“Governing Law” means the laws of the Emirate of Dubai and the Federal laws of the UAE.
“Platform”, “Tutor Platform”, “Tutor” means and includes the Thetutor.me website and any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by Tutor to enable the Users to avail the Services through the Platform.
“PSP” refers to the payment services provider or financial institution that is duly licensed and authorized under respective regulations and provides the online and POS based payment gateway solution and the related acquiring &settlement services, subject to the PSP’s internal approvals, policies and applicable terms and conditions.
"Service(s)" shall mean Service(s) offered through the Platform to the User(s).
"User(s)", "you", "your" shall mean and include any entity or individual that accesses the Platform to avail the Services. In the event the User is under the age of 18, the parent/ guardian shall be deemed to have volunteered consent to these Terms. Visitors, viewers, subscribers, members, affiliates, or customers shall also be considered "Users". If a User is accessing and/or using the Platform on behalf of a User’s employer or as a consultant or agent of a third party, such employer and/ or third party shall also be a party to these Terms.
"we" "us" or "our" shall mean Thetutor.me owned and operated by Pathfinder Innovation Portal L.L.C and all linked pages.
Except where the context otherwise requires words denoting the singular shall include the plural and vice versa.
Words denoting a gender shall include every gender and reference to persons shall include bodies corporate and unincorporated.
Headings are for convenience of reference only and shall not affect the interpretation of these Terms.
Recitals and schedules shall form integral part of these Terms.
The usage of the Platform or receipt of Services shall in each case constitute compliance with and an acceptance of these Terms. Where the User is acting on behalf of another, User represents and warrants that the User has the authority to act on behalf of and bind the other these Terms.
These Terms constitute a binding and enforceable agreement between you and Tutor. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
Tutor shall not be liable to the Users or any third-party for any indirect, special, incidental, consequential, punitive or exemplary damages or loss of any kind including but not limited to loss of profit, loss of revenues, business interruption, loss of business information, increased costs of operation or other commercial or economic loss, litigation costs and the like, howsoever caused, in connection with the Service(s) availed by the User(s).
By using the Services, the User may receive e-mails or text messages on their mobile device, which may cause the User to incur usage charges or other fees or costs in accordance with their wireless or data service plan. Any and all such charges, fees, or costs are User’s sole responsibility. The User shall consult with its wireless carrier to determine what rates, charges, fees, or costs may apply to User’s use of the Services. Tutor is not liable for such charges in any manner whatsoever.
You will bear and be responsible and liable for the payment of all relevant taxes in relation to any payments made in pursuance of the Service(s).
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Tutor will always be accurate, correct and up to date. Subject to these Terms, Tutor hereby grants the User a non-exclusive, non-assignable, non-transferable and limited license to use the Platform and the Services, in accordance with these Terms. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree not to reverse engineer, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of the Services and further agree not to use the Services as part of any another application, upload of any virus, use any content for commercial purposes, access or modify partially or otherwise to any source code, track or monitor the other users, do anything that puts an enormous/ unreasonable load on our servers, copy or create derivative work.
As part of this continuing process, you acknowledge and agree that Tutor may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at Tutor’s sole discretion, without prior notice to you.
You acknowledge and agree that if Tutor disables access to the Platform, you may be prevented from accessing the Services, your account details or any files or other content which is contained on the Platform.
You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose whatsoever.
Tutor wants to continually improve the Platform experience for the Users. Therefore, Tutor’s Terms may change from time to time. Tutor reserves the right to modify any provision hereof from time to time, and such modification shall be effective immediately upon its posting on the Platform. User(s) agree(s) to and shall be bound by any changes to these Terms, if User(s) continue(s) to use this Platform after any such modification is posted. Users of the Platform have an affirmative duty to keep themselves informed of the changes.
The User represents, warrants, and agrees that no content/details shared by the User on the Platform ("User Content"), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. You alone are responsible for any Content you publish or display on the Platform. You undertake to post only content you believe to be accurate and not to give intentionally incorrect or misleading information.
You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You acknowledge and agree we may review and delete any content that, in our sole discretion, violates these Terms, is offensive, unlawful, or may violate the rights, hurts, or threatens the safety of other users or members of the Platform.
You acknowledge and agree that Tutor and/ or Pathfinder Innovation Portal L.L.C and/ or its linked pages own(s) all legal rights, title and interest in and to the Services and the Platform, including any intellectual property rights which subsist in the Services and the Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Tutor and that you shall not disclose such information without Tutor’s prior written consent. Unless you have agreed otherwise in writing with Tutor, nothing in the Terms gives you the right to use any of Tutor’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Users who are teachers and tutors on the Platform represent and warrant that they possess the necessary knowledge to teach the subjects they choose to teach or create learning material for.
The Platform shall only act as a conduit between the tutors and tutee for tutoring and learning material services. The tutors shall set their price for the session and learning material on their profiles at their sole discretion. We will charge a certain amount of commission from the tutors. Such commission will be decided by us at our sole discretion. Students will be required to pay the amount and additional transaction fees, charges and/or taxes (as applicable) to the Platform and such fee will be withdrawn by the tutors via dashboard on the Platform after deduction of the commission and any applicable charges, fees and/or applicable taxes. With respect to any refunds or cancellations, kindly send a request to firstname.lastname@example.org .
By accepting these terms and conditions, you agree to indemnify and hold harmless Tutor and Pathfinder Innovation Portal L.L.C., its officers, directors, employees, agents and affiliated companies, from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of this Agreement, your provision of the Services and any claim made by a third party as a result of your provision of the Services, including any claim alleging your infringement upon the copyrights, trademarks, trade secrets, patents or other intellectual property rights of such third party.
The Platform, including but not limited to all services, products, content, functions and materials contained or available on the site, is provided "as is" and "as available," without any warranty of any kind, express or implied, including but not limited to any warranty regarding uptime or uninterrupted access, availability, we hereby disclaim all implied and express warranties. We also assume no liability for any damages to, or viruses that may infect, your computer equipment, mobile device or other property as a result of your access to or use of the Platform, or your downloading of any materials from the Platform. Your sole remedy if you are dissatisfied with the site is to stop using it.
Except as explicitly stated, the use of the Platform is at your own risk. The Platform, as well as its contents, data, services and subject matter, are provided "as is," "as available," and "with all faults." Tutor disclaims all promises, illustrations and guarantees of any kind, including any indicated guaranty or prerequisite of trader capacity, adequate quality, or compatibility for a specific reason. Tutor makes no warranties, representations, conditions, or warranties regarding the website's convenience, quality, appropriateness, truth, certainty or integrity.
We make no promise or implication that:
You assume all risks for any disruption to your computer system or corruption of information that may result from acquiring any subject matter from the website, as well as for any loss caused by computer viruses.
Illegality or unenforceability of one or more provisions of these Terms shall not affect the legality and enforceability of the other provisions of the Terms. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms shall be binding upon the User. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Any rights not expressly granted herein are reserved.
The Terms will be binding upon the Parties and their respective successors and permitted assigns. The User(s) may not assign any of User’s rights in these Terms, and any such attempt is void, but Tutor may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Without limiting the foregoing, under no circumstances shall Tutor be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labour, fluctuations in heat, light, fire or air.
The User agrees that no joint venture, partnership, employment, or agency relationship exists between User and Tutor as a result of these Terms or User’s use of the Platform and the Services.
Tutor and the Users agree that these Terms shall be governed by and construed in accordance with the laws of Dubai and the Federal laws of the UAE. In case of any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, the dispute shall be subject to the exclusive jurisdiction of the Dubai Courts (excluding the DIFC Courts).