top of page

Terms of Use Agreement

This Terms of Use Agreement ("Agreement") constitutes a legal document which is also a legal agreement or legal contract that governs your rights and obligations as a Subscriber and/or as a Parent, Student, or User of the Service(s), Website, Session(s), and/or any other product or Service of iTutorEnglish.com, owned and operated by iTutorEnglish.

Website” is defined as www.itutorenglish.com, itutorenglish.com,  https://itutorenglish.com, Company owned subdomains, internet or web pages contained in or on (an) extension of this domain or other Company owned domains or subdomains, Company owned SSL Certified Domains and/or SSL Certified Subdomains, and other website(s) and/or internet pages of the Company. The singular use of “Website” shall include the plural, and the plural use of “Websites” shall include the singular.

Company” (also referred to as “we”, “us”, or “our” in this Agreement) is defined as iTutorEnglish, and includes owner(s), partner(s) in ownership, officer(s,) director(s), operator(s), employee(s), successor(s), assign(s), heir(s), executor(s), administrator(s), and shall include all subsidiaries, owned affiliates, divisions, and parent companies of iTutorEnglish.

Minor(s)”, “child”, “children”, refers to anyone under the age of 18.

Parent” and “Parents” means any parent(s), guardian(s), or other legally responsible adult(s) that may make legal and binding decisions on behalf of those Minor(s) they are responsible for or share a legal responsibility for and/or who have the recognized authority to make decisions for the Minor(s) and/or consent to the processing of the Minor(s) Data or information. 

Service” means any Service provided by the Company and includes but is not limited to: using and/or accessing Company Website(s), entering any information on Company Website(s), signing up for membership, logging in, starting an account(s), using account(s), finding a Tutor, booking an appointment(s), managing booking(s), buying package(s), filling out any form(s), signing up for, attending, having or participating in any type of virtual or online class(es) or Sessions with the Company, interacting with Company’s Tutor(s) and/or subcontractors and/or employees, and any other interaction or behavior with the Company where any information may be given and/or exchanged what-so-ever to use any product(s) offered by the Company, or to benefit from Company. General and regular Services include but are not limited to live online audio/video Session(s), class(es), lesson(s), email communication, homework, worksheets, pre-recorded audio and/or video lessons, and other such online communication method(s) and tool(s). The singular use of “Service” shall include the plural, and the plural use of “Services” shall include the singular.

Session” Session(s) are Service periods of direct interaction rendered between Tutor(s) and Student(s) through video conference. Sessions begin at the beginning of the appointment time of a Session and/or when a user joins video conference and continues until the conclusion of the video conference period when the Tutor ends the video conference. The singular use of “Session” shall include the plural, and the plural use of “Sessions” shall include the singular.

Recording” Means recorded, copied, or transferred audio, video(s), voice(s), picture(s), likeness(es), or other representation(s) including Data of any Student and/or Parent(s) and/or Users during Services with a Tutor. (Please see Company Privacy Policy for additional information on “Recording”.)

Privacy Policy” means the Privacy Policy of the Company. The Privacy Policy is available at itutorenglish.com/privacy-policy. You are encouraged to read the Privacy Policy.

Tutor”- For the purposes of this Agreement, “Tutor” shall mean any person who has agreed to provide Services to you as you are subject to the terms and conditions of this Agreement. Tutor(s) are engaged by Company, employed by Company, subcontracted by Company, or who otherwise work with Students directly in the course of Service(s) and/or Session(s) and who are also listed on the Website of the Company ‘Team’ or ‘Tutor Team’ webpage. The singular use of “Tutor” shall include the plural, and the plural use of “Tutors” shall include the singular.

Student” means any pupil and/or learner, regardless of age, enrolled in or making use of Service(s), Session(s), or with limitation the Website.

Data” includes personally identifiable information such as name, e-mail address, phone number, country of residence, language, age, picture(s), image(s), video(s), likeness, voice(s), audio and/or video Recording(s), address if necessary to process payments through payment processor(s), some types of payment information, form submissions, English level, and any other personally identifiable information as provided to us by you, by other companies or services, or as you provide to us. Further definition of “Data” may be found in the Company Privacy Policy.

you”, “your”, “User(s)”- In this Agreement, "you", "your", and “User” refer to the person using the Service what-so-ever, registering on or using the Website, or using the Session(s) regardless of whether an adult pupil, Parent, Student, or a Minor(s) as applicable if Parent allows Minor(s) to use Website, Service(s), or Session(s).

Feedback”- When you, the Parent, Student, or User provide us directly or indirectly through third parties with information or comments concerning Session(s), Service(s), Website(s), suggestion(s) for improvement(s), rating(s), idea(s), error(s), problem(s), complaint(s), or any other matter(s) related to our Service(s).

Content” - Means any and all information provided by you in connection with your use of the Service, including without limitation information, Data, messages, text, files, images, video, images, sounds, other materials, and any of the foregoing provided by you. Please note that this definition only applies when the word “Content” starts with a capitalized “C” as in “Content” and is not the same as “content”. Content for this definition of “Content” primarily occurs in and around section 25.5

Headings in bold are for reference only and do not affect or change interpretation of this Agreement based on where they or any points or subpoints may be located in this Agreement.

Table of Contents:

Definitions and Table of Contents

1. Scope of Service

2. Access to the Sessions

3A. Payment and Refunds,

3B. Fee Changes

4A. Bookings

4B. Cancellation Policy and Late Arrival

4C. Force Majeure and Emergency Events

5A. Service Terms,

5B. Direct Parental Consent Part A

5C. Direct Parental Consent Part B

6A. Obligations and Rights for Tutors

6B. Obligations and rights for Users of Service

7. Limitation of Liability

8. Liability Disclaimer

9. Termination and Intellectual Property

10. Copyright Policy, DMCA, Your Technical Responsibility for Your Data

11. Prohibited Uses of the Service and/or the Content in the Service

12. Assignment and Other Dealings

13. No Partnership or Agency

14. Waiver

15. Entire Agreement

16. Severance

17. Notices

18. Sessions and Time Zones for the Sessions

19. Counterparts

20. Rights of Third Parties

21. Arbitration and Governing Law; Timely Filing of Claims

22.Tutors

23. Translation

24 Packages and Subscriptions

25 Feedback, Suggestions, Error Reporting, License to Content

26 Miscellaneous, Disclaimer of Warranties

27 Consent to Agreement

1. Scope of the Service

1.1 The Service is intended solely for your personal use as described in this Agreement. The intellectual property and materials in this Service is not sold to you and are for use only under the terms of this Agreement. Provided that you have complied with, and continue to comply with all the provisions of this Agreement, Company hereby grants that you may use the Website, Session(s), and Service for the purposes described in this Agreement. The terms of this Agreement and any updates to this Agreement will govern any upgrades provided by Company that replace and/or supplement the Service, unless such upgrade is accompanied by a separate terms of use agreement, in which case the terms of that agreement or the updated Agreement will govern. Some components of the Service may also be governed by applicable open-source licenses, Creative Commons license(s), or other third-party licenses. In the event of a conflict between the terms of this Agreement and any such licenses, such licenses shall prevail with respect to those components.

1.2 The Service is provided to help assist you to learn English. Company shall provide online learning assistance Service(s) to you via the Company’s choice of video conference platform in return for a fee charged for Service(s). Services are scheduled through Company Website.

1.3 We want others to benefit from our Service(s) too, but you may not reproduce the contents of the Website or any portion of any Service(s) Company provides on other website(s) or any another service. You may direct others to the iTutorEnglish.com Website to share your enthusiasm for learning English and to recommend iTutorEnglish.com to other people.

1.4 The English Sessions will be conducted by the Tutor(s) through the Company’s choice of virtual classroom and/or video conference using the software specified by the Company. You shall be responsible for installing the software to access the Sessions on the computer or mobile device prior to the Session(s).

1.5 The schedule of the Sessions will be communicated to you in the manner specified by the Company which may include emails, text, SMS messages, and other options as employed by the Company. You may log into your account on the Website by clicking “Log In” and entering your log in credentials (login name and password). After you have logged into Company Website, you can access your schedule of Sessions by clicking on the relevant button. You are responsible for knowing when your Sessions occur and for being present during them.

1.6 As a part of the Services, the Company may enable you to contact the Tutor(s) who appear on the Website that you also have Session(s) with.

1.7 The Company is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of your usage of the Services, Website, or Sessions, including but not limited to your reliance upon any information provided by any Tutor at any time.

 

1.8 Company assumes no responsibility or liability for any errors or omissions in the content of Services, Website, or Sessions. The information provided on the Website, during Services, and during Sessions is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness and without any warranties of any kind whatsoever, express or implied.

1.9 The Tutor you select when booking Services may not be the Tutor Services are rendered from. The Company reserves the right to make substitutions, changes, and alterations to the booking(s) at any time and to replace selected Tutor(s) with any other Tutor engaged to provide Services on behalf of the Company at the last minute, and/or on short notice, and/or during Sessions. Although we will make efforts to, you may or may not be notified of such changes.

2. Access to the Sessions

2.1 In order to access the Services, you must register for an account via the Website. If you already have an account on the Website, you can log into your account using your User name and password or login information.

2.2 You shall only register one (1) user account on the Website. Your user account is personal and cannot be shared with, transferred, or assigned to any third parties. You shall be responsible to keep your account log-in details confidential and are responsible for any purchases made through your account that may be made from others you have shared your account information with, either knowingly or if such login information is lost or stolen due to negligence on your part.

2.3 In the event that multiple persons in your household wish to use the Services, you must register additional account(s) for each User on the Website with a different email address. Only in this case are you allowed to register more than one (1) account on the Website.

2.4 If you lose your account login information, you may recover it through the ‘forgot login’ and/or ‘forgot password’ or similar functions on the login page. If you have difficulty resetting your login and/or password, you may email Suport@iTutorEnglish.com with “Reset Login/Password” in the subject field. We will do our best to assist you.

2.5 If your login information becomes lost or stolen, please let us know immediately so we may monitor your account for unauthorized activity. Upon such circumstances, we may place your account “on hold” until such a time as the risk has subsided, or as designated by you within reasonable time limits.

2.6 Company reserves the right to terminate User account for any reason or no reason at any time.

2.7 Login information to enter each Session may be accessed through your personal ‘Bookings’ page(s) and/or as given through email.

2.8 Subject to the restrictions set out in this Agreement, you may view and use the Website, book Service(s), participate in Session(s), and use the Service for your own personal noncommercial purposes. You may also access attachments in e-mails sent from the Company or Tutor(s) for your personal non-commercial use.

 

3A. Payment and Refunds

3A.1 In consideration of the Services, you shall pay the Company a fee as indicated for the Service on the Website.

3A.2 Fee must be paid in full before Services can be rendered. At no time is Company under any obligation to render Service(s) for Scheduled but not paid Session(s). If Company, at it’s sole discretion, renders Services for an unpaid Session, immediate payment is required from User, Student, or Parent to Company for such Session. Company may charge an additional fee for payment being late, not to exceed the cost of 1 additional Session.

3A.3 Payment must be made at the time of booking Services using one of the payment options on Website or associated payment processors website(s). Payments must be made at least 24 hours in advance of scheduled Sessions.

3A.4 Payment processing related to the Services is performed by payment processors on behalf of the Company. You may select which payment processor best fits your needs from those on the Company Website and/or designated on the checkout page. You may have to use a different payment processor depending on the type of payment method and/or currency used. If no payment processor designated on the checkout page(s) can or will accept your currency and/or the payment method used, you may contact Support@iTutorEnglish.com to report the issue. We will do our best to assist you.

3A.5 You agree to pay all fees or charges to your Account in accordance with the fee schedule as it appears on the Website for each Service. You agree to pay all charges and to abide by billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide the payment processor with valid payment information in connection with your orders. By providing the payment processor with your payment information, you agree that (i) the Company and/or it’s payment processors is authorized to immediately bill, levy, or send invoice to/on your payment method for all fees and charges due and payable to the Company hereunder, (ii) the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment processing providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify the Company of any change in your payment information. The Company reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, the Company reserves the right to either suspend or terminate your access to the Service. 

3A.6 When you provide payment information to the Company or to one of its payment processors, you represent to the Company that you are the authorized user of the card, PIN, key, or account associated with that payment, and you authorize the Company to charge your credit card or to process your payment with the chosen third-party payment processor for any fees incurred by you on the Website. The Company may require you to provide your address or other information in order to meet its obligations under applicable tax law.

3A.7 If your subscription and/or payment for the Sessions on the Website is subject to any type of use or sales tax or VAT, then the Company may also charge you for those taxes in addition to the other fees for Services published on the Website. You agree to provide payment in the stipulated currency and you are responsible for any relevant conversion charges.

3A.8 Please use the trial Session to decide if the Service of Company is right for your needs. We do not issue refunds as the Services and Sessions are virtual, with no tangible material goods exchanged or included in Services. No refunds are permitted for payments already made. To redeem the value in your account or for quantity of Sessions already paid for, whether individually, as a package, or as part of a subscription, you may book Sessions with Tutor(s). 

3A.9 There will be no partial refunds for any remaining and/or unused Packages of Session(s). If you signed up for a recurring subscription, you may cancel before your subscription renews. Cancellations made after your subscription renews will be honored on the next subscription cycle, and will not be refunded. Please make sure to submit all cancellation requests at least 7 days before your subscription renews.

3B Fee Changes

3B.1 Company reserves the right in its sole discretion to modify fees at any time and for any Service, including subscriptions.

3B.2 Any fee change will take effect upon display on the Website, excepting that any subscription fee change will become effective at the end of the then-current billing cycle.

3B.3 Company will provide you with reasonable notice prior to any change in subscription fees so you have time to terminate your subscription before the updated fees become effective.

3B.4 Your continued use of the Service and/or Session(s) after the subscription fee change comes into effect, or you not terminating your subscription before it renews, either automatically renewing or manually renewing, constitutes your continued acceptance to pay the updated subscription fee amount.

3B.5 We reserve the right to refuse or cancel your order at any time for reasons including but not limited to Service availability, errors in the description or price of the Service or Session, error in your order or with payment processing, failure to provide payment, or other reasons.

3B.6 We reserve the right to refuse or cancel your order if fraud or an unauthorized transaction is suspected.

3B.7 You will not be charged for any change(s) in fee unless you have agreed to it by purchasing any part of the Service as displayed with the changed price, or by continuing to use the Service after the fee change comes into effect. 

3B.8 Coupons may be issued by the Company and can be used on the checkout page. To redeem your coupon please use it before completing check out. If a coupon is issued for you specifically, please do not share it with others. In the event you share your personal coupon with others, Company reserves the right to remove discount(s) and/or not to honor the coupon for classes booked.

Bookings

4A Scheduling Bookings

4A.1 Bookings may be made on Company Website after logging into your account with your login and password.

4A.2 After accessing your account on the Company Website, you may access the ‘Booking’ page to view available dates and times for Sessions with Tutors. You may select which Tutor you choose to have Sessions with and continue to proceed to the payment method. If you have pre-paid for your Sessions, you will be able to book a Session using the Session(s) you have remaining in your Company account.

4A.3 Please be sure to select which Tutor you would like to have Sessions with before you proceed to the payment method. If you select a different Tutor than whom you intended, Company may not be able to change the Tutor to the desired Tutor, and Session may not be able to be rescheduled.

4A.4 Due to the nature of booked Sessions and scheduled Services, please understand we may not be able to change a booked class once the booking has been made. Such would not be fair to other Users of the Service if it negatively impacts their booking(s) or the Tutor schedule(s).

4A.5 Any change in booking date or time(s) must be given at least 24-hours prior to the start time of any Session to be valid.

4A.6 You certify that you are not a Minor or person under the age of 18. Minors may not make Bookings or use Service without Parental consent.

4A.7 You are responsible to protect your login information from unauthorized use, including from any Minors who may make purchases on your behalf without your consent. You are responsible for the actions made on or from your account. If a Minor does make a Booking, payment, or other such actions, you are fully responsible for satisfying any and all such actions including purchases. Please protect your account login information from any unauthorized uses.

4A.8 Session(s) duration may vary based on the Session(s) booked on the Website. A Session is considered completed when any of these conditions have been met: when the Student is present and the scheduled booking time for the Session has elapsed, or when the Tutor closes or stops the video conference, when half the scheduled Session time has elapsed and Student has not joined the video conference, or when the Session is complete upon the determination of the Tutor, or in the case of audio/visual and/or network connectivity issues, at the determination of the Tutor.

 

4B Cancellation Policy and Late Arrival

4B.1 You may cancel a Session(s) by giving at least a 24-hour prior written notice to the Company requesting a cancellation of any Session(s) to Support@iTutorEnglish.com.

4B.2 If you give 24-hour notice of Session cancellation, Company will not deduct the credit and/or payment for that Session from your account balance with the Company, and you may reschedule the Session as possible on the Company Website.

4B.3 If you fail to give at least a 24-hour written notice to the Company to cancel or reschedule a Session, then you forfeit payment for that Session.

Examples:

You cancel a class 24 hours before it starts by sending us an email.

You will not be charged for the class. The cancellation is valid.

You cancel a class 8 hours before it starts by sending us an email.

You will still be charged for the class. The cancellation is invalid because you did not give at least a 24-hour notice of cancellation.

4B.4 If you fail to attend a Session(s) you forfeit payment for that Session(s).

4B.5 The Company may cancel any Session(s) with a 24-hour notice to you. In such a case, the Company agrees to apply any payment made for that Session to a future Session booked on the Company Website.

4B.6 If you join the Session late, no adjustment to fees shall be made for time lost nor will Session be extended. In the unlikely case of late arrival by the Tutor, you shall be compensated by the Tutor extending the Session by the amount of time that was lost (even if this is necessary over several Sessions to stay within scheduled booking times). If the Tutor was more than 15 minutes late, please contact Support@iTutorEnglish.com and include the Session time, date, and Tutor so we can resolve the problem on your behalf.

4B.7 In the unlikely event that Tutor does not arrive at all for the Session, you will not be charged for that Session. Company will accomplish this by not deducting (or refunding) the credit and/or payment for that class from your Company balance. You may reschedule the class as possible on the Company Website. Additionally, you will be granted a Session at no cost to you.

4B.8 Tutor will wait for up to half of the Session time for you to arrive before leaving Session. Sessions are planned to accomplish certain teaching goals, and less than half the Session time would be inadequate to accomplish the goals for a Session. If half the Session time has elapsed and you have not arrived in the Session, you forfeit the remainder of the Session time.

4B.9 Company reserves the right to cancel any Session(s) at any time, even without 24-hour notice. If this happens, Company will not deduct (or will refund) the credit and/or payment for the class(es) from your Company balance, and you may reschedule the class as possible on the Company Website.

4C Force Majeure and Emergency Events

4C.1 While not in conflict with the emergency cancellation clause, neither the Company, Tutor, Student, Parent, or User shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. Such events are but may not be limited to: power outage, earthquake, tsunami, flood, fire, severe storm, riot, civil unrest, and other such circumstances. Company may require proof of the validity of the force majeure event.

4C.2 Self-induced frustration does not qualify for a force majeure event including: forgetting about the Session, confusion over differences of time zones, being late due to transportation or other reasons, neglecting to cancel a Session in accordance with this Agreement, or other forms of self-induced or avoidable circumstances.  

4C.3 Emergency cancellation clause: From time to time, unforeseen emergencies happen to everyone. In the case of unforeseen, valid emergencies, the payment of Session may, but is not required to be, waived at the discretion of the Company. Company may require proof in certain cases of the validity of the emergency. If Tutor has an emergency, Company will not deduct (or may refund) the credit or payment for that class from your Company balance, and you may reschedule the class as possible on the Company Website.

5 Terms, Direct Parental Consent Part A, Direct Parental Consent Part B

5A. Service Terms

5A.1 You may not access or use the Service provided through the Website or create an account for unlawful purposes. Your use of the Services and behavior on the Website must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that apply to you. Company holds no liability for your usage of Services due to laws or regulations imposed on you by the government where you reside and will not be held liable for any damage(s) that may result therefrom. You agree to indemnify, defend, and hold harmless the Company in the event of any local or country-wide law prohibiting or restricting you from accessing or using the Services.

5A.2 You understand and agree that the material and content shared by the Tutor in any Session must not be shared, copied, photographed, screenshot, and/or recorded in any manner or in any way and must never, even after ending the relationship with the Company, be distributed to third parties. The Company reserves the right to terminate your access to the Service in its sole discretion if the Company suspects that you have shared any Session log-in information or intellectual property with a third party.

5A.3 Company does it’s best to maintain an operational and useable website. However, due to the nature of participating in a virtual environment interruption(s) to Service(s) may occur. You accept that you will not have any recourse against the Company if the Website and/or the Service is down or nonoperational, either for planned or unplanned maintenance.

5A.4 You accept and agree to the Company Terms of Service, Company Privacy Policy, and as applicable the Company Cookie Policy (if you agree to accept cookies). Each of these may be amended and/or changed from time to time and updates will be posted on the Website. 

5A.5 Consent by a Parent(s) to enter into this Agreement is binding upon their Minor(s) to the extent allowable by law when Parent(s) allow Minor(s) to have access to or participate in Service(s) and/or Sessions.

5A.6 You agree not to use any payment provider of Company to make a purchase with Company unless you are at least 18 years old. Minors registering for, using Services, Sessions, or Website without Parental consent is a violation of Terms.

5A.7 You certify that if lessons are for your Minor children that you give your approval and consent for lessons to take place and that you will always accompany your child (off screen) during lessons.

5A.8 Company may, but is not required to record Sessions for internal use and quality control. You may request a copy of Recording(s) that may be made by email at Support@iTutorEnglish.com.

5A.9 Company would like to use Recording(s) of Sessions for advertisement purposes, but will only do so with your additional direct consent. It will be plainly apparent if we request your additional consent for this purpose. You are not required to give your additional consent for advertisement purposes. Withholding consent for Company to use Recording(s) of Session(s) for advertisement purposes will not negatively impact your use of Services.

5B Direct Parental Consent Part A

5B.1 When you make a financial transaction with Company you are giving your direct consent for Company to render Services to Minor(s) in the vicinity of Services being rendered if you allow Minor(s) to be present during Session(s) or Service(s).

5B.2 Due to the complexities and challenges of keeping children separate during the time(s) Service(s) are rendered and for continuity of Services and Session(s), YOU ARE CHOOSING TO GIVE COMPANY PERMISSION TO RENDER SERVICES TO ANY MINOR IN THE VICINITY OF THE SERVICES DURING SESSION(S).

5B.3 You recognize, acknowledge, and consent to incidental and/or direct interaction that may occur with any Minor if Minor enters into the vicinity of Services being performed. You acknowledge and consent to the Company or Tutor(s) interacting with any children present during Session(s) or Service(s), even if the Minor that enters into the vicinity of Services being rendered is not the intended Minor you wanted to have Services rendered to or interacting with Tutor(s).

5B.4 BY KEEPING AND/OR HAVING MINORS IN THE VICINITY OF SERVICES, YOU ARE GIVING YOUR CONSENT FOR COMPANY AND/OR TUTOR TO RENDER SERVICES TO MINOR(S) YOU ALLOW IN THE VICINITY.  

5B.5 You hereby affirm that you are the Parent(s) of any child you may allow in the vicinity of Services being rendered. You agree to not availing yourself of any Services and/or Sessions in the presence and/or vicinity of any Minors whom you do not have authority to give consent for. You agree to not allowing any other person under 18 to be in the area(s) Services are being rendered except your Minor(s).

5B.6 You will only allow your own Minor(s) into the range of camera, video, audio, and/or in the vicinity of Services and/or Session(s) while they are being rendered.

5B.7 You agree that your consent is given to interact with any Minor present from the time of the first transaction you make until you revoke your consent in writing to Support@iTutorEnglish.com, including “Revocation of Parental Consent” in the subject line.

5B.8 Company uses and keeps records of financial transactions as a means to verify direct parental consent in the case of a Minor(s) who may also be a User or Student upon their Parent(s) consent. Company may require a credit card to book any Service or Session with children. This is to ensure that a Parent has approved and gives their consent to the Minor having Services rendered to them.

5B.9 If you do not want Company to render Services to any Minors under your care, you may:

  1. Take adequate steps to prevent Minors from entering or intruding on Services during their rendering and/or Keep Minors out of the area and out of your camera when Services are being performed.

  2. Have Sessions in a location inaccessible to Minors.

  3. Have Sessions at a time when Minors are not present.

  4. Choose not to use the Services and/or Website of the Company.

  5. Or you may revoke your consent for Company providing Services to any or specific Minors under your care by making a written request to: Support@iTutorEnglish.com and including “Revocation of Parental Consent” in the subject line. Please include the name(s) of the Minors you wish to revoke consent for.

5C Direct Parental Consent Part B

5C.1 FOR GREATER CLARITY, WHEN YOU MAKE A FINANCIAL TRANSACTION OR ANY OTHER VERIFIABLE DIRECT PARENTAL CONSENT WITH COMPANY, YOU ARE AUTHORIZING COMPANY TO RENDER SERVICES TO ANY MINOR(S) IN THE VICINITY OF SESSION(S) AND/OR WHOM YOU HAVE GIVEN CONSENT FOR.

5C.2 YOU ALSO AGREE THAT THERE WILL ONLY BE MINORS UNDER YOUR CARE IN THE VICINITY OF SERVICES BEING RENDERED AND THAT THOSE YOU ALLOW TO HAVE SERVICES PERFORMED FOR ARE ONLY MINORS YOU HAVE THE LEGAL RIGHT AND/OR AUTHORITY TO GIVE CONSENT FOR. 

5C.3 YOU AGREE TO BE BOUND BY THE COMPANY TERMS OF USE, COMPANY PRIVACY POLICY, AND COMPANY COOKIE POLICY AT ALL TIMES TO THE FULLEST EXTENT ALLOWABLE BY LAW.

5C.4 YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARLMESS COMPANY OWNER(S), COMPANY, AND TUTOR(S) FROM ANY DAMAGE(S) OR INJURY(S) CAUSED BY COMPANY AND/OR TUTORS(S) TO ANYONE REGARDLESS OF AGE WHO YOU ALLOW TO HAVE SERVICES PERFORMED FOR AND/OR WHO YOU ALLOW IN THE VICINITY OF SERVICES BEING RENDERED.

5C.5 YOU ARE LEGALLY RESPONSIBLE NOT TO ALLOW ANYONE WHO IS UNDER 18 IN THE VICINITY AND/OR WITHIN CAMERA RANGE OF SERVICES AND/OR SESSIONS UNLESS THEY ARE YOUR MINOR(S) AND YOU HAVE GRANTED CONSENT FOR COMPANY TO PROVIDE SERVICES FOR THEM.

5C.6 IF THERE ARE ANY MINORS IN THE VICINITY OF SERVICE(S) AND/OR SESSON(S) BEING RENDERED THEN COMPANY CONSIDERS THIS TO BE YOUR DIRECT PARENTAL CONSENT FOR RENDERING SERVICE(S) INCLUDING SESSION(S) TO THOSE MINOR(S) IN THE VICINITY OF SERVICE(S).

5C.7 YOU AGREE TO BE HELD LEGALLY RESPONSIBLE FOR ANY AND ALL PRIVACY BREACH(ES) OF OTHER PERSON(S) REGARDLESS OF AGE WHO YOU ALLOW IN THE VICINITY OF SERVICE(S) OR SESSION(S) WHO YOU DO NOT HAVE AUTHORITY TO GIVE CONSENT FOR AND/OR HAVE NOT GIVEN CONSENT FOR.

 

Obligations and Rights

6A Obligations for Tutors 

6A.1 Tutor(s) may conduct each Session in a manner they believe to be in the best interests of the Student(s). Sessions will focus on but are not limited to: speaking, listening, reading, and writing practice as the Tutor sees fit for the progress of the Student and/or as Parent(s) have requested. Additional areas of focus include vocabulary, alphabet, phonics, grammar, conversation, comprehension and other various skills, or activities as the Tutor determines and sees fit for the needs of the Student or User.

6A.2 Tutor will decide the best format and contents of the Session, which may include text, pictures, video(s), audio recordings, activities, evaluations, worksheets, conversation practice, writing exercises, and any other material Tutor sees fit to help the Student improve their English ability.

6A.3 Tutor will arrive in the virtual meeting, begin, and end Session(s) in a timely manner, adhering to the scheduled booking time(s) of the Session(s), and will include as much material in the Session(s) as Tutor feels is best for the Session goal and for the personal pace and learning capabilities of the Student.

6A.4 Tutor will conduct continual informal evaluations and may take personal notes to identify and address areas of deficiency in the Student’s use of the English language to provide the best assistance and adjusted goals for the practical needs of each Student.

6A.5 Tutor will patiently help Student improve their English ability according to the Student(s) abilities. Tutor will correct the Student as the Tutor sees fit to help the Student improve.

6A.6 Tutor may give brief feedback on the Session(s) outcome by written, verbal, audio recording(s), video(s), or through any other reasonable means during or after the Session. Feedback may focus on the Student performance, strengths, areas for potential improvements, or other matters Tutor sees fit to include or address. However, at no time is Tutor required to give feedback. Feedback is not a requirement for the completion of Session(s).

6A.7 The Tutor will arrive on time to the Session(s) with a working microphone, camera, and the necessary software to perform the Sessions.

6A.8 Tutor reserves the right during Sessions to turn off your video and/or audio at any time and for any reason. Tutor reserves the right to turn off their own camera and/or audio at any time and for any reason.

6A.9 Tutor reserves the right to exit the Session in the event of any circumstance that, in their sole opinion, is inappropriate and/or out of harmony with the Session.

 

6B Obligations for Users of Services

6B.1 You agree to book and pay for Sessions at least 24 hours in advance of the Session.

6B.2 You agree to have a working microphone and camera of sufficient quality to facilitate Services and Sessions being rendered to you. You agree to make any changes to your audio/video and/or internet network connection as needed or as recommended by the Company or Tutor to be easily heard and seen during Sessions. Company recommends using an excellent quality microphone, camera, and speaker system to achieve the best results of Sessions.

6B.3 You agree to enter the Session using the approved and recommended video conferencing software required by the Company at least 5 minutes prior to any Session, and to test your audio and video to ensure they are in working order prior to the start of Session. If you have never used the videoconferencing software before, please familiarize yourself with the functions of the software before your first class so you can use the included drawing and/or writing tools to participate fully.

6B.4 If you are not able to arrive at least 5 minutes early for the Session(s) you agree to be present in the video conference at the start time of the Session and for the whole duration of the Session.

6B.5 You agree to try (to the best of your ability and circumstances) to have a distraction-free environment during Sessions. You agree to try to do your best during Sessions. You agree to try to do your best to complete any assignments or activities set by the Company or Tutor. You agree to practice English between Sessions. Although your progress will improve if you complete any assigned homework, completing homework is not mandatory.

6B.6 You agree to keep your camera and audio on during Sessions except during times where it would be inadvisable or inappropriate to do so.  Please be thoughtful of who might be entering your camera, how they are dressed, and what their activities are to preserve the dignity of others. You agree not to take the camera or device you are using into any bath, bathroom, or any other inadvisable or inappropriate locations during Sessions. In the case of your entering any such location or showing any such inappropriate behavior, the Tutor has the option to exit the videoconference and not re-renter for the remainder of the Session. Under such circumstances, your Session is immediately forfeited. If it can be discerned through e-mail communication that you have exited an inappropriate location or resolved any such inappropriate behavior, your Tutor may, but is not required to, resume the Session at their discretion.

6B.7 If you desire to have certain course material used in class, you may provide a copy of the course material to the Company with at least 2 weeks notice of when you want to start using it or with sufficient time for the Company to make efforts to get permission from the material copyright owner for it to be used in Session(s). ​If there is any fee required from the copyright holder to use the requested material in Session(s), you will be contacted and may be asked to cover the fee to the copyright holder to use the material during Session(s). If you have any questions or have specific material you want used in the Session(s), you may email Support@iTutorEnglish.com and include “Material” in the subject line. Company reserves the right not to use the requested material at any time and for any reason.

6B.8 You must have at least the minimum hardware configuration and bandwidth required to use Zoom or any other video conferencing tool as may be used by the Company now or in the future. Current bandwidth requirements are approximately 4Mbps up and 4Mbps down. Ping must be less than 500ms. You are encouraged to have greater than the minimum bandwidth requirements set forth by Zoom or the Company selected then-current video conferencing tool. The minimum hardware configuration and Bandwidth requirements for Zoom can be found at the following website address: https://support.zoom.us/hc/en-us/articles/201362023-Zoom-system-requirements-Windows-macOS-Linux

6B.9 You understand and agree that to use Services of the Company, you must have a stable working internet connection and additional fees to your internet and/or network service provider may be required. Company is not responsible for providing User with internet, network connectivity, and/or any other technology, software, or hardware configuration. User is responsible to provide any and all such equipment, hardware, and internet connectivity as required to use Services, Company Website, email, and Sessions.

7. Limitation of Liability

7.1 The Company makes no guarantees, warranties, or representations of any kind, expressed or implied with respect to the Services rendered subject to this Agreement. In no event shall the Company be held liable to you for any special, direct, or consequential damages. 

7.2 You and Company agree that the rights and benefits held and received by you through the Service under the Agreement shall only be enforceable upon the terms of this Agreement, and any liability in respect of any breach of such rights and benefits shall be determined solely in accordance with the terms of this Agreement.

7.3 You shall indemnify, defend, and hold Company and each of the Company Parties harmless from and against any and all threatened or actual claims, actions, suits, demands, and any and all resulting losses, labilities, damages, expenses, and costs, including without limitation reasonable attorney’s’ fees and disbursements, which arise in connection with or which are related to your use of the Service and/or any content contained in the Service, including but not limited to (a) your breach of this Agreement, including your use of the Service in any manner not expressly permitted hereunder, (b) your negligence or misconduct, (c) your violation of any law or regulation, (d) any representations and warranties made by you concerning any aspect of the Service and/or the content in the Service, (e) any claims with respect to acts or omissions of any third party in connection with the Service and/or the content in the Service, or (f) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of the Service and/or the content in the Service. You indemnify the Company against any and all liabilities arising out of or as a result of Company providing Services and/or Sessions by accepting this Agreement.

7.4 You agree that the Company is not responsible for any inaction or actions, or for any indirect or direct undesired result(s) of any Services rendered by or in relation to the Company or Tutor(s). 

7.5 The Company makes no promises, guarantees, or warranties with regards to your performance as a result of any Services provided pursuant to this Agreement. You are not guaranteed to progress in English. Progress in English is determined upon the efforts, ability, aptitude, and determination of the Student. Company Tutors have a supportive role to assist progress the Student makes.

7.6 The information contained in the Website and/or during Session(s) and in the material used during Sessions is for general information purposes only. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Session(s), Website, or the information, product(s), packages(s), Services, material used, and/or related graphics contained on the Website or used in Sessions for any purpose. Any reliance you place on such information is strictly at your own risk.

7.7 In no event will Company, and/or Tutors, be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of profits arising out of, or in connection with the use of Company Services.

7.8 The Company, and/or Tutors, shall not be held liable for any accidents, injuries, actions, or other such events that may occur to Student and/or Users and/or Parents during the course of Services or Sessions. Parents are responsible for supervising Minors at all times during the use of Services. YOU AGREE TO AND MUST SUPERVISE AND MONITOR MINOR(S) AT ALL TIMES DURING THEIR USE OF SERVICE AND SESSIONS. AT NO TIME ARE YOU TO LEAVE MINOR(S) ALONE DURING THEIR USE OF THE SERVICES OR SESSIONS. Due to the nature of online learning, no Company and/or no Tutor can adequately intervene in a dangerous situation to prevent a Minor from harming themselves. (Examples include playing with scissors, jumping on the bed, standing on a chair, etc.) Company does not provide supervisory or child monitoring services. Company and/or Tutor(s) cannot and will not be held liable or responsible for any accidents, decisions, bad behavior(s), or action(s) of any Minor or adult(s) using Service(s) or Session(s) regardless of how such may have been encouraged or done whether through known or unknown factors, negligence, or otherwise. Parent(s) should be supervising Minor(s), but preferably not in the camera view unless talking with a Tutor.

7.9 THE FOLLOWING IS A LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENR PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ANY OF THE OTHER COMPANY PARTIES  BE LIABLE FOR ANY SPECIAL, INCIDENTIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, LOST DATA, BUSINESS OR GOODWILL, OR FOR ANY ANTICIPATED LOST PROFITS, BUSINESS OR GOODWILL, FOR LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR FAILURE TO MEET ANY DUTY INCLUDING THAT OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER MONETARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE CONTENT CONTAINED IN THE SERVICE (OR YOUR INABILITY TO USE THE SERVICE AND/OR ANY CONTENT CONTAINED IN THE SERVICE) OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. THE FOREGOING SHALL APPLY WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, FAULT, BREACH OF WARRANTY, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF COMPANY OR ANY OF THE OTHER COMPANY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER INVOLVING THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY OF THE DAMAGES REFERENCED HEREIN), THE ENTIRE LIABILITY OF THE COMPANY PARTIES COLLECTIVELY, AND YOUR EXCLUSIVE REMEDY HEREUNDER, SHALL BE LIMITED TO TEN DOLLARS ($10) OR THE COST OF ONE SESSION, WHICHEVER IS LESS. THIS LIMITATION OF LIABILITY PROVISION IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE PROVED INEFFECTIVE.

8. Liability Disclaimer

8.1 The Company is not responsible for any suspension or interruption of the Service(s), Session(s), and/or Website or any other part of the system due to force majeure and/or other related events. Your use of any forms on the Website whether before, during, or after Service(s) or Session(s) is done strictly at your own risk. Using any information on the Website or from the Service(s) is done strictly at your own risk. During some Sessions or Services we may read or discuss news articles regarding medical procedures or use other material(s) which can contain medical information. Any medical information or references to medical information is for informational purposes only and does not constitute medical advice, nor is it intended to be a substitute for obtaining professional medical advice, diagnosis, or treatment. The medical information is not designed, intended, or authorized for use in connection with medical or life-saving or life-sustaining decisions, systems, or procedures, or for any other purpose. Always seek the advice of a physician or other qualified health-care provider with any question you may have regarding a medical condition or treatment. The Company assumes no liability or responsibility for any errors or omissions in the content of any medical information.  The medical information discussed in Sessions, on the Website, or as part of Service(s) does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information. Reliance on any medical information is solely at your own risk.

8.2 Neither the Company nor any of its directors, employees or Tutors warrant that the Service and/or Website will be uninterrupted or error-free, or give any warranty as to the results to be obtained from availing of the Services, Sessions, and/or Website. In no event will the Company or its directors, employees or agents be liable to you for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to avail (for whatever reason), the Service, Sessions, and/or Website, including but not limited to damages resulting from loss of data or loss of profits.

8.3 The Company will only provide you with Services based on its current form and function. Company reserves the right to determine the current form and function, methods, class structure, progress, flow, content, and all other Session and Service parameters. Company may modify all or part of each or any current Service form or function at any time at our sole option.

8.4 Although the Company will use reasonable efforts to keep the Website, the information on the Website and Sessions reasonably accurate, the Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, Services and related graphics contained on the Website or in the Sessions for any purpose. All such information, software, products, Services and related graphics are provided "as is", “as available”, and with all faults. The Company disclaims all warranties and conditions with regard to this information, software, products, Services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, correctness, title and non-infringement.

8.5 While the Company uses best endeavors to ensure all your Data is secure and complete, we will not be liable for loss of profits or of contracts, loss of data, damage to your computer hardware or software, loss of business, loss of goodwill or reputation, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of use, and/or consequential loss arising out of or in connection with Website, Services, Sessions, or the information of Data/data contained therein.

8.6 You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, such as may be made by any third party related to (a) your use or attempted use of the Service and/or Website in violation of this Agreement; (b) your violation of any law or rights of any third party.

8.7 The Website, and/or Services may contain third party advertisements.  We assume no responsibility or liability for the content provided by any third-party advertiser inclusion on the Website. We are not responsible for the illegality or any error, omission, inaccuracy or problem in the advertiser’s content. Advertising does not influence any of our content on the Website. We reserve the right to refuse, reject, or cancel any advertisement for any reason at any time without liability.

8.8 Company takes no responsibility or liability for the content provided by any third party or any use made of such content by the User, whether or not arising from the negligence of any of the third-party providers or through any action, known or unknown, or negligence of the Company. If material used during Sessions is from a Creative Commons license, such material will indicate it in the opening page(s) of the material and is not subject to protections of intellectual property of the Company. Usage of any such material does not suggest the licensor endorses the Tutor and/or the Company. Modified works are indicated with an “M” letter on the title or file name.

8.9 Website may contain links to other websites which are not under the control of the Company. We have no control over and assume no responsibility for the nature, content, privacy policies, practices, or availability of any third-party sites or services. If you click on a link to another website, you will be directed to that website. We advise you to review the individual privacy policies of websites you visit. Trademarks and registered trademarks on the Website are the property of their respective owners.

 

9. Termination and Intellectual Property

9.1 This Agreement is effective until terminated by you or by Company. You agree that the Company, in its sole discretion, may terminate your access to Website, package(s), booking reservation(s) with the Tutor(s), and/or Session(s), at any time for any reason or no reason,  and without liability or obligation to you. Upon termination of this Agreement by the Company or by you, you shall cease using the Service, Website, booking reservation(s), and/or Session(s). It is the Company’s policy to terminate in appropriate circumstances the accounts of users of the Website who infringe on the Intellectual Property of the Company. In no event will the Company by liable for termination of this Agreement or disabling access to the Website, Service(s), booking reservation(s), Session(s), or any functionality made available to you. The Company reserves the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of the Services offered through the Website, Sessions, booking page(s) or to cease providing any part or all of the Website, Session(s), content, or related Services, and you agree that the Company will have no liability to you for this.

9.2 Your failure to adhere to this agreement (at our sole discretion) in whole or in part constitutes a material breach of these terms and Agreement and may subject you to immediate termination of your access to use this Service. You hereby expressly agree that we may terminate your access and/or account to use the Services at our sole discretion, for any reason or no reason. Upon termination of our Services you agree to pay any outstanding fees you may owe Company for Services and/or Sessions booked or rendered but not paid for. You will be notified if this Agreement is terminated or your access to the Website or your account is revoked.

9.3 If you no longer desire to use the Service(s), Sessions, or the Website, you may terminate your usage at any time. To terminate your use of Services, you may access your account with your login information, delete your booking(s), and delete your account. Please also notify Support@iTutorEnglish.com of the reason(s) why you are terminating your account so we may improve our Services in the future. If you do not notify us via an email immediately upon termination, we will accept the date you deleted your account as the date of your termination.

9.4 The rights granted to you hereunder in this Agreement will terminate upon any termination of your account, and your right to use the Website, Services, or Session(s) will terminate. Upon any termination of this Agreement, your account, or your use of the Services, the following provisions of the Agreement remain in full force and effect: 9.4, 9.5, 9.6, 9.7, 9.8, 11.1, 11.2, 11.4, 11.5, 11.6, 1.7, 11.8, 11.9, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.9, 13.1, 14.1, 15.2, 15.3, 15.2, 16.1, 20.1, 21.1, 21.2, 21.3, 21.4, 21.5, 21.6, 21.7, 25.2, 25.3 and 25.4. Any violation of these terms may subject you to liability and/or damages.

9.5 You agree to be bound by the Agreement with regard to Company Intellectual Property after termination of Service for an indefinite period of time not to be less than 105 years, and will not reveal, transfer, transmit and/or will not allow to be accessed or transmitted in any way, format, or by any means any Company intellectual property to anyone, including but not limited to any other person, or party for any reason. Without limitation any and all screenshots, photos, Recordings, email contents and attachments, and any other media, or text, anything in other formats now existing or existing in the future, files, or means what-so-ever that contain Company Intellectual Property remain the sole property of Company indefinitely regardless of how you acquired Company Intellectual Property and you agree under full penalty of law to be legally liable for any transfer of these materials to any other person, party, entity, or source while you are bound by this Agreement and after termination of this Agreement.  

9.6 Company asks you to erase any and all materials, curriculum, emails, media, Recordings, and/or other information that contains any Company Intellectual Property upon termination of Services and not retain any copies thereof. If you retain copies of any Company Intellectual Property, you agree to abide by all the surviving terms of this Agreement as indicated in term 9.4. At no time will you make or allow Company Intellectual Property available to others in any form including through social media.

9.7 The Company and its licensors shall retain ownership without limitation of any and all the information, pictures, screenshots, contents, lesson contents, Session material(s), other materials used during Services, logo(s), trademark(s), curriculum, teaching material(s), homework, tests, blog article(s), educational game(s), trial lesson(s), class Recording(s), webinar(s), audio file(s), email attachment(s), information on the Website, this Agreement, Company Privacy Policy, Company Cookie Policy, Services, Sessions, and all these in their entirety and without limitation of any kind shall remain the property of the Company at all times and all these as a group and individually are Company Intellectual Property. You undertake and agree that you shall not and that you shall not permit any other person, business, enterprise, company, or entity directly or indirectly, to: advertise, redistribute, rent, lease, loan, sell, resell, transfer, assign, distribute, reproduce, copy, publish, transmit, sublicense, create derivative works or otherwise disassemble, exploit, or make available any portion or all of Company Intellectual Property and/or otherwise broadcast any Session(s), contents, audio, video, pictures, screenshots, representations, curriculum, Session materials, other materials, and/or any Company Intellectual Property or protected Company information and/or Company Data and/or Tutor Data while bound to, upon termination, or after termination of this Agreement. You agree you have no right, ownership, interest in, or claim to any Intellectual Property of Company and that Company Intellectual Property including any such not here named, mentioned, or listed are protected by applicable intellectual property law. You may not reverse engineer, decompile, modify, adapt, translate (except translation for the purpose of understanding this Agreement) or disassemble any portion or all of the Service or Company Intellectual Property including without limitation any of its underlying ideas, algorithms, or structure, or use the Service to create new applications, programs, products or services (except as and only to the extent any forgoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components or materials included within the Service).

9.8 Company will prosecute to the fullest extent of international law any infringement or usage of Company Intellectual Property whatsoever by User, Parent, Minor, Student, and/or any other parties who have no right or interest in Company Intellectual Property. No one other than Company Tutors and as applicable Fellow Tutors actively using Company Intellectual Property during Sessions by permission of Company have any right whatsoever to use Company intellectual property. Any Intellectual Property used or made available in any form by Company or Tutors to Student(s), Parent(s), User(s), or Minor(s) is for the personal, private use of the Student(s) only, and is not a license for Student(s), User(s), Parent(s), or others to retain permanently or redistribute Company Intellectual Property or allow it to be redistributed to anyone in any way.

9.9 If you suspect that someone has used Company intellectual property without written consent of the Company, please write to Support@iTutorEnglish.com and include “Intellectual Property Violation” in the subject line with details of who, how, and when such violation(s) occurred. Please include URLs of websites of where violations took place with pictures if possible.

10. Copyright Policy, DMCA, Your Technical Responsibility for Your Data

10.1 Copyright Policy. 

We respect the intellectual property rights of others. It is our policy to respond to any claim that material used during or in relation to our Services, Website, or Sessions, infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or authorized on behalf of one, and you believe that a copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim in writing to Support@iTutorEnglish.com with “Copyright Infringement” in the subject field. Please include in your claim a detailed description of the alleged infringement with pictures if possible. You may be held accountable for damages (including costs and attorney’s fees) where your claim is found to be not applicable or for misrepresentation, bad-faith claim(s), or fraudulent claims of infringement. Please read the following directions for making a copyright claim:

10.2 DMCA Notice and Procedure for Copyright Infringement Claims:

You can contact our Copyright Infringement Officer at Support@iTutorEnglish.com. Please include “Copyright Infringement Officer” in the subject field of the e-mail.

You may submit a notification according to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Infringement Officer with the following information in writing (see 17 U.S.C 512 page 175 for further details):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

  4. Information reasonably sufficient to permit us to contact you or the person authorized to act on behalf of the copyright owner, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  5. A statement that you as the owner or your authorized agent 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 the law.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

10.3 Your Technical Responsibility for Your Data

Company collects and uses Data subject to terms of the Company Privacy Policy. You have responsibilities toward your Data when using the Services of the Company. Company will not be held liable for any Data breach if you do not meet the following requirements:

  1. You are required before using Services to have antivirus software of sufficient quality on your device to prevent the loss, theft, destruction, malicious tampering, corruption, or otherwise harmful ill-effect of your personal Data or system. You agree that Company cannot and will not be held liable for your use of Services or any alleged Data breach where such antivirus is lacking on your device, and that you are responsible for making sure your antivirus is adequate and up to date. You agree to giving Company, at Company request, proof of your active antivirus producer, product, definition, software revision number and any requested verification Company may request through you to or from the manufacturer of your software that such adequate antivirus software was consistently in use before, up to the point of, and in use at the time of any alleged breach in personal Data. Company reserves the right to confirm with the manufacturer that such was in use at the time of any alleged breach, and you consent to giving Company any and all information needed and requested by manufacturer to verify you were using it properly and fully at the time of the alleged breach.

 

  1. You are required before using Services, to secure the network and/or internet connection you use for Services with sufficient software and/or hardware so as to prevent any outside hacker, hijacker, phishing, spyware, trojans, worms, backdoors, and any other such monitoring, copying, scraping, or harmful intrusion into your network during use of Service(s). You agree that Company cannot and will not be held liable for any alleged privacy breaches during your use of Services where your network and/or internet connection is not adequately secured, and that you are responsible for making sure your network security measures are adequate and up to date. You agree to giving Company proof of your active network securing method including protection and monitoring software, manufacturer, model, software revision number, and network security hardware, hardware manufacturer, make, model, build, and/or firmware revision number, including any requested verification Company may request through you to or from the manufacturer of your network securing device and/or hardware that such network securing software and/or adequate network securing device was consistently in use before, up to the point of, and in use at the time of any alleged breach in personal Data. Company reserves the right to confirm with the manufacturer that such was in use at the time of any alleged breach, and you consent to giving Company any and all information needed and requested by manufacturer to verify you were using it properly and fully at the time of the alleged breach.

Failure to protect your hardware, software, network, and system integrity is a breach of this Agreement and may subject you to liability if any damage to Company is sustained from your unsecured hardware, software, network, and/or system(s) integrity. Failure to provide Company with adequate proof upon request of you meeting your requirements to protect your hardware, software, network, and system integrity is a breach of this Agreement and may subject you to liability in the event of any alleged Data breach. You agree Company cannot and will not be held liable for your failure to adequately protect your Data through your hardware, software, network, and/or system in the event of any alleged or actual breach of Data.

10.4 The terms regulating the handling of personally identifiable information and other information submitted by you in connection with the Service (except in the case(s) of Feedback(s) and reviews which are contained in this Agreement) is described in the Privacy Policy of this Service.

 

11 Prohibited Uses of the Service and/or the Content in the Service

11.1 You may use the Service only for lawful purposes and according to this Agreement. You agree not to use the Service and may not allow third parties to:

  1. In any way that violates any applicable national or international law or regulation.

  2. For the purpose of exploiting, harming, or attempting to exploit or harm Minors in any way.

  3. To transmit, solicit, advertise, produce or procure mailing lists or any kind, or promoting any advertisement or promotional material including spam or any other communication with similar intent.

  4. To impersonate or attempt to impersonate another User, person, entity, a business or other company, a Company employee, Tutor or governmental authority.

  5. In any way that infringes on the rights of others, or is in any way illegal, threatening, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  6. To engage in any other conduct that restricts or inhibits any person to use or enjoy the Service, or which, as determined by Company, may harm or offend sensibility, propriety, the Company, Company reputation, Tutors, or Users of Services.

  7. You may not and will not divert or attempt to divert Users away from Company. You may not and will not have any kind of class, lesson, or Session with Fellow Tutors without using the Website to schedule it. You may not and will not bypass the Company in any way to arrange any kind of relationship with Fellow Tutor(s) apart from the Company Service(s). Any attempt to bypass the Company Services and arrange any kind of English learning or virtual meeting with Fellow Tutors will result in the forfeiture of any fee paid for future Session(s), fees paid for packages and/or Company account balance. These actions will immediately result in the termination of this Agreement and may result in you being liable for liquidated damages payable to the Company. All Tutors have been trained to immediately report such actions.

  8. Provide any kind of  group(s), crowd(s), or others with the benefits of Company Service(s) by proxy (including being nearby others for this purpose during Sessions), or for them to observe the Session and thus benefit from the Services without the appropriate fee(s) to the Company.

11.2 You also agree that you may not and may not allow third parties to:

  1. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other persons activities in a way that limits their use of the Service.

  2. Use any robot, spider, or other automatic means or devices, process, code, or scraping program, to access the Service, Website, or Session(s) for any purpose, including monitoring or copying any material during Services, on the Website, or during Sessions for any reason.

  3. Use any manual process to copy, monitor, or otherwise infringe on Company Intellectual Property in any measure for any purpose.

  4. Use any device, software, or routine that interferes with the proper functioning or working of the Service.

  5. Introduce any viruses, malware, spyware, trojan horses, worms, logic bombs, or any other material which is malicious in nature or technologically harmful, or that which collects private Data of others, the Company, Tutors, Website, Sessions, or collects or retains any other information.

  6. Access or use the Services for the purpose of infringing on Company Intellectual Property rights. You may not use the Service(s) for the purpose of duplicating or making copy(s) of any Company Intellectual Property.

  7. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service. You may not attempt to gain or gain unauthorized and/or administrative access to: the server on which Services are hosted from, the server video conference is hosted from, or any server, computer, or database connected to and necessary for or associated with the performing of Service(s).

  8. Attack Service(s) via a denial-of-service attack or any distributed denial-of-service attack.

  9. Take any action that may invalidate, illegitimately tamper with, or falsify the Company rating.

  10. Take any action or do anything to interfere with the proper working of the Service, whether or not such action(s) or inactions are included in this Agreement.

  11. Post artwork, electronic publications, trademarks, music, photos, videos, or articles from this Service on the Internet (any website, file-sharing site, video-sharing site, or social network what-so-ever).

  12. Distribute artwork, electronic publications, trademarks, music, photos, text, or videos from this Service with or as part of any software service (including uploading such materials to a server for use by a software service what-so-ever).

  13. Reproduce, duplicate, copy, distribute, or otherwise exploit any artwork, logos, electronic publications, trademarks, photos, music, text, videos, or any other materials on this Service for a commercial purpose or for money (even if no profit is involved).

  14. Create for distribution purposes any software applications, tools, or techniques that are specifically made to collect, copy, download, extract, harvest, or scrape Data, HTML images, or text from this Service what-so-ever.

  15. Misuse the Service, such as by interfering with or accessing the Service or its Services using a method other than what is explicitly provided or in a way that is contrary to the purpose of the Service.

  16. Use this Service in any way that may cause, or causes, damage to the Service, or impairment of the availability or accessibility of the Service, or use it in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal fraudulent, or harmful purpose or activity what-so-ever.

  17. Use this Service or any of it’s contents, material, artwork, electronic publications, trademarks, music, photos, text, or videos for any purposes related to marketing what-so-ever.

  18. Use the Service or any of its content what-so-ever for commercial purposes or to offer to sell any commercial products or the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling, or obtaining illegal goods or weapons to attack others; information used to violate the copyrights(s) of, violate the trademarks(s) of, or destroy others’ intellectual property or information; information used to illegally harm any people or animals; or pornography, nudity, escort services, or other content deemed adult related what-so-ever.

  19. Use the Service or any of its content to violate or encourage the violation of the legal rights of others (for example, this may include but is not limited to the infringement of intellectual property rights of others in violation of the Digital Millennium Copyright Act.)

  20. Use the Service to send or distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature what-so-ever.

  21. Use the Service to engage in any activity that is determined by us, in our sole and absolute discretion, to be illegal.

  22. Use the Service to post, transmit, display, or otherwise make available obscene, profane, defamatory, harassing, abusive, or threatening language what-so-ever.

  23. Use the Service or its content for any unlawful, invasive, infringing, defamatory, or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme, or mirroring a website or Company Website).

  24. Use the Service to generate, distribute publish, or facilitate unsolicited mass email, promotions, advertisings, or other solicitations (“spam”) what-so-ever.

  25. Engauge in any activity that, in our sole and absolute discretion, disrupts, interferes with, circumvents, or is harmful to (or threatens to disrupt, interfere with, circumvent or be harmful to) the Service, our operations, or the ability of others to effectively use the Service as intended.

Company is not in any way responsible for any such prohibited uses by you or for any harassing, threatening, defamatory, offensive, illegal messages, or transmissions that you may receive as a result of using the Service.

11.3 Minors are not allowed to register or use Services or Website without parental consent. Minors doing so without Parental consent is a violation of this Agreement.

11.4 Company does not and will not tolerate any aggressive behavior, threats, abuse, or injurious speech directed at Tutors. Such is considered an immediate and unrepairable breach of this Agreement and may result in immediate termination of the Session, future bookings, package(s), account balance, and Services without refund.

11.5 You must not link from any website to the Company Website(s) for any reason without consent from the Company.

11.6 You must not infringe on or otherwise use any Company Intellectual Property in any way without permission of the Company. E-mail attachments and homework assignments are and remain the Intellectual Property of the Company, and are solely for your personal, private use. At the termination of this Agreement you lose any right you may be entitled to, express or implied, to use any and all Company intellectual Property that has been furnished to you including email attachments, homework assignments, and communications with Tutor(s).

11.7 You agree not to falsify, make false claims, or be dishonest with regard to any information you give to Company or in any form to the Company, including time zone, country, name, address, payment information, or any other personally identifiable information you may provide to the Company to use the Services. You affirm the accuracy of any information you provide to the Company.

11.8 You may not use or otherwise export or reexport the Service and/or any of its content except as authorized by United States Law. In particular, and without limitation, the Service may not be exported or reexported (a) into any of U.S.-embargoed countries or (b) to anyone on the Department of Commerce Denied Persons List or Entity List. You agree to this and you also agree that you will not use the Service for any purposes prohibited by law.  

11.9 You may not and must not use the Service outside of the scope of this Agreement.

12. Assignment and Other dealings

12.1 You shall not assign, transfer, mortgage, change, subcontract, declare a trust over or deal in any other manner with any of your rights and obligations under this Agreement to any other person or entity what-so-ever for any reason what-so-ever. We may choose to transfer our rights under this Agreement where we reasonably believe your rights will not be affected.

12.2 Company may, at time of transfer if such occurs in the future, and/or if there is a merger, acquisition, sale, joining, or other Company restructuring or change of ownership, transfer all rights and obligations in this Agreement, Privacy Policy, and Cookie Policy to another company, owner(s), corporation, business, or other such entity. You will be notified upon the sale or merger of Company or if your rights are affected by these. With any such change to the Company, we may choose to transfer our rights under this Agreement even if your rights may be affected.  In the event of this, your continued use of Services, Website, or Sessions indicates your acceptance to continue as a User of Services under this or any then-made modifications or amendments to this Agreement, Privacy Policy, and Cookie Policy.

12.3 The enforceability of this Agreement shall not be affected by any change in the name of Company, or by merger, acquisition or assignment of its business, operations or this Agreement by Company, and shall be automatically assigned to any such re-named, successor, surviving or assignee corporation of Company, who shall have authority to enforce this Agreement, and continue in full force and effect thereafter in accordance with these terms. Company may assign its rights hereunder, and same shall be enforceable by any such assignee, including but not limited to cooperative or coordinated efforts between Company and all other direct and indirect related or affiliated entities of Company.

12.4 Terms in this Agreement do not transfer from Company to you any intellectual property owned by Company or a third party and all right, title and interest in and to such intellectual property will remain solely with Company. iTutorEnglish.com, iTutorEnglish, itutorenglish, the Company logo, and other trademarks, service marks, graphics, and logos used in connection with this Site are the intellectual property of the Company.  Different trademarks, service marks, graphics and logos used in connection with this Site may be the intellectual property of other third parties. For clarification, you are not allowed to use or copy any trademark, service mark, graphic, or logo appearing on the Website for any reason. Your use of the Service(s) grants you no right or license to reproduce or otherwise use any Company or third-party trademark.

12.5 You agree not to remove, or otherwise modify any trademark, trade names(s), Service name(s), graphic(s), designs, logos, page headers, button icons, scripts, commercial markings, trade dress, ‘look and feel’, or any other proprietary rights appearing through the Service including what may be the trademarks “iTutorEnglish” and “iTutorEnglish.com” or any other trademark(s).

12.6 You may not display the name, logo, trademark or other identifier of any individual or entity in such a manner as to give the viewer the impression that such other individual or entity is a publisher or distributer of the Service in any way. You may not use, post, transmit, or introduce any device, software or routine which interferes with or attempts to interfere with the operation of any aspect of the Service.

12.7 You may not register, attempt to register, or assist anyone else to register any trademarks, logos, domain names, and/or other distinctive brand features, copyright, marks, or other intellectual proprietary rights associated with Company, iTutorEnglish, or any of their cooperating entities.

12.8 You may not remove, obscure, or alter any notice of copyright, mark, trademark, or other proprietary right appearing in or on any item included within the Service.

12.9 You may not transmit, store, or process health information subject to the United States HIPAA regulations on or to the Service in any way. You agree you have the right to share any and all health information you may reveal during Sessions and that the knowledge and responsibility to know whether such is protected health information in your locality rests solely upon you. By revealing any health information you affirm that such is not protected health information in your locality and is not prohibited for you to share.

 

13. No partnership or agency

13.1 Nothing in this Agreement is intended to, or shall be deemed to establish any partnership or joint venture between Company and User(s) or authorize any User to make or enter into any commitments for or on behalf of the Company or Tutors.

13.2 Each Party confirms it is acting on its own behalf and not for the benefit of any other person. An exception to this is when a Parent acts in or on behalf of their Minor to have Service(s) rendered to and/or for their Minor. In such case, Parent enters into this Agreement in behalf of their Minor and Minor becomes bound to this Agreement to the extent allowable by law. Any Minor(s) in the vicinity of Services being rendered are considered to be your Minors as detailed in the entirety of sections 5B and 5C of this Agreement.

14. Waiver

14.1 The failure or delay by Company to exercise any right, remedy, or provision under this Agreement shall constitute a waiver of that or any other right, remedy, or provision nor shall it prevent or restrict the further exercise of that or any other right, remedy, or  provision. No single or partial exercise of such right, remedy, or provision shall prevent or restrict the further exercise of that or any other right, remedy, or provision by Company. Failure to exercise any right, remedy, or provision will not constitute a waiver thereof and will not cause a diminution of the obligations established by this Agreement. A waiver of any default will not constitute a waiver of any subsequent default. No waiver of any of the provisions of this Agreement will become or be effective unless it is expressly stated to be a waiver and communicated in writing from one party to the other.

15. Entire Agreement

15.1 This Agreement constitutes the entire contract between the Company and Parents, Users, Students, Minors (if applicable), and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings whether written or oral.

15.2 Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. You agree that you shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement or based on errors in translation if a translated document is used for reference.

15.3 You may not use the Services, Website, Sessions, or avail of the Company in any way without consenting and agreeing to each and all of the Privacy Policy, Cookie Policy (if applicable), and Terms of Use. In the event of your not agreeing and consenting to any and all of these or any clause therein, you may not use Company Website, Services, or Sessions. Some terms or clauses, with limited exceptions in the Privacy Policy, may not disqualify you from using Company Services or Sessions, including declining the use of cookies. If you have any questions about this, you may email Support@iTutorEnglish.com and include “Exceptions to Terms” in the subject field.

15.4 You agree to be bound by this Agreement and any future amendments and additions to this Agreement as published on the Website.  If at any time you find this Agreement unacceptable or if you do not agree to these terms and conditions set out herein or to any future amendments and/or additions, please do not use this Website or the Service. In addition to this Agreement, the terms of the Privacy Policy (www.itutorenglish.com/privacypolicy) and the Cookie Policy, (www.itutorenglish.com/cookiepolicy) as amended or changed from time to time shall also apply to your use of the Service(s), Website(s) and Session(s).

15.5  By accessing or using the Website, registering an account, or accessing or using the Services, such as clicking on a button on the Website or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services and/or Website; (2) represent you are of legal age in your jurisdiction of residence to form a binding legal contract; (3) represent that you have the authority to enter into this Agreement personally and for your Minor(s), if you are a Parent consenting on behalf of your Minor(s); and (4) represent you are not a Minor.

16.  Severance

16.1 If any provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary in accord with the original intent of the provision to make it valid, legal, and enforceable. Such modification is dependent upon approval from the authorized agent of the Company. If such modification is not possible, the relevant word(s), sentence(s), provision or portion of the provision shall be deemed deleted at the approval of the authorized agent of the Company. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the entirety of this Agreement then remaining.

17   Notices

17.1 Any notice so served by e-mail shall be deemed to have been duly given immediately upon the email being confirmed as sent (unless a return email is received by the sender or DNS within 8 hours stating that the addressee's email address is wrong or that the message cannot be delivered).

17.2 We try to respond quickly to emails and seek to resolve any issue that may come up as rapidly as reasonably possible. However, we reserve the following timeframes for communications: In the case of any e-mail being delivered to the Company, a 24 to 48 hour response time is allowed for Company to comply with and/or respond to the request of the email. For more difficult requests, and depending on the nature and difficulty of the request, Company has the option and reserves the right of responding within 1 month from the date the email is sent.

17.3 Due to the international nature of the Company, only email will be accepted or offered as a normal communication method outside of Sessions. BY CONSENTING TO THIS AGREEMENT, YOU ACKNOWLEDGE AND ACCEPT EMAIL TO BE A LEGALLY BINDING AND ENFORCEABLE MEANS OF COMMUNICATION WHERE LEGALLY PERMISSABLE. Company may make other communication provisions available, but only in special or limited circumstances. YOU ACKNOWLEDGE AND AGREE THAT ANY OFFICIAL OR LEGAL REQUESTS MUST BE MADE THROUGH EMAIL. When you communicate to the Company for legal reasons, a paper copy may be required by the Company in addition to an email notice for your notice to be valid. You agree to and accept that at no time is Company required to furnish paper copies of notices to you.

17.4 You must keep a valid, updated email address on file with the Company at all times. If your email changes or becomes invalid, you must immediately notify Company of your new valid email address.

17.5 Regular contact is maintained with Users of the Services through email, but may include other methods as reasonably necessary. If you provide additional contact information to Company, you thereby give Company and/or Tutors your consent to contact you through that additional contact information. If another suitable method of communication becomes available, you will be notified.

17.6 The email address of the Company is: Support@iTutorEnglish.com

17.7 We hope this never happens, but in the event that a deliverable and valid email address  fails to be furnished to the Company, Company reserves the right to suspend delivery of Services and/or Sessions until a valid deliverable email address is given. If, after 1 month, no deliverable, valid email address has been given to the Company, any payment(s) and booking(s) will be forfeited to the Company and your User account will be deleted for the protection of your confidential Data.  Please always have a valid, updated email address on file with the Company in your account. You may do this by sending us an e-mail from a previous email address Company has on file with your updated email address, or by updating the information in your account on the Website. Updating your email address on the Website is preferred for the following reason: If you request an updated email address from an unrecognized email address, please be aware Company will have to verify the request was made validly by you and may require proof of identification to make the update.

Company must be provided with your valid email address if you are agreeing to any Service on behalf of your Minor.  Company must be able to communicate with Parent(s) at all times.

17.8 In the event you submit your phone number to Company for the purposes of phone call(s), SMS and/or text messages either for direct contact with Company, or for the purpose of reminder(s) of Sessions(s), you authorize Company to send you messages and/or calls through such means. Carrier charges may apply for receiving texts, and/or additional charges may apply from your carrier. You agree that Company will not be held responsible for the cost of such services to or from your phone plan and/or data carrier or service provider. Company is not required to send text and/or data messages to remind you of upcoming Sessions, and these should not be relied on as a reminder of upcoming Sessions.  You are still responsible for any late or missed Sessions whether you receive or sign up for a SMS reminder or not.

17.9 By providing your phone number and clicking the box on the Website to opt in to phone calls, SMS, and/or text messages, you consent to receiving calls or text messages which may be initiated by electronic means, including an automatic telephone dialing system by, or on behalf of iTutorEnglish.com to the phone number provided. These calls or text messages may be for communication with Company, Tutors, and/or serve as a means to remind you of upcoming Sessions. You acknowledge that you do not have to consent in order to receive Services from iTutorEnglish.com and that your refusal to consent will in no way affect the availability, amount, or quality of Services you receive from iTutorEnglish.com. You also acknowledge that this consent may be removed at your request but that until such consent is revoked, you may receive calls and/or text messages from iTutorEnglish, Tutors, and/or third parties to your wireless number. Carrier charges may apply. You are financially responsible for any carrier charge(s) that may apply.

 

18 Sessions, and Time Zones

18A Sessions

18A.1 If you have audio, video, or network connection problems during a booked Session, or if Tutor has audio, video, or network connection problems, you may be asked to exit and re-enter the Session, or Tutor may exit and re-enter the Session. In the event that audio is not working or you would like clarification of the steps to fix your problem, you may type in the “chat” feature of the Session the problem and the Tutor will try to help guide you to fix the problem. It is recommended that you test your audio/video equipment before each Session to avoid these problems.

18A.2 Parent(s) are to accompany Minor(s) off-screen during all Session(s) and at all times. This means any Parent(s) should not be visible to Tutor(s) while Tutor renders Sessions, but Parents should be present to supervise their children at all times and to talk or communicate with Tutor(s) if the need arises before, during, or at the end of the Session.

18A.3 Unless agreed to by Company, Service(s) and Session(s) are for 1 (one) individual person at a time. Two Students, or two Users are not permitted to attend the same Session. Only 1 Student per Session is allowed, and Sessions must not be shared between Students. If at any time there are two Students or Users present for a Session (other than the required Parent for Sessions with Minors) the Tutor or Company may stop the Session and payment for that Session may be forfeited.

18A.4 Minor(s) in the same family must have different accounts on the Company Website. No Student substitutions are allowed even if within the same family. Only the Student scheduled for that time slot may take the scheduled Session. Tutor(s) is not required to render any Service(s) to an alternate Student if a Student substitution occurs.

 

18B Time Zone(s) for the Session(s)

18.1B User is responsible for providing Company with the correct time zone where User resides for the scheduling of Session(s). If an incorrect time zone is given to the Company from User and Session(s) are negatively impacted by Student not arriving for Session or being late by more than half the scheduled class time or Tutor not showing up at the expected time due to providing an incorrect time zone to Company, or other such negative consequences, payment(s) for the affected Session(s) will be forfeited and you will not receive a refund for any such affected Session(s).

18.2B Company Website may auto-detect your time zone based on your browser and/or connection location. However, this may be inaccurate depending on your network settings or other factors and should not be relied on to be accurate. It is your responsibility to provide an accurate time zone to properly schedule Sessions while using the Service.

18.3B Please check your IP address setting(s) to ensure your time zone is accurately reflected in your browser and on the Website when booking a Session or using the Services.

18.4B Using certain methods to connect to the Website, such as VPNs (Virtual Private Networks) may cause inaccuracies in your detected time zone on the Website. Please ensure your time zone and/or location is accurate when using the website to avoid any problems with bookings and missed classes. You are responsible for ensuring the accuracy of any scheduled booking times matching with your availability. If you do not account for the difference of your time zone to the displayed time zone on the booking calendar, if different, you may forfeit your Session unknowingly by booking a Session at a time you did not realize or understand. Please make sure your booking time is correct before scheduling a booking.

18.5B Due to the nature of booked Sessions and scheduled Services, please understand we may not be able to change a booked Session once the booking has been made. Such would not be fair to other Users of the Service if it negatively impacts their booking(s). Any change in booking date or time(s) must be given at least 24-hours prior to the start time of any Session that you want to change.

19 Counterparts

19.1 This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one Agreement. Only the original English language Agreement will be used to determine the terms of this Agreement. See point 23.1 through 23.6                                                         

              

20   Right of third parties

20.1 A person who is not a party to this Agreement shall have no right to enforce any of its terms. There are exceptions as defined in 20.2.

20.2 Company reserves the right to allow it’s contracted third parties such as payment processors and other necessary parties which furnish a vital service to Company to enforce the terms of this Agreement as needed for legal and/or administrative purposes.

21   Arbitration and Governing Law; Timely Filing of Claims

21.1 The parties shall use all reasonable endeavors to resolve any dispute amicably and in good faith. Before requesting arbitration, it is recommended that several attempts be made to resolve any dispute between you and Company.

21.2  We hope never to have any disputes during your usage of Services, but in the case we do, all disputes, controversy, difference or claim arising out of or in connection with this document, Website, Services, Sessions, including any question regarding Agreement existence, validity or termination, or any dispute regarding non-contractual obligations shall be finally settled by binding arbitration and will be conducted under the arbitration rules of the American Arbitration Association by one or more arbitrators appointed in accordance with the said rules of the American Arbitration Association which rules are deemed to be incorporated by reference into this Agreement. The seat of Arbitration shall be in Philadelphia, Pennsylvania USA, and proceedings shall be conducted in English. If the seat of arbitration is deemed unsuitable, an alternate location or method of arbitration may be made according to mutual consent of Company and User.

21.3 BY USING SERVICES OF THE COMPANY, YOU HEREBY WAIVE YOUR RIGHT TO A COURT TRIAL AND AGREE TO BINDING ARBITRATION IN ORDER TO RESOLVE ANY AND ALL DISPUTES WHILE USING THE SERVICES OF COMPANY AND AFTER TERMINATION OF SERVICES. YOU AGREE AND ACKNOWLEDGE THAT ANY SUCH ARBITRATION AWARD MAY NOT EXCEED THE REFUND COST OF THE SESSION(S) AND/OR SERVICES THAT THE DISPUTE ACTUALLY OCCURRED IN. ANY AWARD WILL BE MADE TO THE ORIGINAL PAYMENT METHOD USED FOR SUCH SESSION(S) WHERE LEGALLY PERMISSABLE

21.4 This document shall be governed by and is to be construed in accordance with Pennsylvania State Law, excluding Pennsylvania’s choice-of-law principals, and all claims arising out of or relating to this Agreement, or breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Pennsylvania, Pennsylvania being a one of the States in the United States.

21.5 Specifically excluded from Service to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

21.6 YOU AGREE THAT REGARDLESS OF ANY STATUE OR LAW TO THE CONTRARY, ANY CLAIM, SUIT, OR ACTION THAT YOU MAY HAVE AGAINST COMPANY OR ANY OF THE COMPANY PARTIES ARISING UNDER OR RELATED TO THIS AGREEMENT OR SERVICES MUST BROUGHT WITHIN SIX (6) MONTHS AFTER THE DATE ON WHICH THE EVENTS UNDERLYING SUCH CLAIM OCCURRED OR IS ALLEGED TO HAVE OCCURRED.

21.7 YOU AGREE THAT UPON TERMINATION OF THIS AGREEMENT OR SERVICES OF ANY KIND BY COMPANY OR BY YOU THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM, SUIT, OR ACTION THAT YOU MAY HAVE AGAINST COMPANY OR ANY OF THE COMPANY PARTIES ARISING UNDER OR RELATED TO THIS AGREEMENT OR SERVICES MUST BROUGHT WITHIN ONE (1) MONTH AFTER THE DATE ON WHICH THE EVENTS UNDERLYING SUCH CLAIM OCCURRED OR IS ALLEGED TO HAVE OCCURRED.

22 Tutors

22.1 Tutors may be substituted at Company discretion, at last minute, or during Services as the Company may solely determine and as the need arises.

22.2 You may select the Tutor of your choice, but no guarantee is made that the Tutor you select will provide the booked Session(s).  A substitute Tutor may be arranged at any time by the Company and with no prior consent and/or notice to you. Such substitutions may occur at any time during any class. Company is under no requirement to substitute a Tutor or continue any Session, but substitutions may occur. Substitutions may be made if the requested Tutor is suddenly ill, has an emergency, has poor network or a lost network connection, etc.

22.3 Due to international certification and governing requirements, there is no representation, and/or warranty, expressed or implied that “Tutors” as referred to in this Agreement, on the Company Website, during Services, or Sessions refers to certified tutors, tutors with teaching credentials, or other local or international qualifications as may be necessary to qualify with or for the designation of “tutor(s)” in your geographic area. For clarity, whether these words appear in this Agreement or on the Website, the term “Tutor(s)” and “tutor(s)” does not refer to a or any certain certification or qualification. The terms “tutor(s)” and “Tutor(s)” on the Website merely refers to the individual(s) engaged whether severably or not with the Company to provide Services and/or Sessions to you.

22.4 Company only selects to be Tutors those person(s) or entity(s) who we feel truly qualify as exceptional and who have sufficient credentials evident in the Company’s sole opinion as manifested to the Company at the time of interview and/or demo Session to convince Company of the effectiveness of the methods, techniques, and qualifications needed to be an effective Tutor. 

22.5 The views and opinions expressed during Session(s) are those of the Tutors themselves and do not necessarily reflect the official policy or position of the Company.

22.6 In the event of a minor infraction made by Tutor such as poor teaching performance, lack of timeliness, or other such complaints, you may make a written complaint to Support@iTutorEnglish.com with the name of the Tutor, date and time of Session, and any details you wish to make of the complaint. Company will try to find a resolution in circumstances of minor complaints between you and Tutor to bring about a satisfying resolution to any such minor complaints. In the event that the Tutor you have selected becomes unsatisfactory for your preference, you may always cancel any remaining Sessions with that Tutor and book Sessions with another Tutor as may be possible on the Website.

 

23 Translation

23.1 Where this Agreement is translated into other languages by machine translation, it is understood that errors may occur. In such cases, and/or where conflicts occur between the translated Agreement and the English Agreement, the English Agreement shall prevail.

23.2 Any translation of this Agreement into other languages is for reference only and shall not govern use of Services.

23.3 No translation of this Agreement shall exert force in a superior, overruling, or overriding manner to the English Agreement. For clarity, the Agreement written in English and posted on the Company Website is what Parent(s), Student(s) and Users of the Company Service(s), Website(s), and Session(s) agree or have agreed to. Upon acceptance of this Agreement or upon using any part of the Website, Services, or Session(s), you consent to this Agreement as it is written in English, and in its most up-to-date form.

23.4 Where this Agreement is translated into any other language, upon accepting this Agreement, it is deemed that you have accepted and agree to be bound by this Agreement in English, regardless of the language it was translated and read in or interpreted in or from.

23.5 Where the Company Website is translated into other languages by machine translation, it is understood that errors may occur. In such cases, and/or where conflicts occur between the translated Website and the English Website, the English Website shall prevail.

23.6 Where the Company Privacy Policy is translated into other languages by machine translation, it is understood that errors may occur. In such cases, and/or where conflicts occur between the translated Privacy Policy and the English Privacy Policy, the English Privacy Policy shall prevail.

23.7 Where the Company Cookie Policy is translated into other languages by machine translation, it is understood that errors may occur. In such cases, and/or where conflicts occur between the translated Cookie Policy and the English Cookie Policy, the English Cookie Policy shall prevail.

 

24 Packages and Subscriptions

24.1 Packages may be offered through the Website or directly from Company by various means. Package(s) may expire and expiry dates vary based on the package purchased. Please make sure you can and do use all Sessions in a package before expiry date. The expiry date may not be extended by iTutorEnglish.

24.2 The Tutor you select when choosing a Subscription plan will be the only Tutor you can have Sessions with during that Subscription. You may not change Tutors during your subscription. If you wish to change Tutors, you may do so upon the completion of the subscription before agreeing to the next subscription period. If you wish to change Tutors during your subscription, you may make a request to change Tutors by emailing: Support@iTutorEnglish.com stating the reason(s) why. iTutorEnglish may choose to but is not required to grant your request at its sole discretion.

24.3 Subscriptions renew on the anniversary date of the subscription for another subscription period. Each subscription period is defined at the point of purchase for each subscription on the Website. Subscriptions not cancelled before the anniversary date (also known as the renewal date) will be automatically renewed. Renewed subscriptions are not refundable.

24.4 Company reserves the right to modify, alter, change, cancel, amend, or otherwise change in structure and/or scope subscriptions at any time. You will be given sufficient notice if you are a subscription holder.

24.5 IF YOU WANT TO CANCEL YOUR SUBSCRIPTION, YOU MUST CANCEL IT AT LEAST 7 DAYS BEFORE THE SUBSCRIPTION RENEWS BY SENDING AN EMAIL TO SUPPORT@ITUTORENGLISH.COM AND REQUEST THAT YOUR SUBSCRIPTION BE CANCELLED. ITUTORENGLISH WILL MAKE EFFORTS TO REMIND YOU THAT YOUR SUBSCRIPTION WILL RENEW BEFORE THE RENEWAL DATE, HOWEVER, YOU ARE RESPONSIBLE TO KEEP TRACK OF YOUR SUBSCRIPTION RENEWAL DATE AND MAY NOT RECEIVE A REMINDER THAT YOUR SUBSCRIPTION IS ABOUT TO RENEW. YOU ARE RESPONSIBLE TO MAKE ANY CHANGES TO YOUR SUBSCRIPTION BY EMAILING SUPPORT@ITUTORENGLISH WITH YOUR REQUEST BEFORE YOUR SUBSCRIPTION RENEWS.

24.6 SOME SUBSCRIPTIONS HAVE MINIMUM SUBSCRIPTION PERIODS BEFORE CANCELLATION. YOU MUST HAVE MET THE MINIMUM TIME REQUIREMENT BEFORE CANCELLATION TO CANCEL A MONTHLY RECURRING SUBSCRIPTION. REQUESTS TO CANCEL A SUBSCRIPTION BEFORE THE REQUIRED MINIMUM SUBSCRIPTION LENGTH MAY NOT BE GRANTED.

24.7 AT THE POINT OF PURCHASE OF ANY SUBSCRIPTION YOU AGREE TO AND ACCEPT THE MINIMUM SUBSCRIPTION LENGTH REQUIREMENT AS SET FORTH IN THE TERMS OF THAT SUBSCRIPTION.

25 Feedback, Suggestions, Error Reporting, and License to Content

25.1 You may provide us directly with information, reviews, and Feedback concerning Sessions, Services, Website, suggestions for improvements, ideas, errors, problems, complaints, and other matters related to our Service by emailing Support@iTutorEnglish.com

25.2 When giving Feedback(s) you acknowledge and agree that:

  1. You shall not retain, acquire or assert any intellectual property right or other rights, title, or interest in or to any Feedback you provide.

  2. Company may have developed ideas similar or nearly exactly the same to the Feedback.

  3. Feedback does not contain confidential information or proprietary information from any third party or you.

  4. Company is not under any obligation of confidentiality concerning the Feedback and is free to display, showcase, reproduce, and/or otherwise make public any Feedback you submit and that Company may also include your name, age, country of residence, type of Session(s), Service(s) you used, or Company may make substitutions to this information to protect your privacy.

  5. Minors may only leave Feedback by permission of a Parent, and such shall be used in the same way as when provided by an adult user.

25.3 Feedbacks may be, but are not required to be changed to protect your privacy when we use Feedback(s) on our Website or for advertisement purposes. For clarity, Feedbacks may contain any or all of: your name, age, country of residence, type of Session(s), or Service(s) you used. You agree and consent to Company using this Data for public advertisement purposes if you submit any Feedback.

25.4 In the event of the transfer of direct ownership of the Feedback is not possible due to applicable regulations or laws, you grant the Company and its third-parties an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use the Feedback in any manner, form, or format and for any purpose. This includes the right and ability to copy, modify, create derivative works, publish, distribute and commercialize the Feedback you submit.

25.5 You expressly represent and warrant that you have the right and/or license to post any and all Content posted by you in connection with your use of the Service. You represent and warrant that the Content provided by you and the use by us of such Content will not infringe or misappropriate any patent, copyright, trademark, trade secret, or other intellectual property rights of any third party. You hereby grant us a perpetual, irrevocable, worldwide, nonexclusive, and royalty-free right and license to use, host, store, modify, copy, distribute, communicate, publish, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat such Content and to prepare derivative works of such Content. You agree to defend us and any Company Parties at your sole cost and expense, against all actions, suits, and other proceedings of a party against any of the Company Parties alleging infringement of any patent, copyright, trademark, trade secret, or other right or violation of any license or other intellectual property rights, based upon the Content provided by you; and you agree to indemnify and hold the Company Parties harmless from and against all judgements, losses, liabilities, damages, costs, and expenses (including without limitation, reasonable attorneys’ fees and attorney’s disbursements) arising out of or incurred in connection with such infringement. You understand that you are solely responsible for all Content posted on, transmitted through, or linked from the Service. You acknowledge that we do not prescreen or approve Content but that we shall have the right (but no obligation) in our sole discretion to refuse, delete, or move any Content that is in violation of this Agreement or for any other reason.

26 Miscellaneous

26.1 Company reserves all rights related to the Service that are not expressly granted to you in this Agreement. The Service may be protected by copyright and other intellectual-property laws and treaties. As between you and Company, Company owns all right, title, and interest in and to the Service. Unless otherwise indicated, (1) all content contained within this Service and (2) all trademarks associated with this Service are the property of iTutorEnglish unless indicated otherwise. All other trademarks and registered trademarks are property of their respective holders.

26.2 PayPal and the PayPal logo are trademarks of PayPal. Adobe and the Adobe logo, Acrobat, and the Acrobat logo are the trademarks of Adobe Systems Incorporated.  Zoom, and the Zoom logo, are trademarks of Zoom. Microsoft and the Microsoft logo, are trademarks of Microsoft. Google and the Google logo are trademarks of Google LLC. Creative Commons and the Creative Commons logo are the trademarks of Creative Commons. Stripe and the Stripe logo are trademarks of Stripe.

26.3 For the avoidance of doubt, all intellectual property licensed from a third-party supplier by Company or iTutorEnglish.com and included in the Service shall remain the property of such third party. You agree not to remove, conceal, or otherwise modify any copyright, trademark or other proprietary notice or source identifier contained in or associated with the Service (including but not limited to those listed in the open source license attributions). We cannot and do not guarantee access to information, service(s), or other content belonging to any third party which is accessible by you through the Service (if any).

26.4 Although you agree to comply with the usage restrictions in this Agreement, you may request specific permission to reverse engineer, decompile, modify, adapt, translate, or disassemble any portion or all of the Service including without limitation any of its underlying ideas, algorithms, or structure or to use the Service to create new applications, programs, products, or services. Company shall grant permission at its sole discretion. To request this specific permission, please contact Company by sending an email to: Support@iTutorEnglish.com and include “Request for Permission to Use Intellectual Property” in the subject line.

26.5 As a User of the Service, you must (1) abide by all federal, state, and local laws, and (2) observe all applicable copyright laws as such apply to music, videos games, images, texts, and other media in both personal use and with regard to Company Intellectual Property.

26.6 YOUR USE OF THE SERVICE AND ANY CONTENT CONTAINED IN THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY OR COMPLETENESS, QUALITY, SAFETY, SUITABILITY, WORKMANLIKE EFFORT, LACK OF VIRUSES, LACK OF NEGLIGENCE, OR THAT THE SERVICE WILL PERFORM IN ANY PARTICULAR FASHION OR PRODUCE ANY PARTICULAR RESULT, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE BY YOU OR ANY OTHER PERSON. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICE WILL BE FREE FROM DELAYS, LOSS, ATTACK, HACKING, OR OTHER SECURITY INTRUSIONS. COMPANY ALSO IS NOT RESPONSIBLE FOR THE PROVISION OF ANY SUPPORT OR ANY OTHER SERVICES OF THE FAILURE TO PROVIDE SUPPORT OR ANY OTHER SERVICES IN CONNECTION WITH OR RELATED TO THE SERVICE. THERE ARE INHERENT RISKS IN THE USING OF THE INTERNET, USING OF VIDEO CONFERENCING OVER THE INTERNET, DOWNLOADING AND USING OF ANY SOFTWARE OR MATERIAL AND COMPANY CAUTIONS YOU TO MAKE SURE THAT YOU COMPLETELY UNDERSTAND THE POTENTIAL RISKS BEFORE USING THE SERVICE, HAVING SESSION(S), DOWNLOADING, INSTALLING SOFTWARE, OR OTHERWISE USING THE SERVICE. NEITHER COMPANY NOR ANY COOPERATING ENTITY OF COMPANY NOR ANY OF THEIR DIRECTORS, OFFICERS, VOLUNTEERS, MEMBERS, LICENSORS, SUPPLIERS, TUTORS, CONTRACTORS, AGENTS, OR REPRESENTATIVES (COLLECTIVELY KNOWN AS THE “COMPANY PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES THAT YOU OR ANY THIRD PARTY MAY SUFFER IN CONNECTION WITH OR RELATED TO YOUR USING THE SERVICE, DOWNLOADING ANY ATTACHMENT, DOWNLOADING AND INSTALLING ANY SOFTWARE, MODIFYING, OR OTHERWISE USING THE SERVICE, OR ANY CONTENT CONTAINED IN THE SERVICE.

26.7 This Agreement, the Privacy Policy, the Cookie Policy (if you have agreed to accept cookies), and any other written instructions related to the Service which are provided by the Company constitute the entire Agreement between you and the Company relating to the Service, and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Service or any other subject matter covered by this Agreement. Company will be excused form performance in this Agreement to the extent that performance is prevented, delayed, or obstructed by causes beyond its reasonable control (including whether the Service is legal or not in your vicinity). If any provision of this Agreement is held to be void, invalid, unenforceable, or illegal, such provision shall be modified by the court to most closely resemble the intent of the Company (at approval by the Company if possible), and all other provisions of this Agreement shall continue in full force and effect. Company may assign or otherwise transfer this Agreement to any of its cooperating entities. The failure of Company at any time to require performance by you of any provision of this Agreement shall in no way affect Company’s right to enforce such provisions, nor shall the waiver by Company of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.

27 Consent to Agreement

27.1 Any kind or sort of updates, enhancements, new features, and/or the addition of any new Service properties or functionality are subject to this Agreement. This Agreement may be revised, modified, or terminated at any time by us at our sole option upon notice to you as on the Company Website. You expressly agree that such modification(s), revision(s), or termination may have a material effect on your ability to use the Service. Your continued use and/or accessing the Service, Website, or Session(s) following such modifications shall constitute binding acceptance of such modifications.

27.2 YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOING ANY OF THE FOLLOWING: 1) USING THE WEBSITE, 2) USING THE SERVICES, 3) HAVING A SESSION, 4) BY CLICKING THE “I ACCEPT THE TERMS AND CONDITIONS OF SERVICE” BUTTON ASSOCIATED WITH THIS AGREEMENT. YOUR RIGHT TO USE THE SERVICE IS SUBJECT TO YOUR PRIOR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE PROVISIONS AND TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE WEBSITE, SESSIONS(S), OR SERVICE, AND YOU MUST IMMEDICATELY DELETE ALL COPIES OF ANY INFORMATION WHAT-SO-EVER FROM OR CONNECTED TO THE SERVICE FROM YOUR DEVICE(S). THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND COMPANY. BY CHECKING THE BOX “I ACCEPT THE TERMS AND CONDITIONS” YOUR CONSENT SHALL BE VIEWED AS HAVING THE SAME WEIGHT AND AUTHORITY AS YOUR SIGNATURE TO ENTER INTO THIS AGREEMENT AND WITH THE SAME WEIGHT AS ENTERING INTO LEGAL CONTRACT IT SHALL BE BINDING AND ENFORCEABLE. YOU ARE CONSENTING TO THIS AGREEMENT IN FULL BY CHECKING THE BOX “I ACCEPT THE TERMS AND CONDITIONS”. YOU EXPRESSLY AGREE THAT CHECKING THE “I ACCEPT THE TERMS AND CONDITIONS” BOX CONSTITUTES YOUR SIGNATURE AND THAT YOU WILL ABIDE BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

END OF AGREEMENT

Please understand that it is because of legal necessity that we have written this Agreement. Although some of these points may be unusual in your geographic region, culture, or custom, please be assured it is a priority for us that you are happy with our Services. If you have any questions or concerns, you may contact us at Support@iTutorEnglish.com

bottom of page