatis mutandis to this section’s “Principles of Dispute Settlements.”
    1. Disputes between a My Language Pro and a Tutor and/or Student:

 

      1. Our aim is always to resolve any dispute  between us and a Tutor or Student quickly and cost effectively. You must contact directly at first to seek assistance by going to Customer Service. Both you and My Language Pro agree to resolve any claim or controversy at law or equity that arises between us out of this Agreement with Dispute Resolution.

 

      1. For any claim arising between you and us (excluding claims for injunctive or other equitable relief) the party making the claim can elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing this path must start such arbitration through dispute resolution provider mutually agreed upon by both you and us. .This arbitration arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; and the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

 

      1. Should you file a claim contrary to this, we will be entitled to recover our attorneys' fees and costs from you, provided that we have notified you and you have failed to promptly withdraw the claim.

 

 

      1. Arbitration Option
        1. For any claim arising between you and italki (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than HKD 50,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

 

      1. Improperly Filed Claims
        1. If you file a claim contrary to this section entitled "Dispute Resolution," we are be entitled to recover all attorney fees and costs.