Student User Agreement (V1.2)
1. Agreement Structure and Acceptance
1.1 Agreement Suite.
This Student User Agreement forms part of the Agreement Suite and governs access to and use of Student Features.
1.2 Incorporation of Terms of Use and Privacy Policy.
The Terms of Use and the Privacy Policy are incorporated into this Student User Agreement by reference and they apply to you.
1.3 Priority rule.
In the event that there is a conflict between this Student User Agreement and the Terms of Use, this Student User Agreement prevails only to the extent of the conflict and only for the subject matter addressed in this Student User Agreement.
1.4 How you accept.
You accept this Student User Agreement when you click to accept, check an acceptance box, register an Account, complete a booking flow that requires acceptance, submit a booking request, or otherwise access or use Student Features.
1.5 Electronic records.
You agree that electronic records maintained by the Operator relating to acceptance, Account activity, and booking activity demonstrate acceptance and timing, subject to applicable law.
1.6 Guardian acceptance for a Student under the Age of Majority.
In the event that a Student has not reached the Age of Majority, only a Guardian is permitted to accept this Student User Agreement, and the Guardian acceptance binds the Guardian.
2. Definitions
2.1 Account
has the meaning set out in the Terms of Use.
2.2 Age of Majority
has the meaning set out in the Terms of Use.
2.3 Agreement Suite
means the Terms of Use, the Privacy Policy, the Tutor User Agreement, and this Student User Agreement, as each is updated from time to time in accordance with the applicable change provisions.
2.4 Authorized Student
means a Student who has not reached the Age of Majority and who is permitted by a Guardian to access the Platform under a Guardian acceptance of this Student User Agreement.
2.5 Booking
has the meaning set out in the Terms of Use.
2.6 Content
has the meaning set out in the Terms of Use.
2.7 Guardian
means a parent or legal guardian of a Student who has not reached the Age of Majority.
2.8 Listing
has the meaning set out in the Terms of Use.
2.9 Student
means a user who seeks tutoring or instruction, including a prospective student.
2.10 Student Features
means features made available to Students and Guardians, which can include account tools, search tools, filters, messaging tools, and booking tools, as described on the Platform.
2.11 Tutor
has the meaning set out in the Terms of Use.
2.12 User
has the meaning set out in the Terms of Use.
3. Platform Role and Allocation of Responsibility
3.1 Marketplace technology only.
Student Features support search, communication, and booking coordination so that Students and Tutors can connect and arrange tutoring services.
3.2 No tutoring by the Operator.
The Operator does not provide tutoring services and the Operator does not supervise, control, or direct how tutoring services are delivered.
3.3 Operator not a party.
The Operator is not a party to any agreement between a Tutor and a Student or Guardian, including where a Booking is arranged through the Platform.
3.4 No verification.
The Operator does not verify Tutor identity, qualifications, education, titles, licensing status, or background, and you remain responsible for conducting due diligence before engaging a Tutor.
4. Eligibility and Guardian Framework for a Student Under the Age of Majority
4.1 Eligibility to use.
You use the Platform only where you have legal capacity to enter into a binding contract or you are a Guardian accepting this Student User Agreement on behalf of an Authorized Student.
4.2 Guardian as contracting party.
In the event that a Student has not reached the Age of Majority, the Guardian is the contracting party under this Student User Agreement for that Student, and the Student is not a contracting party.
4.3 Condition to use Student Features for an Authorized Student.
In the event that a Student has not reached the Age of Majority, access to Student Features that allow messaging, booking, sharing contact information, or purchase or use of a Student Subscription Plan is permitted only after a Guardian accepts the Agreement Suite for the Authorized Student.
4.4 Guardian responsibility.
In the event that a Guardian accepts this Student User Agreement for an Authorized Student, the Guardian accepts responsibility for Platform use and compliance with the Agreement Suite for that Authorized Student, including communications, booking coordination, subscription purchases, payment matters, privacy choices, and safety decisions.
4.5 Authority representation.
In the event that a Guardian accepts this Student User Agreement for an Authorized Student, the Guardian represents that the Guardian has legal authority to do so.
4.6 Operator reliance.
The Operator is entitled to rely on acceptance that appears valid based on information provided through the Platform, unless the Operator has reason to believe the acceptance is unauthorized.
5. Accounts, Security, and Accurate Information
5.1 Accurate information. You provide accurate, complete, and current information
when creating and maintaining an Account and you promptly update information when it changes.
5.2 Account security.
You keep login credentials confidential and you remain responsible for activity that occurs through the Account.
5.3 Unauthorized access.
In the event that you suspect unauthorized access to the Account, you notify the Operator promptly and you cooperate with reasonable steps required to secure the Account.
5.4 Account integrity actions.
In the event that the Operator reasonably believes Account information is inaccurate, the Account is being misused, or use violates the Agreement Suite, the Operator has the right to restrict access, suspend the Account, or terminate access.
6. Student and Guardian Attestation and Warranties
6.1 Attestation requirement.
As a condition of creating or maintaining an Account and using Student Features, you provide the attestations and warranties set out in this section, and you confirm that the Operator is entitled to rely on them.
6.2 Guardian authority for an Authorized Student.
In the event that you accept this Student User Agreement as a Guardian for an Authorized Student, you attest and warrant that you have legal authority to act for the Authorized Student in relation to Platform use and booking coordination.
6.3 Accuracy of information.
You attest and warrant that information provided through the Platform is accurate and not misleading, including age related information, contact information, and booking related information.
6.4 No unlawful or prohibited Content.
You attest and warrant that you do not post, upload, transmit, or otherwise make available Content that is unlawful, fraudulent, misleading, abusive, discriminatory, obscene, or otherwise prohibited by the Agreement Suite or applicable law.
6.5 No misuse of personal information.
You attest and warrant that you do not use personal information obtained through the Platform except as reasonably necessary for legitimate tutoring communications and booking coordination, and handling of personal information remains subject to applicable law and the Privacy Policy.
6.6 Ongoing accuracy.
You attest and warrant that these attestations remain true on an ongoing basis, and in the event that an attestation becomes untrue or inaccurate, you update information promptly and you stop using the Platform in a manner that depends on the inaccurate information.
6.7 Consequences of false attestation.
In the event that the Operator reasonably believes an attestation in this section is false, misleading, incomplete, or no longer accurate, the Operator has the right to take action under this Student User Agreement and the Terms of Use, including suspension or termination of access.
7. Bookings, Communications, and Scheduling
7.1 Booking tools.
Student Features include tools to request, confirm, or manage Bookings and tools to message Tutors, as described on the Platform.
7.2 Booking confirmation.
A Listing and a calendar display do not guarantee Tutor availability, and a Booking is not confirmed unless confirmed by the Tutor or otherwise confirmed through the Platform flow described on the Platform.
7.3 Communication standards.
You communicate with Tutors in a respectful manner and you do not use messaging tools to harass, threaten, intimidate, or mislead a Tutor.
7.4 Off Platform communications.
In the event that you communicate with a Tutor outside the Platform, communications occur outside Operator control and you remain responsible for content, privacy, and safety of those communications.
7.5 Record of acceptance at booking.
In the event that the Platform requires acceptance during a booking flow, acceptance forms part of the Agreement Suite and the Operator records acceptance details in accordance with the Terms of Use.
7.6 Guardian involvement for an Authorized Student.
In the event that an Authorized Student uses messaging or booking tools, the Guardian is responsible for establishing and enforcing boundaries for communications and for approving booking arrangements.
8. Student Subscription, Fees, and Paid Access
8.1 Student Subscription Plan and Paid Student Features.
The Platform may offer a monthly subscription for an adult Student or a Guardian acting for an Authorized Student, referred to in this Agreement as a Student Subscription Plan, that provides access to additional Platform features, including access to additional Tutor information and materials described on the Platform, referred to in this Agreement as Paid Student Features.
8.2 Who may purchase.
Only an adult Student or a Guardian may purchase a Student Subscription Plan, submit payment information, authorize recurring charges, or manage cancellation of auto renewal.
8.3 Use for an Authorized Student.
In the event that Paid Student Features are used in connection with an Authorized Student, the Guardian remains responsible for purchase, use, and compliance relating to the Student Subscription Plan and the Paid Student Features.
8.4 No verification of additional Tutor information.
You agree that Paid Student Features can display additional Tutor information or materials provided by Tutors, and the Operator does not verify the accuracy, completeness, legality, or suitability of that information or those materials.
8.5 Purpose limitation and confidentiality.
You agree that additional Tutor information and materials accessed through Paid Student Features are provided only to evaluate Tutor suitability for tutoring services. You shall not reproduce, distribute, publish, sell, share, scrape, or otherwise make those materials available to another person, except where disclosure is required by applicable law.
8.6 No reliance and no guarantee.
You agree that Paid Student Features do not guarantee Tutor availability, Tutor suitability, booking success, learning outcomes, grades, certifications, or results.
8.7 Billing cycle.
A Student Subscription Plan is billed on a monthly recurring basis. Each billing cycle begins on the date and time of the first successful payment and renews on the corresponding calendar day of each month. In the event that a month does not have the renewal calendar day, renewal occurs on the last day of that month.
8.8 Authorization for recurring charges.
In the event that you purchase a Student Subscription Plan, you authorize the Operator and any payment processor used by the Operator to charge the payment method on file for recurring monthly fees until you cancel auto renewal.
8.9 Auto renewal.
A Student Subscription Plan renews automatically at the start of each new billing cycle unless you cancel auto renewal before the renewal time described on the Platform.
8.10 Cancellation effect.
In the event that you cancel auto renewal, the cancellation stops future renewals and access to Paid Student Features continues until the end of the then current billing cycle.
8.11 No refunds and no proration.
Except as required by applicable law, in the event that you cancel auto renewal or stop using Paid Student Features during a billing cycle, fees paid for the then current billing cycle are not refunded and are not prorated.
8.12 Failed payments.
In the event that payment is not successfully processed, the Operator may suspend or limit access to Paid Student Features until payment is successfully processed.
8.13 Pre-purchase disclosure.
Before a Student Subscription Plan is purchased, the Platform shall make available, in a manner that allows retention and printing, the material subscription terms, including the recurring fee, billing frequency, auto renewal, cancellation method, and any other information required by applicable law.
8.14 Review and correction of order information.
Before a purchase is completed, the Platform shall provide a reasonable opportunity to review the order details and correct input errors.
8.15 Contract copy and confirmation.
After purchase of a Student Subscription Plan, the Operator shall send or make available a written confirmation or copy of the contract within the time required by applicable law, including the identity of the purchaser, the date of purchase, and the material subscription terms.
8.16 Payment processing.
Payment processing is performed through one or more third party payment processors. Payment processing remains subject to the terms between you and the payment processor. The Operator is not responsible for acts or omissions of a payment processor except as required by applicable law.
8.17 No lesson fee processing between Users.
The Operator does not collect, hold, transmit, or process lesson fees, tuition, deposits, or other amounts owed between a Tutor and a Student or Guardian.
8.18 Financial terms are between Users.
Rates, payment methods, refund terms, cancellation fees, and other financial terms for tutoring services are determined solely between the Tutor and the Student or Guardian.
8.19 No adjudication by the Operator.
The Operator does not adjudicate disputes between Users, including disputes relating to payments, refunds, cancellations, service quality, or outcomes.
8.20 No responsibility for enforcement or collection.
The Operator is not responsible for collecting, refunding, reversing, enforcing, or administering any payment or fee between Users.
9. Suggested Cancellation and No Show Guidelines
9.1 Suggested guidelines.
In the event that the Platform displays suggested guidelines for cancellations and no shows, the guidelines function as informational tools intended to support clearer communications between Tutors and Students.
9.2 No enforcement by the Operator.
In the event that suggested guidelines are displayed, the Operator does not enforce the guidelines and the Operator does not administer any fee or charge related to a guideline.
9.3 User responsibility.
In the event that a cancellation fee, rescheduling fee, or no show fee is proposed or applied by a Tutor, the matter is between the Tutor and the Student or Guardian.
10. Safety and In Person Meetings
10.1 Outside Operator control.
In the event that a Student and a Tutor meet in person, the meeting occurs outside Operator control, and the Operator does not inspect, supervise, control, or approve any location, transport arrangement, or circumstances of an in person meeting.
10.2 No duty of care assumed.
The Operator does not assume a duty of care relating to in person meetings arranged between Users, and any safety decisions and precautions remain the responsibility of the Users involved.
10.3 Guardian control for an Authorized Student.
In the event that tutoring involves an Authorized Student, the Guardian is responsible for approving the meeting arrangement, approving the location, approving the timing, and determining whether supervision is required for the Authorized Student.
10.4 No arrangement services by the Operator.
The Operator does not provide chaperoning, supervision, transportation, escorting, or on site monitoring services, and the Operator does not confirm whether a Tutor arrives, departs, or performs services at an agreed location.
10.5 User responsibility for vetting and suitability.
You remain responsible for assessing Tutor suitability and safety before any in person meeting, and you remain responsible for confirming identity, qualifications, and fit through your own due diligence.
10.6 Location and supervision expectations.
In the event that a Guardian permits an Authorized Student to attend an in person meeting, the Guardian is responsible for selecting a safe and appropriate setting and for arranging supervision where the Guardian determines supervision is appropriate.
10.7 Personal information and location privacy.
You remain responsible for deciding what personal information to share for an in person meeting, and you limit sharing of personal information and location details to what is necessary for legitimate booking coordination.
10.8 No Operator responsibility for losses.
In the event that any loss, harm, expense, dispute, or claim arises from an in person meeting, the Operator is not responsible for the loss, harm, expense, dispute, or claim, to the fullest extent permitted by law.
10.9 Assumption of risk.
You acknowledge that in person meetings carry inherent risks and uncertainties, and you voluntarily assume the risks associated with meeting another User in person.
10.10 Emergency situations.
In the event that you believe there is immediate risk to safety, you contact emergency services or appropriate authorities, and reporting through the Platform does not replace contacting authorities where necessary.
10.11 Reporting to the Operator.
The Platform provides reporting tools. You shall submit reports in good faith and with accurate information, and the Operator is not required to take a specific action in response to a report.
10.12 Operator enforcement rights.
In the event that the Operator reasonably believes conduct relating to in person meetings creates safety risk, legal risk, or undermines Platform integrity, the Operator has the right to restrict messaging, restrict booking tools, restrict visibility, suspend an Account, or terminate access in accordance with the Agreement Suite.
11. Reviews, Ratings, and Feedback
11.1 Application.
In the event that the Platform provides reviews or ratings, this section governs reviews, ratings, and feedback.
11.2 Truthful feedback.
You provide feedback that is truthful and based on genuine experience.
11.3 No abusive content.
Reviews and ratings do not contain unlawful content, threats, harassment, hate content, or personal attacks.
11.4 No sensitive information.
Reviews and ratings do not include personal information of another person beyond what is reasonably necessary, and reviews and ratings do not include sensitive information about minors.
11.5 Moderation.
In the event that a review or rating violates the Agreement Suite or creates legal or operational risk, the Operator has the right to remove or restrict the review or rating.
12. Acceptable Use and Prohibited Conduct
12.1 Lawful and respectful use.
You use the Platform lawfully and respectfully and you do not harass, threaten, intimidate, or discriminate against any person.
12.2 Truthful communications.
You do not misrepresent identity, age, contact information, intentions, or booking related information and you do not post Content that is false, deceptive, or misleading.
12.3 Protection of minors.
In the event that an Authorized Student uses the Platform, you do not use the Platform in a way that endangers minors and you do not solicit or share a minor personal information except as reasonably necessary for lawful booking coordination by or with a Guardian.
12.4 Platform integrity.
You do not interfere with Platform security or operations, including unauthorized access, malware introduction, bypass of technical controls, or scraping, except as permitted by applicable law.
12.5 Circumvention.
You do not attempt to circumvent restrictions, suspensions, acceptance prompts, or enforcement actions applied under the Agreement Suite.
13. Reporting and Complaints
13.1 Reports.
The Platform provides reporting tools. You shall use the reporting tools in good faith and you shall provide accurate information in a report.
13.2 False reports.
You do not submit false, misleading, or abusive reports, and in the event that the Operator reasonably believes a report is false or abusive, the Operator has the right to restrict reporting access or take enforcement action.
13.3 Operator response.
The Operator is not required to take a specific action in response to a report and any action taken is governed by the Agreement Suite.
14. Enforcement, Removal, and Platform Control
14.1 Terms of Use enforcement applies.
Enforcement tools, content removal, access controls, timing, notice, and liability relating to enforcement actions are addressed in the Terms of Use, and those provisions apply to this Student User Agreement.
14.2 Student specific enforcement.
In the event that the Operator reasonably believes conduct under this Student User Agreement creates risk to Users or undermines Platform integrity, the Operator has the right to restrict Student Features, restrict messaging, restrict booking tools, and remove Student Content, to the fullest extent permitted by law.
14.3 No liability for enforcement actions.
In the event that the Operator takes action under this section or under the Terms of Use enforcement provisions, the Operator is not liable to you or any third party for termination, restriction, removal, or related effects, to the fullest extent permitted by law.
15. Licence for Student Content
15.1 Licence to operate the Platform.
You grant the Operator a non exclusive, worldwide, royalty free licence to host, store, reproduce, display, distribute, and make available Content you submit through Student Features for the purpose of operating, promoting, and improving the Platform.
15.2 Technical modifications.
The Operator has the right to make technical modifications to Content for formatting, compatibility, or performance purposes, without intentionally changing meaning.
16. Disclaimers, Assumption of Risk, and Limitation of Liability
16.1 Terms of Use governs platform risk allocation.
Disclaimers, assumption of risk, release, and limitation of liability are set out in the Terms of Use and they apply to this Student User Agreement.
16.2 No guarantee of outcomes.
The Operator does not guarantee Tutor suitability, availability, learning outcomes, grades, certifications, or results.
17. Indemnity
17.1 Indemnity obligation.
You agree to indemnify and hold harmless the Operator and the directors, officers, employees, contractors, and agents of the Operator from claims, liabilities, damages, losses, penalties, fines, costs, and reasonable expenses, including reasonable legal fees and disbursements, arising out of or relating to:
(a) your breach of the Agreement Suite;
(b) your unlawful conduct, fraud, or misrepresentation;
(c) Content submitted, published, transmitted, or otherwise made available by you through the Platform, to the extent the claim alleges defamation, misrepresentation, infringement of intellectual property, invasion of privacy, or unlawful disclosure of personal information; or
(d) your misuse of the Platform or misuse of personal information obtained through the Platform.
17.2 Guardian responsibility.
In the event that you accept this Student User Agreement as a Guardian for an Authorized Student, your indemnity obligations extend to claims arising out of or relating to actions or omissions of the Authorized Student that would have fallen within section 17.1 if done by you.
17.3 Defence and cooperation.
In the event that a claim covered by this section is asserted, you shall cooperate reasonably with the Operator and provide information and documents reasonably required for the defence.
17.4 Settlement control.
You shall not settle any claim in a manner that imposes an obligation on the Operator or admits liability on behalf of the Operator without prior written consent of the Operator.
17.5 Survival and legal limits.
This section survives termination of the Agreement Suite and applies only to the fullest extent permitted by applicable law. Nothing in this section limits rights or remedies that cannot be excluded or limited under applicable law.
18. Term, Termination, and Survival
18.1 Term.
This Student User Agreement begins when you accept it and it continues until termination in accordance with the Agreement Suite.
18.2 Termination by you.
You stop using the Platform at any time by discontinuing use and closing the Account through Platform tools where available.
18.3 Termination by the Operator.
In the event that the Operator reasonably believes you have breached the Agreement Suite or created risk, the Operator has the right to suspend or terminate your Account and access to Student Features.
18.4 Survival.
Provisions intended to survive termination survive termination, including intellectual property, licences, disclaimers, limitation of liability, indemnities, and governing law clauses.
19. Changes to Student User Agreement
19.1 Right to change.
The Operator may change this Student User Agreement from time to time.
19.2 Non-material changes.
A non-material change may take effect when the updated version is posted on the Platform or on a later date stated in the updated version.
19.3 Material changes.
In the event that the Operator determines that a change is material, including a material change to a Student Subscription Plan, recurring fees, cancellation rules, or Paid Student Features, the Operator shall provide additional notice by email, through the Platform, or by other reasonable means. Unless applicable law requires a different result, the change applies no earlier than the next renewal after notice is given.
19.4 Effect of continued use.
If you continue to access or use Student Features after a change becomes effective, you accept the change. If you do not agree with a change, you shall stop using the Platform and, if applicable, cancel auto renewal before the next renewal date.
20. Governing Law and Venue
20.1 Governing law.
This Student User Agreement is governed by the laws of British Columbia and the federal laws of Canada applicable in British Columbia.
20.2 Venue.
Subject to applicable law, disputes arising out of or relating to this Student User Agreement shall be brought in the courts of British Columbia sitting in Vancouver, British Columbia, and each party attorns to the jurisdiction of those courts.
21. General
21.1 Severability.
In the event that any provision is held invalid or unenforceable, the remaining provisions remain in effect.
21.2 No waiver.
A failure to enforce a provision does not waive the right to enforce the provision later.
21.3 Assignment.
You do not assign rights or obligations under this Student User Agreement without written consent of the Operator, and the Operator assigns this Student User Agreement in connection with a reorganization, merger, or sale of assets.
21.4 Entire agreement for Student role.
This Student User Agreement, together with the Terms of Use and the Privacy Policy, forms the entire agreement between you and the Operator regarding Student use of the Platform.