This is a legal agreement ("Agreement") between you, the Third Party Service Provider (Tutor), and Kip It Educational Services LLC d/b/a Class A Tutoring (hereinafter "ClassATutoring"). Both you and Class A Tutoring expressly agree to enter into this Agreement via electronic means as per the Uniform Electronic Transactions Act ("UETA") by clicking the sections applicable below and signing where required.
1. Third Party Service Provider Status: By executing this Agreement you express agree that that your use of the ClassATutoring App and/or Website and the use of its services does not create an employer/employee relationship, an independent contractor relationship, a joint-venture, a partnership, a franchisee relationship, or any other legal relationship that would require ClassATutoring to offer you employment like benefits. You acknowledge and agree that you are a third party independent service provider providing tutoring services to Users of the App and as such agree to pay the flat fee service charge required by ClassATutoring for use of the app and expressly agree the fee is not a commission charge or other type of payment that can deemed to create an employer/employee or independent contractor relationship. You expressly agree that you as in individual and your use of the ClassATutoring App and/or Website and its services as well as the services that you render while using the App and/or Website is exempt from:
1) Fair Labor Standards Act or any applicable wage provisions; and
2) workers' compensation laws and any Workers Compensation benefits; and
3) the Federal Unemployment Tax Act; and
4) Federal Insurance Contribution Act; and
5) all federal and state income tax laws; and
6) the Social Security Act; and
7) all unemployment laws; and
8) any and all insurance laws; and
9) any pension, health or other benefits plan.
2. Service offered by ClassATutoring: You acknowledge and agree that the App and Website solely are used for arranging tutoring services between individual(s) (“User(s)” or “Student(s)”) and independent third party service providers ("Tutors") seeking to provide them with such services. You acknowledge that ClassATutoring does not directly or indirectly engage you to provide these services and it is up to you whether you want to accept an offer to provide such services to such User who is also using the App and/or Website.
4. No Commission: You have the right to set your rate per hour that you determine and expressly agree that ClassATutoring has no say or input in your rate. You further agree that any fee paid to ClassATutoring is not a commission and is solely a service charge for use of the App and Website and its services. There is no percentage due to ClassATutoring for your session and only a per session fee to use all the payment, quality and scheduling features existing in the App which assist with the administration of the tutoring session.
1) ClassATutoring Connection Fee (when both the Student and Tutor click start in the app and/or website to start the session):
-Single Session: Twenty Five U.S. Dollars ($25.00)
-Double Session: Forty U.S. Dollars ($40.00)
-Triple Session: Fifty U.S. Dollars ($50.00);
2) the TUTOR’s rate and session fee to be determined by TUTOR;
3) transportation fees for the TUTOR where applicable;
4) charge for cancellation after arranging service through the App Twenty Five U.S. Dollars ($25.00)
All Fees are subject to change at any time. In the event of any such change of Fees, ClassATutoring will provide notice of any such change to all registered Users by email or by way of any other sufficient notice applicable.
6. Non-exclusivity: You agree that this is a non-exclusive agreement and you may perform work or services for tutoring or otherwise as you may see fit outside of the purview of the App and Website to the general public. You acknowledge however that any User(s) who has solicited you through the App and you have booked a session with should continue to be booked through the App and/or Website to ensure the goals and features of the App continue to apply to both Users and Tutors.
7. Confidentiality: You understand and agree that any information you obtain through use of the App and Website such as User identity and other personal information is strictly confidential and that you will thus owe a duty to ClassATutoring and any Users to keep such Confidential Information private and you further agree that you cannot disclose it in any manner without the express written consent of such User.
8. Indemnification: You agree to indemnify and hold harmless ClassATutoring, its subsidiaries, affiliates, and their directors, officers, employees and agents, from and against any and all losses, expenses, costs, liabilities and damages, fees, injuries which result from or arise out of the services provided through use of the App and/or Website.
9. Term: This Agreement and the respective duties of the parties hereunder shall continue until terminated by either party. Both ClassATutoring and you may terminate this Agreement for any reason at any time.
11. Severability: If any term, provision, covenant or condition of this Agreement or part thereof, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant, or condition shall remain in full force and effect and only the invalid, unenforceable provision shall be deemed invalid the extent necessary so that the remainder of this Agreement is valid.
13. Governing law: This Agreement shall be governed by and construed in accordance with the substantive laws of the State of New Jersey.
14. Entire agreement: This Agreement contains the entire agreement and understanding between the parties hereto in respect to the subject matter hereof and supersedes, cancels and annuls any prior or contemporaneous written or oral agreements, understandings, commitments, and practices between them respecting the subject matter hereof, including all prior agreements, if any, between ClassATutoring and Tutor, which agreement(s) hereby are terminated and shall be of no further force or effect.
1. THE CONTRACT
2. THE APP AND WEBSITE AND THE SERVICE THEY PROVIDE
The CLASSATUTORING App and Website are sophisticated applications that enables users of the CLASSATUTORING mobile App or internet Website to interact, review and arrange for Tutoring Services with independent students (hereinafter “students”) seeking tutoring from independent Tutors (hereinafter “TUTOR” or “Tutor” or “third-party service provider” and allows such independent Tutors to locate and make their services available for independent students seeking for such teaching and scholastic guidance services. Tutors are governed by this
contract with CLASSATUTORING. It is expressly understood by You the User as Student or Tutor that the tutoring arrangement services made available are solely for your personal use and you expressly acknowledge that:
CLASSATUTORING DOES NOT PROVIDE ANY TUTORING SERVICES OR ACT AS A TUTOR IN ANY CAPACITY. IT IS FURTHER UNDERSTOOD BY YOU THE USER THAT CLASSATUTORING PROVIDES NO WARRANTY AS TO THE QUALITY OF THE TUTORING SERVICE ARRANGED AND HAS NO KNOWLEDGE OF ANY OF THE TUTORS ABILITY. FURTHER YOU AGREE AND UNDERSTAND THAT YOU ARE INDEPENDENTLY MAKING YOUR OWN JUDGMENT AS TO THE QUALITY OF THE TUTORING SERVICES PROVIDED AND SELECTING THE TUTOR OF YOUR CHOICE WITHOUT ANY WARRANTY OR RECOMMENDATION FROM CLASSATUTORING.
3. TUTOR REQUIREMENTS - THIRD-PARTY SERVICE PROVIDER
Under no circumstances will an applicant be accepted to use the services as a third-party service provider unless they have the following qualifications:
1. Masters Degree within desired subject area.
2. Valid teaching certification within State of Practice.
3. Must consent to undergo a background check.
4. Valid Driver License or State Identification.
5. Must submit your Resume to CLASSATUTORING
6. Must be verified and approved by CLASSATUTORING
7. Must maintain eligibility requirements.
4. USER & STUDENT REQUIREMENTS
1. User must be over the age of eighteen (18) and registered with the App and/or Website.
2. If under the age of seventeen (17) minor must be accompanied by parent or responsible adult during session.
3. If providing site, must be in a safe and reasonable location acceptable to Tutor.
5. SETTING UP A CLASSATUTORING ACCOUNT & STAYING ELLIGIBLE TO USE IT
To use the App and/or Website you must register and create an active user account ("User") and you are only entitled to have one account. You must be 18 years of age or older, or if your jurisdiction requires an older age, then the legal adult age required by your jurisdiction to become a User. You will be required to submit personal information which includes but is not limited to your name, address, date of birth, phone number, a valid credit card or payment service.
6. TUTOR ACCOUNT
If you are using the services as a third-party service provider, such usage of which shall be classified as an independent contractor, you must agree to all terms and requirements including agreeing to undergo a background check at our election and providing your social security number and submitting such other information required by our third-party background check provider Checkr - To find out more about Checkr click here: https://checkr.com/
Any activity that happens on your account is your full responsibility and you warrant and represent that no one will use the application for setting up services except you, the actual user. You must keep your User Name and password private and understand that no one from CLASSATUTORING or other third-party within the App and/or Website will ever request your user name or password.
You recognize and warrant that CLASSATUTORING requires that you remain eligible at all times to maintain an account as a third-party service provider offering tutoring services to other users. You agree that CLASSATUTORING will rely on your compliance with the requirements to maintain an account with CLASSATUTORING to remain eligible and that these conditions may change or become more stringent and be expanded. You understand that your failure to abide by the eligibility requirements may lead to cancellation of your account and may result in a temporary or permanent ban from using the App and/or Website. You understand and permit us to validate your account information and conduct any and all searches of your personal life, including but not limited to motor vehicle searches, county searches, sex offender registry searches, criminal background checks, valid identification checks and any and all record searches as may be required to verify you are not a criminal or engaged in any form of physical or domestic abuse. You understand that this is not an obligation by CLASSATUTORING.
7. BACKGROUND CHECKS FOR TUTORS
We reserve the right conduct a background check(s) as part of the qualification process to ensure that all tutors offering third-party services through the App and/or Website agree to undergone a background check with a third-party provider "Checkr" prior to being approved for offering their services on our App and Website.
Failure to consent to undergo to background check and comply with our policy of having the option of submitting your personal information to our third-party background check provider Checkr, in compliance with their terms and service requirements shall result in your inability to access or use the App and/or Website. You must provide us with correct up-to-date information as it may change. If you fail to provide us with truthful and correct information on a regular basis including the maintenance of a valid payment method within our system it will cause your ability to access the App and/or Website to be suspended or terminated.
Parties using the App and/or Website with legitimate complaints or concerns may be entitled to obtain information including but not limited to your identity and criminal history if you are a third-party service provider giving tutoring services. You agree that CLASSATUTORING cannot be held liable in the event information provided by the third-party background check provider is false or inaccurate. You agree to comply with the Fair Credit Reporting Act, 15 USC 1681, as may be amended.
8. CONDUCT & NO WARRANTY AS TO SERVICES
You shall not use the App and/or Website if you are under the age of eighteen (18) and no third parties may use your account to set up appointments or arrange for services. You shall not allow any minor or person that is under the age of 18 to arrange for the services provided by the App and/or Website unless the minor is supervised and accompanied by you during the tutoring session. The User account is not assignable or transferable and any transfer of the User Account to an entity or third-party is in violation of the TOU. You agree to always maintain legal identification when using the App and/or Website and your services may be rejected without any damages if you fail to present same to other users at the time prior to such services being rendered as a result of the use of the App and/or Website if you refuse to provide proof of identity. You further warrant represent and agree that you will follow and adhere to all governmental laws, rules regulations including federal state and local laws when using the App and/or Website or arranging for services for the App and/or Website. You warrant represent and agree that you will never use the App and/or Website for unlawful purposes. You will never use the App and/or Website to stalk, annoy, harass, intimidate, complain or cause any damages or claims to any person or entity using the App and/or Website including CLASSATUTORING. You further understand that any services or the right to receive payment for tutoring services is solely up to the third-party users at the time such services are rendered and you agree that you will not hold CLASSATUTORING liable for any claim of unsatisfactory or negligent tutoring services. You further agree that any protest of charges for services shall be directed solely to the party who provided or received such services or to the responsible adult if such services were provided to a minor and that CLASSATUTORING shall not be liable for any and all claims related to the services or quality of such services.
9. COMMUNITY GUIDELINES FOR TUTORING SERVICES & CONTENT REVIEW
All users of the CLASSATUTORING App and/or Website, students and third-party providers must comply with our Community Guidelines as a condition of using the App and/or Website in order to engage in proper and professional interactions.
YOUR ACCOUNT MAY BE SUSPENDED, CANCELLED OR PERMANENTLY DEACTIVATED IF YOU FAIL TO ADHERE TO OUR COMMUNITY GUIDELINES BY ENGAGING IN INAPPROPRIATE BEHAVIOR INCLUDING BUT NOT LIMITED TO:
- USING DRUGS OR ALCOHOL DURING A SESSION
- CARRYING A FIREARM OR WEAPON DURING A SESSION
- ENGAGING IN DEFAMATORY ACTS
- IMPERSONATING ANOTHER USER OR THIRD-PARTY PROVIDER
- ALLOWING ANOTHER PARTY TO IMPERSONATE YOU WHILE USING THE APP AND/OR WEBSITE
- STALKING OR HARASSING ANOTHER USER
- THREATENING ANOTHER USER
- VIOLATING A USER'S PRIVACY OR PUBLICITY RIGHTS
- USING RACIST OR DISTASTEFUL LANGUAGE WHILE USING THE APP AND/OR WEBSITE OR IN A SESSION
- USING THE APP AND/OR WEBSITE IN A MANNER THAT VIOLATES APPLICABLE LAWS
- USING THE APP AND/OR WEBSITE FOR UNATHORIZED ADVERTISING
- USING VUGLAR OR PROFRANE LANGUAGE OR CONTENT WHILE USING THE APP AND/OR WEBSITE OR IN A SESSION
- USING ABUSIVE LANGUAGE OR VULGAR OR PORNOGRAPHIC CONTENT
- BEING ARRESTED OR CONVICTED FOR ENGAGING IN A CRIME AGAINST A MINOR OR ANY VIOLENT ACT
- USING INSULTING LANGUAGE
- MAKING INAPPROPRIATE CONTACT WITH THE OTHER PARTY IN A SESSION
- ARRANGING A SESSION OUTSIDE OF THE APP AND/OR WEBSITE WITH A PARTY YOU LOCATED BY USING THE APP AND/OR WEBSITE OR SITE
- CONDUCTING A SESSION IN AN INAPROPRIATE SETTING
- VIOLATING ANY LAWS DURING OR IMMEDATELY PRECEEDING OR AFTER A SESSION HAS STARTED
- FAILING TO PROVIDE ACCURATE REGISTRATION INFORMATION
- FAILING TO SUBMIT TO A BACKGROUND CHECK
You acknowledge that, in order to ensure compliance with legal obligations, CLASSATUTORING may be required to review your submitted content to determine whether it is illegal or whether it violates these terms, such as when unlawful content is reported to us. We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these terms. However, CLASSATUTORING has not obligation to monitor or review any submitted content.
CLASSATUTORING uses technology to track sessions which keeps the time spent during the session and any feedback from either the User receiving the tutoring session or the third-party provider (tutor) administering the tutoring session which helps keep the students and tutors safe and honest by using technologies such as GPS-tracking every session.
SESSIONS CAN’T BE CONDUCTED OUTSIDE OF THE APP AND/OR WEBSITE - THE RATING SYSTEM IS THERE TO PROTECT STUDENTS AND TUTORS - IF THERE IS NO SESSION REGISTERED WITHIN THE APP AND/OR WEBSITE YOU CANNOT ADD COMMENTS OR REPORT INAPPROPRIATE ACTIVITY UNLESS A SESSION HAS BEEN REGISTERED AND TAKEN PLACE. IF YOU BOOK SESSIONS OUTSIDE OF THE APP AND/OR WEBSITE VIA A PRIVATE ARRANGEMENT YOU SUPERCEDE REPORTING OPPORTUNITIES THAT HELP MAKE THE APP AND/OR WEBSITE WORK BETTER FOR EVERYONE'S SAFETY ADN YOU INCREASE YOUR RISK. YOU MAY BE SUBJECT TO DAMAGES IN THE AMOUNT OF VALUE LOST BY CLASSATUTORING FOR ANY SESSIONS HELD OUTSIDE OF THE APP AND/OR WEBSITE VIA WHERE YOU SOUGHT TO AVOID THE APPLICABLE FEE.
10. SMS/TEXT MESSAGES & NOTIFICATIONS FROM CLASSATUTORING
You agree that by using the App and/or Website you will receive (SMS) text messages or notifications. If you wish to opt out of receiving such services you have the right to delete the App and/or Website or change setting where applicable. Applicable charges from your carrier may apply.
11. YOUR DEVICE AND THE ABILITY TO ACCESS THE APP AND SERVICES
It is your responsibility to access the data network in order to use the App and/or Website and you understand that your mobile service contract and network including any messaging rates and/or fees will apply if you access the App and/or Website from a device that charges a fee for use of the App and/or Website without a free wifi network or cellular data plan. You understand that mobile technology is constantly changing and it may not be possible for you to obtain a compatible devices or software operating system to use the App and/or Website. CLASSATUTORING does not provide any warranty as far as the App and/or Website's ability to property function on any particular mobile device or any warranty as to the ability of the App and/or Website to function without interference or delay.
12. RESTRICTIONS AND LIMITED LICENSE
CLASSATUTORING is the sole owner of the App and/or Website and reserves all rights to the App and/or Website including to any licenses. you acknowledge and understand that your use of the App and/or Website does not grant you any rights of ownership in any manner, either in material submitted to describe the services offered except for the limited licenses to use the App and/or Website in the authorized manner. You acknowledge and understand that there is a limited license granted in the use of the App and/or Website and any use of CLASSATUTORING name, logos services, trademarks are limited and may be revoked by CLASSATUTORING at any time. Based on your adherence to the TOU, CLASSATUTORING hereby is providing you with a limited non-exclusive, terminable, non-transferrable license to access any non-private data, information, to log in and use the App and/or Website on your mobile phone or other device in connection with your legal use of the services in a personal, noncommercial manner. All rights are reserved by CLASSATUTORING.
You are not allowed to remove any legal notices, copy or create a separate version of this App and/or Website, distribute it, reverse engineer or break down the source code of the App and/or Website, re-sell the App and/or Website or parts of it to others, use the App and/or Website for your own business outside of your own personal use, use the App and/or Website to arrange tutors for others or tutors that have not undergone a background check through the App and/or Website or by persons who have not agreed to be bound by the TOU, overuse the App and/or Website to cause it to malfunction, link the App and/or Website or frame any portion of the App and/or Website, lease, publicly display, stream, use the App and/or Website for data-mining or other advertising purposes, televise, upload or publicly use the App and/or Website in a commercial capacity except for your own personal use, try to hack the App and/or Website or otherwise use the App and/or Website for purposes other than those specifically allowed by CLASSATUTORING.
13. ADVERTISING BY THIRD PARTIES
While using The App or the Website you acknowledge that third-party services, advertisers and other forms of third-party content may be displayed that are outside of CLASSATUTORING control however you hereby understand and agree that you will abide by all terms and policies that may affect such third-party content. CLASSATUTORING shall not be responsible or liable for any third-party content that may be displayed in the App and/or Website. Any inability of the App to work on your mobile device is not the responsibility of CLASSATUTORING in any manner whatsoever. You understand and agree that any use of the App and/or Website on third-party devices is subject to terms set forth in such third-party company's terms and that has nothing to do with CLASSATUTORING.
14. PAYMENT TERMS AND TRANSACTIONS
ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. You understand that use of the App and/or Website and its services will result in monetary charges. A fee will be charged through the Website and/or App when you have received services or if you are providing services that were facilitated through the Website and/or App. CLASSATUTORING will receive a flat fee payment in accordance with the service session option as selected by the STUDENT listed below. The TUTOR will set a rate for their services for the STUDENT to accept at their own discretion. The rates set by the TUTOR for their services are not determined in any way by CLASSATUTORING and are solely determined by the TUTOR. Payments to CLASSATUTORING will be solely made by CLASSATUTORING as an agent with the limited purpose of collecting a fee for setting up the tutoring service which will be performed through a third-party payment application processor. CLASSATUTORING will be billing you through a third-party app but the third-party provider who is providing tutoring services to you will be receiving payment through a third-party payment processor. Your payment to us will be held by a third-party agent in escrow who will then distribute the funds directly to CLASSATUTORING after confirmation of both parties’ readiness to commence the session. Confirmation of readiness to commence the session is made through the App at the time that both parties have accepted their willingness to commence the session by pressing the “Student Present” and “Teacher Present” button. Payment of this service fee is identical to payment being made directly by you where a Third-party Provider has provided services to you that was arranged through the App
and/or Website and our third-party payment processer. All required taxes shall be included in said charge as applicable by law. CLASSATUTORING shall have the non-waivable right to refund the fee charged or any portion of its fee based on its own discretion. It is understood by you either as a third-party service tutoring provider or as a party arranging for such services that any request for a lower charge from such other third-party receiving tutoring services shall not be at the discretion of CLASSATUTORING, however CLASSATUTORING may choose to act as a mediator to resolve any disputes regarding such services. You recognize that payments arranged through CLASSATUTORING are made on a per fee basis and there is no commission charged by CLASSATUTORING and each party is solely using the App and/or Website to arrange such service regardless of how many hours the service lasts and/or regardless of the quality of the service or the effectiveness of the student to learn, or the tutor to teach. Each party must use their own objective basis for determining the value of the services being charged or the value of the services you are agreeing to pay for.
TUTORS shall provide their banking information in order for them to be paid. Such payment will be distributed by a third payment service who will distribute the funds held in escrow. TUTORS must have a valid bank account on file in order to receive funding from the third-party service. Any fees paid through the system shall be paid upon indicating same via the App and/or Website, using the service confirmation system section of the App and/or Website. Payments will be made using the method so designated in your account settings, and if the payment method is invalid, expired, incorrect or maxed out, you agree that CLASSATUTORING as your agent can use any other method for collection so designated in your account including a charge back against future use of the App and/or Website by you for outstanding charges. You agree to be bound by these payment policies and are required to pay all costs charged for tutoring services arranged through the App and/or Website. The following charges and fees may apply where applicable and will be paid as follows:
1) ClassATutoring Connection Fee (when both the Student and Tutor click start in the app and/or website to start the session):
-Single Session: Twenty Five U.S. Dollars ($25.00)
-Double Session: Forty U.S. Dollars ($40.00)
-Triple Session: Fifty U.S. Dollars ($50.00);
2) the TUTOR’s rate and session fee to be determined by TUTOR;
3) transportation fees for the TUTOR where applicable;
4) charge for cancellation after arranging service through the App Twenty Five U.S. Dollars ($25.00)
All Fees are subject to change at any time. In the event of any such change of Fees, CLASSATUTORING will provide notice of any such change to all registered Users by email or by way of any other sufficient notice applicable.
15. SESSION CANCELLATION POLICY
A session cancellation is when a student seeking services books a tutoring session and then cancels the session after it is accepted by the third-party service provider (TUTOR). A cancellation affects the ability of the TUTOR to provide sessions to other parties and further
affects other students and tutors. A session cancellation may also occur when a Tutor cancels a session after both parties have already confirmed the session. In either case of cancellation by student or TUTOR, the cancelling party will be charged a $25.00 cancellation fee which will be paid to CLASSATUTORING in accordance with the “payment terms and transactions” section above. While there may be instances where a cancellation was unavoidable, parties using the App and/or Website should take all steps to avoid cancellation when a session has been confirmed. Once a session is started the student will be charged the entire tutoring fee regardless of whether the session was fully completed. Parties may choose to mutually or unilaterally end any session after it has started, but regardless of how much time of the session has been completed both parties will be charged for the full session.
FOR STUDENTS - In the event you cancel a pre-scheduled session you agree to pay a fee of TWENTY FIVE U.S. DOLLARS [$25.00] to cover the Third-party provider's time for losing a teaching opportunity and any travel expenses. This charge will be directly paid to the tutor and not to CLASSATUTORING. Any complaint for a refund must be directed to the designated third-party provider (TUTOR) who you booked the session with and then cancelled. Some third-party providers may elect to offer Users a discounted rate after a prior cancellation for a re-scheduled session after cancellation.
FOR TUTORS - In the event you the third-party provider (TUTOR) cancel a pre-scheduled session you agree to pay a fee of TWENTY FIVE U.S. DOLLARS [$25.00] to cover the CLASSATUTORING for losing a billing opportunity. This charge will be directly paid to the CLASSATUTORING.
16. SUSPENSION OF SERVICES FOR FAILING TO HAVE A VALID PAYMENT METHOD
You further agree that CLASSATUTORING may suspend your services, pending such payment method being validated. CLASSATUTORING further reserves the right to change any fees paid through your use of the App and/or Website at any time in its sole discretion based on several factors including use, low rating for third-party providers in rendering services, including but not limited to the User receiving services in app rating for behavior or inability to provide a reasonable teaching environment for such services to be rendered. Upon completion of any transaction a receipt will be provided via email to the email address so designated and such receipt may contain terms regarding any challenge or complaint regarding fees charged.
CLASSATUTORING may provide certain third-party users or service providers with promotional offers or discounts that will result in dissimilar charges for the same services and you agree that any such discrepancy as to a payments made by you, either through a promotional offer or discounts regardless if also made available to you by CLASSATUTORING shall give rise to no claim by you as to the use of the App and/or Website or any charges paid by you. In the event you are unhappy with such services you have the right to cancel your use of the App and/or Website. In addition if whether you are a third-party receiving tutoring services or are a third-party tutor which arranged a tutoring service through the App and/or Website, either party shall have the right to cancel the tutoring session at any time prior or during the tutoring session, or prior to arrival in which case you may be charged a cancellation fee or partial fee paid to the
third-party provider shall be processed based on our terms and the length of the session before being cancelled.
You agree that these payment terms shall fully pay you for any services or inability to complete other services or obtain other tutoring services and the charges are fair and shall fully compensate you for any time lost or other claim against the other party solely related to the services provided or the failure to provide such services.
AFTER A SESSION - RATING THE OTHER PARTY
After you have provided services or received services through the App and/or Website you understand that the other party involved in the session will have the opportunity to rate their experience and leave comments about your services or the designated students cooperation with the third-party during the session. You further agree and understand that the App and/or Website may implement a rating and informational registry that either party can use to rate experiences with the third-party provider or the third-party user, and that any party's rating of such service experience cannot be defamatory by nature and is solely based on the opinion of the other party and you will not take any steps to coerce or motivate the other party to change any rating issued within the App and/or Website.
CLASSATUTORING does not designate any portion of the payments facilitated or made through the App and/or Website as gratuity to the third-party service provider and such tipping if any is solely made on a voluntary basis and not included or mandated in any payment made or received using the App and/or Website.
17. DAMAGES DURING THE SESSION:
Either the party arranging services or the third-party service provider shall be responsible for the cost of any damages to person or property during any session. In the event a third-party claims damages as a result of interaction during a session CLASSATUTORING reserves the right to facilitate any reasonable payment for the cost of any alleged damages.
TO THE EXTENT MANDATED BY APPLICABLE LAW, CLASSATUTORING DOES NOT LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS.
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CLASSATUTORING OR ANY OF INDEPENDENT SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY AS FOLLOWS:
CLASSATUTORING HEREBY DENIES ALL REPRESENTATIONS AND WARRANTIES EITHER STATUTORY, EXPRESS OR IMPLIED. ALL SERVICES TO ANY PARTY USING THE APP AND/OR WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WHEN ACCESSIBLE. CLASSATUTORING EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSES, IMPLIED WARRANTY OF MERCHANTABILITY AND DISCLAIMS ANY REPRESENTATION OR GUARANTEE REGARDING THE QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICE REQUESTED OR ARRANGED FOR COMPENSATION THROUGH USE OF THE APP AND/OR WEBSITE. CLASSATUTORING MAKES NO WARRANTY THAT ANY PERRSON ARRANGING SERVICES WILL BE ON TIME, OR THAT ANY THIRD-PARTY PROVIDING SERVICES WILL BE ON TIME OR THAT THE SERVICE WILL BE RENDERED WITHOUT INTERRUPTION OR MISTAKE. CLASSATUTORING PROVIDES BACKGROUND CHECKS ON THIRD-PARTY SERVICE PROVIDERS ON AN ANNUAL BASIS BUT DOES NOT GUARANTEE THE SAFETY OR ABILITY OF ANY THIRD-PARTY PROVIDERS TO PROVIDE SAID SERVICES IN A SAFE MANNER. YOU AGREE THAT ANY AND ALL RISKS ARISING OUT OF YOUR USE OF THE SERVICES AND ANY SERVICE OR GOOD PROVIDED OR SOUGHT TO BE PROVIDED OR ARRANGED IN CONNECTION WITH THE APP AND/OR WEBSITE IS MADE SOLELY AT YOUR OWN RISK TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY SERVICES ARRANGED FOR PURPOSES OF HAVING SERVICES RENDERED TO A MINOR MUST BE PERFORMED WHILE UNDER CONSTANT SUPERVISION AND UNDERSTAND AND AGREE THAT IN THE EVENT A MINOR IS LEFT UNSUPERVISED WITH A THIRD-PARTY PROVIDER IT IS DONE SO AT YOUR OWN RISK AND NEGLIGENCE.
19. LIMITATIONS OF LIABILITY
YOU AGREE THAT CLASSATUTORING WILL NOT BE AND CANNOT BE HELD LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMTED TO WASTED MONEY FOR LOW QUALITY OR INCOMPETENT SERVICES, LOST TIME FOR CANCELLED SERVICES, LOST PROFITS, LOST INFORMATION, ANY INJURY EITHER TO PROPERTY OR TO PERSON INURRED IN CONNECTION WITH OR RESULTING FROM USE OF THE APP AND/OR WEBSITE AND ITS SERVICES, INCLUDING DEATH, DESPITE ANY PRIOR NOTICE BY CLASSATUTORING OF THE RISK OF ANY SUCH DAMAGES AND/OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT CLASSATUTORING CANNOT BE HELD LIABLE FOR ANY LIABILITY, DAMAGES OR LOSS OCCURING AS A RESULT OF YOUR USE OF THE APP AND/OR WEBSITE AND ITS SERVICES OR THE INCAPABILITY TO USE SAID SERVICES FOR ANY REASON. YOU AGREE THAT CLASSATUTORING CANNOT BE HELD LIABLE FOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OR THIRD-PARTY RECEIVING SERVICES ARRANGED THROUGH THE APP AND/OR WEBSITE FOR ANY REASON WHATSOEVER, EVEN WHERE NOTICE OF SUCH POSTENTIAL DAMAGES OR INJURY HAS BEEN PREVIOUSLY PROVIDED TO CLASSATUTORING.
CLASSATUTORING ITS PRINCIPALS, EMPLOYEES, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY ISSUES WITH THE PERFORMANCE OR DELAYS, COSTS OR EXPENSES CAUSED AS A RESULT OF ACTS BEYOND THE COMPANY'S CONTROL. YOU ACKNOWLEDGE AND AGREE THAT ANY THIRD-PARTY PROVIDER OR THIRD-PARTY ARRANGING OR RECEIVING SERVICES FOR ANOTHER PARTY MAY OFFER SERVICES THROUGH A THIRD-PARTY THAT HAS NOT BEEN CHECKED BY CLASSATUTORING OR FROM A THIRD-PARTY THAT HAS NOT UNDERGONE A RECENT BACKGROUND CHECK OR ANY BACKGROUND CHECK AS A RESULT OF A CRIMINAL OR IMPROPER INTENTION TO HIDE ANY PRIOR BAD ACTS AND THAY SUCH THIRD-PARTY SERVICE PROVIDER POSING AS ANOTHER PROVIDER MAY NOT BE AUTHORIZED OR PERMITTED TO PROVIDE SUCH SERVICES THROUGH THE APP AND/OR WEBSITE. IN SUCH AN EVENT CLASSATUTORING LIABILITY SHALL BE LIMITED TO THE CHARGE INCURRED BY YOU TO ARRANGE FOR SUCH SERVICE THROUGH THE APP AND/OR WEBSITE AND IN NO EVENT SHALL CLASSATUTORING TOTAL LIABILITY TO YOU IN CONNECTION WITH THE USE OF THE APP AND/OR WEBSITE SHALL NOT EXCEED THE SUM OF TWO HUNDRED FIFTY ($250.00) DOLLARS FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION. YOU AGREE THAT CLASSATUTORING HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES RENDERED OR FOR ANY PARTY YOU ARE MEETING TO PROVIDE SERVICES TO OTHER THAN AS EXPRESSLY SET FORTH IN THIS LIMITATION OF LIABLITY AND THE TERMS HEREIN. THESE STATEMENTS DO NOT PURPORT TO LIMIT YOUR RIGHTS AS UNDER ANY CONSUMER PROTECTION LAWS THAT CANNOT BE VOIDED UNDER APPLICABLE LAW AND PUBLIC POLICY. YOU AGREE THAT WE MAY TERMINATE YOUR ACCOUNT AND ACCESS TO THE APP OR WEBSITE OR CHANGE THE TERMS OF THE APP AND/OR WEBSITE, AND/OR REMOVE OR CHANGE ANY FEATURES IN ANY MANNER AT ANY TIME AND FOR ANY REASON OR NO REASON AT ALL WITHOUT ANY LIABILITY TO ANY PERSON OR ENTITY.
20. INDEMNIFICATION BY USERS AND THIRD-PARTY PROVIDERS
using the App and/or Website. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
21. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
You understand and agree that CLASSATUTORING may share your personal information to a third-party about services you provide. In addition you as a party seeking such third-party services understand and agree that CLASSATUTORING may share your personal information with third-party service providers, including any complaints, disputes or conflicts, accidents or related incidents related to the services provided or the services received. In addition such information will be provided in the event of a crime or allegation of a crime by a government agency or formal complaint by a third-party in relation to services received or provided through the Website and the App.
22. USER & THIRD-PARTY PROVIDER PRIVACY STATEMENT
When using the App, Website or other services offered by CLASSATUTORING information about you and your use of our services or other online services you use are collected as well as information gained about you while registering and sending us messages and data in your use of the Website and/or App, which will be stored in our database.
23. COLLECTION OF INFORMATION
CLASSATUTORING will collect personal information about you when you set up an account for use of the App and Website and use the services, including but not limited to GPS data, marketing data, ratings data, or other information which will be stored in our database and accessed by CLASSATUTORING and related third-party service providers for any legitimate commercial purpose. You agree, consent and permit CLASSATUTORING to collect such personal information about you and others related to your use of the Website and App and understand that the information you submit when setting up an account can be used for the reasons stated above.
24. AUDIO RECORDING OF SESSION
You agree and understand that CLASSATUTORING will be recording the entire tutoring session up to 3 hours for quality and security purposes and that CLASSATUTORING may use the data, sounds collected for quality control promotional purposes and educational purposes. You consent to the use. The data will only be maintained for a period of Ten Days.
25. GPS & LOCATION BASED TECHNOLOGIES CONSENT TO TRACKING
You expressly agree to allow CLASSATUTORING use of global positioning technology and location based technology features and waive and release CLASSATUTORING from any and all claims or damages arising from your use of those services. You understand and agree that your location may be seen by other users using the App and/or Website for purposes of arranged services with you as a third-party service provider (TUTOR).
27. CONSENT REQUIRED AND PERMISSIONS
You will be notified the at registration that the CLASSATUTORING App and/or Website wants permission to access certain types of data on your mobile device and you can agree and give consent (or disagree and not give consent) to that notice. You understand and acknowledge that the consents we may require are subject to change.
28. INFORMATION WE COLLECT
- Registration Info - personal data: When you create or modify your CLASSATUTORING account either as a User seeking to arrange tutoring services or as a Third-party Provider seeking to provide tutoring services, you acknowledge that we collect information you provide to us at registration and in modifying your account to reflect your current information when transmitting such data to us. This information may include all fields in our registration page and all information you provide when using the Services in the Website and App.
- Device Info: we collect all data related to your mobile device and network used.
- Location Info: we collect precise location data about where you are and where the services are being rendered as access to location services is required and we collect the location of your device when the App and/or Website is running in the foreground or background.
- Contacts Info: we may access your address book on your device through the permission system used by the App and/or Website and your mobile device.
- Payment Info: we may obtain details of your use the App and/or Website including time and duration of service, start of the session, date and time, who was supervising the service, who was present at the service, which third-party provider provided the service, how you felt about the quality of the service, the amount you were charged for the service of the amount you charged for the service, the reasons you requested the service, the distance you traveled to get to the service, if you used or someone you referred used a promo code for the service, or other related details.
- Usage Info: we may collect data about how you use the App and/or Website and interact with other users while using the services, and we do this through the use of technologies that maintain such information.
- Communication Data: we collect all data related to communications you have with users seeking services, or third-party providers arranging and providing such services while using our Website and app including but not limited to call data and text data shared between users.
- Third-party App Info: We collect all data from other software you use on your computer or mobile device when you decide to log in to your CLASSATUTORING account with a payment provider (e.g., Apple Pay or Paypal etc) or by linking your account with a social media service (e.g., Facebook). You understand and agree that we may obtain information about your connections from that service or app.
29. HOW WE USE YOUR DATA
We may use the data we collect and the data you provide to :
- to facilitate our services, to send messages, make payments, confirm and provide services, develop features to improve the services etc;
- use your information to prevent abuse of the application and its service, to prevent fraud or any crime, troubleshoot, analyze or monitor your activity in relation to the App and/or Website.
- communicate with you as to news, products, services and promotions;
- improve our services, add content or social interactions and advertisements.
30. SHARING OF DATA
We may share the data we collect about you as follows:
- with third-party service providers
- with users seeking services
- your name
- your photo
- your rating
- your location
- with third parties
- with the general public if you submit user created content in a public areas of the Website or App or in other apps that are viewable by the public;
- with our subsidiaries and affiliated entities
- partners or consultants who help us continue to provide services
- whenever a request for information is made by a party with authority under law
- with government authorities or other third parties
- for any valid business purposes or transaction
- In a general anonymous statistical form that cannot be used to obtain any of your personal information.
- in social sites or related services which enable sharing of info in a social media platform
-in obtaining analytics or related services for advertisements and the performance of same
- when using cookies.
31. USER CONTENT LICENSE & REPRESENTATIONS
By creating an account with CLASSATUTORING you hereby grant us and our agents, licensees, distributors, and other third-party users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for such maximum period permitted by applicable laws, including but not limited to intellectual rights, industrial property rights, copyright, trademark, patent, trade secret, privacy and publicity rights that you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, or to create derivative works based upon, perform and otherwise exploit such comments submitted in ratings of a third-party user of the App and/or Website in whole or in part, in all media formats now known or thereafter devised in any form of media for any and all purposes.
You retain all rights and ownership of your content and CLASSATUTORING does not claim any ownership rights of your content. Even though we don’t claim ownership of your content, we require the licenses described above in order to operate and enable our services.
You hereby appoint us as your agent with full authority to enter into and execute any document and/or do any act which might be necessary to confirm the any required grant of rights and/or waiver for your submissions. You agree that any submission you display on the App or Website are not confidential or entitled to any fiduciary relationship between CLASSATUTORING and you in any way and that you waive any right to consideration of any type for any submission. While we do not specifically seek or claim ownership rights to your submissions, you agree and warrant that CLASSATUTORING is free to use your submitted content in any promotional manner worldwide without any consideration or compensation being required by you.
You agree that you will not submit content that are defamatory, hateful, violent, obscene, pornographic or offensive, as determined by CLASSATUTORING in its sole discretion. CLASSATUTORING shall not be required to review, monitor, or remove improper user content but may do so at any time and without prior notice.
32. THE TUTOR & STUDENT RATING SYSTEM
After every tutoring session Tutors and student will have an opportunity to provide a rating on the other party based on a five star scale where one star indicates unsatisfactory session and five stars indicated an excellent session. This system helps create a better experience for all users including tutors who are judged by their performance where it matters most, from the actual student. In this session the user or tutor can include specific comments or suggestions as to what went right or what went wrong with the session and also helps create a stronger and safer community. Tutors will not be able to see their rating however they will see comments from other Tutors regarding a User Student. Students will not be able to see their rating however Tutors will be able to see comments about the Tutors. Ratings are logged in after each session and completing a session through the App and/or Website is the only way to increase your rating.
If the Tutor’s average rating falls below the minimum allowable average rating after multiple sessions (minimum of two (2) stars for a two month consecutive period) then the Tutor may be subject to termination after being provided notice to Tutor of such condition. If the Tutor fails to improve their account after notice is given and the account is subsequently terminated, the Tutor’s account may be reactivated on the platform after the Tutor provides proof of the steps they’ve taken to improve, or a reasonable explanation for the low rating average received. CLASSATUTORING has the sole discretion to deactivate any third-party service provider or student.
33. CANCELLING YOUR ACCOUNT
You may cancel your account at anytime by deleting your account on the account options page. We may retain information about you for lawful business purposes or as required by law.
34. ACCESS RIGHTS
CLASSATUTORING will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
35. COOKIES AND ADVERTISING
36. CHANGES TO THE STATEMENT
We may change this Statement at any time but will provide you with notice through the App and/or Website or other means, such as email. Your continued use of the App and/or Website constitutes your consent to any such changes.
37. CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of New Jersey.
You agree that all graphics, user interface, scripts, and software used to implement CLASSATUTORING services contains proprietary information and material that is owned by CLASSATUTORING and/or its licensors, and is protected by applicable intellectual property and other laws. You further agree that you will not use such proprietary information or materials in any way whatsoever except for use of the CLASSATUTORING services in compliance with this agreement.
CLASSATUTORING respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to claims of copyright infringement committed using our services through the App and/or Website is such claims are reported to us.
You agree that all disputes or claims relating in any way to your use of any services provided by CLASSATUTORING, including use of the App and/or Website or for any other reason arising out of your relationship with us or in any other capacity arising from the services of CLASSATUTORING (whether or not such dispute involves a third party), will be resolved by binding individual arbitration under the American Arbitration Association, rather than in court, and you expressly agree to waive trial by jury. Alternatively, you may assert claims in small claims court if your claims qualify and within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You and CLASSATUTORING each agree that any dispute proceeding will be conducted on an individual basis and not in a class or representative action. This means that you are giving up your right to participate as a class action that you may have against us including any right to participate in class arbitration.
40. CONTACT INFO
For questions or comments, reach us at POLICY@CLASSATUTORING.com