Terms and Conditions
Through our Services, site and Software, we enable users to connect with tutors (Tutors) who provide live, one-to-one or one-to-many instructions, tutoring and learning services in our proprietary online classrooms (Tutoring Sessions). As part of the Services, we require all Tutors to pass a third-party verification service ("Verification Service"), which makes reasonable commercial efforts to confirm the validity of Tutors' claimed educational credentials. We do not control, and are not responsible for, any information provided by such Verification Service.
My-Tutor acts as a technology service that facilitates provision of Tutoring Sessions between users and Tutors and does not make decisions related to the provision of, or otherwise exercise control or supervision over, Tutoring Sessions or contents thereof. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the Verification Service or Tutors.
ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TUTORS OR ANY OTHER THIRD-PARTIES AND ANY PURCHASES OF LESSON SERVICES PROVIDED BY TUTORS ARE DONE AT THE USER'S RISK, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
My-Tutor is not responsible for the use or exchange of any information or files between Tutors and users. Further, My-Tutor does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Tutors or users.
Your use of the My-Tutor Websites or Services may involve the exchange of file attachments between you and a My-Tutor’s Tutor. My-Tutor is not responsible or liable for the content of such attachments, and such attachments may be viewed by other My-Tutor users, or by the general public. You acknowledge sole responsibility for and assume the risk arising from your downloading any such attachments and posting such attachments.
Account Registration, Termination and Cancellation
My-Tutor provides a variety of services, both online and offline, designed to improve the overall academic experience of learners. You may only have one My-Tutor account per user for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. 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, 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 user 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 My-Tutor immediately if you suspect any unauthorised use of your account or access to your password. My-Tutor has the right to terminate your account for any reason at our sole discretion without notice to you.
You may request cancellation of your account at any time throughout your use of our Services. To the fullest extent permissible under applicable law, your account will only be cancelled and closed after all transactions have been processed including payment of Services or the cashing of any refund check, if applicable. My-Tutor may cancel your account in its sole discretion for any reason, including but not limited to inactivity or misuse.
The Services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Services, receive messages or notifications from the Services, download applications to your mobile phone or access features from the Services (collectively, the "Mobile Features"). Data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
If you change or terminate your mobile account, you agree to promptly update your My-Tutor account information so that any messages or notices from My-Tutor regarding the Services are sent to you and not to the person who is assigned your old number.
For any of our mobile apps, you agree that the third-party store or platform through which our apps are available (including, without limitation, the Apple App Store and Android Play Store) is not liable to you in connection with our apps.
Email and Pop-up Notifications
Payments and Payment Processing
Validation: My-Tutor may require users of the Services to provide a valid method of payment (e.g., credit or debit card, EFT, etc.) tied to an account at a financial institution when they register for an account (to ensure users are able to make applicable payments to My-Tutor) or upon ordering products or services. If a method of payment is required, you are responsible for ensuring that a valid method of payment is associated with your My-Tutor account at all times (either the original method of payment or a replacement). To confirm your method of payment is valid, My-Tutor may initiate a "pending" charge on the account. This charge will not be confirmed and, therefore, you will not be charged and it will simply disappear from your financial statement (usually within seven days - check with your financial institution for additional information). Please be aware that this pending charge may be initiated each time you edit the payment information for your account or place an order that cannot be processed.
Other Policies: Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card's security code (e.g., CVC, CVV, CID). My-Tutor will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. My-Tutor may store your method of payment. My-Tutor reserves the right to place you into collections if you fail to timely pay for the products and services ordered through the Services; collections may be done by My-Tutor or a third-party on My-Tutor' behalf. You also agree that we may, at our discretion, send your account to a collection agency, and recover our reasonable costs of collection from you, if you fail to pay all fees due and owing to My-Tutor. For security reasons or to otherwise confirm a financial instrument or payment, My-Tutor may delay providing payments or services even if such delay impacts a guaranteed delivery date.
Modifications to the Service
The Services are owned and operated by My-Tutor. Unless otherwise explicitly specified by My-Tutor, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic and citation information, citation guides and icons as well as the selection, assembly and arrangement thereof and the "look and feel" of the Services (collectively, "My-Tutor Content"), are owned, controlled, or licensed by My-Tutor. The My-Tutor Content is protected from unauthorised use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. All rights in other publications included in the Services are reserved by the copyright owners of such materials. Portions of the bibliographic and citation content included in the Services are supplied by third-parties. Any unauthorised use of My-Tutor Content is prohibited. Any unauthorised use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
Your License to Use My-Tutor Content
User Content and Activities
When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline bibliographic and citation information comment, testimonial, feedback, message, image, video, text, profile data or other material ("User Content") to My-Tutor, any My-Tutor employee or contractor, or the My-Tutor Website, you grant My-Tutor and other entities or individuals authorised by My-Tutor, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.
You further agree that My-Tutor is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorise My-Tutor to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. To the fullest extent permitted by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
My-Tutor is not required to host, display, or distribute, and may remove at any time, any User Content. My-Tutor reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently.
Acceptable Use Policy
You are solely responsible for the User Content you submit, through or in connection with our Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload or otherwise provide User Content via the Services, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, My-Tutor may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.
Prohibited User Content includes, but is not limited to, material that My-Tutor determines:
Prohibited activities include, but is not limited to:
My-Tutor’ study material services are available merely as informational and study aids and should not be considered substitutes for applicable coursework, homework, class and lecture requirements, assignments and related materials. In using the Services, you specifically agree not to use, claim or submit as your own any portion of the materials. My-Tutor does not guarantee the accuracy or quality of answers or other study material that appear on the Services, some of which may be posted by other users. You further agree the Services may present information that is incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided or preferred by publishers of applicable problems or instructors of applicable courses.
Summaries, Notes and educational content
My-Tutor may permit users to upload content for the purpose of aiding others in the education and learning process. Users may not post content owned or created (except if it is in the public domain) by another person and hereby represent and warrant that: (i) each was created by the user and the user is the sole owner of all content posted to Services sites and all rights in such content (except for public domain content), including, without limitation, copyright and (ii) the posting of Content on or through the Services will not breach the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any third-party. Users agree to pay for all royalties, fees, and any other monies owing to any third-party for any content provided by you to the Services. Users of the Services agree to exclude from such content any documents, records or files made accessible to them by (a) your school, professor or other instructor, (b) any board of examination, (c) any author or publisher whose works have been used as part of studies or (d) any co-student.
In creating study related content, students must respect any intellectual property rights that others may have in content. All content posted on the Services must be independently created, transformative and non-derivative. It should not be a transcript or recording of another's independent efforts, nor should it copy from materials purchased from or created by others. It should go beyond simply summarising material covered in class or in written or recorded materials, but include information raised by students in or outside of class, an independent thought, analysis and commentary. Class notes, for example, must be substantially rewritten after class and include independent thought and analysis, research and information; notes that use a lecturer's words or that are not carefully reviewed, rethought and rewritten after class are not useful to or appreciated by students, and not permitted on the Services.
Schools may have their own policies that place restrictions on a student's ability to make commercial use of study materials, even otherwise lawful materials that the student has independently created. You are responsible for becoming familiar with such policies, abiding by them, and discontinuing the use of any Services if such use is contrary to your school policy or the instruction of your professor.
Disclaimer of Warranties
THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD-PARTY SITES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.
Discount Codes, Coupons, Loyalty Programs & Other Promotions
From time to time, My-Tutor may offer discounts, coupons, loyalty programs, contests or other promotional incentives. These incentives typically have their own specific rules, restrictions and limitations (e.g., limiting when, how often, and under what circumstances you may be eligible for the promotion). You are responsible for carefully reviewing and complying with these applicable rules, restrictions and limitations. You agree not to engage in any self-dealing, collusion, smurfing (defined as breaking large orders or sales transactions into multiple individual transactions for the purpose of obtaining multiple discounts or payments), or otherwise gaming or defrauding the system. By participating in such promotions, you agree to be bound by the applicable rules and restrictions, and that My-Tutor, in its sole discretion, may deny payment or benefits to the fullest extent permitted under applicable law (e.g., when it believes improper activity has occurred or when a code has expired). All promotions may expire at any time without notice to recipients.
You agree to indemnify, defend and hold harmless My-Tutor, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. My-Tutor reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with My-Tutor in asserting any available defenses.
We respect your privacy and will not transfer, rent or sell any contact information to any other party. Your personal information is confidential. We use your information only for providing and improving the Site.
If you have any questions or concerns regarding the My-Tutor Website or Services, please email us on email@example.com