My Tutoring Pro: Terms and Conditions 01 August /2020
1.1. You agree that by using our site and/or applications that you have read and understand these Terms
1.2. After completing the registration process, you become a member and thereby agree to the rights and obligations stipulated in these Terms and Conditions.
1.3. 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.
1.4. These Terms cover your use of our Site, Applications and Services and all Content and constitute a binding legal agreement between you and My Tutoring Pro.
1.5. If you do not agree to these Terms, you must not the Site, Applications or Services.
1.6. In addition, not using Site, Applications or Services in accordance with these Terms may subject you to civil and criminal penalties.
1.7. You agree that My Tutoring Pro is not a party to any agreement that a student enters into with a tutor. We are not tutoring agents. You agree that My Tutoring Pro has no control over the conduct of students, tutors or other users of the site.
1.8. All tutors on My Tutoring Pro agree that you are an independent third-party contractor and not an employee of My Tutoring 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.
1.9. Furthermore, you agree that you will not make any representations that you are endorsed in any way by My Tutoring Pro.
1.10. 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.
1.11. 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.
1.12. Unless explicitly specified otherwise in these Terms and Services, My Tutoring Pro’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
2. Our Service:
2.1. The main purpose of this website is to provide a teacher-student matching service platform.
2.2. The purpose of this online service is to provide student members who have learning wants, thereby attaining the goal of one-on-one teaching included in these Terms and Conditions.
2.3. 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.
2.4. Either a tutor or student may at any time terminate their use of our website and/or applications.
3. How our website, applications and services operate
3.1. The Site or Application is a venue where:
3.1.1. Tutors and students upload information related to learning classes.
3.1.2. Tutors and students conduct searches, connect with, choose, and engage each other for the purposes of learning.
3.1.3. Students conduct searches, connect with, choose, and engage Tutors directly for tutoring instruction.
3.1.4. Tutors advertise their capabilities, respond to inquiries, connect with and engage to provide their Services directly to Students.
3.1.5. In providing the Services, we only provide the platform for Students and Tutors to find and contract with each other.
3.1.6. 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.
4. What we do for Students and Tutors:
4.1. 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.
4.2. 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").
4.3. You will not enter into any contractual provisions in conflict with the Terms of Service.
4.4. Both the Tutor and Student are to act in good faith and fairness in performance of the Lesson Contract.
4.5. 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 our business.
5. GENERAL TERMS & CONDITIONS FOR STUDENTS & TEACHERS:
5.1. 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 Tutoring 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.
5.2. 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 Tutoring 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 Tutoring Pro.
5.3. 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.
6. Enforcement of Terms and Conditions
6.1. 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.
6.2. My Tutoring 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 Tutoring Pro.
6.3. If your account is suspected you may not continue to use My Tutoring Pro services under another account. We may also choose to take any legal action we deem necessary.
6.4. 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.
6.5. 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.
7. ENFORCEMENT OF OUR RIGHTS
7.1. 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.
7.2. 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.
8. Changes to our website, applications and content
8.1. We may change our website, applications, content, Terms and Conditions or service fees at any time, at our sole discretion and without prior notice.
8.2. 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.
9. Contacting Customer Service
9.1. 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.
10. My Tutoring Pro User Service Agreement
10.1. My Tutoring Pro reserves the right to update, modify, and supplement the Service Agreement on an unscheduled basis.
11. Fee Collection Service
11.1. 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.
11.2. Tutors are fully responsible for paying all taxes in their own country.
12. People who can use our Website, Applications and Services
12.1. 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.
12.2. 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.
13. OUR LICENCE TO YOU:
13.1. Our licence for Students and Tutors to use our Website and Applications:
13.1.1. 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 tutoring services.
13.1.2. 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.
13.1.3. 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.
13.2. My Tutoring Pro Content and Member Content License
13.2.1. If you obey these terms and conditions we may grant you a limited, non-exclusive, non-transferable license, to access and view My Tutoring 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.
13.2.2. 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.
14. Tutor and Student Content
14.1. We may allow you to post your tutor and student information at our sole discretion. you hereby grant My Tutoring 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, though, by means of or to promote or market the My Tutoring Pro site, applications and services. We don’t claim any ownership rights in any such content.
14.2. 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.
14.3. You are fully responsible for all material that you upload. We are not responsible in any way for any material that you upload.
15.1. Registering for an Account:
15.1.1. To access our Site and Applications, and to participate in learning or tutoring on My Tutoring Pro, you must register to create an account and become a Member.
15.1.2. Your account and your 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 Tutoring Pro account at our sole discretion.
15.1.3. You are responsible for safeguarding your password.
16. Accepting a Student’s Request to Teach
16.1. 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.
17. Cancelling Lesson Requests
17.1. 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.
18. Lesson Packages
18.1. Session packages are valid for 6 months.. If there is no action taken by the Student, after 6 months then all remaining credit in the package will be sent to the tutor, minus our standard commission.
19. 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
20.1. If both parties have reached a lesson agreement prior to termination, the following still applies:
20.1.1. My Tutoring Pro still has to fulfill the obligation to assist members in fulfilling the lesson agreement that was already established prior to termination.
20.1.2. If a Student and Tutor have already established a lesson agreement prior to a termination of the Service Agreement with My Tutoring Pro, they must still fulfill their obligations in the lesson agreement.
20.1.3. My Tutoring Pro shall still collect the due service charges from the teacher member for their use of our platform
20.1.4. 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.
20.1.5. At our discretion, My Tutoring 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 Tutoring 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.
21.1. 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.
22. LIMITATIONS OF LIABILITY:
22.1. You must always exercise care when communicating online with others.
22.1.1. My Tutoring 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
22.1.2. 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
22.1.3. My Tutoring 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.
22.2. Liability and Upper Limit for Damages
22.2.1. If an incident causing actual harm to members can be attributed to My Tutoring 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
22.2.2. You will indemnify My Tutoring 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 Tutoring Pro in connection with your use of our services, including any payment obligations incurred through use of the services; or resulting from:
184.108.40.206. your use of the website or applications
220.127.116.11. your decision to supply personal financial information;
18.104.22.168. your decision to submit postings and accept offers from other Students and Tutors
22.214.171.124. any breach of contract or other claims made by Students and Tutors with which you conducted business through the Site or Application;
126.96.36.199. your breach of any provision of these terms and conditions
188.8.131.52. any liability arising from the tax treatment of payments or any portion;
184.108.40.206. any negligent or intentional wrongdoing by any student and/or tutor;
220.127.116.11. any act or omission of yours with respect to the payment of fees to any tutor
18.104.22.168. your dispute of or failure to pay any invoice or any other payment; and/or
22.214.171.124. your obligations as a tutor or to a tutor.
22.3. Limitation of Liability: Payment Services
22.3.1. You take on all risk from using our payment services.
22.3.2. If you let another person use your My Tutoring 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.
22.3.3. 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.
22.3.4. Under no circumstance will our liability extend beyond a payment made by a student or accepted by a tutor.
22.3.5. These limitations are explicitly connected with all of the Terms and Conditions, including of payment services.
22.3.6. We are not liable at all for any damages, including any software or hardware damage or personal injury as a result of these Terms and Conditions or using the services provided by this site or applications.
22.3.7. Except for our obligations under these Terms and Conditions, our liability will be no greater than the total amount paid for the lesson you have purchased, or the lesson for which you were tutoring. You understand this and agree with this, along with all of the other Terms and Conditions prior to using the services.
22.4. You Indemnify Us:
22.4.1. 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 our website and applications and its services.
23. Accessing and Downloading the Application from iTunes
23.1. The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
23.2. You acknowledge and agree that (i) these Terms are concluded between you and My Tutoring Pro only, and not Apple, and (ii) My Tutoring Pro, 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.
23.3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
23.4. 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 My Tutoring Pro 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 My Tutoring Pro.
23.5. You and My Tutoring Pro acknowledge that, 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.
23.6. You and My Tutoring Pro 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 My Tutoring Pro and Apple, us, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
23.7. You and we 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.
23.8. 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
24.1.1. Once you have completed the My Tutoring 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.
24.1.2. Student and Tutor membership qualification is limited to natural and legal persons.
24.2. Obligations of both Tutors and Students
24.2.1. 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.
24.2.2. 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.
24.2.3. Any notifications 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.
24.2.4. 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.
24.2.5. Tutors and students shall in no way tamper with the My Tutoring Pro evaluation system, our information, equipment or operations.
24.2.6. 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.
24.2.7. Tutors and students must NEVER use harmful remarks or behaviour towards others.
24.2.8. Tutors and Students must follow these Terms and Conditions through the principle of honesty and shall comply with local laws. They may not engage in behaviour that is detrimental to this company, other people, or third parties.
24.3. Special Documentation for Tutors
24.3.1. In addition to meeting the general qualifications for membership, teacher members shall submit the following written information to this company for review:
24.3.2. Personal curriculum vitae of the tutor and relevant evidence of included information
24.3.3. Teaching video of the tutor
24.3.4. The certificates or relevant evidence regarding the teaching profession of the tutor
24.3.5. 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
24.4.1. In addition to other requirements under these Terms and Conditions, tutors agree that they will:
24.4.2. 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.
24.4.3. My Tutoring Pro can refuse to accept a tutor’s proposal to teach via My Tutoring Pro at any time at our discretion.
24.4.4. 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.
24.4.5. For courses that have not yet been finished, My Tutoring 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
24.5.1. The reputation of My Tutoring Pro is extremely important, as are the rights of other tutors and members to receive safe and correct information.
24.5.2. 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
25.1.1. My Tutoring Pro provides a website for students and tutors to reach a lesson agreement.
25.1.2. My Tutoring Pro, in principle, does not involve itself with all the disputes between students and tutors that result from their lesson agreements.
25.1.3. But at the time of a consensual termination of the lesson agreement, if the course fee has not been paid to the tutor, My Tutoring Pro may assist the tutor in receiving a refund. The total refund sum is the number of sessions not yet fulfilled times the rate of each individual course minus the service charge.
25.2. The Proposed Conflict Settlement
25.2.1. My Tutoring Pro always wants dispute resolutions to be fair and decided as quickly as possible.
25.2.2. If there is refund dispute resulting from any lesson agreement it will be dealt with according to company conflict resolution procedures.
25.2.3. 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.
25.2.4. 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.
25.2.5. Evidence from both parties will need to be provided by each of them.
25.2.6. 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.
25.2.7. We will examine the evidence provided by both parties. We will decide if the lesson agreement shall continue to be in effect.
25.2.8. 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.
25.2.9. The above extent of refunding applies mutatis mutandis to this section’s “Principles of Dispute Settlements.”
25.3. Disputes between a My Tutoring Pro and a Tutor and/or Student:
25.3.1. 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 Tutoring Pro agree to resolve any claim or controversy at law or equity that arises between us out of this Agreement with Dispute Resolution.
25.3.2. 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 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.
25.3.3. 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.
25.3.4. Improperly Filed Claims
126.96.36.199. If you file a claim contrary to this section entitled "Dispute Resolution," we are be entitled to recover all attorney fees and costs.
25.4. The Handling of Disputes and Ambiguity
25.4.1. If there are any uncertainties regarding any items described in these Terms and Conditions, please contact our customer service centre.
26. Payment Terms and Conditions:
26.1. My Tutoring Pro Service Fees
26.1.1. We collect commission fees when a Teaching Service ("lesson") is confirmed by the Student.
26.1.2. For each transaction on the Site or Application, the commission is 6.85% of the total cost of the Teacher Service ("lesson").
26.1.3. The commission fee due to My Tutoring Pro is deducted upon transfer payment to the Tutor My Tutoring Pro Account.
26.1.4. The balance shown on the Teacher's Teacher Wallet is the full balance after all fees have been deducted. Amounts may be rounded up or down.
26.1.5. If any refunds are issued, commission fees will be based on the amount that is not refunded back to the Student.
26.2. How we collect fees
26.2.1. The method of fee collection for teacher members is stipulated on the payment page and is based on different course session category prices and course programs while also including trial courses.
26.2.2. Tutors authorise us to receive student payment of the course fee and, after deducting the service charge, transfer money to the account designated by the tutor every fortnight.
26.2.3. This fee is currently 6.85%. This fee may alter from time to time and we reserve our right to alter this.
26.2.4. If due to operational necessity, this company needs to change course programs and prices on the payment page as well as the standard service charge, it will not affect lesson agreements that have already been established prior to this.
26.2.5. These terms and conditions for govern the Payment Services between you and My Tutoring Pro. We will handle any and all payments and payouts conducted through or in connection with our website, applications or services ("Payment Services").
26.2.6. These Payment Terms constitute a binding legal agreement between you and us.
26.2.7. You understand that you are bound by these payment terms when you use our website and applications or services. If you do not agree with these Terms and Conditions then you cannot use our website or applications or services. If you don’t use our website or applications or services as per our payment terms in the terms and conditions you may be subject to civil or criminal action.
26.2.8. If you are acting on behalf of a company or other legal entity, you warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
26.2.9. We re-iterate that the site and applications are intended solely to help tutors and students connect. We do not control the content on any tutor or student profile. We are not responsible for the teaching methods, any aspect or outcomes of lessons. We have no responsibility for and do not have any liability for any lesson. You make and accept payments at your own risk
26.3. Changes to Payment Terms and Conditions
26.3.1. We can change or stop these payment services or to modify these Payments Terms at any time and without notice. If we do change these terms and conditions, we will either post the modification on our website and/or applications or give you notice of change in another way.
26.3.2. In addition, we will also update the “Last Updated” date at the top of these terms and conditions.
26.3.3. If you keep using our payment services after we have posted a modification you have shown that you agree to be bound by the modified terms. If the changed terms and conditions are not acceptable to you, you must cease using our website, applications and services.
26.4. Registering for an Account:
26.4.1. If you want to use the payment services, you must first register to create an account with us and become a Tutor and/or Student Member in accordance with our terms and conditions. You are responsible for anyone who uses your account.
26.4.2. You allow us, directly or through third parties, to make any inquiries considered necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, and other information requiring you to take steps to confirm ownership of your email address and banking details. We may close or stop access to our website, application and services if we cannot verify any of this information.
26.5. Main Terms for Payment Services
26.5.1. Lesson Fee and Package Fees - these are the amounts that are payable by a Student for confirmed lessons that have been given by a Tutor. Only the Tutor, and not us, is responsible setting these fees.
26.5.2. Commission: - These are the fees we charge to the Tutor when using our services.
26.5.3. Payment Method - Payment Method is the third-party service that a Student uses to pay for classes using our platform.
26.5.4. Tutor My Tutoring Pro Account. - A Tutor My Tutoring Pro Account is an account created by a Tutor to receive payment for their tutoring services. As a Tutor, you must use the Tutor My Tutoring Pro Account to receive payment from Students.
26.5.5. Withdrawal Method – This is the third-party service that is used to withdraw credit from the Tutor My Tutoring Pro Account.
26.6. Financial Terms for Students
26.6.1. Students must purchase the lessons using our website. You may purchase an individual lesson, or groups of lessons. Prior to the lesson being taken the student payment will be kept in your account. You will draw down on this account as you take your lessons.
26.6.2. To make payments for lessons you use a third-party payment method (example: credit card, Stripe, and others). By providing My Tutoring Pro with your credit card or bank account information, you authorize us to charge such credit card or bank account for the amounts stated on the payment page. Once your payment has been successful, you will be able to undertake the required classes.
26.7. No Refunds on Authorized Payments
26.7.1. Authorized payments are final. No refunds will be given for successful payments.
26.8. Third Party Payment Method Fees
26.8.1. When purchasing lessons, there may be fees that are charged to a Student by the third-party payment provider or the Student's bank. These fees are not under our control, and we disclaim all liability for this. The payment method you use may be subject to additional terms and conditions imposed by the applicable third-party payment provider. It is up to the user to review such terms and conditions before using this payment method.
26.9. Cancelled Lesson Requests
26.9.1. If a lesson request is cancelled by the Student, declined by the Tutor, or expires (not confirmed by the Teacher within the request period), the credit will be fully refunded to the Student’s Wallet.
26.10. Lesson Packages
26.10.1. Session packages on My Tutoring Pro 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 credit for the package will be sent to the Tutor, (minus our normal commission). If no action is taken by the Tutor, then all remaining credits for the package will be returned to the Student.
26.10.2. If there is a disagreement as to who cancelled a package then we will mediate the dispute. Our decision on the dispute is final.
26.11. Avoiding Service Fees
26.11.1. Tutors and Students agree not to engage in any action or activity meant to avoid the service fees.
26.11.2. Prohibited practices include (but are not limited to) the following:
26.11.3. Suggesting, soliciting, or accepting payment by other means outside our website or applications.
26.11.4. Failing to report accurate or final service prices on our website or applications, or a service price different than that agreed between Student and Tutor.
26.12. Payment of Funds
26.12.1. When funds are paid from us to a Tutor, there may be fees that are charged to a Tutor by the third-party payment method and/or the Tutor's bank. These fees are not under our control, and we disclaim all liability in this regard.
26.12.2. The third-party payment method that is used by Tutors may be subject to additional terms and conditions imposed by them. It is up to the Tutor to review the terms and conditions before using a third-party payment method.
26.13. Withholding or Delaying Payments
26.13.1. If we believe that a Tutor's actions may have resulted or will result in a significant number of disputes, refunds or other claims from users who purchased their Teaching Services, we may delay or stop payment of all funds in a Tutor’s account. In addition, if we believe that a Tutor has violated the terms and conditions and policies of our business we can refuse to pay the funds accrued in the Tutor’s account and debit such funds from the teacher account.
26.14. Our Rights Regarding Reimbursements
26.14.1. We can seek reimbursement from a Tutor if we, at our sole discretion, provide a refund to a Student if the Tutor doesn’t promptly deliver the purchased Teacher Services, or if we find incorrect transactions. The Tutor authorizes us to obtain such reimbursement by deducting the amount from future payments to the Tutor, reversing funds to the Teacher's Account, debiting the Teacher's bank account, or seeking such reimbursement from the Teacher by any other lawful means.
26.15. Rounding Off
26.15.1. The value of currencies can lead to partial amounts when converted. We may, at our sole discretion, round up or round down amounts that are payable from or to Tutors or Students to the nearest unit of currency.
26.16.1. Tutors agree that they are solely responsible for determining their applicable Tax reporting requirements and obligations relating to applicable Taxes for their services. They are also solely responsible for paying any taxes included or received. We do not offer tax-related advice to Tutors or Students.
26.17. Credits Policies
26.17.1. Our Credits are not Bank Deposits
26.17.2. My Tutoring Pro is not a bank and your account is a payment service rather than a banking service. In addition, we are not acting as a trustee or fiduciary with respect to your funds but is acting only as an agent and custodian. We are not a bank and money stored in your account is not insured.
26.18. My Tutoring Pro Credits Expiration Policy
26.18.1. Credits in a member account will be valid for as long as the member remains active with us. If the member has not logged into his/her account at least once in the previous year, the Credits will expire. For a member to keep their Credits active, they must login at least once every year to their account. The Credits are then valid for another 1 year following the most recent login date.
26.19. Foreign Exchange Risk
26.19.1. We are not responsible for currency fluctuations that occur when billing or crediting a credit or debit card, or when receiving or sending payment via third party payments
26.20. My Tutoring Pro’s Rights Regarding User Accounts and Funds
26.20.1. Security and Financial Fraud: My Tutoring Pro may have transaction limits on some or all Students and Tutors. We will impose these limits before any services provided believe it is necessary for security reasons or for the prevention of fraud.
26.20.2. In addition, we may void any purchase if it is found to be fraudulent.
26.21. Compensation for Interest
26.21.1. We may earn interest or other compensation from the balances in bank accounts that result from the timing difference between the payment for classes and the sending of corresponding funds to Tutors. Neither Tutors nor Students entitled to any such interest or other compensation.
26.22. Incorrect Transactions
26.22.1. My Tutoring Pro may seek repayment from any Tutor or Student. The Teacher or Student will repay us if we discover incorrect transactions for the amount of such transaction. We may obtain such reimbursement by deducting it from future payments owed, by reversing any credits to such Tutor's bank account, or by seeking reimbursement by any other lawful means.
26.23. Prohibition on Friendly Fraud
26.23.1. It is illegal behaviour for a person to initiate a fraud dispute with a payment provider, claiming that their credit card (or other payment method) was not intended to be used. If this behaviour is found, the student's account and wallet will be deactivated, purchased credits will be confiscated, and the user will be noted as a financial security risk.
26.23.2. In the case of honest mistakes, we are able to reverse a transaction. We advise students to contact our customer service.
26.24. Tutor and Student Behaviour
26.24.1. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of our services.
26.25. You will not:
26.25.1. Violate any local, state, provincial, national, or other law or regulation, or any order of a court;
26.25.2. Use any of our services for any commercial or other purposes that are not expressly permitted by these Terms and Conditions;
26.25.3. Use our services to distribute any information concerning any other person or entity without their permission;
26.25.4. Register any Payment Method with us that is not yours or you do not have authorization for;
26.25.5. Conduct any fraudulent activity or encourage or assist any third party in doing so.
26.26. We can investigate and prosecute violations of any of the above to the fullest extent of the law.
26.27. In addition, and as set in these Terms and Conditions, we can take a range of actions against you, such as limiting access to your Account and any associated Payment Services.
27.1. The Use of Your Personal Information
27.1.1. My Tutoring Pro respects our privacy and will always take the greatest care to protect private details that you provide us.
27.1.2. The completion of the registration process will be regarded as authorization for My Tutoring Pro to use personal information as necessary to fulfil our operations and service to you. We will take appropriate security measures to prevent personal data from being stolen, tampered with, damaged, lost, or disclosed, except with the written consent of tutors and students, except for when students or tutors take the initiative to disclose contact information to other.
27.1.3. The type of private information that may be collected by us will only be for the purpose of you operating on our site. The type of information that we may require includes:
188.8.131.52. Identification of individuals, such as name, address, telephone number, e-mail, delivery address, and other information.
184.108.40.206. Financial information, such as credit cards or financial institution accounts, and other information.
220.127.116.11. Personal descriptions, such as your gender, date of birth, etc.
18.104.22.168. Your agreement or contract, such as transactions, business, legal, or other contracts, etc.
27.2. Time Limit to Hold Your Information:
27.2.1. We may only hold this information from when you provide it to us until you close your account with us.
27.3. What private information we may ask from you:
27.3.1. The personal data of Tutors and Students is used for member management and customer management, also includes identity recognition, payment services and marketing.
27.3.2. You have the choice to not provide private information, however if you do we are not able to provide our services to you.
27.3.3. Personal information is also required in order to become a member (tutor or student member. In addition, based on this company’s contractual obligations, it needs to provide relevant information to its authorized partners or outsourcing vendors.
27.3.4. The use of personal data includes automated or non-automated processing methods under specified collection and use purposes.
27.3.5. In addition, where required by law, we will disclose information required by relevant government authorities.
28.1. Our Intellectual Property:
28.1.1. My Tutoring Pro keep all of our rights, titles to and interest in all patents, inventions, copyrights, know-how and trade secrets relating to our business, including our website and applications. In addition, the My Tutoring Pro logo and name are trademarks of ours and may be registered in certain jurisdictions.
28.1.2. Once you have completed the registration process, you are deemed to have authorized My Tutoring Pro to use this information in our operations and you give us all rights under copyright law to use this personal information or all text or audio and visual data of actual teaching, personal profile, and teacher evaluations transmitted online through this website. In addition to this, apart from our website, this also includes other websites that are authorized to represent this company.
28.1.3. If there are intellectual property infringements that result in the suffering of damages to this company due to anything posted by tutors or members on this website or caused by teaching aids and material used during actual online teaching, the tutor and/or student will be liable.
28.2. How we remove items for which copyright infringement has been claimed:
28.2.1. We will always go to every effort to ensure that another party’s intellectual property right or copyright is not affected.
28.2.2. If you believe your copyrights are being infringed by a user of our Services available on our website or applications, please contact My Tutoring Pro Customer Service please contact on via “Contact” on our website.
You will need to provide
22.214.171.124. Identification of the copyrighted work claimed to have been infringed
126.96.36.199. Sufficient information to allow the Tutor to contact the complaining party
188.8.131.52. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
28.2.3. Notification that fails to comply substantially with the above shall not be considered as providing actual knowledge or facts or circumstances of an infringement.
28.2.4. We can, under appropriate circumstances and at our discretion, to disable and/or terminate the account or access of any user who infringes others’ copyrights or other intellectual property rights.
28.3. Copyright and My Tutoring Pro Articles
28.3.1. We strongly respect the intellectual property rights of others. We want to offer a platform which has no content that violates those rights.
28.3.2. We require that information submitted by members be accurate, lawful and not in violation of the rights of third parties.
28.4. Original Work
28.4.1. All of the writing in an article submitted to us must be your original and be clearly attributed to the original creator. Plagiarism will not be tolerated and any articles suspected of having plagiarised materials will be removed.
28.5. Article Copyright
28.5.1. You retain the copyright to all articles that you submit to us. When you submit an article to My Tutoring Pro, you grant us the right to publish, to store and to edit it.
28.6. Publishing Rights:
28.6.1. We do not own the copyright or have the right to resell content you submit.
28.6.2. We reserve exclusive First Electronic Rights for any article you post globally. We have the right to publish and republish the piece on our website, e-mail, downloadable file, and any other digital media.
28.6.3. Articles you submit could also be used in our marketing materials.
28.6.4. All articles submitted to us will give credit to you (the author).
28.6.5. We reserve the right to publish or not publish any content that is submitted.
28.6.6. We also have the right to republish the article and keep it accessible by visitors for an indefinite period of time.
28.7. Editing and Formatting Rights:
28.7.1. We reserve the right to edit and reformat the final version of an article you submit. We will not change the meaning or alter the substance of the piece, but we may edit the article for errors and wording.
28.7.2. We the right to reformat the article for the web, mobile and other applications.
29.1. Our website, application and services may contain links to third-party websites or resources. My Tutoring Pro is not responsible or liable accuracy of such websites or applications, or their content, products, or services. Links to such websites or resources do not imply any endorsement by us. You are entirely responsible for your use of any such websites, applications and their content, products or services.
30. Enforcement of Terms and Conditions
30.1. We may suspend or cancel your Member Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, or violated our rights or those of another party.
30.2. In addition to all our other rights, we will suspend or terminate your Account and refuse to provide any services to you if:
30.2.1. you go against any of the Terms and Conditions and the other written policies and procedures posted on our website or applications;
30.2.2. we are unable to verify any information you provide to us;
30.2.3. we believe that your actions may cause legal liability to you, our Students or Tutors.
30.3. After your account has been suspended, you may not continue to use our service under a different Account or re-register under a new Account. This includes usage of any associated Payment Services.
30.4. Violations of the Terms and Conditions may be prosecuted to the fullest extent of the law and may result in additional penalties.
30.5. If a Student, Tutor or other user takes actions that circumvent our website or applications or otherwise reduces service fees owed to us, that Student, Tutor or other user will be liable to us for any fees due, and possibly have suspension or termination of their My Tutoring Pro membership and face further legal action.
30.6. We reserve the right to terminate any Tutor or Student for any reason, at our sole discretion, We may refuse registration and membership to any Student or Tutor in the future. After a Student or Tutor account is cancelled, any information from your account may no longer be accessed by you.
31.1. If you choose to use our methods of payment, you do so entirely at your own risk.
31.2. My Tutoring Pro makes no warranty that the methods of payment will meet your requirements or wishes.