Terms of Service
Last Updated on July 29, 2020
If you do not agree to this Terms, please do not continue to use or access the Platform.
1. General Terms
Tuteria provides this Platform to users, individuals, companies and businesses, or their ward, members, staff, or any other person or entity they severally represent, seeking tutoring services (“Clients”) and to individuals, companies and businesses, or any other person or entity they severally represent, seeking to provide tutoring services (“Tutors”). 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 data, content, or material to the Platform. These Terms are entered into by and between Tuteria and you, and you accept them by: (a) contracting for tutoring lessons through the Platform; (b) using and continuing to use the Platform in any other manner; and/or © providing tutoring services.
To the extent that anything on or associated with the Platform is in conflict or inconsistent with these Terms, the Terms shall prevail. 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, such provision will be replaced with a new provision that reflects and accomplishes Our original business purpose, such new provision to immediately become effective, and the other provisions of the Terms, not replaced will remain in full force and effect.
The Platform offers a marketplace for those in need of tutoring services to connect with those willing to provide such services. Tutors are independent contractors hired by Clients, and they control the methods, materials and all aspects of the lessons provided to the Clients.
Clients have the exclusive responsibility of selecting the right Tutor for their needs. In making hiring decisions, Clients are encouraged to review and investigate each tutor’s self-reported credentials, education, and experience, as well as reviews from other Clients. PLEASE TAKE NOTE THAT “All Tutoring Sessions should be Supervised by a Responsible Adult”.
Tuteria controls and operates the Platform from various locations and makes no representation that the Platform is appropriate or available for use in all locations. Thus, Tuteria services may not be available in your location, and available services may vary among locations. In addition, Tuteria will attempt to send all correspondences via the Platform’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, and that the services shall not in any way be used for the purpose of cheating or other fraudulent activities.
You agree not to hire Tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf.
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, other educational institutions or place of learning. Similarly, parents and/or guardians agree not to facilitate the use of Tuteria’s services on behalf of their children or ward for any purpose that violates the academic honesty policy or other conduct policies of their children’s or ward’s school, university, academic institution or other place of learning.
4. Your Obligations and Conduct
In consideration of your use of the Platform, you agree: (a) that you are of legal age and have capacity to agree to these Terms or that you continue to use and access this Platform under the supervision of someone who has the 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 Platform (“Registration Data”) even where such information is not specifically requested by Tuteria; © 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 give Tuteria a period of two (2) months from the date it issues a public notice of any data breach or potential data breach to rectify such breach or potential breach. (f) that Tuteria cannot validate the age of every individual that accesses the Platform and thus cannot discover where a User is under the age of 13. You are not permitted to use the Platform or the services or submit content to the Platform if you are under the age of 13, except under the supervision of an adult.
You are entirely responsible for all content that you upload, post, or otherwise transmit through your use of the Platform (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, false, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Tuteria or other Users of the Platform; (b) includes unauthorized disclosure of personal information; © violates or infringes anyone’s intellectual property rights; (d) is intended to bully, insult, intimidate or humiliate any person or (d) contains viruses, vulnerability 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.
Without prejudice to the specificity of the foregoing, you agree to use the Platform in a manner that is lawful, relevant and proper to any of the forums existing on the Platform. Any use of the Platform 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, subject to Tuteria’s right to revise the underlisted without notice and subject to the overriding discretion of Tuteria in determining which activity falls within the underlisted and 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 Platform 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 materials that violates the rights of any person, including without limitation intellectual property rights;
Upload files that contain viruses, trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other harmful programs, similar software, malware, spyware, adware 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, integrity, security or functionality of the Platform;
Attempt to gain unauthorized access to the Platform, other User accounts, or other device, computer system or networks connected to the Platform;
Advertise or offer to sell any goods or services for any commercial purpose on the Platform that are not appropriate or relevant to the Platform;
Impersonate another person or allow any other person or entity to use your User name, password or membership;
Post the same content repeatedly in a manner that constitutes spamming in any form;
Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Platform;
Access, download, or copy any information, content and/or materials from the Platform
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 Platform; or
Restrict or inhibit any other User from using or gaining full access to the functionalities of and enjoying the Platform.
If there has been any accusation or complaint whether or not it proceeded to trial, kindly inform Tuteria before continuing to use the Platform or any of the services associated thereon. You agree and grant Tuteria the right and authority to commence any action against you, or to immediately terminate your access to the Platform or to use any of the Services without given you any notice, pending its determination to reinstate you on the Platform or not.
You hereby authorize Tuteria to verify the above representations by you and you acknowledge and agree that Tuteria shall have the right, but not the obligation, to verify such representations. 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 Platform, should it determine that you have violated any representation or warranty. You further agree that
Tuteria is not obligated to communicate its decision to you within any timeline.
The preceding paragraph notwithstanding, you understand and agree Tuteria is not mandated to conduct background checks of any User. Tuteria will however, to a reasonable extent, use its power to ensure that all unauthorized or illegal use of the Platform is monitored and discontinued immediately upon discovery. You also understand and agree that 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 © fraud or theft you may suffer from any User that you may engage on this Site.
Tuteria reserves all of its rights 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 .
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 (“User Reports”). Tuteria does not endorse or make any representations or warranties regarding the reliability of such User Reports or the accuracy, timeliness or completeness of any information in the User Reports. Tuteria does not independently verify information in the User Reports beyond the supporting documents or information Users upload to the Platform.
You hereby consent to Tuteria collecting and using the information in the User Reports. You further consent to Tuteria disclosing the information in the User Report upon a court order or government directive, or to an affiliate company or to a third-party (provided the confidentiality of such information by the third-party is guaranteed). You understand and agree that Tuteria may, in its sole discretion, review and rely on the information in User 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 User 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 agency or organization engaged for the purpose by Tuteria to dispute the accuracy, timeliness or completeness of such information. Tuteria reserves the right to suspend and/or terminate a User’s access to the Platform based on information in the User Report or for any other justifiable reason, including but not limited to the security of other Users on the Platform, at Tuteria’s sole discretion.
6. Confidentiality of Tuteria information
You may obtain direct access via the Platform 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 understand and agree that such information need not have been marked confidential or expressly stated as confidential before it is deemed confidential. You irrevocably covenant and warrant to hold Confidential Information in strict confidence and utmost integrity. All right, title and interest in the Confidential Information remains with Tuteria and/or its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence that: (a) you possessed prior to your receipt from Tuteria, without an obligation to maintain its confidentiality or through no breach of your confidentiality obligations; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of this Terms; © 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 other Users who have had access to it, or (e) is in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish your rights under these Terms and as disclosed after prior notice to Tuteria to afford Tuteria the adequate opportunity to object to the disclosure.
7. Content submitted to the Platform
Tuteria does not claim ownership of the Content that you place on the Platform 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 Platform 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 Platform. You further agree that you have all the Intellectual Property rights to any information you share on the Platform and that you have not in any way infringed the rights of any other person or entity to the information being shared on the Platform. You undertake not to share any such information, knowingly or unknowingly, or which upon reasonable finding will have been discovered to infringe the right of any other person.
8. Terms of Transacting Business
You understand and agree that you are willing to pay all costs associated with the Services. These costs include but are not limited to: (a) a Tutor’s hourly rate as listed; (b) Tutor’s travel and transportation fees; © cancellation fees as described in a Tutor’s cancellation policy, which can be found on a Tutor’s profile on the Platform; and (d) the commission arrangement between the Tutor and Tuteria; (e) booking fees related to each booking on the Platform.
10. Advertisements and promotions
Tuteria may run advertisements and promotions from third parties or affiliated parties on the Platform. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Tuteria, found on or through the Platform, 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 Platform.
11. Text message notifications
Users may receive text message notifications for new lessons booked or submitted on the Platform (“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 platforms or resources on the Platform. You acknowledge and agree that Tuteria is not responsible for the availability of such external platforms 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 platforms 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 Platform or resource. You further acknowledge and agree that Tuteria is not responsible for the protection of personal data submitted to such external platforms and Tuteria shall not be liable for any breach of personal data that may occur by virtue of your use of such external platform. You agree to exclude Tuteria from any claim, damage or action that may arise therefrom.
13. Intellectual property rights
Except as expressly authorized by Tuteria or by content providers, you agree not to reproduce, modify, 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 agree not to modify, decompile, or reverse engineer any software Tuteria discloses or makes accessible to you, and you agree 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 or expressly agreed in writing by Tuteria, 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 Platform 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; © 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 undertake to immediately destroy (irretrievably) any content downloaded and/or printed from the Platform.
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 or cause any further use to be made on your behalf in any manner whatsoever, of the Platform after termination or during suspension from using the Platform.
15. Disclaimer of Warranties
You understand and agree that your use of the Platform is at your sole risk. The Platform, 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 Platform.
Tuteria makes no warranty or representations that: (a) the Platform will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Platform will be accurate or reliable; © 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 Platform 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 Platform, including any damages resulting from computer viruses.
You hereby acknowledge that the data and any materials provided or licensed hereunder are provided without warranties or representations, and Tuteria shall not accept any liability in connection with their use, storage and disposal by you. Except as expressly set forth in this
Terms, Tuteria makes no representation or warranty to you of any kind, express or implied, including any warranty of non-infringement, merchantability or fitness for a particular purpose or that any technology will be free from infringement of patents or proprietary rights of third parties, or that no third parties are in any way infringing patent rights. Without limiting the generality of the foregoing, you understand and acknowledge that no representation or warranty is made regarding the utility of any information, materials or technology licensed hereunder.
16. Limitation of liability
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 Platform. 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 Platform including without limitation any acts and/or omissions of Users on or off the Platform.
Users of the Platform 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. Tuteria further disclaims any liability for breach of any commercial relationship entered into between you and any other User without Tuteria’s written authorization or consent.
You understand and agree that Tuteria has no control over the acts or omissions of any User on or off the Platform 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 Platform, 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 Platform.
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 Platform, , 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 Platform; (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 Platform; © statements or conduct of any third party on the Platform, 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. Where for any reason, the above limitations do not apply to you, you irrevocably and unconditionally acknowledge and agree that 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 (b) $100 (whichever is less).
You and Tuteria agree that the warranty disclaimers and limitations of liability in these Terms are
17. Assumption of risk
You agree and understand that you assume all risks when using the Platform to the extent provided in this Terms. 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.
19. Dispute Resolution
You covenant that if any controversy, claim or dispute arises which relates in any way to the interpretation, or enforcement of any term of this Terms, or any breach thereof, or concerns any other matter in connection with this Terms, you and Tuteria shall use your best endeavors to settle amicably in good faith any dispute or difference between you arising from or in connection with this Terms through mutual discussion.
If you are unable to settle the dispute as indicated above within sixty (60) days, the dispute shall be referred to mediation by the legal representative of either of you. Mediation shall be
conducted at and in line with the Rules of the Lagos State Multi-Door Court House (LMDC).
This clause shall survive the termination of this Terms and shall accordingly apply at all times to disputes and differences of opinion arising between you hereto concerning this Agreement or any matter there under.
This Clause shall not preclude Tuteria from obtaining interim relief from a court of competent jurisdiction. Where mediation fails, the dispute shall be referred to a court of competent jurisdiction for resolution.
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, phone number, social media, regular mail, or posting notices or links to notices on the Platform. 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 Platform.
22. Governing law
This Policy shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
23. Entire agreement
These Terms constitute the entire agreement between you and Tuteria relating to this 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.