TERMS & CONDITIONS
THIS TERMS AND CONDITIONS APPLIES TO MOBILE TUTORS INCORPORATED (INC.) WEBSITE AND, SERVICES AND TOOLS (COLLECTIVELY THE “PLATFORM”), REGARDLESS OF HOW YOU ACCESS OR USE ANY OF THEM.
MOBILE TUTORS RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DENY FURTHER OR CONTINUING ACCESS TO OUR SITE TO ANY VISITOR, INCLUDING, WITHOUT LIMITATION, ANY USER THAT HAS VIOLATED ANY ASPECT OF THE AGREEMENT.
All reference to the Mobile Tutors Inc., refers to Mobile Tutors, its staff, employees, sub-contractors, agents and representatives.
Users of Mobile Tutors are bound, as a condition of continued use of the Platform, to comply with the rules set out below. This is to ensure that the facilities are properly and safely used and that all Users have full advantage of them without interfering with the enjoyment of others.
Mobile Tutors reserves the right to update, modify or amend these Terms at any time, and any such updates, modifications or amendments will be binding on you. Because these Terms are binding upon you in connection with any use you make of the Site at any time, you should regularly check for changes before proceeding to use this Site.
The section headings used in these Terms are for reference purposes only and shall not be used in the interpretation of the meaning of these Terms.
Mobile Tutors is an establishment that provides personalized in-home and online tutoring services through professional Tutors to aid learning of its Users through its Platform. We are not regulated or registered under educational board and do not issue certificate after any learning process you may undergo through our platform or our staffs.
Definition of Terms
“Agreement” shall mean the entire documents and the contents herein. You agree to be bound by the provisions of this Agreement.
“User” shall mean any website visitor or individual who has registered on this website tutoring services.
“Tutoring Fees” means the fees a User pays for the tutoring services provided through this platform.
“Registration” shall mean an account creation process where you provide us with certain personal identifiable information for the purpose of receiving our tutoring services.
“The Service” Shall mean the tutoring services and such other services provided through this platform.
“Tutoring Plan” shall mean the prepaid tutoring hours which a User has purchased, whether the User has requested an in-home or online tutoring services. The Tutoring plan we offer includes Pay As You Go, 6-hour, 12-hour and 40-hour Tutoring Plans and any other similar prepaid plan that entitles the User to tutoring hours that Mobile Tutors may introduce from time to time. All Tutoring Plans remain subject to change, including with respect to the number of pre-paid tutoring hours attributable to a Tutoring Plan and/or the cost of a Tutoring Plan from time to time in Mobile Tutors’ discretion.
“Third Party Payment Processor” Shall mean third party entities that process payments on our behalf.
“Trademarks” shall mean any mark, signs of Mobile Tutors as may be displayed on any part of this platform.
“Platform Contents” shall mean all the text, graphics, images, software, audio, video, information or other files or materials.
You must be at least 18 years of age to access and use the Service. If you’re not up to 18 years old, you understand that the guidance of your parent/legal guardian is required to use this service. You understand that any use of the Service is void where prohibited. By accessing and using the Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms of this Agreement.
PLEASE NOTE – IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, YOU ARE STRICTLY PROHIBITED FROM ACCESSING OUR SERVICES AND PROVIDING ANY PERSONAL INFORMATION TO US THROUGH OUR SERVICES. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM USERS UNDER THE AGE OF THIRTEEN YEARS.
BY CONTINUING TO USE THE SERVICES YOU REPRESENT AND WARRANT TO THE COMPANY THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND YOU AGREE TO BE BOUND BY THEM.
Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the Canada, you are responsible for complying with the International, Federal, National and State laws and regulations of the territory from which you access or use the Platform or Service. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
Mobile Tutors acts as facilitator of the services provided by a Tutor to Users of this website, Users are responsible for their safety at all times and are advised to exercise caution when inviting a Tutor to a home, apartment, condo or any private setting. NEITHER COMPANY, ITS AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS SHALL BE LIABLE FOR THE CONDUCT, WHETHER ONLINE NOR OFFLINE, OF ANY USER OF THE SERVICES AND YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
Interaction With Users
You are solely responsible for your use of this Website and interaction with Users. We have no control or responsibility for your use of this Website or any interaction with Users. You agree that you will comply with all applicable federal, provincial and local laws and regulations regarding your use of this website and your interaction with Users.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us and our affiliates from any and all liability, loss or damages that may arise in connection with this Service. We do not verify the identity of users on this platform and we encourage you to use common sense when dealing with any person or entity online or offline.
If there is a dispute between users on this site, or between users and any third party, you agree that Mobile Tutors is under no obligation to get involved. In the event that you have a dispute with one or more other users, you release Mobile Tutors, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Before recruiting Tutors, we take out time to interview them, verify their Identity by requesting for valid government issued ID, verify their credentials to be sure they’re qualified to provide Tutoring services, conduct background check, and qualifications before they’re allowed to join our Team of qualified Tutors. Only verified Tutors are matched with Users who may request an in-home training or online tutoring service. We expressly state that all our Tutors are verified and will carry out the tutoring services in the best manner possible.
If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information.
During registration, you will create a user name and password (an “Account”), which may permit you access to certain areas of the Platform not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to notify us immediately about any breach of security or unauthorized use of your Account.
To subscribe to any of our in-home and online tutoring services, you’ll be required to go through a registration process. You can register by using your email and creating a password. If you’re already registered, you’ll be required to log in to access the service.
You will be charged through our third party payment service providers as made available on our website for the services you receive.You will be charged on a Pay As You Go basis or you can pre-pay for one of our Tutoring Plans for the tutoring service we provide.
All payments will be made prior to the commencement of our tutoring service to you. All hours purchased as part of our Tutoring Plans for tutoring are valid for 1 year (12 months) from the date of purchase. Fees for tutorials are pre-paid in full at registration and pre-paid tutoring hours are valid for up to 12 months. Any unused sessions or plan credits may be used during this time period. No refunds will be given for unused sessions remaining after the 12 months period. Also, there will be no tutoring fees refund after 4.5 hours of tutoring or 3 tutoring sessions whichever comes first for all tutoring plans.
MT Tutor Satisfaction Guarantee
Mobile Tutors understands that all students learn in different capacities. In case you are not completely satisfied after your first tutoring session, we will provide you with a free Tutor Session for that particular tutoring session with a new tutor. You must call or email us within 48 hours of completing your initial tutoring session and we’ll help connect you with a new tutor. If your free additional tutoring session is also unsatisfactory, let us know before booking any further Tutor Sessions and we will provide a full refund for any unused tutoring hours in Tutoring Plan.
Cancellations, Rescheduling, No-show
Users understand that:
- A scheduled in-home or online tutoring session can be canceled without a charge ONLY if a 24-hour prior notice is given unless it is a family emergency or due to illness.
- Scheduled in-home or online tutoring sessions canceled without a 24-hour notice will be charged the full amount of the tutorial. In the event of illness, at least 3 hours’ prior notice is required in order for a scheduled tutorial to be rescheduled to a later date. Less than 3 hours’ notice may result in the full amount of the tutorial being charged by the tutor.
- Canceled appointments can be rescheduled with the tutor can be rescheduled with the tutor at a mutually agreeable date.
- If a student does not show up for an in-home or Online Lesson and does not notify the Tutor or Mobile Tutors, the client will not be entitled to a refund in whole or in part under any circumstances.
- At ALL times during tutoring sessions, there MUST BE at least one (1) parent, legal guardian, or adult over the age of 18, present during the entire tutoring in-home or in-person session, regardless of the time and location of the session. This clause does not apply for tutoring sessions taking place via Mobile Tutors virtual classroom.
- If a Mobile Tutor arrives at the session and a parent or legal guardian is not present, the tutorial will not begin. If the parent/guardian/adult does not arrive within 15 minutes after the start of the scheduled appointment, the Mobile Tutor has the express authority under this agreement to leave the location, terminate the tutorial and charge the client for the full amount of the tutorial.
- If at any point during a scheduled tutoring session a parent/guardian/adult leaves the private residence (or neutral location), the tutor has the discretion to terminate the tutoring session and charge the client for the full duration of the tutorial.
- Any and all tutoring sessions that occur at a private residence must take place in an open room such as a family room, living room, or kitchen only. No closed door tutoring under any circumstances. This policy applies regardless of the student’s age.
- Tutor will not personally collect or accept any payment for tutoring services.
- Please allow +/- 10 minutes for the Tutor to arrive at the tutoring location.
- The client will communicate directly with the Tutor for scheduling and rescheduling tutoring sessions.
Access and Use
Access to the Platform including, without limitation, the Platform Content is provided for your information and personal, non-commercial use only. When using the platform, you agree to comply with all applicable laws and regulatory provisions including, without limitation, copyright law. Except as expressly permitted in these Agreement, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Platform Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner.
Furthermore, except as expressly permitted in this Agreement, you may not:
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Platform or Platform Content;
- circumvent, disable or otherwise interfere with security-related features of the Platform including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Platform or Platform Content.
- use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Platform or Platform Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Platform Content from the Platform for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Platform Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time.
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information.
- forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason.
- collect or harvest any personally identifiable information from the Platform including, without limitation, user names, passwords, email addresses.
- solicit other users to join or become Users of any commercial online service or other organization without our prior written approval;
- attempt to or interfere with the proper working of the Platform or impair, overburden, or disable the same.
- decompile, reverse engineer, or disassemble any portion of the Platform.
- use network-monitoring software to determine the architecture of or extract usage data from the Platform.
- encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account (as “Account” is defined below without permission, etc.)
- affect us adversely or reflect negatively on us, the Platform, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Platform, or from advertising, linking or becoming a supplier to us in connection with the Platform.
- Engage in any conduct that restricts or inhibits any other user from using or enjoying the Platform.
Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of this Agreement.
Intellectual Property Rights
The trademarks of Mobile Tutors are proprietary to Mobile Tutors and may not be used by you for any reasons other than as expressly permitted by these terms. All Platform content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Mobile Tutors.
Any other use of materials on the Platform, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Mobile Tutors, is strictly prohibited.
You acknowledge that Mobile Tutors and/or third-party content providers remain the owners of all Platform materials and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with this Agreement. Mobile Tutors may discontinue or remove the Platform, or any portion thereof, or discontinue your right to use the Platform, or any portion thereof, at any time.
As between you and Mobile Tutors, you own all content that you submit to Mobile Tutors. You grant Mobile Tutors and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Mobile Tutors’ services permission to view your content for their personal, non-commercial purposes.
Wireless Marketing Services and Promotional Opportunities
Under no circumstances will we be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.
You understand, acknowledge and agree that we may, in our sole discretion and without liability to any user, terminate the offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of terminations or changes in services on this Platform.
Platform Content & Third Party Links
We provide the Platform including, without limitation, Platform Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Platform for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Platform Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Platform Content.
The Platform may contain links to other Platforms maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party Platforms. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Platforms or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their Platform.
You agree to indemnify and hold harmless the Platform, us, and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Platform; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Agreement; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defence of any claim that is the subject of your obligations hereunder.
Limitation On Liability
UNDER NO CIRCUMSTANCES SHALL THE PLATFORM, US, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, MISLEADING INFORMATION, NON PROGRESSION, UNRELIABILITY, INACCURACY, ANY LOSS OR CORRUPTION OF DATA, (III) ANY LOSS OF PROFIT, REVENUE OR GOODWILL, OR (IV) ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS ARISING (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE PLATFORM OR THESE AGREEMENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM INCLUDING, WITHOUT LIMITATION, THE PLATFORM CONTENT IS TO STOP USING THE PLATFORM. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE PLATFORM OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE PLATFORM OR ANY LINKS ON THE PLATFORM. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE PLATFORM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE PLATFORM, US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY THE ABOVE LISTED PARTIES DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE PLATFORM OR this AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Platform for any reason including platform misuse, miss-payment, negative attitude, aggressive, bullying, offensive, threatening, fraudulent acts, without limitation or if you have failed to comply with the terms of this Agreement in any way. You agree that the Platform, we, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Platform.
Any suspension or termination shall not affect your obligations to us under this Agreement. The provisions of these Agreement which by their nature should survive the suspension or termination of your Account or these Agreement shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions set forth below.
Choice Of Law; Jurisdiction and Venue
This Agreement shall be construed in accordance with the laws of the province of Alberta. Any legal proceedings against the Platform, us, our officers, directors, employees, contractors, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or related companies that may arise out of, relate to, or be in any way connected with our Platform or this Agreement shall be brought exclusively in courts in the Canada; and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of this Agreement is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
You may not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign this Agreement or any rights hereunder without your consent and without notice.
For more information or questions about your use of our Platform, please contact us at [email protected] or you can contact us at:
Mobile Tutors Inc.
21848 95a Ave NW,
Edmonton, Alberta, Canada.
E-mail: [email protected]