TERMS OF USE

Welcome to the teachnlearn online tutoring community! You are an important part of this community in growing teachnlearn to be a safe and thriving marketplace.

To achieve that, we have set out some house rules and regulations “Rules” so that you can easily understand the Rules of engagement and boundaries. Please read this agreement carefully before using our platform and engaging our services.

By using teachnlearn or signing up for an account on our platform, you are agreeing to the terms set forth here.

DEFINITION

Tutors & Learners, Incorporated, also known as “teachnlearn” herein, and referred to either as “teachnlearn”, “Platform”, “Company”, “Team”, or “We” is an online tutoring marketplace offered through this URL https://us.teachnlearn.io/ (referred to as the “Website”), that allows you to register and be connected to Teachers and Students for the purpose of conducting online tutoring. As a User of the Platform or representative of an entity using the Platform, you will be referred to as “User” or “You” in this agreement. The “Terms” define the Terms of Use under which you are allowed to use the Platform. If you have any questions regarding this agreement, please do not hesitant to contact us at cs@teachnlearn.io.

ACCOUNT

Eligibility

In order to use teachnlearn, You are required to do the following:

  1. Complete the registration form,
  2. Provide true, complete and up-to-date contact information,
  3. Agree to the Terms of Use.

By using teachnlearn, You represent and warrant that all information provided above is accurate, You abide by all governing laws of the State of Delaware and the Federal laws of the United States, and You use the Platform with the highest ethical and moral standards.
teachnlearn may refuse service, close accounts of any Users, and change eligibility requirements at any time.

Terms

The Terms begin when you sign up for teachnlearn and continue as long as you are registered on the Platform. By setting up an account and providing all the requested information therein, you have undertaken to agree and comply with our Terms represented here. If you have signed up for teachnlearn on behalf of a company or other entity, you represent and warrant that you have the authority to accept the Term on their behalf.

Changes

We may change details in the Terms by providing an updated/revised Terms of Use on our Website and/ or by sending an email notification to User’s last email address within ten (10) days of change. Unless the User terminates his/her account in writing within ten (10) days, the new Terms will be effective immediately and apply to any continued or new User of teachnlearn. We may change the Website, the Platform, or any features of the Platform at any time.

Account Name and Password

You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to, whether or not you are authorized the use. You will immediately notify teachnlearn of any unauthorised use of your accounts. teachnlearn is not responsible for any losses due to stolen or hacked passwords. teachnlearn does not have access to your current password, and for security reasons, may only reset your password and notify you via email to change your password.

User must register with a valid personal email address that they access regularly so that notifications and emails can be sent to them. If a user registers with someone else’s email address, or with a temporary email addresses, then his registration may be terminated without notice. We may require Users to re-validate their registration if we believe they have been using an invalid email address. We reserve the right to terminate a registration if we cannot validate authenticity of the User.

Your account will be deactivated if left unused for six months. If a User wishes to re-activate his/her account, please write in to admin.usa@teachnlearn.io with the Account Name and Registered Email Address.

Account Disputes

teachnlearn is not privy to the inner workings of a user’s organization or the nature of their personal relationships, and will not arbitrate disputes over who owns an account. User shall not request access to or information about an account that is not theirs, and shall resolve any account-related disputes directly with the other party. teachnlearn determines ownership of an account based on the registered email associated with the account. In case of conflict, teachnlearn reserves the right to make the final decision on account ownership.

For Tutors

Upon your registration as a tutor with teachnlearn, you are required to inform us of the following, if you:

  • have a criminal record in the United States of America and/or any other country.
  • have been charged or convicted in a court of law in the United States of American and/or any other country.
  • have a history of nervous or medical conditions.
  • have been suspended, discharged or dismissed from the services of any employer for any reasons whatsoever.

If you have an incidence/ encounter with any of the above, please provide us with the details at registration by emailing us at cs@teachnlearn.io. All details will be kept strictly confidential. Omission or fraudulent declaration may result in:

  • immediate termination of teachnlearn’s agreement with the User as a registered tutor on the Platform; and/or
  • subsequent prosecution by relevant parties in a civil/criminal court of law in the State of Delaware and/or the Federal Courts of the United States.

Users are not allowed to advertise or promote any other website or business on our Platform. As a tutor using the Platform, you are expected to respect the partnership with teachnlearn. When you are approached by a User through teachnlearn, You are expected to use our services (online classroom, booking and payment portal, and customer services) within Your rights and/or obligations. If you are currently working with other online education platform or tuition agency, please inform teachnlearn via email at cs@teachnlearn.io. Strictly no agency listings without written permission from teachnlearn.

PAYMENT

Credit Cards

All active tutee accounts are required to use valid credit card information and authorise payments on the Platform to deduct tuition charges against the credit card.

Anyone using a credit card represents and warrants that they are authorised to use the credit card, and any/ all charges that may be billed to the credit card will not be rejected. If we are unable to process your credit card order, we will attempt to contact you via email to re-process credit card payment. If you remain uncontactable, the associated account will be suspended until payment is re-processed and approved.

teachnlearn uses Stripe as our online payment platform. User shall be subjected to the terms of payment, processing and credit cards related transactions. Please visit their link to find out more: https://stripe.com/us/privacy.

Refunds

Any refund requests must be submitted in writing to teachnlearn to cs@teachnlearn.io. Refund requests shall be reviewed by the Team on a case-by-case basis. Any approved refund payment will be credited to the User’s account within 10 business days.

Billing Changes

The Platform is an online marketplace for tutors to list their tutoring services, and students to purchase tutoring services. Tutors shall list their desired rates on a half (1/2) hourly basis. Do note that changes to listed rates can only be made after a 30-day period, unless with written approval from teachnlearn.

If a User is suspected to be compromising any Terms, applicable laws and regulations, and/ or falsely reporting lesson duration, teachnlearn will suspend the User’s account with immediate effect for an indefinite period. The User’s account may be reactivated once an investigation has been completed.

teachnlearn reserves the right to withhold any payable fees to facilitate investigations, and will only release payment to the tutor after the investigation is completed.

If a User is found to be have engaged in any fraudulent activities or provided inaccurate lesson information, teachnlearn reserves the right to demand reimbursement of paid lessons, and User shall be responsible for all chargebacks and/or refund requests for online lessons performed.

SATISFACTION PLEDGE

While we work to ensure that you are completely satisfied with our Service, we understand that you may have occasional unsatisfactory experience.

If you do have an unsatisfactory lesson, please let us know about your experience within 48 hours so that we may investigate and improve our service. To report an unsatisfactory lesson, you may communicate your issues to us via email with the following information:

  1. Date and time of lesson
  2. Reason for requested refund
  3. Have you discussed with Tutor/ Student and agreed to the issue?

If our review findings determine that your lesson did not meet the standard of quality, we will refund all or a portion of the fees back to you. Our decision will be final and binding.

RIGHTS & REPORTING

Proprietary Rights of Platform

User shall respect all teachnlearn proprietary rights and software of the Website including but not limited to patents, trademarks, service marks, trade secrets, and copyrights.

Right to Review Account

teachnlearn may view, edit, and internally distribute content from user’s account and create algorithms and programs (referred to as “Tools”) that will assist in the accuracy of matching tutors and students. Account information may be used to take action against Users who violate Terms or governing laws of in the State of Delaware.

If the User is unhappy with any Lesson, he must report his concerns to teachnlearn within 48 hours of the end of the Lesson. We shall then investigate the concerns and, if appropriate, arrange a refund. Our decision will be final and binding.

Rights to Recordings of Tutoring Sessions

teachnlearn shall have the sole ownership rights to all recordings made after the completion of all successful sessions conducted. All recordings will be stored in Our Platform server with authorized access for a period of 1 (one) year, after which the access of each recordings will be removed from the Platform. The purpose of the recording shall be for educational reviews, teaching evaluations and/or as evidence(s) for complaints initiated by either Users. All recordings are stored under strictest confidence, and can be assessed only by the Team, the Tutor and the Student (and/or their Parent with account links to the Student) who are the direct parties involved within the contents of recording.

Users who wish to delete any of the recording before the expiry of 1 year, can bring forward their request to the Team via written email at cs@teachnlearn.io.

Any Recordings shall not be retrieved and/or used by any unauthorized parties, for any unauthorized or illegal, immoral activities deemed detrimental to the Company, and/or to all Users registered with teachnlearn, past Users de-registered by teachnlearn, or any third parties protected by all rights according the local, state, and/or federal laws. If any violations of confidentially be alerted by the Team or reported by any Users, teachnlearn shall proceed with the investigation, and any Users found to infringe the privacy rights of any parties linked to these recordings, shall have their accounts terminated and relevant legal actions be taken against the said User as well as any third parties not registered with the Platform.

Reporting Abuse

If you suspect any User violating any Terms, please notify our Team immediately. If you are being harassed or spammed by another existing User, please report it to our Team immediately.

If a User fails to abide by all Terms and or disrupts any of our Services in any way, we may use available information we have of the User to stop any further such breaches, which may include suspension or termination of account. We may inform relevant third parties such as the police, your employer, school or email provider about the infringement. We reserve the right to take legal action against any User or any account, at our full discretion.

DISPUTE RESOLUTION AND ARBITRATION

If a dispute arises from or relates to this Terms or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration.

The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be governed by the laws of the State of Delaware.

In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings.

The award shall be made within 3 months of the filing of the notice of intention to arbitrate (demand), and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the parties. The standard provisions of the Commercial Rules shall apply. 

Arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys’ fees if a particular law permits them to do so. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness.  In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award.  Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired.  Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office.  Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.

LIABILITIES & DISCLAIMERS

Prohibited Activities

You shall not (nor cause any third party to) use the Website or the Platform to perform any illegal or immoral activities (including but not limiting to, defaming, abusing, harassing, stalking, threatening, or otherwise violating any legal rights – such as rights of privacy of others) or any of the following types of activities, without limitation to:

  • disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable material;
  • transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
  • that would constitute fraud;
  • transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • interfering with or disrupting the Website or the Platform;
  • disrupting the activities or enjoyment of the Website or the Platform for other Users;
  • collecting or storing personal data about other Users;
  • use of any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, Service or other data from the Website);
  • use of the Website to gain competitive intelligence about Company, the Website, or any product or service offered via the Website or Platform, or to otherwise compete with Company or its affiliates;
  • framing or otherwise simulating the appearance or functions of the Website or any portion thereof; or
  • harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.

You agree to abide by all applicable federal, state, or local laws, rules, or regulations, including any governmental agency guidelines, policies, or procedures, and are solely responsible for all acts or omissions taken by You including but not limiting to any of the User Content created or submitted by You.

Confidential Information

Users of the Platform may have access to ‘Confidential Information’ during their term of use with teachnlearn.

“Confidential Information” shall mean all information, in whole or in part, that is disclosed by teachnlearn, or any participant or User of Platform, or any employee, member, or agent thereof, that is non-public, confidential or proprietary in nature.

Confidential Information also includes current, future, and proposed information about the business, operations, trade secrets, know-how, technology, sales and marketing materials, services, products, employees, clients, financial information, or any knowledge gained through examination or observation of or access to the premises, computer systems and/ or software of teachnlearn.

User agrees to keep confidential all “Confidential Information” relating to the teachnlearn and the Platform in strictest confidence, and will use the same precautions, care and discretion to avoid misappropriation or other disclosure of Confidential information with reasonable care.

Liability Waiver

To the maximum extent permitted by law, User shall assume full responsibility for any loss that results from use of the Website and the Platform, including any downloads from the Website. Under no circumstances shall teachnlearn and/ or its contractual partners, any of its affiliates, shareholders, directors, employees, or subsidiaries be liable for any damages, whether direct, indirect, punitive, special, or consequential damages, arising out of or in any way resulting from negligence, even if teachnlearn and/ or its partners have been advised of the possibility of those damages.

Force Majeure

teachnlearn will not be held liable for any delays or failure in performance of any part of the Platform, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, and acts of hackers / third-party internet service providers.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, teachnlearn provides its services and products ‘As Is’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Indemnity Clause

Each member shall release and indemnify, save and hold harmless teachnlearn and all its subsidiaries, other Users, shareholders, directors, officers, employees, agents from any and all losses, damages, costs, fines, claims, actions, or proceedings of every kind and character which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from the actions of the user with the participation in or use of the Platform.

Governing Law

The Terms of Use at teachnlearn shall be governed in all respects by the Laws of the State of Delaware and the Federal Laws of the United States of America.

Last updated: April 17, 2020

By signing up for user account and submitting user profile information, I have agreed, read and accepted the teachnlearn Terms of Use.

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