TERMS OF USE (V1.2)
1. Agreement Structure and Acceptance
1.1 Agreement suite
These Terms of Use govern access to and use of the Platform and the Services, and they operate together with the Privacy Policy, the Tutor User Agreement, and the Student User Agreement as an integrated set of documents (the “Agreement Suite”).
1.2 How you accept
You accept these Terms of Use when you create an Account, click to accept, check an acceptance box, complete a booking or subscription flow that requires acceptance, or otherwise access or use the Platform after the Effective Date.
1.3 If you do not agree
If you do not agree to these Terms of Use, you must not access or use the Platform.
1.4 Authority for organizations
In the event that you use the Platform on behalf of an organization, you represent that you have authority to bind that organization, and references to you include that organization.
1.5 Electronic records
You agree that electronic acceptances, acknowledgements, and records maintained by the Operator are admissible to demonstrate acceptance and the timing of acceptance, subject to applicable law.
2. Definitions
2.1 Account
Means a registered user profile on the Platform.
2.2 Booking
Means a request, reservation, scheduling confirmation, or booking related communication facilitated by Platform tools.
2.3 Content
Means any text, images, video, audio, documents, listings, profiles, messages, reviews, ratings, or other materials made available on or through the Platform.
2.4 Guardian
Means a parent or legal guardian of a Student who has not reached the Age of Majority.
2.5 Listing
Means a Tutor profile, advertisement, or offering displayed on the Platform.
2.6 Privacy Policy
Means the Operator privacy policy made available on the Platform, as updated from time to time.
2.7 Student
Means a user who seeks tutoring or instruction, including a prospective student.
2.8 Student User Agreement
Means the agreement governing Student and Guardian access to and use of the Platform and booking related terms, as updated from time to time.
2.9 Tutor
Means a user who offers tutoring, instruction, or related services.
2.10 Tutor User Agreement
Means the agreement governing Tutor access to and use of the Platform, including subscription and listing terms, as updated from time to time.
2.11 User
Means any person who accesses or uses the Platform, including Tutors, Students, Guardians, and visitors.
2.12 Services
Means the Operator technology services that enable Users to post Listings, search, communicate, and arrange Bookings.
2.13 Age of Majority
Means 19 years of age for Users in British Columbia, unless mandatory law in a User jurisdiction requires a different age of majority for the purpose of entering into contracts.
3. Nature of the Platform and the Services
3.1 Marketplace technology only
The Services provide an online marketplace and technology tools that allow Tutors to publish Listings and allow Students and Guardians to search for, connect with, and arrange Bookings with Tutors.
3.2 No tutoring by the Operator
The Operator does not provide tutoring services, and the Operator is not responsible for the quality, safety, legality, or suitability of tutoring services offered or provided by Tutors.
3.3 No employment, agency, or partnership
The Operator does not employ Tutors and does not act as an agent, broker, representative, or partner of any Tutor, Student, or Guardian, and no User is authorized to bind the Operator.
3.4 No guarantee of outcomes
The Operator does not guarantee that any User will obtain a match, that any Booking will occur, or that any tutoring arrangement will produce a particular outcome or result.
4. Incorporated Documents and Priority Rules
4.1 Documents incorporated by reference
The Privacy Policy is incorporated into these Terms of Use and forms part of the agreement between you and the Operator.
4.2 Role specific agreements
In the event that you use the Platform as a Tutor, you are required to accept the Tutor User Agreement as a condition of using Tutor features.
In the event that you use the Platform as a Student or Guardian, you are required to accept the Student User Agreement as a condition of using Student or booking features.
4.3 When each document applies
The Privacy Policy applies to all Users. The Tutor User Agreement applies only to Tutors. The Student Use agreement applies only to Students and Guardians.
4.4 Conflict rule for role terms
In the event that there is a conflict between these Terms of Use and a role specific agreement that you have accepted, the role specific agreement prevails only to the extent of the conflict and only for the subject matter it specifically addresses.
4.5 Privacy priority for data handling topics
In the event that there is a conflict between these Terms of Use and the Privacy Policy regarding collection, use, disclosure, retention, or safeguarding of personal information, the Privacy Policy prevails for those topics only.
4.6 Reading the documents together
If a topic is addressed in more than one document in the Agreement Suite, the documents must be read together in a manner that gives effect to each document, unless an express priority rule applies.
5. Eligibility, Minors, and Guardian Responsibility
5.1 Eligibility to contract
You must have legal capacity to enter into a binding contract to use the Platform, and you must not use the Platform where applicable law prohibits your use.
5.2 Use by Students under the Age of Majority
In the event that a Student has not reached the Age of Majority, the Student may access or use the Platform only with authorization from a Guardian and only where the Guardian accepts the Agreement Suite as the contracting party for that Student.
5.3 Guardian representations
In the event that a Guardian accepts any document in the Agreement Suite for a Student who has not reached the Age of Majority, the Guardian represents that the Guardian has legal authority to do so and accepts responsibility for the Student use of the Platform, including account activity, communications, bookings, subscription purchases, and safety decisions.
5.4 Operator reliance
The Operator is entitled to rely on an acceptance that appears valid based on information provided through the Platform, unless the Operator has reason to believe the acceptance is unauthorized.
6. Accounts, Security, and Accurate Information
6.1 Accurate information
You provide accurate, complete, and current information when creating and maintaining an Account, and you promptly update information when it changes.
6.2 Credential security
You keep login credentials confidential and you remain responsible for all activity that occurs through your Account.
6.3 Unauthorized access
In the event that you suspect unauthorized access to your Account, you shall notify the Operator promptly and you cooperate with reasonable steps required to secure the Account.
6.4 Account integrity actions
In the event that the Operator reasonably believes Account information is inaccurate, an Account is being misused, or use violates the Agreement Suite, the Operator has the right to refuse registration, suspend access, restrict functionality, or terminate access.
7. Listings and User Content
7.1 User responsibility for Content
You remain responsible for Content you submit, including accuracy, legality, and whether Content is misleading.
7.2 Tutor Listing responsibility
A Tutor remains responsible for Listing accuracy, including claims relating to credentials, experience, subjects taught, availability, and any representation that influences a Student decision.
7.3 Rights to post Content
You shall post Content only where you have the right to use and share it, and you ensure Content does not infringe intellectual property rights, privacy rights, or other rights of any person.
7.4 No duty to pre-screen
The Operator does not pre-screen all Content and the Operator does not guarantee Content accuracy, completeness, or reliability.
7.5 Moderation and removal
In the event that the Operator reasonably believes Content violates the Agreement Suite, is misleading, unsafe, unlawful, or creates legal or operational risk, the Operator has the right to remove and restrict Content, or disable access to Content.
8. No Verification and User Due Diligence
8.1 No verification of Tutors
The Operator does not verify Tutor identity, qualifications, education, professional titles, licensing status, work authorization, orexperience.
8.2 No background checks
The Operator does not conduct criminal record checks or other background checks on Users.
8.3 Requests do not create a duty
In the event that the Operator requests documents, declarations, or profile information, the request does not create a duty to verify and the request does not constitute verification.
8.4 User due diligence
You remain responsible for due diligence before engaging another User, including confirming suitability, credentials, and safety arrangements as appropriate.
9. Bookings, User to User Agreements, and Payments
9.1 Booking tools only
Booking features function as technology tools that assist scheduling and communications.
9.2 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.
9.3 No lesson fee processing
The Operator does not collect, hold, transmit, or process lesson fees, tuition, deposits, or other amounts owed between Tutors and Students or Guardians.
9.4 User financial arrangements
Financial terms between a Tutor and a Student or Guardian are determined solely between them, and those terms operate subject to the Tutor User Agreement and the Student User Agreement where applicable.
9.5 No adjudication of disputes
The Operator does not adjudicate disputes between Users, including disputes relating to payments, refunds, cancellations, service quality, or outcomes.
9.6 Platform subscription fees carve out
In the event that the Operator offers paid Platform features, including Tutor subscription plans under the Tutor User Agreement and Student subscription plans under the Student User Agreement, fees payable to the Operator for those paid Platform features are not lesson fees and are not amounts owed between Tutors and Students.
10. Suggested Guidelines
10.1 Optional guidance
The Platform may display suggested guidelines for cancellations, no shows, communications, or best practices to support clearer communications between Users.
10.2 No enforcement by Operator
If suggested guidelines are displayed, the Operator does not enforce the guidelines.
11. In Person Meetings and Safety
11.1 Outside Operator control
In the event that Users meet in person, the meeting occurs outside Operator control and the Operator does not inspect, supervise, or control any location where tutoring occurs.
11.2 Safety expectations
Users remain responsible for reasonable safety precautions for in person meetings, including appropriate supervision and Guardian involvement where a Student has not reached the Age of Majority.
11.3 Assumption of risk for meetings
You assume risks associated with meeting another User in person, including risks of misconduct, personal injury, property damage, and other harm.
11.4 Reports and tools
The Platform provides reporting tools. Users shall report concerns promptly and in good faith, and receipt of a report does not create a duty to guarantee safety or outcomes.
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, credentials, availability, or intentions and you do not post Content that is false, deceptive, or misleading.
12.3 Protection of minors.
In the event that a Student has not reached the Age of Majority, 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 a lawful Booking arranged 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. Licence to the Operator for User Content
13.1 Purpose limited licence.
You grant the Operator a non-exclusive, worldwide, royalty free licence to host, store, reproduce, display, distribute, and make available your Content to the extent reasonably necessary to operate, maintain, promote, and improve the Platform and the Services.
13.2 Public Content and Visibility Settings.
You agree that the Platform can allow a User to designate certain Content as public. In the event that Content is designated as public, the Content can be accessed by the public and can be shared outside the control of the Operator. The Operator is not responsible for use, copying, retention, indexing, or redistribution of public Content by third parties.
13.3 Technical modifications.
The Operator may make technical modifications to Content for formatting, compatibility, accessibility, security, or performance purposes, provided that the Operator does not intentionally change the substantive meaning of the Content.
13.4 Authority to grant.
You represent that you have the rights, permissions, and authority necessary to grant the licence set out in this section.
- Platform Intellectual Property
14.1 Operator intellectual property. The Platform, the Services, and associated software, designs, trademarks, and Operator materials are owned by the Operator or its licensors.
14.2 Limited permission to use.
The Operator grants you a limited, non-exclusive, non-transferable permission to access and use the Platform for its intended purposes, subject to the Agreement Suite.
14.3 Restrictions.
You do not copy, sell, lease, reverse engineer, or create derivative works from the Platform except as permitted by law or with written permission of the Operator.
15. Privacy Bridge Clause
15.1 Privacy Policy governs personal information.
The Operator collection, use, disclosure, retention, and safeguarding of personal information are governed by the Privacy Policy.
15.2 Accuracy and authority to provide information.
You ensure personal information submitted is accurate and you ensure authority to provide it, including Guardian authority where required.
15.3 Service communications.
The Operator sends service-related communications necessary to operate Accounts and the Platform, and marketing communications are handled in accordance with the Privacy Policy and applicable law.
16. Suspension, Termination, and Platform Changes
16.1 Suspension or termination for breach.
In the event that the Operator reasonably believes you have breached any part of the Agreement Suite, the Operator has the right to suspend your Account, restrict access, or terminate access.
16.2 Risk based restrictions.
In the event that the Operator reasonably believes an action is necessary to reduce risk to Users or to the Operator, the Operator has the right to restrict features, remove Listings, limit communications, or impose other proportionate restrictions.
16.3 Service modifications.
The Operator has the right to modify, discontinue, or terminate the Platform or any part of the Services at any time, and the Operator is not liable for resulting unavailability except as required by applicable law.
16.4 Survival.
Provisions intended to survive termination survive termination, including intellectual property, disclaimers, limitation of liability, indemnities, and governing law clauses.
16.5 Enforcement tools.
The Operator reserves the right, in the sole discretion of the Operator, to take one or more of the following actions to the fullest extent permitted by law:
(a) suspend, deactivate, or terminate an Account or access to the Platform or the Services, in whole or in part;
(b) remove, disable access to, or discard Content, including Listings, profiles, and messages;
(c) restrict features, visibility, ranking, communications, or functionality;
(d) block or restrict access by email address, phone number, device identifier, IP address,payment instrument identifier, or other identifiers associated with you; and
(e) implement other proportionate measures intended to protect Users, reduce risk, or maintain Platform integrity.
16.6 Timing, notice, and grounds.
In the event that the Operator takes action under section 16.5, the action can take effect immediately and without prior notice, and the Operator provides notice after the fact only where the Operator determines that notice is reasonably practicable and consistent with Platform integrity and safety, and the Operator has the right to take action where the Operator reasonably believes conduct is inconsistent with the Agreement Suite, creates legal or operational risk, creates safety risk, involves fraud or misuse, or undermines Platform integrity.
16.7 Effect of enforcement action.
In the event that the Operator takes action under section 16.5, the Operator is not required to maintain any Account, access, Listing, ranking, visibility, or Content, and 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.
16.8 Retention.
In the event that an Account is suspended or terminated, the Operator has the right to retain archived copies of Content and related records to the extent necessary for legal compliance, dispute management, fraud prevention, and Platform integrity, and handling of personal information remains governed by the Privacy Policy.
17. Disclaimers
17.1 As is and as available.
The Platform and the Services are provided on an as is and as available basis.
17.2 No warranties.
To the fullest extent permitted by law, the Operator disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non infringement.
17.3 No guarantee of availability or accuracy.
The Operator does not warrant uninterrupted service, security, error free operation, or Content accuracy, completeness, or reliability.
18. Assumption of Risk and Release
18.1 User conduct not controlled.
You acknowledge that the Operator does not control User conduct and the Operator cannot predict or guarantee how Users act in interactions.
18.2 Assumption of risk.
You voluntarily assume risks arising from Platform use and interactions with other Users, whether online or in person.
18.3 Release.
To the fullest extent permitted by applicable law, and except for claims arising from fraud, wilful misconduct, or liability that cannot lawfully be excluded or limited, you release the Operator and the directors, officers, employees, contractors, and agents of the Operator from claims arising out of or relating to interactions, services, meetings, transactions, or disputes between Users, or other matters outside the reasonable control of the Operator.
18.4 Non excludable rights.
Nothing in the Agreement Suite limits rights or remedies that cannot be excluded or limited under applicable law.
19. Limitation of Liability
19.1 Excluded damages.
To the fullest extent permitted by applicable law, and except for liability that cannot lawfully be excluded or limited, the Operator is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or relating to the Platform, the Services, or the Agreement Suite.
19.2 User to user arrangements.
To the fullest extent permitted by applicable law, and except for liability that cannot lawfully be excluded or limited, the Operator is not liable or damages arising from tutoring services, meetings, communications, transactions, cancellations, refunds, payment disputes, or other disputes between Users.
19.3 Maximum aggregate liability.
To the fullest extent permitted by applicable law, the total aggregate liability of the Operator arising out of or relating to the Platform, the Services, or the Agreement Suite will not exceed the greater of CAD $100 and the total amount paid by you to the Operator for paid Platform features during the 12 months immediately preceding the event giving rise to the claim.
19.4 Non-excludable rights.
Nothing in this section excludes or limits rights, remedies, warranties, guarantees, or liabilities that cannot be excluded or limited under applicable law.
20. Indemnity
20.1 General indemnity.
You indemnify and hold harmless the Operator and the directors, officers, employees, contractors, and agents of the Operator from claims, liabilities, damages, losses, and reasonable expenses, including reasonable legal fees and disbursements, arising out of or relating to your breach of the Agreement Suite, your unlawful conduct, your fraud or misrepresentation, or your infringement of intellectual property rights, privacy rights, or other rights of any person.
20.2 Content and interactions.
This indemnity includes claims arising from Content you submit, publish, transmit, or otherwise make available through the Platform, and claims arising from your interactions or transactions with other Users to the extent the claim results from conduct described in section 20.1.
21. Governing Law and Venue
21.1 Governing law.
The Agreement Suite is governed by the laws of British Columbia and the federal laws of Canada applicable in British Columbia.
21.2 Venue.
Subject to applicable law, disputes arising out of or relating to the Agreement Suite shall be brought in the courts of British Columbia sitting in Vancouver, British Columbia, and each party attorns to the jurisdiction of those courts.
22. Updates to the Agreement Suite
22.1 Right to update. The Operator may update these Terms of Use, the Tutor User Agreement, the Student User Agreement, the Privacy Policy, and the Cookie Policy from time to time.
22.2 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.
22.3 Material changes.
In the event that the Operator determines that a change is material, the Operator shall provide additional notice by email, through the Platform, or by other reasonable means. Unless applicable law requires a different result, a material change to paid Platform features or recurring fees applies no earlier than the next renewal of the applicable subscription after notice is given.
22.4 Effect of continued use. In the event that you continue to access or use the Platform after a change becomes effective, you accept the change. In the event that you do not agree with a change, you shall stop using the Platform and close your Account.
23. Notices and Contact
23.1 Notices from the Operator.
The Operator provides notices through the Platform, by email, or by other reasonable means.
23.2 Notices to the Operator.
You provide notices to the Operator using the contact information stated at the beginning of these Terms of Use.
24. General
24.1 Severability.
In the event that any provision is held invalid or unenforceable, the remaining provisions remain in effect.
24.2 No waiver.
A failure to enforce a provision does not waive the right to enforce the provision later.
24.3 Assignment.
You do not assign rights or obligations under the Agreement Suite without written consent of the Operator, and the Operator assigns the Agreement Suite in connection with a reorganization, merger, or sale of assets.
24.4 Entire agreement.
The Agreement Suite forms the entire agreement between you and the Operator regarding the Platform and supersedes prior or contemporaneous understandings relating to the Platform.