E-learning TERMS OF SERVICE
Welcome to E-learning!
Our Terms of Service have been updated. Therefore, please, read these Terms of Service
carefully before using the Website and/or Services. If you do not accept these Terms of
Service, including the agreement to arbitrate on an individual basis any claims between you
and E-learning, please, do not use the Website and do not click “Sign up as a student/tutor” (or
similar) or otherwise use the Services.
1. GENERAL INFORMATION
1.1. Terms of Service
These Terms of Service (hereinafter – the “Terms”) describe the terms and conditions
applicable to your access and use of the website and the website software related mobile
device application made available through or in connection with the “Services”. The E-learning
website means www.E-learning.contact, and its sub-domains (the “Website”) and is an online
platform intended to be used by students (and/or their parents) and tutors in connection with
the Services.
Use of the Services of E-learning (as defined above) is subject to these Terms of Service
(the “Terms”) and any other rules or policies that are published on the Website that apply to
specific activities in which you participate (for example, E-learning Enterprise or Student
competitions).
You agree that by using Services and providing the respective consent, you are agreeing to
enter into a legally binding contract with E-learning and indicate your unconditional acceptance
of these Terms, on your own behalf and, if you are a Parent or Company, on behalf of the
Student represented by you who uses our Services.
You are entering into these Terms with E-learning Inc. (referred to as “E-learning”, “we” and “us”), a
corporation registered and organized under the laws of Ukraine. These Terms,
as well as the Refund and Payment Policy, Privacy Policy, Cookies Policy and E-learning Blog
Privacy Policy, are legally binding agreements governing relationship between E-learning and any
User or visitor of the Website and Services.
As a User or a visitor of our Services, the collection, use and sharing of your personal data is
subject to the Privacy Policy, Cookies Policy, E-learning Blog Privacy Policy and the respective
updates. For more information about when, where, and why we collect personal data, how we
use it, the conditions under which we may disclose it to others, your rights in respect of your
personal data, please refer to our Privacy Policy and/or E-learning Blog Privacy Policy.
1.2. Services of E-learning
You may be accessing and using the Website, Service and Software of E-learning as (i) a Student,
(ii) a Parent, (iii) a Tutor, (iv) a Company or(v) a visitor simply using the functionality, including
that of the Blog, and/or reviewing the content, that is publicly available on the Website.
Throughout these Terms “you” or “your” may refer as applicable to the Student, the Parent,
each Tutor and Company accessing or using any of our Services (each the “User”).
Our platform allows students (“Students”) and their parents/legal representatives/legal
guardians (“Parents”) and companies enrolled in E-learning Enterprise (“Companies”) searching
for tutors, and tutors (“Tutors”) searching for Students, to connect for and deliver and pay
for or receive payment for online and one-to-one lessons. The “Services” include the Website
and any E-learning related mobile device application (the “Software”), E-learning Space (“PSpace,”
an online video room), our online discussion forums and chat rooms, other services and
features available through the Software, and E-learning Blog and its applicable features, including
articles writing and commenting (the “Blog”). E-learning does not provide tutoring services, and
E-learning does not match Tutors with Students, Parents or Companies.
1.3. E-learning Enterprise
Companies may be enrolled in E-learning Enterprise, whose Employees (aka Students) will use
the Services with the aim to connect with the Tutors for online and one-to-one lessons of
languages learnings on our online platform.
Companies can easily track Employees’ (Students’) completed lessons, add or remove
Employees (Students), control, refill or shift their balances through the Dashboard.
Companies enrolled in E-learning Enterprise are provided with a report, which is displayed on
the Dashboard to monitor their Employees’ (Students) language learning performance.
1.5. Amendments to these Terms
We reserve the right to change these Terms from time to time for any reason by posting of
the updated Terms to our Website with indication of the modification date at the top of this
page. Please check this page to ensure that you’re happy with any changes. The additional
notifications on any amendments will be sent to your email. By continuing to use the Services
following amendment of these Terms, you consent to be bound by the Terms as amended.
2. OBLIGATIONS
2.1. Services Eligibility
E-learning Services are available only to, and may only be used by, individuals who are 18 years
and older who can form legally binding contracts under applicable law. Individuals under the
age of 18 can use our Services only in conjunction with and under the supervision of a Parent.
In this case, the Parent is responsible for any and all activities of the Student.
2.2. Verification
As part of the Services, we attempt to verify Tutors’ ID (passport, driver’s license etc.) and
claimed educational credentials (educational background documents, as diplomas,
certificates etc.). The Tutor has to upload a copy of the Tutor’s ID and educational
document(s). As a Tutor passes a verification a special Badge applies to the Tutor’s profile and
the uploaded copies of documents get deleted from ourservers.
We do not control and are not responsible for any information provided by any Tutor with
the aim of such verification. Furthermore, we do not endorse or make any representations or
warranties regarding the reliability of the verification or Tutorsthemselves.
E-learning cannot confirm that each User is who they claim to be. You agree and understand that
you assume all risks when using the Services, including without limitation any and all of the
risks associated with any online or offline interactions with other Users.
While we use good faith efforts to confirm that each Tutor on our Website is a legitimate
instructor, we are not able to provide any assurances regarding the trustworthiness of Tutors
and the information they provide via our Website. When interacting with other Users you
should exercise caution and common sense to protect your personalsafety and property, just
as you would when interacting with other persons whom you don’t know. Neither E-learning nor
its affiliates or licensors is responsible for the conduct, whether online or offline, of any User
of the Services. E-learning and its affiliates and licensors will not be liable for any claim, injury or
damage arising in connection with your use of the Services.
E-learning may or may not utilize third party consumer reporting agencies that perform, among
other things, criminal background checks, sex offender registry checks, motor vehicle records
checks, credit checks, and identification verifications (“Consumer reports”). E-learning does not
endorse or make any representations or warranties regarding the reliability of such consumer
reports or the accuracy, timeliness or completeness of any information in the consumer
reports. E-learning does not independently verify information in the consumer reports.
You hereby consent to E-learning collecting, using and disclosing the information in the consumer
reports. You understand and agree that E-learning may, in its sole discretion, review and rely on
the information in the consumer reports in deciding whether to suspend or terminate a User
or to investigate a complaint about a User, but that E-learning shall not be responsible or liable
in any way in the event that any information in the consumer reports about any person,
including without limitation any User, is not accurate, timely or complete. Users who are the
subject of consumer reports may contact the service provider to dispute the accuracy,
timeliness or completeness of such information. E-learning reserves the right to suspend and/or
terminate User based on information in the consumer reports or for any other reason in
E-learning’s sole discretion.
2.3. Privacy
You may use the Website and Blog without providing personally identifiable information. To
use the Services we may require provide us consensually your personal data. Please refer to
our Privacy Policy for additional information on our practices for handling, processing and
securing user’s personal data. When you choose to register for or participate in Services or
other events in relation to the Services, you agree that you will provide accurate, complete,
and up to date personal data as requested on the screens that collect information from you.
2.4. Payment
We use third party payment services (LIQPAY) to billyou, as Students, through an online account payment in lieu of directly processing yourcredit/debit card information. Please read more about the privacy security in our Privacy Policy. These payment services are enabling your transfer and receipt of funds as payment for Services provided on the Website. If you make payments via our Website or through any
related service, you agree that your activities are subject to our additional payment terms specified in the Refund and PaymentPolicy.
We also use third party payment services (LIQPAY)for making the payouts for Tutors, and those payment services process such transactions, please check additional payment terms specified in the Refund and Payment Policy.
2.5. Refund
E-learning strives to ensure clear understanding of financial relations between Students and
Tutors with respect to the Services we provide. In case you are not satisfied with the Services
or any other reason applicable you may be eligible for a refund in accordance with the terms
outlined in the Refund and Payment Policy on the Website. To the fullest extent permitted by
law, any refunds at any time are at our sole discretion only.
Companies using E-learning’s Services are not eligible for refunds. Funds may be reallocated
between Company employees (Students) in the event that a Company deems an employee
no longer eligible for E-learning’s Services, or in the case where a Company Employee (Student)
elects to change tutors.
3. RIGHTS AND LIMITS
3.1. Your License to E-learning
In case you are a Student, E-learning hereby grants to you, on the Terms set forth herein, a nontransferable, non-sublicensable, non-exclusive, limited right to access and use the Services
and the Software solely for your non-commercial, personal use and subject to the policies and
restrictions that we post on our Website from time to time.
In case you are a Tutor, E-learning hereby grants to you, on the Terms set forth herein, a nontransferable, non-sublicensable, non-exclusive, limited right to access and use the Services
and the Software solely forthe delivery of your personal services to your clients (i.e. Students)
and subject to the policies and restrictions that we post on our Website from time totime.
You agree not to view, copy, or procure content or information from the Website and
Software by automated means (such as scripts, bots, spiders, crawlers, orscrapers), or to use
other data mining technology or processes to frame, mask, extract data or other materials
from the Website and Software (except as may be a result of standard search engine or
Internet browser usage), unless formally authorized by E-learning under separate written
agreement.
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 E-learning’s prior written permission or as expressly provided in these Terms.
Where you purchase a subscription or a license to access the Services, you may not share that
subscription or license with others.
E-learning may impose reasonable limits on your scope of access to the Services, including limits
on time or number of information accessed or devices used to access such Services, to prevent
unauthorized third party access to or use of the Services.
All rights not expressly granted herein are reserved.
3.2. Your Account
Certain of our Services are reserved for registered users on our Website. To become a
registered user you must register on our Website for login credentials to be provided or
enabled by E-learning (“Login Credentials”) based on the type of access applicable to your use of
the Website (whether Student or Tutor). You agree that you are responsible for protecting
your Login Credentials from unauthorized use, and you are responsible for all activity that
occurs under those Login Credentials. You agree to notify us immediately if you believe that
any of your Login Credentials have been or may be used without your permission so that
appropriate action can be taken.
You may use the Blog and its features without a registered user status. This shall not preclude
the application of these Terms and other E-learning’s applicable documents to your use of Blog,
in particular when you submit your article(s) or leave comment(s) on the Blog.
You may not (i) create more than two accounts(one as a Tutor and one as a Student) to access
the Website, (ii) share your Login Credentials with any third party nor (iii) transfer your
account to any third party. E-learning is not responsible for any loss or damage caused by, or
expense incurred by you as a result of, your failure to safeguard your Login Credentials. You
agree that you shall not rent, resell, or remarket the Website, or provide access to the Services
to any third party. We are not responsible for losses or damage caused by your failure to
safeguard your login and password. E-learning may terminate any Login Credentials in its sole
discretion; You will not be entitled to create a new account to access the Website if your prior
Login Credentials have been terminated by E-learning.
Upon registering for our Services an account for Students may automatically be created for
you. You may select a profile photo or insert a link to your account on Google+ or Facebook
to display with your account information. Please be advised that provision of your photo is
not an obligatory term to use our Services. You may edit your account with additional
information at your sole discretion. Additional information may help you to get more from
the Services, for instance, finding a necessary tutor. At the same time, you are not required
to provide additional information, not specifically necessary for the registration, it is your
choice. The security of any personal data you choose to share within your account is subject
to our Privacy Policy.
Upon registering for our Services a profile for Tutors is automatically created for you. Please
be advised that provision of your photo and video introduction is an obligatory term to use
our Services. You may edit your profile with additional information at your sole discretion.
Additional information may help you to get more from the Services, for instance, finding
students. At the same time, you are not required to provide additional information, not
specifically necessary for the registration. Therefore, it is your choice whether to include
additional data to your profile, or not, such as country, language skills, education and work
experience. The security of any personal data you choose to share within your account is
subject to our Privacy Policy.
3.3. Direct Interactions
E-learning does not take part in direct interactions between Students and Tutors except when we
consider it advisable:
a. to ensure compliance with these Terms;
b. to improve our Services; or
c. as stated in our Refund and Payment Policy.
E-learning does not have control over transactions between Users except as stated in our Refund
and Payment Policy. E-learning does not control Tutor Package provided by Tutors, any reviews
or ratings provided by Users, nor of the actions or omissions whatsoever of any User.
Students acknowledge and agree that Services are provided for the purpose of facilitating
learning, not cheating. You agree not to inquire about the hiring of or to hire Tutors to
complete assignments, write papers, take quizzes or otherwise do work on your behalf.
Further, you agree not to use Services for any purpose that violates the academic honesty
policy or other conduct policies of your school, university, academic institution or workplace.
3.4. Representations and Warranties
Tutor-Specific Representations.
If you utilize the Services as a Tutor, (i) You represent and warrant that for each provided
Tutor Session or a Tutor Package you have the right to provide services contained in such
Tutor Session or a Tutor Package for the purposes of these Terms and that you are capable of
fulfilling any offers contained in such Tutor Session or a Tutor Package; (ii) You warrant that you
will keep all your Tutor Packages up to date on the Website by notifying E-learning of any changes
that would affect the accuracy of such Tutor Packages; (iii) You hereby grant to E-learning and its
Users, the right to view and distribute your Tutor Packages without restriction and you
acknowledge that your Tutor Packages may be widely disseminated and viewed by large
numbers of people; (iv) You acknowledge and agree that E-learning may display advertisements
on the Services in connection with your Tutor Packages without any payment obligation to
you; (v) You acknowledge and agree that E-learning may improve the video that You provided for
your profile on the Website, the improvements can be made by cutting the video to a specific
size, adding the E-learning logo on the video, improving the quality of sound in the video,
publishing the video on the E-learning channel with adding the description and link to the Tutor’s
profile; (vi) You agree to use good faith efforts to provide Students a professional-quality
tutoring experience; (vii) you are legally eligible to provide tutoring in the jurisdiction where
you provide tutoring; (viii) you have complied and will comply with all laws and regulations
that are applicable to you; and (ix) you operate an independent enterprise with respect to
which you have obtained all business licenses and permits necessary to legally provide
tutoring services.
Student-Specific Representations.
If you utilize the Website as a Student or Parent, (i) You agree to honor the commitments you
make to the Tutor via the Website; (ii) You agree that you will not circumvent or manipulate
our fee structure, the billing process, or fees owed to E-learning or the Tutor; fail to deliver
payment for items purchased by you from the Tutors; and (iii) You agree to use good faith
efforts to interact with Tutor online for the Tutor Sessions.
3.5. Tutors’ Introduction Video and Profile Picture
Tutors grant E-learning the rights to use Tutor’s Introduction video, name and profile picture for
marketing, advertising or promotional purposes. E-learning may publish Tutor’s Introduction
videos and profile pictures to our official channels in third-party social media advertising
system, video hosting and streaming services, such as YouTube, Vimeo, Facebook or others,
as to ensure accessibility and visibility to E-learning students regardless of location.
You may always request to remove any Introduction videos published to our official channels
in third-party social media, video hosting and streaming services by writing to
support@E-learning.contact.
3.6. Tutors’ Ranking
E-learning uses many pieces of information in order to show the Tutors that best match a
Student’s preferences to a Student. The order in which Tutors are displayed depends on a
number of factors including, but not limited to, the following – in no particular order:
– the subject the Student is searching for;
– the country of the Student;
– the language that a Student is viewing the Website in;
– the time zone of the Student;
– the overlap in working hours between the Tutor and Student’s time zones;
– the overall availability of time slots on a Tutor’s calendar;
– the past performance of a Tutor in helping their Students to achieve their learning goals
– the quality and completeness of a Tutor’s profile, including their Introduction video;
– how responsive a Tutor is to Students messages;
– the Student reviews of Tutor’s lessons;
– the Students rating of individual lessons;
– prior learning history of a Student on the Website.
3.7. Lesson Recording
You acknowledge and agree that, from time to time, E-learning may record videos of your lessons.
This recording is intended solely for the purpose of ensuring the quality of E-learning Services.
Recordings will not be shared externally, used for individual targeting, or used for any sales,
marketing, or other promotional purposes.
By using E-learning services, you agree and give consent for such recordings that is gratuitous,
unsolicited, and without restriction. You agree that E-learning may use these recordings without
fiduciary, or other obligation, and without any additional compensation.
You may opt out of any recordings of your lessons or request to remove any existing
recordings by writing to support@E-learning.contact.
3.8. Referral Program
Students (henceforth the Student Referrer) and tutors (henceforth the Tutor Referrer) may
invite another individual who is not, and has never been, a registered user of E-learning
(henceforth the Referee) with a referral link. Clicking on this referral link entitles the Referee
to a discount off their initial purchase.
Referral links are valid only for the user to whom they are sent and may only be redeemed by
the Referee to whom they are sent. We reserve the right to terminate any accounts found in
violation and remove any E-learning Credits or Referral Bonus accumulated in violation of these
Terms with or without notice.
Students
The Student Referrer will be entitled to receive a discount in the form of E-learning Credits when
the Referee makes their initial purchase using the discount from the referral link. The discount
amount for the Student Referrer and the Referee is subject to change.
E-learning Credits are valid only in exchange for lessons taken on E-learning and may not be exchanged
for cash. E-learning Credits will be valid for 180 days from the most recent log in date of the
Referrer. If the Referrer has not logged in for 180 days, all E-learning Credits will be expired, and
will no longer be recoverable.
Tutors
The Tutor Referrer will be entitled to receive a Referral Bonus for every purchase the Referee
makes. The Referral Bonus can be withdrawn as cash. The Referral Bonus amount for the Tutor
Referrer and Referee is subject to change.
By clicking on the referral link the Referee grants E-learning with the right to process referee’s
personal data according to our Privacy Policy.
3.9. Limits
While using the Services, you agree that you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual
property laws, anti-spam laws, tax laws etc.;
b. Provide accurate information to us and keep it updated;
c. Use the Services and Website in a manner that is lawful, relevant and proper to the
applicable laws.
Any use of the Website that E-learning, in its sole discretion, found inappropriate and/or offensive
may result in suspension and/or termination of a User with or without notice.
While using the Services, you agree that you shall not manipulate the price of any goods or
services offered within the Services, in any manner. Furthermore, you shall not disrupt or
otherwise interfere in any way with any other User’s use of the Services. By accessing our
Services or any chat room, online discussion forum, or other Service provided through our
Website that allow Users to communicate to other Users (“Public Areas”).
You agree to be abided by the following standards of conduct and You agree that You will not,
and will not authorize or facilitate any attempt by another person to use our Website to:
1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise
objectionable, as determined by E-learning;
2. Circumvent or manipulate our fee structure, the billing process, or fees owed to E-learning
or the Tutor; fail to deliver payment for items purchased by you, unless the Tutor of such
Tutor Package has materially changed the package’s description, a clear typographical error
is made, or you cannot reach the Tutor;
3. Fail to deliver Tutor Packages purchased from you, unless the Student or Parent fails
to meet the posted terms, or you cannot reach the Student or Parent;
4. Manipulate the price of any item or interfere with other Users’ Listings;
5. Use a name or language that E-learning, in its sole discretion, deems offensive;
6. Post false, inaccurate, misleading, defamatory, or libelous content (including personal
data);
7. Post hateful or racially or ethnically objectionable Content;
8. Post Content which infringes another’s copyright, trademark or trade secret;
9. Advertise or offer to sell any goods or services for any commercial purpose through
the Service which are not relevant to the services offered through the Service;
10. Post unsolicited advertising or unlawfully promote products or services;
11. Take any action that may undermine the feedback or ratings system when it becomes
available (such as displaying, importing or exporting feedback information from the Website
or using it for purposes unrelated to E-learning);
12. Harass, threaten or intentionally embarrass or cause distress to another user, person
or entity.
13. Impersonate another person;
14. Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
15. Exploit children under 18 years of age;
16. Engage in disruptive activity such as sending multiple messages in an effort to
monopolize your position;
17. Adapt, alter, license, sublicense or translate the Service for your own personal or
commercial use;
18. Introduce viruses, worms, Trojan horses and/or harmful code to the Website;
19. Obtain unauthorized access to any computer system through the Website;
20. Transfer your E-learning account (including feedback) and Login Credentials to another
party without our consent;
21. Harvest or otherwise collect information about Users, including email addresses,
without their consent;
22. Invade the privacy of any person, including but not limited to posting personally
identifying or otherwise private information about a person without their consent (or their
parent’s consent in the case of a child under 18 years of age);
23. Solicit personal data from children under 18 years of age;
24. Violate any federal, state, local, or international law or regulation;
25. Encourage conduct that would constitute a criminal or civil offense.
All submissions made to Public Areas will be public, and E-learning will not be responsible for the
action of other Users with respect to any information or materials posted in Public Areas.
4. WEBSITE CONTENT
Users have a personal, non-transferable, non-exclusive right to access and use the Content of
this Website subject to these Terms. The “Content” means all information, text, materials,
images, data, links, software, or other material accessible through the Website or Services,
whether created by us or provided by another person for display on the Website or through
the Services. The Content may contain typographical errors, other inadvertent errors or
inaccuracies. We reserve the right to make changes to document names and content,
descriptions or specifications of products or services, or other information without obligation
to issue any notice of such changes. You may view, copy, download, and print Content that is
available on this Website or through the Services, subject to the following conditions:
a. The Content may be used solely for internal informational purposes. No part of this
Website or its Content may be reproduced or transmitted in any form, by any means,
electronic or mechanical, including photocopying and recording for any other purpose;
b. The Content may not be modified;
c. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Website should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use this Website or any Content displayed on this
Website, through the use of framing or otherwise, except: (a) as expressly permitted by these
Terms; or (b) with our prior written permission or the permission of such third party that may
own the trademark or copyright of material displayed on this Website.
5. CONTENT SUBMITTED BY USERS
We are not responsible or liable for the conduct of Users or for views, opinions and
statements expressed in Content submitted for public display through our Website. We do
not prescreen information posted online. We are acting as a passive conduit for such
distribution and may not be responsible for Content. Any opinions, advice, statements,
services, offers, or other information in Content expressed or made available by Users are
those of the respective author(s) or distributor(s) and not of E-learning. We neither endorse nor
guarantee the accuracy, completeness, or usefulness of any such Content. You are
responsible for ensuring that Content submitted to this Website is not provided in violation
of any copyright, trade secret or other intellectual property rights of another person or entity.
You shall be solely liable for any damages resulting from any infringement of copyrights, trade
secret, or other intellectual property rights, or any other harm resulting from Your uploading,
posting or submission of Content to this Website.
We have the right, but not the obligation, to randomly monitor Content submitted to our
Website through an online discussion forum or chat room, to determine compliance with
these Terms and any other applicable rules that we may establish, as well as for the purpose
of Services’ improvement. We have the right in our sole discretion to edit or remove any
material submitted to or posted through this Website. Without limiting the foregoing, we
have the right to remove any material that E-learning, in its sole discretion, finds to be in violation
of these Terms or otherwise objectionable, and You are solely responsible for the Content
that You post to this Website.
If you believe that your intellectual property rights have been infringed, please submit your
complaint to info@E-learning.contact. You may report all types of intellectual property claims
including, but not limited to, copyright, trademark, and patent claims. We respond quickly to
the concerns of rights owners about any alleged infringement, and we terminate repeat
infringers in appropriate circumstances.
Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying”
includes certain activities intended to influence legislation. Content posted by Users does not
constitute lobbying by E-learning but may constitute lobbying by You or an organization that You
represent. You are responsible for complying with any applicable lobbying restrictions.
6. LINKS TO THIRD-PARTY WEBSITES
The Website may contain links to non-E-learning websites. These links are provided to You as a
convenience and/or ancillary for the Services use, and E-learning is not responsible for the
content of any linked website. Any non-E-learning website accessed from the Services is
independent from E-learning, and E-learning has no control over the content of that website. In
addition, a link to any non-E-learning website does not imply that E-learning endorses or accepts any
responsibility for the content or use of such website. Use of any third-party website is subject
to its terms of service and privacy policy. We request that our Users exercise caution and good
judgment when using third-party websites.
7. ADVERTISEMENT
We will not include your content in advertisements for the products and services of third
parties to others without your separate consent.
E-learning may run advertisements and promotions from third parties on the Website. Your
correspondence or business dealings with, or participation in promotions of advertisers other
than E-learning found on or through the Website, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. E-learning is not responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings or as the result
of the presence of such non-E-learning advertisers on the Website.
8. NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third-party product or service be
construed as an approval or endorsement by E-learning of that third party or of any product or
service provided by a third party. Likewise, a link (including without limitation external
websites that are framed by the Services as well as any advertisements displayed in
connection therewith) to any third-party website does not imply that we endorse or accept
any responsibility for the content or use of such a website. E-learning does not endorse, warrant
or guarantee any product or service offered by any third party through an online discussion
forum or chat room accessible through this Website and will not be a party to or in any way
monitor any transaction involving any third-party providers of products or services. As with
the purchase of a product or service through any medium or in any environment, you are
responsible for exercising appropriate judgment and caution.
9. SCOPE OF SERVICE
E-learning maintains this Website as a service to the user community that visits the Website
subject to these Terms. You are responsible for obtaining and paying for any equipment and
Internet service necessary to accessing our Services. We may alter, suspend, or discontinue
this Website or the Services in whole or in part, at any time and for any reason, without
notice. The Services may also periodically become unavailable due to maintenance or
malfunction of computer equipment or for other reasons. We may provide access to third
party services and products from time to time or to our own products or Services. You
acknowledge that the Website and any mobile applications are evolving and that the form and
nature of the Website or mobile applications, including the Services, may change from time
to time without notice to you.
10. RELATIONS BETWEEN E-learning AND USERS
The Services are not an employment service and E-learning does not serve as an employer of any
User unless separately subject to a signed, written employment contract signed by both the
User and E-learning. Users may use E-learning Services only for the purpose of to provide tutoring to
or receive tutoring from other Users using the Services and subject to these Terms.
As such, E-learning will not be liable for any tax or withholding, including but not limited to
unemployment insurance, employer’s liability, workers’ compensation insurance, social
security or payroll withholding tax in connection with your use of Services or Users’ services.
You understand and agree that if E-learning is found to be liable for any tax or withholding tax in
connection with your use of Users’ services, then you will immediately reimburse and pay to
E-learning an equivalent amount, including any interest or penalties thereon.
In all cases of use of this Website, Users are acting as independent contractors and not as
E-learning’s or any other party’s employee, agent, franchisee or servant. Accordingly, you will be
solely responsible for all costsincurred by you or your organization. You shall not hold yourself
out as having authority to make contracts or promises on behalf of E-learning. No User is entitled
to participate in any E-learning vacation, group medical or life insurance, disability, profit sharing
or retirement benefits, or any other fringe benefits or benefit plans offered by E-learning to its
employees.
The Services provide connection to Tutors who are willing to be engaged by Students and
Parents or Companies as independent contractors. As independent contractors, each Tutor
decides when and how often the Tutor will be available to provide tutoring to Students
(except that inactivity for 180 consecutive days may result in deletion of a Tutor’s account).
Each Tutor controls the methods, materials, content and all aspects of the Tutor’s lessons. Any
sample tutoring packages or instructional materials that may be made available to Tutors are
for a Tutor to review or not review and to use or not use in the Tutor’s sole discretion. The
Services allow Tutors to create subject- specific tutoring packages for certain number of hours
that may occur over a number of tutoring sessions (each session individually a “Tutor Session,”
collectively the “Tutor Package”). Students are responsible for selecting the right Tutor for
their needs. Students should review and investigate each Tutor’s self-reported credentials,
education, and experience, as well as reviews from other Parents and/or Students. All tutoring
sessions should be supervised by a responsible adult. Each Tutor has the sole discretion to
accept or decline or continue or discontinue a tutoring relationship with any Student.
As independent contractors, a Tutor may, at the Tutor’ own expense, employ or engage the
services of such employees, subcontractors, partners or agents, as the Tutor deems advisable
to perform the Services (collectively, the “Assistants”). The Assistants are not and shall not
be employees of E-learning, and the Tutor shall be wholly responsible for the performance and
conduct of the Assistants and for compliance with all laws applicable to any Assistants.
Tutors may and in fact are expected to perform services for others or do other types of work
(either as an independent contractor or employee or other) while these Terms are in effect,
including with E-learning’s competitors if desired, provided that such other activities do not
require Tutor to violate the Terms.
11. ASSIGNMENT
You may not assign or transfer these Terms in whole or in part to any third party. These Terms
shall bind and inure to the benefit of the parties to these Terms and their respective
successors, permitted transferees, and permitted assigns.
12. FEEDBACK
You acknowledge and agree that we may provide you with a mechanism to provide feedback,
suggestions, and ideas, if you choose, about our Services (the “Feedback”) and public
feedback from Users with whom you have transacted.
Feedback regarding E-learning. By submitting any Feedback you provide us a written consent to
use your Feedback in improvement and promoting the Services; you agree that submitting a
Feedback is gratuitous, unsolicited and without restriction and will not place us under any
fiduciary or other obligation, and that we are free to use the Feedback without any additional
compensation to you, and/or to disclose the Feedback on a non-confidential basis or
otherwise to anyone.
You further acknowledge that, by accepting your Feedback submission, E-learning does not waive
any rights to use similar or related ideas previously known to E-learning, or developed by its
employees, or obtained from sources other than you. You agree that we may, in our sole
discretion, use the Feedback you provide to us in any way, including infuture enhancement
and modifications to our Services. You hereby grant to us and our assigns a perpetual,
worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce,
modify, create derivative works from, distribute, and display the Feedback in any manner for
any purpose, or without it in any media, software, or technology of any kind now existing or
developed in the future, without any obligation to provide attribution or compensation to you
or any third party.
Feedback Regarding Users. You acknowledge that feedback results for you may consist of
comments and ratings left by other Users and that E-learning may calculate a composite feedback
number based on these individual ratings. Tutors agree to be rated by Students along several
criteria, as determined by E-learning. E-learning provides its automatic feedback and rating system as
a means through which Users can express their opinions publicly, and E-learning does not monitor
or censor these opinions or investigate any remarks posted by Users for accuracy or reliability
unless a User brings the posting to E-learning’s attention. You may be held legally responsible for
damages suffered by other E-learning Users or third parties as a result of these remarks if a court
finds that these remarks are legally actionable or defamatory. E-learning is not legally responsible
for any feedback or comments posted or made available on this Website by any Users or third
parties, even if that information is defamatory or otherwise legally actionable. You agree to
report violations or abuses of our rating and feedback system immediately by contacting
Customer Service.
13. NOTIFICATIONS
Unless you otherwise indicate in writing, E-learning will communicate with you by email, regular
mail or by posting communications on this Website. You consent to receive communications
from us electronically and you agree that these electronic communications satisfy any legal
requirement that such communications be in writing. You will be considered to have received
a communication when we send it to the email address you have provided to E-learning on this
Website, or when we post such communication on this Website. You should keep your email
address updated on this Website, and you should regularly check this Website for postings. If
you fail to respond to an email message from E-learning regarding violation, dispute or complaint
within 2 (two) business days, we will have the right to terminate or suspend your use of
Services. All notices to E-learning intended to have a legal effect concerning these Terms must be
in writing and delivered either in person or by means evidenced by a delivery receipt, to the
following address: 1309, Beacon St., Suite 300, Brookline, MA 02446.
To stop receiving specific communications from E-learning, please, submit a notification to us by
email at support@E-learning.com in order to change the types and frequency of such
communications.
14. TERMINATION
Other than Tutors, we may terminate any User’s access to our Website in our sole discretion,
for any reason and at any time, with or without prior notice. It is our policy to terminate Users
who violate these Terms, as deemed appropriate in our sole discretion.
We may terminate a Tutor’s use of the Services (a) immediately for failure to comply with the Terms;
(b) for other cause, including, but not limited to, sexual or other unwelcome harassment, threats or
intimidation, fraud, falsification of documents or qualifications; or (c) upon 30 days’ advance written
notice for any reason.
We may also delete, or ban access to or use of all related information and files. E-learning will not
be liable to Users or any third-party for any modification, suspension, or termination of the
Service, or loss of related information.
You may delete your account/profile at any time. In case you are not using your E-learning
account or profile for more than 180 (one hundred eighty) days following the last payment
(and held no lessons (no scheduled and no confirmed for the last 180) and/or received no
payment), it will be considered expired and gets deactivated and your remaining balance will
be expired. Any remaining balance will be irreversibly lost and nonrefundable.
Companies enrolled in E-learning Enterprise whose Employees (Students) have not used their
E-learning account for more than 180 (one hundred eighty) days following the last payment (and
held no lessons (no scheduled and no confirmed for the last 180) and/or received no
payment) will have their balance expired . Any remaining balance will be irreversibly lost and
nonrefundable.
Even after your right to use the Services is terminated or suspended, these Terms will remain
enforceable against you.
15. INTELLECTUAL PROPERTY RIGHTS
All intellectual property in the design and layout of this Website, Software and the material
and information published on its pages belongs to and is vested in E-learning or its licensors. You
may not copy any part of this Website or otherwise do anything in relation to any part of the
Website. You may not otherwise use or reproduce any of this Website or the material
contained within it in any manner other than those listed above without first obtaining the
prior written permission of E-learning.
Unless otherwise noted, all Content contained on this Website is the property of E-learning
and/or its affiliates or licensors, and is protected from unauthorized copying and
dissemination by United States copyright law, trademark law, international conventions and
other intellectual property laws. The service marks and trademarks of E-learning, including
without limitation E-learning and the E-learning logos are service marks owned by E-learning, Inc. Any
other trademarks, service marks, logos and/or trade names appearing via the Service are the
property of their respective owners. You may not copy or use any of these marks, logos or
trade names without the express prior written consent of the owner.
E-learning grants you permission (which may be revoked at any time for any reason or no reason)
to use the Website and the Software for the Services as provided herein and in accordance
with these Terms and solely for your own personal, non-commercial use (except as provided
herein), provided you do not remove any trademark, copyright or other notice contained on
such pages. No other use is permitted. E-learning reserves all of its statutory and common law
rights against any person or entity who violates this paragraph.
You may not link or frame to any pages of the Website or any content contained therein,
whether in whole or in part, without prior written consent from E-learning. You may like or follow
E-learning or share links to the Website via social networking technology referenced on the
Website. Any rights not expressly granted herein are reserved.
Except as expressly authorized by E-learning or by Content providers, you agree not to reproduce,
modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or
create derivative works of the Content of others, in whole or in part, by any means. You must
not remove or modify any copyright or trademark notice, or other notice of ownership.
16. COPYRIGHT INFRINGEMENT. DMCA NOTICE
Since we respect content owner rights, it is E-learning’s policy to respond to alleged infringement
notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you
believe that any materials on our Services infringe your copyright, you may request that they
be removed. Please notify E-learning’s copyright agent as set forth in the DMCA. For your
complaint to be valid under the DMCA, your request must bear a signature (or electronic
equivalent) of the copyright holder or an authorized representative and must include the
following information:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright
owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on
the
Website;
4. Information reasonably sufficient to permit E-learning to contact you, such as your
address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate,
and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent: Attn: DMCA Notice
E-learning, Inc.
Address: 1309, Beacon St., Suite 300, Brookline, MA 02446. Email: legal@E-learning.com
Under federal law, if you knowingly misrepresent that online material is infringing, you may
be subject to criminal prosecution for perjury and civil penalties, including monetary
damages, court costs, and attorney’s fees.
Please note that this procedure is exclusively for notifying E-learning and its affiliates that your
copyrighted material has been infringed. The preceding requirements are intended to comply
with E-learning’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not
constitute legal advice. It may be advisable to contact an attorney regarding your rights and
obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable laws, E-learning may also at its sole discretion
limit access to the Service and/or terminate the accounts of any Users who infringe any
intellectual property rights of others, whether or not there is any repeat infringement.
17. CONFIDENTIALITY
You may obtain direct access via the use of the Services to certain confidential information of
E-learning, its affiliates or Users, including but not limited to personally identifiable information,
technical, contractual, product, program, pricing, marketing and other valuable information
that should reasonably be understood as confidential (“Confidential Information”). You agree
to hold Confidential Information in strict confidence and not use the Confidential Information
except for the purposes set forth in these Terms and not disclose such confidential
information to any third party. All right, title and interest in the Confidential Information
remains with E-learning, its affiliates and its Users.
No obligation is imposed upon you with respect to Confidential Information that you can
establish by legally sufficient evidence: (a) you possessed prior to your receipt from E-learning,
without an obligation to maintain its confidentiality; (b) is or becomes generally known to the
public through no act or omission by you, or otherwise without violation of the Terms; (c) you
obtained from a third party who had the right to disclose it, without an obligation to keep
such information confidential; (d) you independently developed without the use of
Confidential Information and without the participation of individuals who have had access to
it, or (e) in response to a valid order by a court or other governmental body, or as otherwise
required by law, or as necessary to establish the rights of either party under these Terms and
as disclosed after prior notice to E-learning adequate to afford E-learning the opportunity to object
to the disclosure.
18. DISCLAIMER OF WARRANTY
Use of the Services is entirely at your own risk. E-learning disclaims all liability in connection with
any interactions, correspondence, transactions, and other dealings that you have with any
third parties, including without limitation Students, Parents or Tutorsfound on or through the
Website (including on or via linked websites or advertisements) are solely between you and
the third party (including issues related to the content of third-party advertisements,
payments, services, delivery of goods, warranties (including product warranties), privacy and
data security, and the like. Under no circumstances will we be liable for any loss or damage
caused by your reliance on information in any content on this Website. Itis your responsibility
to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or
other content available through this Website.
You acknowledge that the Website and all Services, text, images, and other information on or
accessible from this Website are provided “as is” and are based in part on listings provided by
tutors, which are not verified by E-learning, and that any tutor packages, listings or other content
acquired through the use of the Website is at your sole risk and discretion. E-learning and its
affiliates and licensors are not liable or responsible for any results generated through the use
of the Website. We provide no warranty of any kind, either express or implied, including but
not limited to the implied warranties of merchantability, fitness for a particular purpose, and
non-infringement. Specifically, but without limitation, E-learning does not warrant that: (i) the
information available on this Website is free of errors; (ii) the functions or services (including
but not limited to mechanisms for the downloading and uploading of content) provided by
this Website will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or
(iv) this Website or the server(s) that makes it available are free of viruses or other harmful
components. Neither E-learning nor its affiliates or licensors is responsible for the conduct,
whether online or offline, between users.
In addition, notwithstanding any feature a Student or Parent may use to expedite Tutor
selection, each Student or Parent is responsible for selecting their Tutor and negotiating a
contract and E-learning does not warrant any goods or services purchased by a Student or Parent
and does not recommend any particular tutor. E-learning does not provide any warranties or
guarantees regarding any tutor’s professional accreditation, registration or license.
E-learning expressly disclaims any liability or claims that may arise between Users of its Services.
You are solely responsible for your interactions with all other Users and any disputes that
arise from those interactions with other Users. E-learning is not obliged but may attempt to assist
in resolving disputes between Users.
19. LIMITATION OF LIABILITY
(a) Disclaimer. In no event shall E-learning be liable to any user of this Website or any other person
or entity for any direct, indirect, special, incidental, consequential or exemplary damages
(including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of
obtaining substitute goods or services) arising out of the use, inability to use, unauthorized
access to or use or misuse of the Website or any information contained thereon, whether
based upon warranty, contract, tort (including negligence), or otherwise, even if has been
advised of the possibility of such damages or losses.
(b) Limitation. You agree E-learning’s total cumulative liability in connection with these Terms,
the Website, the Software, the Services, the Content, or any listing or services whether in
contract, tort, or otherwise, shall not exceed the amounts, if any, you paid in commissions to
E-learning for the Services in the then- prior three months.
(c) Waiver of Class Action. Any claims brought by you or E-learning must be brought in that party’
individual capacity, and not as a plaintiff or class member in any purported class or
representative proceeding.
20. EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or
exclusion of liability for incidental or consequential damages. Accordingly, some of the above
limitations may not apply to you.
21. INTERNATIONAL
This Website may be accessed from countries other than the United States. This Website and
the Services may contain products or references to products that are only available within the
United States and U.S. territories. Any such references do not imply that such products will
be made available outside the United States.
If you access and use this Website outside the United States you are responsible for complying
with all applicable local laws and regulations.
We make no representation that information on this Website is appropriate or available for
use outside the united states. Those who choose to access this Website from outside the
United States do so on their own initiative and at their own risk.
21. NON-SOLICITATION
Without limitation, the Services may not be used to solicit for any other business, website or
service. You may not solicit, advertise for, or contact in any form Users for employment,
contracting, or any other purpose not related to the Service facilitated through E-learning without
express written permission from E-learning.
You may not use the Service to collect usernames and/or email addresses of Users by
electronic or other means without the express prior written consent of E-learning.
22. HEADINGS
The headings and captions used in these Terms are used for convenience only and are not to
be considered in construing or interpreting these Terms.
23. ENTIRE AGREEMENT. SEVERABILITY
These Terms, together with any amendments and any additional agreements you may enter
into with E-learning in connection with the Services, shall constitute the entire agreement
between you and E-learning concerning the Services. If any part of these Terms is held to be
unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the
validity and enforceability of the remaining provisions.
24. CONTACTS
For additional information and in case you have any questions about these Terms, please
contact info@E-learning.contact.
