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Table of Content
Agreement to be bound by terms
TUTOR.ONE BY VEDAMO INC
Last updated on 1 April, 2023
Welcome to TUTOR.ONE Platform. These General Terms and Conditions of TUTOR.ONE Platform("Terms") govern your access to, use of, and/or interaction (collectively, "use" or "using") with TUTOR.ONE Platform(defined below) accessible via website and as amended from time to time.
AGREEMENT TO BE BOUND BY TERMS
You must read these terms carefully and thoroughly before using tutor.one platform. This is a legally binding agreement between you and VEDAMO (owner of tutor.one platform) and contains important information about your legal rights, obligations, and remedies related to, and is a condition of, your use of tutor.One platform. By using tutor.One platform, you, or on behalf of an entity, voluntarily accept, agree to comply with, and be bound by these terms and applicable laws and regulations. If you are using tutor.One platform on behalf of an entity, you represent and confirm that you are an authorized representative of such entity and can legally bind the entity to these terms. Additionally, you represent and warrant that you are at least 18 years of age and have the legal capacity and authority to enter into these terms pursuant to applicable laws and regulations. If you are under 18 years of age, you must either be an emancipated minor or possess legal parental or guardian consent, and must be fully able and competent to enter into, abide by, and comply with these terms pursuant to applicable laws and regulations.
You may not, under any circumstances, use tutor.One platform if you do not agree with these terms in full, or if you do not understand any portion of these terms, use tutor.One platform without first obtaining further clarification and understanding.
VEDAMO (owner of tutor.One platform) may, at any time, modify or remove any provision of these terms, in its sole discretion, in whole or in part, in accordance with these terms. VEDAMO hereby reserves any and all rights that are not expressly stated or granted herein.
Unless otherwise explicitly stated within this document, the terms used in the current Terms will be defined as follows
1.1.1 - TUTOR.ONE Platform
TUTOR.ONE Platform is a neutral online service that connects Learners, at Learners' request, with authorized individuals (collectively, "Tutors") to obtain tutoring and writing support services, test preparatory training and courses, and other related educational products and services including audio, video, text, and document collaboration technology. TUTOR.ONE Platform does not directly provide tutoring services and is not an agent or representative of any Tutor or Learner. Tutors are independent contractors and are not employees or agents of TUTOR.ONE Platform
1.1.2 - Tutoring Service
Services provided in TUTOR.ONE Platform by Tutors.
1.1.3 - Virtual Classroom
1.1.4 - VEDAMO
Vedamo, Inc., a company incorporated and existing under the laws of the State of Delaware, USA. TUTOR.ONE is a brand,website and service of VEDAMO Inc (VEDAMO) and both names can be used interchangeably.
1.1.5 - Learner
An individual or legal entity seeking online tutoring services in TUTOR.ONE Platform.
1.1.6 - Learner Account
Username and password with which the Learner accesses the TUTOR.ONE Platform.
1.1.7 - Tutor
An individual or legal entity providing tutoring sessions in TUTOR.ONE Platform.
1.1.8 - Tutor Account
Username and password with which the Tutor accesses the TUTOR.ONE Platform.
1.1.9 - User
Student and/or Tutor accessing or using any of TUTOR.ONE Platform.
1.1.10 - Learner-generated / Tutor-generated Content
All comments, remarks, information, feedback, text, photographs, links, data, images, video, music, or other material that you or any Learner/ Tutor posts to any part of the TUTOR.ONE Platform and/or Virtual Classroom , including such content or information that is posted as a result of surveys.
1.1.11 - Technical Requirements and Support Policy
Description of the requirements, guidelines, and standards applied in order to ensure the proper functioning of the TUTOR.ONE Platform and Virtual Classroom and the measures that Learners, and Tutors can adopt to solve any problems that may arise.
You may only create and maintain one Learner or Tutor account for use of TUTOR.ONE Platform and shall not share it with others. Parents or guardians may create accounts on behalf of and for the benefit of a Learner under the age of 18. Any and all information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account on the Platform, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another Learner or Tutor at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify TUTOR.ONE (VEDAMO) immediately if you suspect any unauthorized use of your account or access to your password. You agree not to exchange personal information (email addresses, phone numbers, home address, etc.) to any other Learners and/or Tutors on TUTOR.ONE Platform. TUTOR.ONE (VEDAMO) reserves the right to terminate your account for any reason at our sole discretion without notice and without liability.
TUTOR.ONE (VEDAMO) may request a Tutor to provide a government-issued ID (passport, driver's license, etc.) and the documents confirming the claimed educational credentials (educational background documents, such as diplomas, certificates, etc.). The Tutor will be asked to upload a copy of the Tutor's government-issued ID and their educational document(s). As a Tutor passes the verification procedure, a special badge is added to the Tutor's profile, and the uploaded copies of the documents get deleted from our servers.
TUTOR.ONE (VEDAMO) does not endorse or make any representations or warranties regarding the accuracy, completeness, and reliability of any information provided by the Tutor within the verification procedure.
TUTOR.ONE (VEDAMO) cannot confirm that each User is who they claim to be. You agree and understand
that you assume all risks when using the TUTOR.ONE Platform, including without limitation any and
all of the risks associated with any online or offline interactions with other Users.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don't know. Neither TUTOR.ONE (VEDAMO) nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of the TUTOR.ONE Platform. TUTOR.ONE (VEDAMO), its affiliates, and licensors will not be liable for any claim, injury, or damage arising from or in connection with your use of the TUTOR.ONE Platform.
You may deactivate your account at any time by selecting ‘deactivate' through your account on the Site or contacting us. After your account is deactivated, you may still be able to access all of your data, including your completed tutoring service sessions, documents, chat messages, photos, reviews, ratings, and any other available data that you shared on or through the Platform.
TUTOR.ONE (VEDAMO) may suspend and/or deactivate your account in its sole discretion for any reason, including, but not limited to, inactivity, misuse, or breach of these Terms.
The provision of the TUTOR.ONE Platform is discontinued by:
1.5.1 - Upon Account deactivation.
1.5.2 - In the event of significant or repeated failure to fulfill obligations.
1.5.3 - If any of TUTOR.ONE (VEDAMO), Learners, and Tutors are declared insolvent or become subject to insolvency proceedings.
1.5.4 - In other cases described in the current Terms.
1.5.5 - In other cases determined by applicable law.
TUTOR.ONE (VEDAMO) may also delete or restrict access to or use of all related information and files. TUTOR.ONE (VEDAMO) will not be liable to Learners or Tutors or any third party for any modification, suspension, or termination of the access to TUTOR.ONE Platform, or loss of related information. Even after your right to use the TUTOR.ONE Platform has been terminated or suspended, these Terms will remain enforceable against you.
In cases of termination of the TUTOR.ONE Platform for reasons that are not due to a fault of the Learner, TUTOR.ONE (VEDAMO) shall refund the Learner for the unused prepaid amounts for use of TUTOR.ONE Platform and/or Tutoring Services.
The Learner and Tutor shall follow Technical Requirements and Support Policy of the TUTOR.ONE Platform and Virtual Classroom.
The Learners and the Tutors may use the TUTOR.ONE Platform after account registration and providing payment information. The payment of the TUTOR.ONE Platform depends on the details specified by the Tutor. TUTOR.ONE (VEDAMO) use third party payment processors to bill Users as Learner in lieu of directly processing your credit/ debit card information as well as third party payment processor to enable payout to the Tutors. Payments made by the Learners to TUTOR.ONE (VEDAMO) shall satisfy the Learner's obligation with respect to the payment of the Tutor for the Tutoring Services provided. TUTOR.ONE (VEDAMO) holds the payment for 7 (seven) days after the end of the session between the Learner and the Tutor in case of a dispute before sending it to the Tutor. TUTOR.ONE (VEDAMO) declares that it is not involved in the payment transaction and that it does not store any payment details of the Learners or of the Tutors.
TUTOR.ONE (VEDAMO) may record and monitor tutoring service sessions, including, but not limited to, any audios, videos, chats, files, and documents, at any time for quality assurance and management purposes and any other internal purposes as TUTOR.ONE (VEDAMO) deems necessary without further notice of consent to you and as required in Intellectual Property section.
TUTOR.ONE (VEDAMO) may update and modify TUTOR.ONE Platform at any time for any reason in its sole discretion. Such updates or modifications may result in changes in the appearance and/or functionality of TUTOR.ONE Platform, including the addition, modification, or removal of functionality, features, or content. Excluding the addition of wholly new products or services, TUTOR.ONE (VEDAMO) shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to TUTOR.ONE Platform.
Tutors grant TUTOR.ONE (VEDAMO) the rights to use Tutor's introduction video, name, and profile photo for marketing, advertising, or promotional purposes, including but not limited to publishing on social media channels, video hosting, and streaming services, such as YouTube, Vimeo, Facebook, or others, as to ensure accessibility and visibility to the Learners. Tutors may always request to remove any introduction videos published on social media channels, video hosting, and streaming services by writing to email@example.com.
TUTOR.ONE (VEDAMO) uses many pieces of information in order to show to the Learner the Tutors that best match the Learner's preferences. The order in which Tutors are displayed depends on a number of factors including, but not limited to, the following:
If a User has a complaint about TUTOR.ONE Platform and/or Tutoring Service, they should contact TUTOR.ONE (VEDAMO) at firstname.lastname@example.org, providing as much detail as possible about the Complaint. TUTOR.ONE (VEDAMO) shall respond to the User confirming receipt and shall investigate the matter. Upon receiving the Complaint, TUTOR.ONE (VEDAMO) customer support shall investigate the Complaint internally, taking into account the importance and complexity of the issue or issues raised. TUTOR.ONE (VEDAMO) shall respond to the User with its findings in response to the Complaint, and, where applicable, with a suggested solution.
Learners and Tutors acknowledge and agree that, from time to time, TUTOR.ONE (VEDAMO) may record videos of your lessons. This recording is intended solely for the purpose of ensuring the quality of the TUTOR.ONE Platform and/or Tutoring Service. Recordings will not be shared externally, used for individual targeting, or used for any sales, marketing, or other promotional purposes. By using the TUTOR.ONE Platform, you agree and give consent for such recordings that is gratuitous, unsolicited, and without restriction. You agree that TUTOR.ONE (VEDAMO)may use these recordings without fiduciary or other obligation and without any additional compensation.
TUTOR.ONE (VEDAMO) may suspend your access to TUTOR.ONE Platform for abusive practices that degrade the performance of TUTOR.ONE Platform for you and/or other Learners and/org Tutors. While using the TUTOR.ONE Platform, Learners, and Tutors agree to abide by the User Code of Conduct.
You acknowledge that the rights granted to you under these Terms are non-exclusive and that nothing in these Terms will be interpreted or construed to prohibit or in any way restrict TUTOR.ONE (VEDAMO) right to license, sell, or otherwise make available TUTOR.ONE Platform to any other Learner, Tutors or third party.
2.1.1 - In case you are a Learner, TUTOR.ONE (VEDAMO) hereby grants you, on the Terms set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the TUTOR.ONE Platform solely for your non-commercial personal use.
2.1.2 - In case you are a Tutor, TUTOR.ONE (VEDAMO) hereby grants you, on the Terms set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the TUTOR.ONE Platform solely for the provision of the Tutoring Services to the Learners.
2.1.3 - You agree not to view, copy, or procure content or information by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials (except as may be a result of the standard search engine or Internet browser usage) unless formally authorized by TUTOR.ONE (VEDAMO) under separate written agreement.
2.1.4 - You agree not to inquire about the engagement of or to engage Tutors to complete assignments, write papers, take quizzes, or otherwise do work on your behalf. Further, you agree not to use the TUTOR.ONE Platform for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution, or workplace.
2.1.5 - No TUTOR.ONE (VEDAMO) materials made available to you may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without TUTOR.ONE's (VEDAMO's) prior written permission or as expressly provided in these Terms.
2.1.6 - TUTOR.ONE (VEDAMO) may impose reasonable limits on your scope of access to the TUTOR.ONE Platform, including limits on time or volume of information accessed or devices used to access the TUTOR.ONE Platform, to prevent unauthorized third party use of the TUTOR.ONE Platform.
2.1.7 - All rights not expressly granted herein are reserved.
2.1.8 - Certain parts and features of our TUTOR.ONE Platform are reserved for registered Users only. To become a registered User, you must create a Learner or Tutor account. You agree that you are responsible for protecting your account credentials from unauthorized use, and you are responsible for all activity that occurs under those account credentials. You agree to notify us immediately if you believe that any of your account credentials have been or may be used without your permission so that appropriate action can be taken.
2.1.9 - You may not (i) create more than one accounts (either as a Tutor or as a Learner) to access the TUTOR.ONE Platform, (ii) share your account credentials with any third party, or (iii) transfer your account to any third party. You agree that you shall not rent, resell, or remarket or provide access to the TUTOR.ONE Platform to any third party. TUTOR.ONE (VEDAMO) is not responsible for any loss or damage caused by or expense incurred by you as a result of your failure to safeguard your account credentials.
2.1.10 - When you create an account on TUTOR.ONE Platform, we may collect certain personal data directly from you, or if you create your account using a third party service, we may collect personal data about you from the third party service (your username or user ID associated with that third party service). By choosing to create an account using a third party service, you authorize us to collect the personal data necessary to authenticate your account with the third party service provider.
2.1.13 - Learners and Tutors shall ensure all necessary technical conditions for the successful use of the TUTOR.ONE Platform, thus meeting the requirements as specified in the Technical Requirements and Support Policy of the Platform. Learners and Tutors agree and declares that will not use the TUTOR.ONE Platform to:
2.1.14 - Learners and Tutors recognize the global nature of the internet, and agrees to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, Learners and Tutors agree to comply with all applicable laws regarding the transmission of data.
2.1.16 - In cases of any third party claims against TUTOR.ONE (VEDAMO) in relation to actions of Learners and Tutors, the latter are obliged to bear all legal, administrative, and other costs related to such claims.
2.1.17 - In cases of default by Learners and Tutors regarding the above-mentioned provisions, TUTOR.ONE (VEDAMO) is entitled to terminate their accounts without prior notice.
2.2.1 - The Tutor provides the tutoring services in accordance with these Terms and other policies set forth by TUTOR.ONE (VEDAMO) and made available to you via email or by posting on Legal section of TUTOR.ONEwebsite;
2.2.2 - The Tutor provides the tutoring services in accordance with laws and regulations applicable in the state or country where you are providing the tutoring services and is solely responsible and fully liable for any violation of any local laws and regulations that apply to your provision of the tutoring services;
2.2.3 - The Tutor provides the tutoring services with reasonable care and skill and in accordance with generally recognized practices;
2.2.5 - The Tutor shall not provide tutoring services to the Learners, receive payments from the Learners directly, or encourage or solicit payment from the Learner directly or through any channels other than those provided by TUTOR.ONE (VEDAMO);
2.2.6 - The Tutor complies with all applicable terms of any third party services that is used or otherwise assessed in connection with the TUTOR.ONE Platform.
2.2.7 - The Tutor guarantees that software or applications being used is licensed in accordance with applicable law.
2.2.8 - By using TUTOR.ONE Platform, the Tutor represents, warrants, and agrees that no materials of any kind submitted through its account or otherwise posted, transmitted, or shared on or through the TUTOR.ONE Platform and/or Virtual Classroom will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material.
2.2.9 - The Tutor is solely responsible for the accuracy, quality, integrity, and legality of any information, documents, or other content that you submit, upload, or publish on the Platform, and of the means by which you acquire or generate such information, documents, or content.
2.2.10 - The Tutor acknowledges and agrees that TUTOR.ONE (VEDAMO) may advertise tutoring services; and
2.2.11 - The Tutor acknowledges and agrees that TUTOR.ONE (VEDAMO) may improve the video you provided for their accounts. The improvements can be made but are not limited to editing the video, adding the TUTOR.ONE logo to the video, improving the quality of sound in the video, and publishing the video on TUTOR.ONE social media accounts with adding the description and link to the Tutor's profile.
2.3.1 - The Learner agrees to honor the commitments made to the Tutor;
2.3.2 - The Learner agrees that will not circumvent or manipulate the fee structure, the billing process, or fees owed to TUTOR.ONE (VEDAMO) or the Tutor;
2.3.3 - The Learner agrees to use good faith efforts to interact with the Tutors; and
2.3.4 - The Learner is obliged to make a payment to TUTOR.ONE (VEDAMO) to use the TUTOR.ONE Platform.
2.4.1 - TUTOR.ONE (VEDAMO) shall receive commission for providing the TUTOR.ONE Platform.
2.4.2 - TUTOR.ONE (VEDAMO) shall receive commission for providing the TUTOR.ONE Platform.
2.4.3 - TUTOR.ONE (VEDAMO) shall not be responsible for:
2.4.4 - TUTOR.ONE (VEDAMO) is entitled to delete or remove (without notice to the Learner and/or the Tutor) any content at its own discretion, for any reason or no reason, including without limitation content that in the sole judgment of TUTOR.ONE (VEDAMO) violates the TUTOR.ONE Platform or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
2.4.5 - Notwithstanding the above, the liability of the TUTOR.ONE (VEDAMO) to the Learner and to the Tutor, or to any third party, for loss, damage, costs or expenses, for any reason and regardless of the form of the legal action pursued, regardless of whether the case concerns contractual or non-contractual liability, in the case of negligence or not, shall in all cases not exceed the payment received for the TUTOR.ONE Platform.
Providing the TUTOR.ONE Platform, TUTOR.ONE (VEDAMO) is acting as an on-demand intermediary connecting Learners and Tutors and providing the tools to facilitate the Tutoring Services. You acknowledge and agree that TUTOR.ONE (VEDAMO) is a technology services provider that does not provide online tutoring services or functions.
TUTOR.ONE (VEDAMO) does not serve as an employer of any Learner or Tutor unless separately subject to a signed, written employment contract signed by both the Learner or the Tutor and TUTOR.ONE (VEDAMO). Users may use the TUTOR.ONE Platform only for the provision and receipt of the tutoring services subject to these Terms. As such, TUTOR.ONE (VEDAMO) will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, workers' compensation insurance, social security, or payroll withholding tax in connection with the User's use of TUTOR.ONE Platform. The Learner and the Tutor are solely responsible for adhering to all applicable tax regulations that may apply in connection with their use of the TUTOR.ONE Platform. You hereby agree to compensate TUTOR.ONE (VEDAMO) for all state fees, claims, payments, fines, or other tax liabilities that TUTOR.ONE (VEDAMO) will incur in connection with the obligations arising from applicable tax or other regulations not being met by you.
In all cases of use of the TUTOR.ONE Platform, Learners and Tutors are acting as independent contractors and not as TUTOR.ONE's (VEDAMO's) or any other party's employee, agent, franchisee, or servant. Accordingly, you will be solely responsible for all costs incurred by you or your organization. You may not act as an employee, agent, or representative of TUTOR.ONE (VEDAMO) nor bind any contract on behalf of TUTOR.ONE (VEDAMO). Where, by implication of mandatory law or otherwise, you shall be deemed an employee of TUTOR.ONE (VEDAMO), you hereby agree to waive any claims against us that may arise as a result of a such implied employment relationship. No Learner or Tutor is entitled to participate in any TUTOR.ONE (VEDAMO) vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by TUTOR.ONE (VEDAMO) to its employees.
The TUTOR.ONE Platform provides connection to Tutors who are willing to be engaged by Learners as independent contractors. As independent contractors, each Tutor decides when and how often the Tutor will be available to provide the Tutoring Services to Learners. Each Tutor controls the methods, materials, content, and all aspects of the Tutoring Services. The TUTOR.ONE Platform allow Tutors to create subject-specific Tutoring Services, for a certain number of hours. Tutors may perform the tutoring services for others or do other types of work (either as an independent contractor or employee or other) while these Terms are in effect, including with TUTOR.ONE's (VEDAMO's) competitors if desired, provided that such other activities do not result in the Tutor's violation of the Terms.
Learners are responsible for selecting the Tutor suitable for their learning goals. Learners should check each Tutor's self-reported credentials, education, and experience, as well as reviews from other Learners. Each Tutor has the sole discretion to accept or decline a request for the tutoring services, as well as continue or discontinue a tutoring relationship with any Learner.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
The present Terms and all relationships between TUTOR.ONE (VEDAMO), Learners, and Tutors shall be interpreted under the laws of the State of Delaware, USA.
TUTOR.ONE (VEDAMO), Learners, and Tutors undertake to exchange all messages in English in writing with a recommendation letter or electronically via e-mails to the addresses specified in the account registration.
TUTOR.ONE (VEDAMO), Learners, and Tutors shall be duly informed in writing by the other if there is any change in the above circumstances. The absence of such notification will free TUTOR.ONE (VEDAMO), Learners, and Tutors of liability for inaccurate messaging under these Terms.
5.1.1 - All intellectual property rights (including the rights over trademarks, copyrights, databases, etc.) on the TUTOR.ONE Platform and its component parts (including, but not limited to, software, documentation, design, license codes, license files, and other materials, including any updates, amendments, and decisions reached in the course of work), or contained in or linked to websites of TUTOR.ONE (VEDAMO), are all exclusive property of VEDAMO.
5.1.2 - The Learner and the Tutor shall refrain from any act of reproduction, modification, adaptation, distribution, publication, transmission (electronically or otherwise), presentation, transfer to a server, dissemination by radio signal, and publishing of any material from the internet pages of TUTOR.ONE (VEDAMO) and/or related to the VEDAMO and TUTOR.ONE Platform, including text, graphics, compilations, computer programs, codes and/or software in any way or in any form without the explicit prior written consent of the TUTOR.ONE (VEDAMO).
5.1.3 - Unless there is explicit permission by TUTOR.ONE (VEDAMO), Learners and Tutors may not use and/or provide to third parties any text or program files of the products subject to these Terms for the purpose of software development or business or to take any other actions that violate or contribute to violating the intellectual property rights of TUTOR.ONE (VEDAMO).
5.2.1 - TUTOR.ONE (VEDAMO) acknowledges that all intellectual property rights on content created by the Tutor or any third party, that is exchanged and recorded by TUTOR.ONE (VEDAMO), belong to the authors and holders in accordance with the applicable law.
5.2.2 - If you believe that your intellectual property rights have been infringed, please submit your complaint to email@example.com. You may report all types of intellectual property claims, including, but not limited to, copyright, trademark, and patent claims. TUTOR.ONE (VEDAMO) shell responds quickly to the concerns of rights owners about any alleged infringement, and will terminate repeat infringers in appropriate circumstances.
5.2.3 - If you believe that any material infringe your copyright, you may request that they be removed. TUTOR.ONE (VEDAMO) may also at its sole discretion limit access to the TUTOR.ONE Platform and/or terminate the accounts of any Learners and Tutors who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5.3.1 - TUTOR.ONE (VEDAMO) is not responsible or liable for the conduct of Learners and Tutors or for views, opinions, and statements expressed in the Learner-generated/ Tutor-generated Content submitted for public display through the TUTOR.ONE (VEDAMO) website. We do not ex-ante screen information posted online. We are acting as a passive conduit for such distribution and may not be responsible for the Learner-generated/ Tutor-generated Content. Any opinions, advice, statements, services, offers, or other information in the Learner-generated/ Tutor-generated Content expressed or made available by Learners and Tutors are those of the respective author(s) or distributor(s) and not of TUTOR.ONE (VEDAMO). We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Learner-generated/ Tutor-generated Content. Learners and Tutors are responsible for ensuring that the Learner-generated/ Tutor-generated Content is not provided in violation of any copyright, trade secret, or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secrets, or other intellectual property rights, or any other harm resulting from your use, uploading, posting, or submission of the Learner-generated/ Tutor-generated Content.
5.3.2 - TUTOR.ONE (VEDAMO) has the right, but not the obligation, to randomly monitor, edit or remove any Learner-generated/ Tutor-generated Content at any time.
5.3.3 - Learner and Tutor have a personal, non-transferable, non-exclusive right to use the Learner-generated/ Tutor-generated Content subject to these Terms. The Content may contain typographical errors, other inadvertent errors, or inaccuracies. You may view, copy, download, and print the Learner-generated/ Tutor-generated Content, subject to the following conditions:
5.3.4 - Nothing containe or posted should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the TUTOR.ONE Platform or any Learner-generated/ Tutor-generated Content, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of the Learner-generated/ Tutor-generated Content.
5.3.5 - Learner and Tutor may not link or frame to any pages of TUTOR.ONE Platform website or any Learner-generated/ Tutor-generated Content contained therein, whether in whole or in part, without prior written consent from TUTOR.ONE (VEDAMO). Learner and Tutor may like or follow TUTOR.ONE Platform or share links to TUTOR.ONE website via social networking technology referenced on the website. Any rights not expressly granted herein are reserved.
You may provide suggestions, comments or other feedback to TUTOR.ONE (VEDAMO) with respect to TUTOR.ONE Platform ("Feedback"). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for TUTOR.ONE (VEDAMO) notwithstanding anything else. You shall, and hereby do, grant to TUTOR.ONE (VEDAMO) a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
You acknowledge and agree that TUTOR.ONE (VEDAMO) may calculate a composite rating based on comments and reviews left by other Users. Tutors agree to be rated by Learners along several criteria, as suggested by TUTOR.ONE (VEDAMO). Learners agree to be rated by Tutors along several criteria, as suggested by TUTOR.ONE (VEDAMO). TUTOR.ONE Platform provides rating system as a means through which Users can express their opinions publicly, and TUTOR.ONE (VEDAMO) does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to TUTOR.ONE's (VEDAMO's) attention. You may be held legally responsible for damages suffered by TUTOR.ONE (VEDAMO), Learners, and Tutors or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. TUTOR.ONE (VEDAMO) is not legally responsible for any feedback or comments posted by any Learners, and Tutors, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support.
Unless you otherwise indicate in writing, TUTOR.ONE (VEDAMO) will communicate with you by email, regular mail or by posting communications on the TUTOR.ONE website. You consent to receive communications from us electronically, and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when we send it to the email address you have provided to TUTOR.ONE Platform within your account or when we post such communication on the TUTOR.ONE website. You should keep your email address updated in your account and regularly check TUTOR.ONE website for postings. If you fail to respond to an email message from TUTOR.ONE (VEDAMO) regarding the violation, dispute, or complaint within 5 (five) business days, we will have the right to terminate or suspend your account. All notices to TUTOR.ONE (VEDAMO) intended to have a legal effect concerning these Terms must be in English in writing at firstname.lastname@example.org.
TUTOR.ONE (VEDAMO) may display advertisements on non-VEDAMO websites to promote the tutoring services Tutors provide and help Tutors generate more Learner leads.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by TUTOR.ONE (VEDAMO) of that third party or of any product or service provided by a third party. TUTOR.ONE (VEDAMO) does not endorse, warrant, or guarantee any product or service offered by any third party and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising caution and good judgment.
You shall indemnify, defend, and hold harmless TUTOR.ONE (VEDAMO), and its subsidiaries, affiliates, successors, assigns, partners, and respective officers, directors, employees, contractors, agents, and other legal representatives, from and against any and all claims, losses, damages, penalties, liabilities, costs, fees, or expenses, including reasonable attorneys' fees, of any kind or nature incurred or suffered by TUTOR.ONE (VEDAMO) arising out of, relating to, or resulting from these Terms or your use of TUTOR.ONE Platform to the fullest extent permitted by applicable law and regulation. This includes your breach of these Terms, improper or unlawful acts or omissions, violation of any third party right, including any intellectual property or privacy rights, or any injury or damage caused to a third party.
You further agree that you will cooperate as requested by TUTOR.ONE (VEDAMO) in defense of such claims. TUTOR.ONE (VEDAMO) reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification Learners and Tutors, and you shall not, in any event, settle any claim or matter on behalf of TUTOR.ONE (VEDAMO) without the written consent of TUTOR.ONE (VEDAMO).
In the event that you have a dispute with any Learner, Tutor and/ or third party, you hereby release TUTOR.ONE (VEDAMO) (and its officers, directors, agents, investors, subsidiaries, employees, contractors, and any other third parties related to the TUTOR.ONE Platform) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown, arising out of or in any way related with such disputes.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
To the maximum extent permitted by applicable law, in no event shall tutor.One (VEDAMO), or its subsidiaries, affiliates, successors, assigns, partners, and respective officers, directors, employees, contractors, agents, or other legal representatives, be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill use, or data or other intangible losses, that result from the use of, or inability to use, services or any other aspect of these terms. Under no circumstances will VEDAMO be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of services or your account or the information contained therein.
Learners and tutors acknowledge and agree that the essential purpose of this section is to allocate the risks under these terms between tutor.One (VEDAMO), learners, and tutors and limit their potential liability given the fees charged under these terms, which would have been substantially higher if tutor.One (VEDAMO) were to assume any further liability other than as set forth herein. Tutor.One (VEDAMO), learners, and tutors have relied on these limitations in determining whether to enter into these terms.
Use of the TUTOR.ONE Platform is entirely at your own risk. TUTOR.ONE (VEDAMO) disclaims all liability in connection with any interactions, correspondence, transactions, and other dealings that you have with any third parties, including without limitation Learners or Tutors found on or during using the TUTOR.ONE Platform (including on or via linked websites or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, services, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Under no circumstances will we be liable for any loss or damage caused by your reliance on the information in any content. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content.
The Learner and the Tutor understands and agrees that the Service is provided on an "as is" and "as available" basis and that TUTOR.ONE (VEDAMO) does not assume any responsibility for prompt or proper delivery, or retention of any Learner information or communications between Learners or between Learners and Tutors. TUTOR.ONE (VEDAMO) assumes no responsibility for the accuracy or existence of any communications between Learners or Learners and Tutors. TUTOR.ONE (VEDAMO) expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Any material downloaded or otherwise obtained is done at the Learner's and Tutor's own discretion and risk, and the Learner and the Tutor will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material.
In addition, notwithstanding any feature a Learner may use to expedite Tutor selection, each Learner is responsible for selecting their Tutor, and TUTOR.ONE (VEDAMO) does not warrant any goods or tutoring services purchased by a Learner and does not recommend any particular Tutor. TUTOR.ONE (VEDAMO) does not provide any warranties or guarantees regarding any Tutor's professional accreditation, registration, or license.
TUTOR.ONE (VEDAMO) expressly disclaims any liability or claims that may arise between Learners, and Tutors. You are solely responsible for your interactions with all other Learners and Tutors and any disputes that arise from those interactions with other Learners and Tutors. TUTOR.ONE (VEDAMO) is not obliged but may attempt to assist in resolving disputes between Learners and Tutors.
The information in TUTOR.ONE Platform shall be considered as confidential in relation to the execution of the TUTOR.ONE Platform and TUTOR.ONE (VEDAMO), Learners, and Tutors shall process such information in good faith, with TUTOR.ONE (VEDAMO), Learners, and Tutors obliged to keep such information in confidentiality and to refrain from actions that would breach or damage their reputation and interests.
The Learner or the Tutor will give their explicit consent that the TUTOR.ONE (VEDAMO) can process any data or information, including personal data supplied by the Learner or the Tutor, in a manner which it considers necessary for the purposes of the provision of the TUTOR.ONE Platform.
TUTOR.ONE (VEDAMO), Learners, and Tutors undertake and guarantee that all personal data of Learner or Tutor or third parties, subject to use by TUTOR.ONE (VEDAMO), will be processed only to the extent necessary to provide the TUTOR.ONE Platform and conduct online training, in accordance with the provisions of Data Protection legislation.
The Learner and the Tutor shall comply with all legal requirements in relation to the information provided or exchanged by it via TUTOR.ONE Platform. In particular, it is prohibited to exchange any information of a racist or pornographic nature, or containing hate speech, or of any nature that is contradictory to applicable law, morality, or decency.
You may not assign or otherwise transfer any of your rights or obligations hereunder, whether by merger, sale of assets, change of control, operation of law or otherwise, without the prior written consent of TUTOR.ONE (VEDAMO) (not to be unreasonably withheld), and any attempted assignment or transfer without such consent will be void. TUTOR.ONE (VEDAMO) may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. TUTOR.ONE (VEDAMO) may also substitute, by way of unilateral novation, effective upon notice to you, TUTOR.ONE (VEDAMO) for any third party that assumes our rights and obligations under these Terms.
TUTOR.ONE (VEDAMO) reserves the right to modify, supplement, or replace these Terms, effective upon posting on the Platform or notifying you otherwise. Your continued use of TUTOR.ONE Platform after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new terms. Except for changes made by TUTOR.ONE (VEDAMO) as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement bearing a written signature by TUTOR.ONE (VEDAMO) and you.
Each provision of these Terms is severable. If any provision of these Terms is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of these Terms or of that provision in any other jurisdiction.
The laws of the United States of America prohibit the transmission, export, and re-export of certain products, services, downloadable software, and data (technical data) to particular persons, territories, and foreign states. Nothing from the TUTOR.ONE Platform may be exported, in any way, in violation of United States law. The United States export control regulations prohibit U.S. businesses, such as TUTOR.ONE (VEDAMO), from offering services to users in specific sanctioned regions.
In order to comply with these regulations, it is not allowed for users in the following areas to access:
Depending on your exact location, you may encounter an IP or payment purchase block when attempting to enroll in or otherwise access the TUTOR.ONE Platform.
Without limitation, the TUTOR.ONE Platform may not be used to solicit for any other business, website, or service. You may not solicit, advertise for, or contact in any form Learners, and Tutors for employment, contracting, or any other purpose not related to the TUTOR.ONE Platform facilitated through TUTOR.ONE (VEDAMO) without express written permission from TUTOR.ONE (VEDAMO). You may not use the TUTOR.ONE Platform to collect usernames and/or email addresses of Learners and Tutors by electronic or other means without the express prior written consent of TUTOR.ONE (VEDAMO).
Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts, or labor disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
If a Learner or a Tutor have any questions regarding these Terms, the Learner or the Tutor may contact TUTOR.ONE (VEDAMO) directly on the Platform. TUTOR.ONE (VEDAMO) cannot guarantee receipt of any correspondence, including mail, messages, and emails, sent to TUTOR.ONE (VEDAMO); thus, receipt of any correspondence submitted to TUTOR.ONE (VEDAMO) is not confirmed until and unless Learner or Tutor receives a written email response from a TUTOR.ONE (VEDAMO) representative confirming such receipt. TUTOR.ONE (VEDAMO) is not liable for any correspondence that is lost, delayed, or misdirected.