TERMS AND CONDITIONS
1. INTRODUCTION
These Terms and Conditions ("Terms”) govern your use of the MyonlineTutor website ("Platform”) at www.myonlinetutor.co, any mobile device application or any other means provided or authorized by MyOnlineTutor. Please read these Terms and Conditions carefully before using or continuing to use the Site. Accept the Terms only if you completely understand and accept each provision. By accessing or continuing to access the Site, you indicate and warrant that you understand, agree to, and accept all of the terms and conditions set out in these Terms.
2. TERMINOLOGIES
MyOnlineTutor Platform – the technology that connects Students and Tutors to conduct learning.
Student – a person who uses the MyOnlineTutor Platform or other resources provided by MyOnlineTutor to find tutoring services.
Tutor – a person providing Tutoring Services via the MyOnlineTutor Platform or other resources provided by MyOnlineTutor.
Parent - any person who is the real parent, a guardian appointed by the court or any person who acts as the guardian of the Pupil.
3. GENERAL TERMS
These Terms are entered into by and between MyOnlineTutor and you. MyOnlineTutor offers this site to users seeking tutoring services (referred to as "Students" and/or "Parents”), users seeking to offer tutoring services (referred to as "Tutors"), and any other organization on behalf of which Users agree these Terms. Any person or organization that reads, uses, accesses, or browses any content on, and/or creates, uploads, publishes, transmits, receives, or stores content to the Site, is referred to as a "You" or "you" or "User" or "Users." This includes students, tutors, and other visitors to the site.
These Terms are to be thoroughly read and each provision understood before the Site can be used. By clicking "I Accept" or by using the Services, you agree to the Terms. If you do not agree to the Terms of Use, you are not authorized to use the Services and you must cease all such use immediately.
4. PRIVACY POLICY
You acknowledge and agree that you have reviewed, acknowledge and agree to the MyOnlineTutor Privacy Policy, which is available at, https://www.MyOnlineTutor.com/privacypolicy which policy governs MyOnlineTutor’s collection and use of your "personal information” (as defined in the MyOnlineTutor’s Privacy Policy and/or applicable law).
5. SERVICES
The Site provides a marketplace for tutoring service seekers to connect with tutoring service providers. As Tutors are deemed independent businesses hired by Students, they determine, are accountable for, and typically control the techniques, materials, scheduling, frequency, and all other aspects of the tutoring they deliver.
Students are responsible for choosing the best tutor for their specific requirements. Students should study and investigate each tutor's self-reported qualifications, education, and experience, as well as feedback from other students, while making hiring decisions. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT IF THE STUDENT IS YOUNGER THAN 18 YEARS OLD.
To use the Site, you need to have a good Internet connection, and you must pay any service fees or other charges connected with such access. You must also provide the required equipment to connect to the Internet, such as a computer and modem or other access device. If you are under the age of eighteen (18), you may use the Site only with the participation and approval of a parent, legal guardian.
4. LIMITATION OF LIABILITY
WHILE MYONLINETUTOR USES GOOD FAITH EFFORTS TO CONFIRM THAT EACH TUTOR ON OUR WEBSITE IS A LEGITIMATE INSTRUCTOR, WE ARE UNABLE TO PROVIDE ANY ASSURANCES REGARDING TUTORS' TRUSTWORTHINESS AND THE INFORMATION THEY PROVIDE VIA OUR WEBSITE. WHEN INTERACTING WITH OTHER USERS ON THE SITE, EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, AS YOU WOULD WHEN INTERACTING WITH STRANGERS. NEITHER MYONLINETUTOR NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE ONLINE OR OFFLINE CONDUCT OF ANY SERVICE USER. MYONLINETUTOR, ITS AFFILIATES, AND LICENSORS ARE NOT LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM YOUR USE OF THE SERVICE.
5. INDEMNITY
You agree to defend, indemnify, and hold MyOnlineTutor, its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of this Agreement, your provision of the Services, and any claim made by a third party as a result of your provision of the Services, including any claim alleging you violated this Agreement.
6. ACADEMIC HONESTY
MyOnlineTutor's services are meant to aid studying, not to encourage or support cheating or other forms of academic dishonesty. You shall not use the Site to inquire about, engage in, or aid or assist anyone in any form of academic dishonesty (for example, completing assignments or projects, writing papers or essays, taking (or assisting others in taking) quizzes or examinations on someone's behalf), or to take any action that would violate the academic or conduct policies of a school, university, academic institution, or workplace.
7. ACCEPTABLE USE POLICY
All Users must: (a) be of legal age and have the capacity to agree to these Terms on their own behalf or on behalf of a minor receiving tutoring services; (b) provide accurate, current, and complete information about themselves as required during Site registration ("Registration Data"); (c) maintain the security of any password and identification information used to access the Site; and (d) maintain and promptly update the Registration Data and any information you provide to MyOnlineTutor, keep it accurate, current and complete; and (e) accept all risks of unauthorized access to information and Registration Data.
During the Site's registration process, you will create a password for your profile. You are entirely responsible for maintaining the confidentiality of your password any for actions that occur under your password or account. You agree to (a) promptly alert MyOnlineTutor of any unauthorized use of your password or account, as well as any other security violation, and (b) exit from your account at the conclusion of each session. MyOnlineTutor cannot and will not be held accountable for any unauthorized access to your account or data caused by your actions or inactions.
You are required to use the Site in a lawful and appropriate manner as you are entirely responsible for the content you upload, as well as any material or infor Any usage of the Site that MyOnlineTutor deems improper and/or objectionable in its sole discretion may result in the suspension and/or termination of a User with or without notice.
Prohibited user content that MyOnlineTutor deems inappropriate includes, but is not limited to content that:
i. Defame, abuse, harass in any form, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
ii. Create, upload, post, send, receive or store any false, misleading, profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content
iii. Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
iv. Create an account or accounts on the Site for fraudulent purposes, or for the purpose of misusing the Site, including without limitation misappropriating the Site or any information on the Site for your own commercial or pecuniary gain.
v. Upload files that contain software or other content that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
vi. Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or content that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
vii. Take any action that would undermine any aspect of the Site;
viii. Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
ix. Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
x. Impersonate another person or allow any other person or entity to impersonate you or use your credentials to access the Site
xi. Post the same content repeatedly or spam - spamming is strictly prohibited;
xii. Download, copy or transmit any file posted by another User that you know, or reasonably should know, cannot be legally published through the Site;
xiii. Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);
xiv. includes a photograph or video of another person that you have posted without that person's consent;
xv. Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
xvi. Restrict or inhibit any other User from using and enjoying the Site.
8. CONFIDENTIALITY OF MYONLINETUTOR INFORMATION
You may gain direct access to MyOnlineTutor and its affiliates' confidential information through the Site, including without limitation technical, contractual, product, program, pricing, marketing, and other valuable information that should reasonably be understood as confidential ("Confidential Information"). Confidential Information must be kept strictly confidential. MyOnlineTutor and its affiliates retain all rights, title, and interest in the Confidential Information.
9. USER CONTENT
You are solely responsible for any content that you create, transmit or display while using the Site.
Users may submit, post, display, provide, or otherwise make available content such as text, images, videos, files, documents, comments, questions, and other content or information to MyOnlineTutor now or in the future (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Site is referred to as "User Content"). We make no claim to ownership of User Content created by you. The User Content you create is yours to keep.
You expressly grant MyOnlineTutor a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and use such User Content as you see fit on the Site. You also represent and warrant that you have all rights necessary to grant this license. You further affirm that the User Content that you upload to the Site is legally yours and accept that you are not permitted to upload or post any User Content to the Site that violates a third party's copyright, trademark, or other intellectual property rights, or that infringes on their right to publicity or privacy. Only User Content that you have the owner's or the law's permission to post may be posted.
You are prohibited from producing, posting, sending, receiving, or storing User Content that is (a) inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, inconsistent with the mission of MyOnlineTutor, (b) contains unauthorized disclosure of personal information, (c) infringes on the intellectual property rights of others, (d) contains software viruses or other computer code, or (e) contains any of the following: files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. MyOnlineTutor maintains the right to modify or remove any User Content that it determines in its sole discretion to be in violation of these Terms, to contain third-party commercial ads, or for any other reason.
10. TERMS OF TRANSACTING BUSINESS
Users must abide by MyOnlineTutor’s tutor and student payment policies. Users must pay all costs associated with the services through MyOnlineTutor. These costs include but are not limited to: (a) a tutor’s hourly rate as listed; (b) cancellation fees (c) a transaction fee as listed and (d) the Platform Commission Fee arranged between the Tutor and MyOnlineTutor.
a) Payment Services
Instead of processing your credit/debit card information directly, MyOnlineTutor uses third-party payment systems (PayPal, Stripe, and Payoneer) to bill you as students through an online account payment. These payment systems allow you to send and receive money in exchange for the Services offered on the Website. If you use our website or any other linked service to make payments, you acknowledge and accept that your actions are subject to the payment terms outlined in these Terms. We also employ the same third-party payment providers (PayPal, Stripe, and Payoneer) to make payments to tutors.
b) Cancellations
Lessons may be cancelled or rescheduled at any time up to 4 hours before the planned lesson time. The Student will be charged the full fee for the lesson, unless the Student has had a discussion with the Tutor about the cancellation. The Student will be required to give a justification for the cancellation, which will typically be sent to your tutor.
The Student can cancel or reschedule a lesson by clicking the lesson cancellation button in "My lessons" at any time up to 4 hours before the lesson.
c) Refunds
MyOnlineTutor works to ensure that both students and tutors have a clear understanding of the payment arrangements related to the services we offer. If for any reason you are dissatisfied with the Services, you may qualify for a refund. Any refunds are subject to our exclusive discretion at all times, to the fullest degree authorized by law.
To qualify for a refund, the Student is required cancel the lesson 24 hours before the lesson is due to start. In extenuating circumstances that result in a class being missed or needing to be cancelled at short notice, the refund can only be granted at the tutor's discretion.
To apply for a refund, contact our support at info@myonlinetutor.com with the following information within 72 hours of the original lesson time:
· Date and time of lesson
· Reason for cancellation and requested refund
· Name of your tutor
Any approved refund will be credited to the student’s account where the student can either withdraw the refund or use the credit to procure a lesson from the same Tutor or any other Tutor on the platform.
MyOnlineTutor is not responsible for any fees levied by payment service providers. These are entirely for the Student’s account.
11. ADVERTISEMENTS AND PROMOTIONS
MyOnlineTutor may display advertisements and promotions from third parties. Any correspondence or business dealings you have with, or participation in promotions of, advertisers other than MyOnlineTutor 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. MyOnlineTutor is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as a result of the presence of such non-MyOnlineTutor advertisers on the Site.
12. TEXT MESSAGE NOTIFICATIONS
Tutors can opt to receive text message notifications for new student messages, lesson reminders and other information. Please keep in mind that any text message notifications may incur standard data and messaging charges. For more information, please contact your mobile phone carrier.
13. INTELLECTUAL PROPERTY RIGHTS
MyOnlineTutor hereby grants you permission (which may be revoked at any time for any reason or no reason) to use the Site solely for your own personal, non-commercial use (except as provided herein) and for the purposes set forth herein and in accordance with these Terms, provided that you do not remove any trademark, copyright, or other notices. Other uses are not allowed. For instance, you are not permitted to include the data, content, or other materials in any compilation, archive, or cache.
You may not access the Site via a deep link for any reason, nor may you use a robot, spider, web crawler, extraction software, automated process, or other device to scrape, copy, or monitor any part of the Site or any information, content, or material on the Site, unless expressly permitted by MyOnlineTutor. All of MyOnlineTutor's legal and common law rights remain reserved against anybody or anything that disobeys this clause. Without MyOnlineTutor's prior written consent, you are not permitted to link to or frame any Site pages or any of its content, in whole or in part. Using the social networking tools mentioned on the site, you can like, follow, and share links to MyOnlineTutor. Any rights that are not expressly granted in this clause are reserved.
You undertake not to download, transmit, mirror, frame, sell, distribute, rent, lease, loan, create derivative works of, sell, distribute, sell, or distribute the Content of others, in whole or in part, unless expressly permitted by MyOnlineTutor or by Content suppliers. Any software that MyOnlineTutor discloses to you is non-transferable, and you are not permitted to delete or alter any copyright, trademark, or other ownership notices.
"MyOnlineTutor Trademarks" refer to all names, marks, trademarks, logos, designs, trade dress, slogans, and other designations that MyOnlineTutor utilizes in connection with its goods and services. Without MyOnlineTutor's previous written approval, you are not allowed to change, remove, or co-brand your own products or materials with MyOnlineTutor Trademarks. You agree that any use of MyOnlineTutor Trademarks by you will solely benefit MyOnlineTutor and that MyOnlineTutor has the legal right to use the MyOnlineTutor Trademarks. For usage on or in conjunction with computer or internet-related products, services, or technologies, you undertake not to utilize any MyOnlineTutor Trademarks in your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations.
Nothing in these Terms should be interpreted as granting a license to any intellectual property rights unless expressly stated otherwise. The use of such Content is only for personal and non-commercial use, and it may not be copied, posted on any networked computers, or published in any medium unless expressly authorized by val. Permission is granted to display, copy, distribute, and download Content owned by MyOnlineTutor on the Site provided that: (a) the copyright notice pertaining to the Content is preserved, and a permission notice (such as "used with permission") is added to such Content; (b) the use of such Content is only
14. COPYRIGHT INFRINGEMENT
MyOnlineTutor respects other people's intellectual property, and we expect our users to do the same. As a result, Users may not post, modify, distribute, or reproduce in any way any Content on the Site that is copyrighted material you do not own or have permission to use, without first obtaining the copyright owner's prior written consent. MyOnlineTutor reserves the right, at its sole discretion, to remove any Content that we believe may infringe on the copyright rights of others, as well as to terminate the accounts of Users who we believe are infringers.
15. TERMINATION AND SUSPENSION
MyOnlineTutor reserves the right to modify or temporarily discontinue the Service (or any part of it) at any time and without notice. You agree that MyOnlineTutor will not be liable to you or any third party in the event that the Service is modified, suspended, or temporarily discontinued.
You agree that MyOnlineTutor may suspend or terminate your password, account (or any part thereof), or use of the Service for any reason, including, without limitation, if MyOnlineTutor believes you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Service under any provision of this Agreement may occur without prior notice, and you acknowledge and agree that MyOnlineTutor may immediately deactivate or delete your account and all data associated with your account, as well as bar any further access to the Service. Furthermore, you agree that MyOnlineTutor will not be liable to you or any third party if your access to the Service is terminated.
16. ASSUMPTION OF RISK
Users use the Site at their own risk, including, without limitation, any and all risks related to any and all interactions with other Users, whether those interactions take place online or offline. When communicating with other Users, Users shall exercise all reasonable caution, including without limitation adhering to the advice provided in MyOnlineTutor's Terms.
17. ARBITRATION
We encourage our Users to attempt to resolve disputes among themselves. Users can get help from MyOnlineTuto’s support on info@myonlinetutor.co if, for any reason, the users fail to find an amicable resolution to their dispute.
If you have a dispute with MyOnlineTutor, you agree to first contact us at info@MyOnlineTutor.com and try to resolve it informally. In the unlikely event that MyOnlineTutor is unable to resolve a dispute with you after sixty (60) days, the dispute will be resolved through individual arbitration before a single arbitrator.
The arbitration shall take place informally in Johannesburg but otherwise in accordance with the arbitration laws then in effect in the Republic of South Africa and will be conducted in English before a single arbitrator.
Except as specifically specified below, you and MyOnlineTutor expressly waive any right to bring legal action or seek resolution on a class-, collective-, or representative-basis, to the fullest extent permissible by applicable law. If you and MyOnlineTutor are unable to agree on a single arbitrator within sixty (60) days of either party's request for arbitration, the AAA shall choose a single arbitrator at either party's request.
The costs of the arbitration shall be split equally between the parties, with the following exceptions: (a) to the extent prohibited by applicable law; (b) if the arbitrator determines that the costs of arbitration (i.e., filing, administration, and arbitrator's fees) would prevent a Tutor from bringing a claim in arbitration, the arbitrator may require MyOnlineTutor to bear a greater share of such costs; and (c) the prevailing party shall, to the extent permitted or required by applicable, the victorious party shall be entitled to an award of reasonable attorneys' fees and costs incurred in connection with the arbitration in such an amount as may be determined by the arbitrator, to the extent permitted or required by applicable law.
The arbitrator's decisions are final, binding on both parties, and enforceable in any court of competent jurisdiction. Regardless, an application for judicial acceptance of the award or order of enforcement may be made to any court.
18. GOVERNING LAW
This agreement shall be governed by the laws of the Republic of South Africa in all respects, and the declaration of any clause herein as invalid shall not affect the validity of any other clause herein, which shall remain valid and in full force notwithstanding such invalidity.
19. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
MyOnlineTutor may notify Users by email, postal mail, posting notifications or links to notices on the Site, or any combination of these methods. The services (or any portion thereof), as well as usage of or access to them, may be changed, suspended, or terminated at any time by MyOnlineTutor with or without prior notice. All associated information and files may also be deleted by MyOnlineTutor, or access to them may be restricted. Any change, suspension, or termination of the service, or the loss of any associated information, will not subject MyOnlineTutor to any liability to Users or any other party.
MyOnlineTutor reserves the right to change these Terms at any time by posting the revised terms on this Site. Continued use of the Site after such an update constitutes acceptance of the revised Terms. Do not use or access (or continue to access) the Site if you do not agree to any of the terms in this Agreement or any future terms in a future revision of this Agreement.
MyOnlineTutor may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. MyOnlineTutor 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. MyOnlineTutor may also delete, or bar access to or use of, all related information and files. MyOnlineTutor will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. MyOnlineTutor may amend these Terms at any time by posting the amended terms on this Site. Your continued use of the Site following such update constitutes your acceptance of the revised Terms. If you do not agree to any of the terms in this Agreement or to any future terms in a future revision of this Agreement, do not use or access (or continue to access) the Site.
Despite the aforementioned, MyOnlineTutor shall not make any significant changes to the Terms governing the collection or use of student data without first notifying the User and offering a choice before the data is used in a way that differs materially from that which was disclosed at the time of data collection.
20. ENTIRE AGREEMENT
These Terms, along with any amendments and additional agreements you may enter into with MyOnlineTutor in connection with the Services, constitute the entire agreement between you and MyOnlineTutor regarding the Services. If any part of these Terms is deemed illegal, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
