WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.
1. General terms
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
You are responsible for your acts and omissions. Site is only a venue to connect Students and Tutors, in the event that you have any dispute with other user, you release LearnPick (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. As independent contractors hired by Students, Tutors or representative of the tuition centers control the methods, materials and all aspects of the lessons.
We only support the Tutor or Tuition Centers decisions and choices that you make. These decisions and choices are yours. We cannot make decisions for you. We only help you to find good Tutor and connect with Tutors. On our Site you can ask and find informational questions and related educational answers by Tutors. Students are responsible for selecting the right tutor or tuition center for their needs. In making hiring decisions, Students should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other students. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
The information provided in LearnPick, regarding tutors, tuition centers, tuition centers, courses, etc. has been compiled by assimilating data from various educational websites, which are available in the public domain. The details provided are for general information only. We update the data regularly to ensure that the information you receive from our website is accurate. For additional requirement of education related information displayed in our website, we recommend you contact the respective tuition centers.
LearnPick controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. LearnPick services may not be available in your location, and available services may vary among locations. In addition, LearnPick will attempt to deliver all correspondence sent via the Site's messaging system. LearnPick does not, however, guarantee delivery of all messages.
LearnPick reserves the right to withdraw or modify aspects of the LearnPick service, or the entirety of it, when and where we have legal or commercial reasons to do so. There may also be times when the LearnPick service becomes inaccessible as a result of technical difficulties experienced by LearnPick or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
3. Restricted Activities
You acknowledge and agree that LearnPick's services are provided for the purpose of facilitating education and not for any illegal purposes. You agree not to use the Site to hire tutors for illegal purposes such as to complete assignments, to write test/exam papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use LearnPick's services for any purpose that violates the academic honesty policy or other conduct policies of your school, college, university, academic institution or workplace. You agree not to use the Site to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site or Mobile Application to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by LearnPick in its sole discretion.
Without our written consent, you may not: (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
4. Eligibility and conduct
If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. If you are below age of 18, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein. You agree: (a) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website ("Registration Data"); (b) to maintain the security of your password and identification; (c) to maintain and promptly update the Registration Data and any information you provide to LearnPick, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.
You may submit feedback regarding your experiences with Tutor or Tuition Centers on our Site or Mobile Application, submit inquiries concerning possible educational needs and to participate in the other interactive and community features of the Site (collectively "Submitted Content"). It is important that you act responsibly when providing Submitted Content. In providing feedback, please give clear, honest information about the Tutor or Tuition Centers and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or Tutor or Tuition Centers may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
You acknowledge and agree that by submitting the Submitted Content to us, you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submitted Content throughout the world in any media, now known or hereafter created without attribution, (ii) grant us the right to pursue at law any person or entity that violates Your and/or our rights in Your Submitted Content, and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submitted Content, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submitted Content or any derivative thereof. You further acknowledge and agree that Your Submitted Content is non-confidential and do not contain proprietary information.
With respect to Submitted Content, you acknowledge, warrant and agree that:
a) If Submitted Content concern Tutor or Tuition Centers, Submitted Content will be true and accurate, only concern or relate to the care or service that You, Your minor child or Your ward received from the Tutor or Tuition Centers being reviewed, that You are not related to or employed by the Tutor or Tuition Centers being reviewed and that You are not impersonating any other person;
b) If You are a Tutor or Tuition Centers submitting or editing any Submitted Content, Your Submitted Content will be true and accurate, You are the Tutor or Tuition Centers specifically identified in the Content being submitted or edited, and Your Submissions will only concern You and the services that You provide.
c) If You are a person authorized by a Tutor or Tuition Centers to submit or edit Submitted Content specifically related to that Tutor or Tuition Centers, Submitted Content will be true and accurate, You are authorized by the Tutor or Tuition Centers identified in the Submitted Content or edited to make such edits and Submitted Content will only concern that Tutor or Tuition Centers and the services provided by that Tutor or Tuition Centers.
d) You have the right to make Submitted Content without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and Submitted Content will not contain any content, personally identifiable information (other than the name of the Tutor or Tuition Centers being reviewed), information, or materials of any kind that relates or refers to any other person or entity other than the person or entity being reviewed;
e) Submitted Content will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (i) libel, defame, or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed, (iv) constitute personal attacks on other individuals, (v) infringe the intellectual property, trade secret or proprietary rights of any third party, (vi) promote criminal or other illegal activity, (vii) promote or advertise any person, product or service or solicit funds, or (viii) are deemed confidential by any contract or policy.
You are permitted to post only one Submitted Content regarding the same Tutor or Tuition Centers, entity, procedure or subject during any thirty-day period.
We reserve the right to publish your Submitted Content as part of the Service and to also to remove your Submitted Content for any reason. We are not, however, responsible for any failure or delay in removing Submitted Content.
We do not provide the Submitted Content on the Site. It is users of the Site provide Content on the Site. The Tutor or Tuition Centers determine which questions to answer; they are not employees or agents of LearnPick but are independent service providers using the Site to provide their expert knowledge to users of Site.
We are not involved in any conversations between users and does not refer you to or endorse or recommend particular Tutor or Tuition Centers. You understand and acknowledge that we cannot and do not edit, modify, filter, screen, monitor, endorse or guarantee the content on Site. We shall not be liable for any acts or omissions of Tutor or Tuition Centers, Content, the ability of Tutor or Tuition Centers to answer questions or the ability of Students to pay for tuitions. We do not ensure that users will complete a transaction.
By using the Site, you understand and agree that LearnPick may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that LearnPick may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.
You hereby authorize LearnPick to verify the above representations and warranties by you and you acknowledge and agree that LearnPick shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that LearnPick may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
The preceding paragraph notwithstanding, you understand and agree LearnPick does not conduct background checks of any User. You also understand and agree LearnPick neither confirms nor denies the validity of information provided by Users and that LearnPick does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
LearnPick expressly disclaims, and you expressly release LearnPick from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
LearnPick reserves all of its rights to remove anything objectionable to LearnPick in its sole discretion. Alleged improprieties by any User may be reported to LearnPick by email at support@AUTutor.com.
5. Fees & Refunds
LearnPick may at its sole discretion revise or change the subscription and connect rates without any prior notification. Refunds will be made at the sole discretion of LearnPick.
6. Third party reports
LearnPick may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications ("consumer reports"). LearnPick does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. LearnPick does not independently verify information in the consumer reports.
You hereby consent to LearnPick collecting, using and disclosing the information in the consumer reports. You understand and agree that LearnPick may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that LearnPick shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. LearnPick reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in LearnPick's sole discretion.
7. Confidentiality of LearnPick information
You may obtain direct access via the Site to certain confidential information of LearnPick and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with LearnPick and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from LearnPick, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to LearnPick adequate to afford LearnPick the opportunity to object to the disclosure.
8. Terms of transacting business
You understand and agree to abide by LearnPick’s tutor and student payment policies. You agree that you are willing to pay all costs associated with the services through LearnPick. These costs include but are not limited to: (a) a tutor’s hourly rate as listed; (b) travel and transportation fees (if applicable and agreed) (c) cancellation fees as described in a tutor’s cancellation policy, which can be found on a tutor’s profile on the Site; (d) the booking service fees between the Student and LearnPick. (e) the commission arrangement between the Tutor and LearnPick and (f) the commission arrangement between the Institute and LearnPick for course and event booking fees.
9. Advertisements and promotions
LearnPick may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than LearnPick found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. LearnPick is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-LearnPick advertisers on the Site.
10. Third Party links
Placement of information, logos, links or names of Tutor or Tuition Centers or any other third-party entities on the Site does not constitute an endorsement or warranty of their services or opinions or their products. You take full responsibility for a decision to visit or patronize any such entity and hold LearnPick harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and LearnPick or between any User including Tutor or Tuition Centers or any other third-party entities and LearnPick by formation of this Agreement or by your participation on the Site.
We do not control the information provided by Tutor or Tuition Centers or any other third-party entities or users, which you may find to be offensive, harmful, inaccurate, or deceptive.
YOU ARE RESPONSIBILE TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
11. Text message & PUSH notifications
We send various text message and PUSH notifications for new student messages, new message reminders, job opportunities and more ("Text Message Program"). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.
Your mobile phone carrier’s standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.
12. Intellectual property rights
Except as expressly authorized by LearnPick or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software LearnPick discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
"LearnPick Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations LearnPick uses in connection with its products and services. You may not remove or alter any LearnPick Trademarks, or co-brand your own products or material with LearnPick Trademarks, without LearnPick's prior written consent. You acknowledge LearnPick's rights in LearnPick Trademarks and agree that any use of LearnPick Trademarks by you shall inure to LearnPick's sole benefit. You agree not to incorporate any LearnPick Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with a computer or Internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by LearnPick on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
13. Termination and suspension
LearnPick reserves the right to suspend (deactivate) and/or terminate (delete) any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination (deletion of profile) or during suspension (deactivation of profile).
14. Disclaimer of warranties
USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. LearnPick DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. LearnPick MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
LearnPick MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
15. Limitation of liability
THE SITE OFFERS A MARKETPLACE FOR THOSE SEEKING TUTORING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE TUTORING SERVICES. YOU UNDERSTAND AND AGREE THAT LearnPick HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT LearnPick MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT LearnPick IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. AS SUCH, LearnPick EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE.
USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. LearnPick WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. LearnPick IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
YOU UNDERSTAND AND AGREE THAT LearnPick HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT LearnPick MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT LearnPick IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, LearnPick EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES LearnPick FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.
TO THE FULL EXTENT PERMITTED BY LAW, LearnPick IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF LearnPick HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL LearnPick'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO LearnPick OR A LearnPick PARTNER, IF ANY, OR (B) AUD 5000 (WHICHEVER IS LESS).
16. Assumption of risk
You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in LearnPick's Tutor and Student Safety Tips, when interacting with other users.
You agree that any material breach of the Terms will result in irreparable harm to LearnPick for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, LearnPick will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if LearnPick seeks such an injunction.
19. Notices; modification and termination of services; amendment of terms
LearnPick may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. LearnPick reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. LearnPick may also delete, or bar access to or use of, all related information and files. LearnPick will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. LearnPick may amend these Terms at any time by posting the amended terms on this Site.
20. Entire agreement
These Terms constitute the entire agreement between you and LearnPick relating to their subject matter and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms, or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use LearnPick or third-party products or services.
1. A Tutor warrants that he/she is, at least, eighteen years of age, and has the lawfully necessary educational qualifications and/or experience to provide tuition in the subject/s specified by the Tutor on the Site.
2. A Tutor agrees and understands that he/she is not an employee of LearnPick and accepts full responsibility for all Income Tax and other amounts payable in relation to any fees generated from a tuition contract with Student or Parent through the Site. We do not issue any working experience certificate to our registered members.
3. A Tutor understands and accepts that details entered by them on the Site will be publicly visible and may appear in search engines (Google, Yahoo, Bing etc.) results.
4. A Tutor accepts full responsibility for all information published by him/her or it on the Site and shall indemnify LearnPick in relation to any liability incurred by them as a result of any such information.
5. A Tutor undertakes to register for the LearnPick service, always providing and using accurate and current information about him/her - including name, address, telephone number/s, qualifications, tutoring experiences and any other details requested by LearnPick.
6. A Tutor will not include personal email, contact numbers etc. in the form fields like Tutoring Experience, Teaching Style, other topics. Adding contact details except in specific fields is not acceptable under any condition. If Tutor violates this condition, LearnPick may in its discretion suspend or terminate account of such Tutor.
7. Tutors are bound to show proof or disclose their qualification details to the reasonable satisfaction of the student or parent party before entering into a tuition engagement and also if and as requested by them, later.
8. LearnPick does not guarantee to secure a Tutor for a Student or ascertain any tuition fees on behalf of any tutor or student. We do not provide any guarantee of the number of total enquiries/business which a Tutor will receive during their subscription period.
9. LearnPick is not responsible if you are unable to convert tuition enquiries into work, through connects facility. Please check total number of views before you apply for any tuition. The more the number of views, the lesser the chances of getting responses from students. Connect facility generates maximum effectiveness if you respond to the enquiry on the day it has been posted. However, we would not be accountable for any inconvenience caused.
10. LearnPick is not responsible if a student’s mobile is switched off when you call, or if students/parents do not respond to your queries. No connects will be refunded in such cases.
11. All tuitions posted in our site are verified to the best of our knowledge. If the student or parent does not disclose any information beforehand, LearnPick will not be responsible for the same.
12. A Tutor will accept full responsibility for the hourly rates or prices quoted by them for their services and presented in the exact detail on the Site.
13. Both Student and tutors can ask to verify each other’s addresses and residential details before making any direct payments between themselves. LearnPick will not take any responsibility for any sort of direct payments between the two parties.
14. Tutor shall indemnify LearnPick from all claims, liabilities, costs and expenses (actual or consequential) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of any use by the Tutor of the Site.
15. A tutor and a tutorial centre hereby acknowledge that LearnPick is not liable to the Tutor for reimbursement of any fees decided upon as a result of these Terms in the event of any cancellation of any Contract or Tuition for any reason.
16. In responding to feedback of Students posted on the Site a Tutor shall not, in any way, show disrespect towards a Student or his family.
17. LearnPick shall not be responsible for any other kind of monetary transaction/s between tutors and students or their parents.
18. We are not involved in any kind of interactions that takes place between the tutors and students, and hence is not liable for any dispute or disagreement or misinterpretations or arguments arising between the parents / students and the tutors. The parents/students and the Tutors are however free to take feedback and suggestions from us to solve the issue amicably.
19. For all commitments/representations of Tutor to Student other than those which are mentioned on Site Tutor alone would be liable and responsible towards Student, and shall also keep us indemnified and harmless against all such claims/disputes.
20. Tutor is expected to conduct himself in a teacher / coach like manner which is generally prevalent and acceptable in a teacher and student like relationship.
21. All student information and contact details provided on LearnPick are for your personal use only and not be used for any other purposes in which you are not directly involved. You cannot sell or forward any student data to others tutors. If any Tutor is found to be engaged in such activities, LearnPick reserves the right to terminate their membership with immediate effect without refunding any amount if paid.
FOR STUDENTS OR PARENTS
1. A student or parent undertakes to register for the LearnPick service, always using accurate and current information about himself/herself - including name, email ID, mobile number etc.
2. During posting or tuition requirement students should enter as much details as possible for better responses from tutors and Tuition Centres.
3. Please note that any tuition requirement posted will be shared with our registered and premium list of tutors and tuition centers and they may call your number to discuss about your tuition requirement. Students or Parents should check tuition profile privacy settings properly to avoid unwanted calls on their mobiles from prospective tutors and tuition centres.
4. Both student and tutor can ask to verify each other's addresses and residential details before making any direct payments between themselves.
5. Students or Parents are requested not to make a huge advance payment if you do not know the tutor properly or do not have complete proof of his/her current/permanent contact details.
6. Students or parents should understand that tutors are not our employees and we cannot take responsibility for verifying their backgrounds and behaviors. LearnPick is just an online marketplace where tutors and tuition centres can advertise their services.
7. No Tutor can guarantee good grades; therefore, grade you get cannot be a reason for student to come back at a later time and demand refund for services.
8. Student/parent should use caution, good judgment and proper language when leaving a Review for a Tutor. What you post will be a permanent part of that tutor's record. Please restrict your review to a Tutor's teaching-related skills (communication skills, knowledge, patience, clarity etc.)
9. We are not involved in any kind of interactions that takes place between the tutors and students, and hence is not liable for any dispute or disagreement or misinterpretations or arguments arising between the parents / students and the tutors. The parents / students and the Tutors are however free to take feedback and suggestions from us to solve the issue amicably.
10. Student is expected to conduct himself in a Student like manner which is generally expected and regarded as ideal Student behavior prevalent in education stream.
11. LearnPick would not be liable to offer any compensation or damages of any nature to Student if LearnPick deactivates a Tutor account or if Tutor discontinues /chooses to not extended tutor sessions.
12. Students should take enough care and make an intuitive decision before taking up an assignment to avoid any kind of repercussions. LearnPick would not be responsible and liable for any such unforeseen and unfortunate event including but not limited to bodily injury, sexual or mental harassment of any nature, if any.