SECTION B OF TERMS AND CONDITIONS OF WEBSITE AND SERVICES (TUTORS)
B1. Application of Section B
B1.1 This Section B is applicable to Tutors only. Notwithstanding the aforesaid, this Section B shall include references to Users and Students. Tutors are required to read the terms and conditions in this Section B as are applicable to Tutors.
B1.2 Notwithstanding clause B1.1, Tutors are bound by the provisions of Section A (Section A – All Users -Terms And Conditions of Website and Services).
B1.3 The definitions set out in clause A1 of Section A shall apply to this Section B.
B2. Registration
B2.1 In order to utilise the Website, whether as a Student or Tutor, a person will require to be registered by us. Registration is within our sole discretion. Upon Registration, a User will be furnished with unique login details, which are not to be shared with any third party.
B2.2 No person who is not registered as envisaged in clause B2.1, shall be entitled to access the Website or use or provide the Services.
B3. The Services
B3.1 The Services to be rendered by the Tutor are to Students in respect of the Curriculum.
B3.2 The Website shall enable Students to connect with Tutors through an online video facility.
B3.3 We do not provide the Services. The Services are provided by the Tutor appointed by the Student.
B3.4 Users are responsible for obtaining and paying for any equipment and Internet service necessary to access the Services.
B3.5 The Services shall be rendered as follows:
B3.5.1 A Student may book a lesson with a Tutor, through the Website.
B3.5.2 A Student will be able to select a Tutor from our database on the Website, in respect of the subject matter within the Curriculum required by the Student.
B3.5.3 A single lesson shall be of a duration of 60 (sixty) minutes, save that this may vary at the discretion of the Tutor.
B3.5.4 A student will be entitled to 3 (three) free lessons with any tutor over a period of 2 (two) calendar months.
B3.5.5 A Student may purchase, in advance, any number of lessons, provided that such lessons are utilised within a period of 12 (twelve) months, following payment, failing which the lessons shall be forfeited and we shall be entitled to retain the payment made and no refund shall be due to the Student.
B3.5.6 In the event that a Tutor fails to attend a lesson validly booked through the Website, and the Tutor has failed to cancel the lesson at least two hours prior to the commencement of the lesson, the Student shall be entitled to a full refund of the purchase price of the lesson; alternatively, at the election of the Student, a credit shall be passed in favour of the Student for use in an alternative lesson.
B3.5.7 Should the Tutor cancel a lesson at least two hours before commencement of the lesson, the Student shall reschedule the lesson with the Tutor and shall not be entitled to any refund nor any credit in order to book a lesson with another Tutor.
B3.5.8 Should a Student cancel a lesson validly booked with a Tutor on notice of less than one hour, or fail to attend a lesson, the Student shall forfeit any amount paid in respect of the lesson and the Tutor shall be paid accordingly.
B3.5.9 Should a Student cancel a lesson at least 1 (one) hour before commencement of the lesson, the Student shall reschedule the lesson with the Tutor, and the payment made by the Student in respect of that lesson shall be utilised in respect of the rescheduled lesson.
B3.5.10 A Student will only be able to book a lesson in the event that the Student has funds in credit with us sufficient to cover the cost of the lesson.
B3.6 Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or us in terms of the CPA.
B3.7 These Terms are important and should be carefully noted as they contain provisions which, within the limits of the CPA, may limit our risk or liability, create risk or liability for you as a consumer, may compel you to indemnity us and serves as an acknowledgement by you of any fact.
B3.8 We are not able to confirm that each User is who that User claims to be. You agree and understand that you assume all risks when using the Website, including without limitation any and all of the risks associated with any online or offline interactions with other Users.
B3.9 When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property. We are not responsible for the conduct, whether online or offline, of any User of the Website nor are we liable for any claim, injury, or damage arising from or in connection with your use of the Website.
B4. Tutors
B4.1 Tutors shall be required to provide a valid identity document, to our satisfaction, together with certified educational qualifications and any other documents as may be required evidencing tutoring or teaching experience, testimonials and references. A Tutor shall only be registered as a tutor on the Website once we have confirmed the Tutor’s qualifications, skills and experience, within our sole discretion.
B4.2 A Tutor shall be obliged to provide a profile photograph and video introduction, upon registration.
B4.3 Notwithstanding clause B4.1, we do not endorse or make any representations or warranties regarding the accuracy, completeness, and reliability of any information provided by the Tutor within the verification process in clause
B4.4 Upon registration, a Tutor is granted the right to access and use the Website and render the Services on these Terms. Such rights may not be transferred or sub-licenced by a Tutor.
B4.5 A Tutor:
B4.5.1 will provide the Services in accordance with these Terms and other policies set forth by us and made available to you via email or by posting on the Website;
B4.5.2 will provide the Services in accordance with South African laws and regulation;
B4.5.3 is solely liable for any breach of any law or regulation that applies to the Services;
B4.5.4 will provide the Services with reasonable care and skill and in accordance with generally recognised practices and in accordance with the Curriculum;
B4.5.5 warrants the accuracy and validity of all information and documentation furnished to us for the purposes of verification;
B4.5.6 will not provide tutoring services to a Student other than pursuant to these Terms and via the Website, nor receive payments directly from a Student, nor encourage or solicit payment from a Student directly or through any means other than those provided by us;
B4.5.7 acknowledges and agrees that we may advertise the Services that the Tutor provides through the Website without any additional payment or obligation to the Tutor.
B4.6 A Tutor may add further details to the Tutor’s profile on the Website in order to promote and enhance the Tutor’s marketability to Students, provided that we shall have the right, in our sole discretion, to remove such details if untrue, offensive or unfair to other Tutors.
B4.7 A Tutor grants us the right to use the Tutor’s introduction video, name, and profile photo for marketing, advertising, or promotional purposes, including but not limited to publishing on social media channels, video hosting, and streaming services, such as YouTube, Vimeo, Facebook, or others, as to ensure accessibility and visibility to Students. A Tutor may request the removal of any introduction videos published on social media channels, video hosting, and streaming services, in writing to us, which request shall be reasonably considered.
B4.8 A Tutor acknowledges that a Student shall have the opportunity to review the performance of a Tutor, on the website, and that the Tutor’s receipt of lesson requests from Students may be affected by such reviews. We have no control over the reviews posted by Students and will not be liable for any loss or damages suffered by a Tutor as a result of a negative review.
B4.9 A Tutor is an independent contractor. As independent contractors, each Tutor decides when and how often the Tutor will be available to provide the Services to a Student. Each Tutor, subject to the Curriculum, controls the methods, materials, content, and all aspects of the Services. No Tutor may represent that that Tutor is our employee, agent, or representative nor bind us to any contract.
B4.10 Each Tutor has the sole discretion to accept or decline a request for the Services, as well as continue or discontinue a tutoring relationship with any Student.
B5. Payment
B5.1 All payments by Students and to Students shall be processed via the third party payment processor “Payfast”.
B5.2 The use of Payfast shall enable us to:
B5.2.1 bill a Student in lieu of directly processing a Student’s credit/debit card information;
B5.2.2 enable payments to a Tutor.
B5.3 Payment made by the Student to us shall satisfy the Student’s obligation with respect to the payment to the Tutor for the Services provided via the Website.
B5.4 The Tutor may set whatever rates the Tutor requires for a lesson, which rates are published on the Website. By booking a lesson with a Tutor, the Student is agreeing to the rates charged by that Tutor.
B5.5 The Tutor shall only be paid by us upon the Student confirming, on the Website, that the lesson has been validly completed. Such confirmation is required within 72 (seventy-two) hours of conclusion of the lesson, failing which the Tutor shall not be entitled to payment.
B5.6 Upon confirmation referred to in clause B5.5, we shall pay the Tutor the price of the lesson from the funds paid by the Student, less a commission of 15% (fifteen percent) of the cost of the lesson, which constitutes our fee in respect of the operation and management of the Website.
B5.7 Upon registration under clause B2, the Tutor shall furnish us with the Tutor’s bank account details, together with a letter from the relevant bank verifying such bank account details
B5.8 Upon receipt of the bank verification letter, as required under clause B5.7, we shall establish, on the Website platform, an e-wallet in the name of that Tutor, into which payments received from Students in respect of that Tutor, shall be allocated.
B5.9 a Tutor shall only be entitled to payment of funds in the e-wallet, once a month, on the following basis:
B5.9.1 in the event that a Tutor requires payment of funds from that Tutor’s e- wallet, the Tutor shall request payment of such funds, in writing, through a function on the website, no later than midnight (South African time) on the 20th day of the month
B5.9.2 provided that the Tutor has complied with clause B5.9.1, and subject to clause B5.5, payment of the funds requested by the Tutor shall be effected into the designated bank account of the Tutor on or before the 27th day of the same month.
B5.10 No interest shall accrue on funds held in a Tutor’s e-wallet.