Last Update: June 12, 2015
TS provides and online platform that connects students with private tutors and offers services that facilitate the administrative tasks of conducting tutoring lessons. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in this document.1. General Terms
TS provides this Site to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf users accept these Terms (collectively "you"). These Terms are entered into by and between TS and you, and you accept them by: (a) contracting for tutoring lessons through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH TUTORS MAY CREATE PROFILES FOR TUTORING SERVICES AND STUDENS MAY LEARN ABOUT AND DIRECTLY BOOK THE TUTORS. YOU UNDERSTAND AND AGREE THAT TS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TUTORS AND STUDENTS, NOR IS TS A TUITION SERVICES, AGENT, OR SCHOOL. TS HAS NO CONTROL OVER THE CONDUCT OF TUTORS, STUDENTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.2. Services
TS helps recommend tutors to students, but ultimately students are responsible for selecting the right tutor for their needs. In making hiring decisions, Students should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other students. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
TS controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. Our services may not be available in your location, and available services may vary among locations. In addition, we will attempt to deliver all correspondence sent via the Site's messaging system. TS does not, however, guarantee delivery of all messages.3. Academic honesty
You acknowledge and agree that TS's services are provided for the purpose of learning, not cheating. You are not to inquire or hire tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you are not to use TS's services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.4. Obligations and Conduct
In consideration of your use of the Site, you agree: (a) that you are of legal age and have capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website ("Registration Data"); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to TS, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.
You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site ("Content"). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to TS or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. TS reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that TS, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a user with or without notice.
By using the Site, you understand and agree that TS may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that TS may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.
You hereby authorize TS to verify the above representations and warranties by you and you acknowledge and agree that TS shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that TS may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
TS expressly disclaims, and you expressly release TS from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a user's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any user.
TS reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to TS in its sole discretion. Alleged improprieties by any User may be reported to TS by email at email@example.com. Confidentiality of Tutorspotter Information
You may obtain direct access via the Site to certain confidential information of TS and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with TS and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from TS, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to TS adequate to afford TS the opportunity to object to the disclosure.6. Content submitted to the site
TS does not claim ownership of the Content that you place on the website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with this website shall be deemed to be provided on a non-confidential basis. TS shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant TS an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among TS, its affiliates, and third-party providers of any information that you may provide on the Site.7. Terms of transacting business
You understand and agree to abide by TS’s tutor and student payment policies. You agree that you are willing to pay all costs through TS. These costs include but are not limited to: (a) hourly rate as listed; (b) travel and transportation fees; (c) cancellation fees as described in a tutor’s cancellation policy, which can be found on a tutor’s profile on the Site; and d) the commission arrangement between the tutor and TS.8. Advertisements and promotions
TS may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than TS found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. TS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-TS advertisers on the Site.9. Content provided via links
You may find links to other websites or resources on the Site. You acknowledge and agree that TS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. TS will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.10. Intellectual property rights
Except as expressly authorized by TS or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software TS discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
"TS Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations TS uses in connection with its products and services. You may not remove or alter any TS Trademarks, or co-brand your own products or material with TS Trademarks, without TS's prior written consent. You acknowledge TS's rights in TS Trademarks and agree that any use of TS Trademarks by you shall inure to TS’s sole benefit. You agree not to incorporate any TS Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by TS on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.11. Termination and suspension
TS reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.12. Disclaimer of warranties
Use of the Site is at your sole risk unless otherwise explicitly stated. The Site, including the information, services, and Content, is provided on an "as is", "as available", and "with all faults" basis. TS disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. TS makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Site.
TS makes no warranty or representations that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) the results that may be TStained from the use of the website will be accurate or reliable; (c) the quality of any products, services, Content, information, or other material purchased or TStained from tutors will meet your expectations or requirements; or (d) any errors in the Site will be corrected.
You assume all risk for any damage to your computer system or loss of data that results from TStaining any Content from the Site, including any damages resulting from computer viruses.13. Limitation of liability
The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. You understand and agree that TS has no control over the acts or omissions of any User and that TS makes no representations or warranties about the quality of the services provided by any User. You understand and agree that TS is not responsible for the performance or conduct, whether online or offline, of any user of the Site. As such, TS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site.
Users of the Site transact between themselves. TS will not be involved in any user interactions. TS is not responsible for disputes, claims, loss, injury, or damage of ANY KIND that might arise during and after user interaction.
You understand and agree that TS has no control over the acts or omissions of any user on or off the Site and that TS makes no representations or warranties about the quality of the services provided by any user. You understand and agree that TS is not responsible for the performance or conduct, whether on or off the Site, of any user. As such, TS expressly disclaims, and each User expressly releases TS from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of users on or off the Site.
To the full extent permitted by law, TS is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if TS has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Site; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or TStained, or messages received or transactions entered into, through or from the Site; (c) statements or conduct of any third party on the Site, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information users may download, use, modify, or distribute.14. Assumption of risk
You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in TS’s Tutor and Student Safety Tips, when interacting with other users.15. Indemnification
Any controversy, claim, suit, injury or damage arising from or in any way related to the Site or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Country of usage then in effect and before a single arbitrator chosen by TS. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party.17. Injunction
You agree that any material breach of the Terms will result in irreparable harm to TS for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, TS will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if TS seeks such an injunction.18. Notices; modification and termination of services; amendment of terms
TS may provide notice to users via email, regular mail, or posting notices or links to notices on the Site. TS reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. TS may also delete, or bar access to or use of, all related information and files. TS will not be liable to users or any third-party for any modification, suspension, or termination of service, or loss of related information. TS may amend these Terms at any time by posting the amended terms on this Site.19. Governing law
This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of the United States or Hong Kong, wherever usage occurs.20. Entire agreement
These Terms constitute the entire agreement between you and TS relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use TS or third-party products or services.
Last Updated: June 12, 2015
Tutorspotter (herein referred to as "TS", "we", "us", or "our") provides and online platform that connects students with private tutors and offers services that facilitate the administrative tasks of conducting tutoring lessons (the "Service").
Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content to administer your use of the Service and to enable users to enjoy and easily navigate the Service.Information provided by the user
We receive, store and process information that you make available to us when accessing or using our Platform. Examples include account information, submitted forms, and tutor search history.Log Data
Our Platform may use social plugins which are provided and operated by third-party companies, such as Facebook’s Like Button.
As a result of this, you may send to the third-party company the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the third-party company, then the third party may not know your identity. If you are logged into your account with the third-party company, then the third party may be able to link information about your visit to our Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the third party.
When you create a Tutor Account, we will set up a tutor profile page for you. Your Tutor profile page will include your first name and last initial. You can select the other items of Personal Information that you wish to be included in your Vayable Account profile page – including, but not limited to, a profile picture, education, and work experience. We will display your Profile Information in your Tutor Account profile page publicly via the Service, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Tutorspotter Users and consequently should reflect how much you want other Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.Tutor Request Listing
If you post a Tutor Request, we may publish that Listing publicly via the Service. If you request to make a booking via the Service, we may share the following information about you with the applicable tutor: your first and last name and a link to your Account profile page. All of this information will enable the Tutor to decide whether to confirm or reject your booking. When a Tutor confirms a booking we may share pieces of the Tutor's Identify Information, including, but not limited to, full name, phone number, email address. In no event is a Tutor's Billing Information shared with a Guide.Aggregated and Non-Identifiable Information
We may collate and share aggregated user information that is non-identifiable with third-party partnersDeleting your account or information
All Users may review, update, correct or delete the Personal Information in their profile by contacting us at [email protected] or editing the relevant part of their profile. If you would like us to cancel your Tutorspotter Account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Tutorspotter Account. Please note that, if you cancel your Account, any reviews you have posted via the Service will remain publicly viewable via the Service.Security
TS takes reasonable steps to protect the Personal Information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Information to Tutorspotter via the Internet.Policy towards children
The Service is not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.