Terms of Service
Last Updated on June 5, 2015
1. General terms
Tuteria provides this Site to users seeking tutoring services (“Clients”) and to users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf users accept these Terms. The term "you" or "You" or “User” or “Users” shall refer to Clients, Tutors or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between Tuteria 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.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent contractors hired by Clients, Tutors control the methods, materials and all aspects of the lessons.
Clients are responsible for selecting the right tutor for their needs. In making hiring decisions, Clients should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other Clients. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
Tuteria controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. Tuteria services may not be available in your location, and available services may vary among locations. In addition, Tuteria will attempt to deliver all correspondence sent via the Site's messaging system. Tuteria does not, however, guarantee delivery of all messages.
3. Academic honesty
You acknowledge and agree that Tuteria's services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Tuteria's services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
4. Your 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 Tuteria, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. You are not permitted to use the Site or the services or submit Content to the Site if you are under the age of 13.
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 Tuteria 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. Tuteria 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 Tuteria, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:
- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
- 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;
- Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
- Take any action that would undermine any aspect of the Site;
- Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
- 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;
- Impersonate another person or allow any other person or entity to use your user name, password or membership;
- Post the same content repeatedly or spam - spamming is strictly prohibited;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site;
- 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 or other such means);
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
- Restrict or inhibit any other user from using and enjoying the Site.
By using the Site, you understand and agree that Tuteria may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Tuteria 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 Tuteria to verify the above representations and warranties by you and you acknowledge and agree that Tuteria 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, address verification 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 Tuteria 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.
The preceding paragraph notwithstanding, you understand and agree Tuteria does not conduct background checks of any User. You also understand and agree Tuteria neither confirms nor denies the validity of information provided by Users and that Tuteria does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
Tuteria expressly disclaims, and you expressly release Tuteria 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.
Tuteria reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Tuteria in its sole discretion. Alleged improprieties by any User may be reported to Tuteria by email at firstname.lastname@example.org.
5. Third party reports
Tuteria may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, address verification checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications ("consumer reports"). Tuteria does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. Tuteria does not independently verify information in the consumer reports beyond the supporting documents Users upload to the Site.
You hereby consent to Tuteria collecting, using and disclosing the information in the consumer reports. You understand and agree that Tuteria may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Tuteria shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Tuteria reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Tuteria's sole discretion.
6. Confidentiality of Tuteria information
You may obtain direct access via the Site to certain confidential information of Tuteria 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. All right, title and interest in the Confidential Information remains with Tuteria 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 Tuteria, 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 Tuteria adequate to afford Tuteria the opportunity to object to the disclosure.
7. Content submitted to the site
Tuteria 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. Tuteria shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant Tuteria 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 Tuteria, its affiliates, and third-party providers of any information that you may provide on the Site.
8. Terms of transacting business
You understand and agree to abide by Tuteria’s payment policies. You agree that you are willing to pay all costs associated with the services through Tuteria. These costs include but are not limited to: (a) a tutor’s 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 Tuteria; (e) booking fees related to each booking on the site.
9. Third party verification services
Tuteria may make available one or more third party verification services that enable Users of the Site to inquire about information including, but not limited to, another User’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that Tuteria shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate.
10. Advertisements and promotions
Tuteria 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 Tuteria 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. Tuteria 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-Tuteria advertisers on the Site.
11. Text message notifications
Users, both Tutors and Clients may receive text message notifications for new lessons booked or submitted on the site (“Text Message Program”). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.
12. Content provided via links
You may find links to other websites or resources on the Site. You acknowledge and agree that Tuteria 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. Tuteria 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.
13. Intellectual property rights
Except as expressly authorized by Tuteria 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 Tuteria discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
"Tuteria Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Tuteria uses in connection with its products and services. You may not remove or alter any Tuteria Trademarks, or co-brand your own products or material with Tuteria Trademarks, without Tuteria's prior written consent. You acknowledge Tuteria's rights in Tuteria Trademarks and agree that any use of Tuteria Trademarks by you shall inure to Tuteria's sole benefit. You agree not to incorporate any Tuteria 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 Tuteria 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.
14. Termination and suspension
Tuteria 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.
15. 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. TUTERIA 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. TUTERIA MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
TUTERIA MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED 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 OBTAINED 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 OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
16. 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 TUTERIA HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT TUTERIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT TUTERIA IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. AS SUCH, TUTERIA 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. TUTERIA WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. TUTERIA 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 TUTERIA HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT TUTERIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT TUTERIA IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, TUTERIA EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES TUTERIA 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, TUTERIA 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 TUTERIA 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 OBTAINED, 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. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL TUTERIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO TUTERIA OR A TUTERIA PARTNER, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
17. 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 Tuteria’s Safety Tips, when interacting with other users.
Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Tutor conduct, or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Tuteria. 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. The arbitration shall be conducted in Lagos, Nigeria, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Tuteria may seek any interim or preliminary relief from a court of competent jurisdiction in Lagos, Nigeria, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
You agree that any material breach of the Terms will result in irreparable harm to Tuteria for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Tuteria 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 Tuteria seeks such an injunction.
21. Notices; modification and termination of services; amendment of terms
Tuteria may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. Tuteria 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. Tuteria may also delete, or bar access to or use of, all related information and files. Tuteria will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. Tuteria may amend these Terms at any time by posting the amended terms on this Site.
22. 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 State of Lagos.
23. Entire agreement
These Terms constitute the entire agreement between you and Tuteria 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 Tuteria or third-party products or services.