TutorEye, Inc. ("TutorEye", "our", "us" or "we") provides TutorEye, an online platform that connects tutors with individuals seeking tutoring services and other services related thereto (collectively, the "Services") through our website, accessible at www.TutorEye.com (the "Site"). The Services include the ability for Users and Tutors (each as defined below) to interact via the TutorEye platform's interface or other methods as may be made available by TutorEye from time to time.
"Community forum" ("Forum", "Community") means a Service given by the TutorEye to its Users to collaborate, share ideas and help each other with regard to educational and ancillary issues.
"Content" means text, graphics, images, software, audio, video, information or other materials.
"Free Trial/Intro Session" means half an hour free session, allowing Students and Tutors to get to know each other for better delivering of Tutoring Services;
"Services" means all those Services provided through its Website by TutorEye. These Services do not include Tutoring Services as TutorEye has clearly distinct and separate Services from that of Tutors.
"Sessions" ("Tutoring Sessions") means any period of time during which a Tutor is interacting with a Student via TutorEye designated communication system from time to time including but not limited to instant video connection through the Platform.
"Student" means any User of the Tutoring and other Services, it also include anyone who book or schedule Tutoring Services or lesson on behalf of Student.
"Tutor" means a Tutoring Service provider accessible via the Platform and the one who signed up and accepted Tutors Terms of Services.
"Tutoring Services" ("lesson", "tuition") means any Tutoring Services a Student may receive from a Tutor on the Platform TutorEye.
"User" ("you", "your") means Students, Tutors, Moderators or anyone visiting the Website for any purpose including but not limited to using Community Forum of the TutorEye for educational purposes.
"User Content" means any Content that a User of the Service has uploaded, published, or submitted to or through the Servers, Websites or other areas of the Service in connection with the Tutoring Services or otherwise, including but not limited to questions and related answers.
"Websites" are the Websites and Services available from the domain(s) and sub domain(s) of the TutorEye from which TutorEye may offer the Services.
These Terms of Services shall apply to every User who either joined TutorEye for the purpose of online Tutoring and/or using the Community forum for educational purposes.
Accepting of these Terms of Services shall mean that you also accept that: TutorEye may at any time change or modify these Terms of Services. We will notify for any changes through email to our Users (at the email addresses they entered during the registration process, however, we don't accept any liability for any such notification therefore we advise you to read our Terms of Services available on our Website on regular basis. your continued use of any portion of the Website following the modification of the updated terms of Services will constitute your acceptance of the changes. By accepting these Terms of Services you agree that you remain bound by these Terms of Services.
You are eligible to use the Services of TutorEye if you are a Student seeking Tutoring Services online and you are aged 16 or over however, if you are between the ages of 16 and the age of majority (depends on where you live), you must review these Terms of Services with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. Also, ensure that all information you provide to register an account on the Website must be accurate and complete.
TutorEye is concerned about the safety and privacy of all its Users, particularly children. For this reason, parents or teachers who wish to allow their children or pupils access to the TutorEye Services should assist them in setting up any relevant accounts and supervise their access to the Services. By allowing your child access to the Services, he/she may be able to access various Services including Community forums. TutorEye does not pre-screen content posted to Community forum of the Website and, as the legal guardian, it is therefore your responsibility to determine whether any of the Services and/or content are appropriate for your child or pupil.
You are not authorized to use the Services of TutorEye if you previously had registered account(s) suspended or closed by TutorEye.
A User registered on the Website must not use the Services with more than one account.
You are solely responsible for keeping the confidentiality of your account and of Username and password of the account registered with TutorEye. You must not give your username and password to any other person for any reason whatsoever.
By registering your account with TutorEye, you agree that you will not sell or share or otherwise transfer your account or any other rights to anyone else.
You, being User at TutorEye must notify immediately if you suspect any unauthorized use of your account or access to your password.
TutorEye has the right to terminate or close your account for any reason at its sole discretion without any notice and without any liability.
You agree to promptly update your Account information with any new information that may affect the operation of your Account; and authorize TutorEye, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services.
You may cancel your account any time without intimating TutorEye in advance of the same provided that you are not liable for any payment to your Tutor or to the Platform, otherwise, you may be held liable for financial charges in a lawsuit by the Platform. TutorEye may cancel your account in its sole discretion for any reason, including but not limited to inactivity or misuse. Even if your account in cancelled, your photos, comments, likes, friendships, and any other data you have shared via the Services may persist within the Service after cancellation of your account
By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for a US company to do business. TutorEye operates the Services in the United States.
TutorEye grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to view the Content available on the Website of TutorEye. You may only use the Services for your own personal use. You agree not to view, copy, or procure content or information from the Services 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 from the TutorEye Content unless formally authorized by TutorEye under separate written agreement.
As discussed above, no materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Our prior written permission or as expressly provided in these Terms of Services. When you download or use the TutorEye Content as authorized by these Terms of Services, you must:
Keep intact all copyright and other proprietary notices.
Make no modifications to the TutorEye Content; and You are not authorized to use the Services of TutorEye if you previously had registered account(s) suspended or closed by TutorEye.
Not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, nor allow or assist any third party (whether or not for your benefit) to do so.
All rights not expressly granted herein are reserved.
You are solely responsible for the content you submit through or in connection with TutorEye Services including but not limited to our Community Forum Services. You must abide by the following rules, as TutorEye may terminate the responsible accounts in addition to removing any unsuitable or prohibited content you put on its Website, and/or immediately report such activities to law enforcement authorities as appropriate. Prohibited User Content may include but not limited to Content that we may determine as:
Patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual.
Harassing or advocates harassment of another person.
It is exploiting or may exploits people in a sexual or violent manner;
It contains nudity, violence, or offensive subject matter or contains a link to an adult Website.
Content possess information that poses or creates a privacy or security risk to any person.
It constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
It constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work.
It involves the transmission of junk mail, chain letters, or unsolicited mass mailing, instant messaging, or spamming.
It contains restricted or password only access pages or hidden pages or images.
It furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities.
It solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users
It involves commercial activities and/or sales without prior written consent from TutorEye such as contests, sweepstakes, barter, advertising, or pyramid schemes.
Includes a photograph or video of another person that you have posted without that person's consent.
It violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
You must treat all of your Tutors with respect and refrain from using any abusive language or passing any remarks which may be classified as racist, homophobic, sexist or defamatory at all times.
By accepting these terms of Services, you undertake and agree that you will never share your personal contact details with any Tutor or to request any personal contact details from any Tutor. This includes without limitation [Skype] (or other online video call or chat software or web app) Username, telephone number, email address, home address or Facebook (or other social or professional networking account) Username. In the event that you request any such information, TutorEye shall be permitted in its sole and absolute discretion to block your access from its Platform and prevent you from acting as a Student and may take any such further action as it deems appropriate. You undertake and agree not to attempt to, or to actually, contact any Tutor other than through the Website or Platform.
You undertake and agree not to request the bank account, PayPal or card details of any Tutor. You acknowledge that it constitutes a material breach of these Terms of Service to attempt to circumvent TutorEye by paying Tutor outside of the Platform.
Your prohibited also activities include the following without limitation if you:
Upload, post, e-mail or otherwise send or transmit any material on or through the Website, that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website;
Circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of our Services;
Attempt to gain access to secured portions of the Website to which you do not possess access rights;
Impersonate any other person while using the Website;
Conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
Resell or export the software associated with the Website;
Modify, copy, distribute, download, scrap or transmit in any form or by any means, in whole or in part, any content from the Services;
Cover or obscure the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any of our page via HTML/CSS or any other means;
Use the Website to generate unsolicited advertisements or spam;
Carry out any automated use of the Services, such as, but not limited to, using scripts to send messages or posts;
Use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website;
Interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, or creating any undue burden on the Website or Services including these Terms of Service.
TutorEye reserves the right to change, supplement, discontinue or update any of its Service at any time. TutorEye may also change or impose fees for Services provided through the Website at any time in its sole discretion. TutorEye may establish or change, at any time, general practices and limits concerning other its Services in its sole discretion. As we continuously update our Services; therefore, we accept no liability if these changes are not immediately reflected in the Terms of Services.
TutorEye Platform may offer features and Services that are available to you via your mobile phone or other mobile device. These features and Services may include, without limitation, the ability to upload content to the TutorEye Platform, receive messages from the TutorEye Platforms, download applications to your mobile phone or access TutorEye Platform's features (collectively, the "Mobile Features"). We may charge for Mobile Features. Also, standard messaging, data and other fees may be charged by your 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. This is your responsibility to keep the privacy of your mobile phone device(s). You are solely responsible for updating your new number to your TutorEye's account in case you change your mobile number, otherwise, any private information may be sent to your old number, which may be read by someone not you.
All of the Tutors we take on board have to go through various quality checks but their inclusion in our Tutors list do not constitute a representation or warranty by TutorEye that such Tutors are of good moral character and are suitable and qualified to provide the Tuition Services which they provide through the Platform. Tutors at TutorEye are all self-employed. They are not employed or engaged by TutorEye and are not the responsibility of TutorEye.
We may from time to time offer free trials for some of our Services. Such trials may require you to register with a valid credit card to commence. Users that sign up for a free trial membership at a particular level will be automatically renewed at the promoted membership rate for that level at the end of the trial period unless the user cancels the membership at least before the end of the trial, unless the terms of the offer explicitly state otherwise. You can cancel a free trial online on the Services or by contacting TutorEye's customer support. After cancellation of a free trial, you can continue as a Free Member with reduced benefits or access. Only one free trial membership is allowed per person. Subsequent registrations do not qualify for free trials. Unless the terms of a promotion state otherwise, for promotions that include "free" periods with "paid" periods, paid periods will elapse first. We may introduce new or additional features, services or materials to the Services which may be a part of, or priced separately from, existing levels of membership at our sole discretion.
To maintain the quality standard of the Platform, we encourage our Students to give feedback on the Tutoring Sessions by ranking them, as their ranking may help other Students to choose from a wide list of Tutors and being able to evaluate each Tutor based on a strict quality ranking system we have chosen.
It is the choice of Students to give ranking to the Tutors and the Platform accepts no liability of the same, however, we advice all Students to give their honest and fair opinion to help other Students to evaluate Tutors in advance
TutorEye may decline to publish a ranking where we consider in our sole and absolute discretion that the ranking made is unfair, inaccurate or otherwise result of some dispute between Tutor and Student.
In the event that a Student wishes to cancel a Tutoring Session, he/she must notify to the Tutor at least two hours before the set appointment time. If two hours notice is not served, he/she will be charged with 15mins of session time.
In the event that a Tutor wishes to cancel a Session, the Tutor must notify the Student at least two hours before the set appointment time. If two hours notice is not served, the Tutor will be automatically given bad review. If it happens on a consistent basis, Admin will take action accordingly.
You can only ask for refund only, when the Tutor was not available on the Platform's Website during the time of appointment or could not complete the Tutoring Session for any reason.
However, in case of Tutor's absent from the Platform during the set appointment time or in case of in-completion of Tutoring Session by the Tutor, the Student will be entitled to a refund unless Tutor asks Student to set another appointment time for the Session and Student agrees for the same. This way both parties can resolve the issue internally without going into any complaint procedure, but the next Tutoring Session must be scheduled within the next 7 days, otherwise, the Platform will transfer the payment to the Tutor.
You can ask for a refund of fee within 72 hours of such Tu toring Session you are claiming about. You will just need to provide details of the session and Immediate credit back will be given. Student Admin will track such students and review sessions. Tutor will not be paid for session whose refund was granted.
Such a decision will be unquestioned and both parties must accept it, by accepting these terms of Services you also agree to the same.
Booked Tutoring Session is for a particular Tutor; In no case you can transfer your booked Tutoring Session to any other Student;
In the event that a scheduled Tutoring Session cannot take place due to a failure in the Website or some other matter the responsibility of TutorEye, the Tutor and the Student may agree to postpone the Session and undertake the relevant Tutoring Session at a mutually convenient time.
TutorEye may require Users of the Services to provide a valid credit or debit card tied to an account at a financial institution when they register for an account (to ensure Users are able to make applicable payments to TutorEye) or upon ordering Tutoring Services. If a payment through card is required, you are responsible for ensuring that a valid credit or debit card is associated with your TutorEye account at all times (either the original card or a replacement).
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). TutorEye will make reasonable efforts to process your transactions in a timely manner, but we make no guarantee regarding the processing time for charges.
All financial transactions will be processed in US Dollars. However, the Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject TutorEye to any registration requirement within such jurisdiction or country.
TutorEye reserve the right to amend the Service charges/fee from time to time without giving any prior notice.
Purchase, Payment, Recurring Monthly
Billing When you select an online tutoring plan, we immediately charge your credit card and put into your account the number of minutes that correspond to your online tutoring plan. On the same day of each month, until you tell us otherwise, we charge your monthly fee to your credit card and refill your account with the number of minutes that correspond to your online tutoring plan. When you finish a tutoring session, we deduct the time you spent with the tutor from your account balance.
Please note that in months with fewer than 31 days, we charge your card on the last day of the month if your numerical billing date does not occur. (For example, if you sign up for an online tutoring plan on January 31, we would bill your card again on February 28. In future months, we would continue billing your card on the 28th.)
The minutes we place in your account each month remain in your account until you use them in a session with one of our tutors, or until you cancel your online tutoring plan. Any used minutes from one month to the next will be removed. If you cancel your online tutoring plan, we remove your unused minutes from your account at what would have been your next billing date.
While enrolled in an online tutoring plan, you may also purchase single hours at a fixed rate without upgrading or downgrading your plan, or changing your billing date. If you choose to purchase a single hour, we immediately charge your credit card and add 60 minutes to your account.
TutorEye has the Community forum to allow all Students Globally to share educational issues and collaborate free of cost, provided that they remain bound by the terms of Services of TutorEye.
By accepting these terms of Services you also agree that you will remain bound with Guidelines given below in respect of your behavior at the Community forum.
In addition to the terms, related to prohibited activities and content permissibility, applicable on a User of the Website TutorEye, we have outlined guidelines for General behavior, which every Community User must obey. At TutorEye Community, we expect discussion to be courteous even when disagreement may be vigorous. When writing your messages, please use the same courtesy that you would show when speaking face to face with someone. Flames, insults, and personal attacks will not be tolerated. It's fine to disagree with opinions, ideas, and facts, but always with respect for the other person. Also, note that messages express the thoughts of the writers, not the Community, its Owners/Admins, Experts, or Community Reps. Visitors who post discourteous messages will be warned and repeated violation of the rules will cause the removal of such User from the Platform.
We have the sole authority to remove any post, which we believe does not meet our general behavior guidelines.
Posts are editable for a brief period following posting to allow correction of spelling errors, formatting, etc. After that, members may not edit their own posts. This prevents one member from editing an earlier post in a thread, rendering comments by others irrelevant or seemingly inaccurate. Similarly, we cannot delete posts upon request. Doing so would destroy the integrity of our archive and consume a huge amount of manpower. Therefore, please do not post personal data or other information that could prove to be a problem later.
TutorEye Incorporated and/or its licensor(s) are the sole owners of the Website. The Brand and the Website are protected by US and International copyright and other intellectual property laws. We permit you to use the Materials for non-commercial use only and we grant you a limited license solely for that purpose. This means that you may not sell, license, modify, copy, distribute or transmit the Materials (or any part of them) or any material provided through the Website or as a part of the Services for any commercial purpose or for any other reason without TutorEye prior written consent of the same;
Any unauthorized use of the Material will result in the automatic termination of the limited license granted by us. TutorEye reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of the Materials.
Material provided by the Tutor including but not limited to any model, concept, text or any other Tutoring tool solely belong to the Tutor. The Tutor gives Students the limited and revocable rights to use such material solely for educational purposes. Without limitation you may not distribute, copy, sell or otherwise use any such material without the prior written consent of the Tutor.
TutorEye records every Session to enable you to revise, however, you are not permitted to record any Tutoring Session under any circumstances. Any recording of any Tutoring Session shall belong to TutorEye and shall not be transferred or sold or reproduced for any reason without the prior written consent of TutorEye.
TutorEye and its graphics, logos, icons and Service names related to the Website are registered and unregistered trademarks or trade dress of TutorEye, they may not be used without prior written permission of the TutorEye;
All other trademarks not owned by TutorEye that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by TutorEye.
TutorEye does not guarantee the uninterrupted operation and availability of the Website. From time to time, the Website may be unavailable for any number of reasons including without limitation:
The performance of scheduled maintenance including on servers and data lines;
The performance of emergency unscheduled maintenance and/or repairs including on servers and data lines;
A failure by or error in respect of any Service provider including without limitation any server or data line;
An attack on the security or system integrity of the Website including any denial of Service attack; and
The introduction or presence of any virus or malicious code in the pages that make up or are accessible from the Website;
TutorEye shall not be liable for and specifically disclaims any liability in respect of any claims, costs, losses or damages suffered as a result of any suspension or interruption to the Website howsoever caused.
TutorEye continually tries to keep all information secure from unauthorized access by using SSL encryption on sensitive data. However, transmission over the Internet cannot be guaranteed to be 100% secure, so any information you submit is done so at your own risk.
Whilst we have implemented commercially reasonable technical and organizational measures to secure your personal information from unauthorized use, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. By accepting these terms of Services you acknowledge that you provide your personal information at your own risk.
TutorEye operates in US and we make no representations or warranties that the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable;
We provide this Website on an "as is" basis without any conditions and make no representations or warranties of any kind with respect to this Website or the content contained on it (including any text, graphics, advertisements, links or other item). Accordingly to the maximum extent permitted by law we exclude all representations and warranties. We also make no warranty as to freedom from viruses of the content contained on this Website;
TutorEye assumes no liability or responsibility for any errors or omissions on the Website; any losses or damages arising from the use of the Website and/or the Services; or any harm to your reputation or losses resulting from any disclosure of information about you by us as permitted in these Terms of Service. We reserve the right to deliver the Website and the Services in our sole and absolute discretion;
In no event shall TutorEye, its shareholders, directors, officers, employees, Moderators or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the Services or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage;
TutorEye does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of TutorEye. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law;
From time to time you may use or access Services, promotions and Websites of third parties. In using or accessing third party Services, promotions and Websites, you agree to be bound by the terms of Service of such third parties governing their Services, promotions and Websites and hereby acknowledge that we shall not be responsible for the provision of Services, accuracy of promotions or content of Websites belonging or operated by third parties;
TutorEye specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website;
Use of a Tutoring Service is no guarantee of a certain result neither any Tutor makes any such claim that a Student using Services will reach a particular standard or pass any examination. By using the Website and any Tutor, you irrevocably disclaim any claim you may have against such Tutor in respect of the quality of Tutoring provided by the Tutor and/or the content, format, method or other approach to any Tutoring Session provided by such Tutor.
You agree to indemnify and hold TutorEye and each of its respective shareholders, directors, officers, employees, Moderators, Mentors, agents and partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your breach of these Terms of Service and/or your violation of any law or the rights of any third party.
You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Website, TutorEye advertising or any related transaction between you and TutorEye shall be governed by and construed in accordance with US law.
Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of California.
In the event of any dispute between you and TutorEye, the best way is to contact TutorEye immediately using email address contact@TutorEye.com or writing us at our registered office address (mentioned above) and make every possible effort to resolve the matter amicably before taking it to a Court of Law.
In the event of your dispute with the Tutor, you need to notify to the TutorEye within 24 hours of such happening with proofs (if any) at our email address contact@TutorEye.com By doing this, you make us aware of any wrong doing and/or help avoiding others face the same.
TutorEye tries to deal with complaints internally so as to bring a quick conclusion to any complaint. You should complaint against any act of Tutor which you believe fall under "Restricted and Prohibited Activities clause (Read Above)", TutorEye deals with all complaints fairly and without prejudice, we shall take every possible measure to eradicate possibility of happening of any such event again by taking immediate steps to enforce any breach by a Tutor of these Terms of Service, however, we are not Court of Law, we have the limitations and we can only try cleaning our Platform. If for any reason, you decide to take the matter to the Court of Law, this solely depend on your decision and TutorEye will not become party to it.
TutorEye will not ask you for your personal information, account Username, and password, or any of your credit or debit card information via email or text message. TutorEye will have no responsibility for any misuse of such information if you provide such information via email or text message.
If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.