LocalTutor Terms and Conditions
Effective on January 5, 2018
Our mission is to connect individuals in the Kelowna area for Tutor Services. Our service is designed to enable you to connect to tutors with ease, allowing you to book a tutor in a matter of minutes.
IMPORTANT: PLEASE REVIEW THIS CONTRACT AND ALL HYPERLINKED MATERIAL.
Table of Contents:
2. Use of the Service
3. Obligations of Members and Visitors
4. You Assume All Risk in Using the Service
5. Rights and Limits
6. Intellectual Property Rights
8. General Terms
9. Governing Law
12. Dispute Resolution Policy
15. How To Contact Us
You are entering into this Contract with LOCALTUTOR (“LocalTutor”), (also referred to as “we” and “us”) and your personal data provided to, or collected by or for, our Services is controlled by LocalTutor.
You agree that by clicking “Join Now”, “Book Now”, “Confirm and Book Now“, “Join LocalTutor”, “Create a Free Account”, “Sign Up” or similar, registering, accessing or using our services, you are agreeing and/or accepting to enter into a legally binding contract with LocalTutor (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract”, “Terms and Conditions”, “User Contract” or similar), do not click “Join Now” (or similar) and do not access or otherwise use any of our services.
You agree that by clicking “Skip Logging In and Book a Tutor Now”, “Book Now”, “Confirm and Book Now”, “Book as Guest”, “Register as Guest”, “Guest”, “Visitor” or similar, accessing or using our services, you are agreeing and accepting to enter into a legally binding contract with LocalTutor (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Agreement”, “Terms and Conditions”, “User Agreement or similar), do not click “Join Now” (or similar) and do not access or otherwise use any of our services.
By agreeing, you agree that the Contract, Terms and Conditions, User Agreement or similar, are clear and unequivocal proof that the foregoing terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Contract.
If any of the foregoing is not understandable, it is your responsibility to seek and/or obtain independent legal advice.
2. Use of the Services
LocalTutor operates an online, third party platform, which customers (also referred to as “Clients”, “Members”, “Guest” or “Visitors”) can create a free account and login through our online Booking System to select and request Tutor Services (“Service”).
By submitting a booking request through the online platform on localtutor.ca, you are requesting Tutor Services. The Client, Member or Visitor is free to connect with a tutor (also referred to as “Tutor”, “Teacher” or “Instructor”) of the Client’s choice through LocalTutor’s database of Tutors.
LocalTutor does not offer, or provide the Tutor Services, but rather is a third party facilitator of private contractors that provide Tutor Services to a given Client, Member or Visitor. The Tutors are not, at any material time, an employee of LocalTutor. Accordingly, LocalTutor can receive and confirm Client’s requests for Tutor Services, issue invoices on behalf of the Tutor and facilitate payments from the Client to the Tutor.
This Contract applies to localtutor.ca; LocalTutor branded apps, communications and other services that state that they are offered under this Contract.
Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both.
3. Obligations of Members and Visitors
a. Service Eligibility
The Services are not for use by anyone under the age of 18.
To use the Services, you agree that: (1) you must be the legal age to form a binding contract with LocalTutor; (2) you will only have one LocalTutor account, which must be in your real name or your company’s full name; (3) a parent or legal guardian can sign on behalf of an underage student; and (4) you are not already restricted by LocalTutor from using the Services, either by LocalTutor, or you are barred from entering into any contractual obligation under legislation or by Court Order.
b. Your Account
After registering your account, you are now a “Member” of the LocalTutor community. As a Member, you agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law of your respective jurisdiction. You are responsible for anything that happens through your account unless you close it or report misuse.
c.LocalTutor’s Booking System
Members and Visitors can book a Tutor online using the online LocalTutor Booking System.
Members who wish to book a Tutor will have to login to their respective account and select a Tutor, time, date, location, and the duration necessary for the Tutor Service. A request for that particular Tutor, the subject material, grade level, time, date, location, the Member’s or Visitor’s phone number, duration, and the number of peers who will be attending, will be forwarded on to the Tutor by email.
Visitors who wish to book a Tutor will have to provide contact information to LocalTutor and select a Tutor, time, date, location, and duration necessary for the Tutor Service. A request for that particular Tutor, the subject material, grade level, time, date, location, duration, and the number of peers who will be attending, will be forwarded on to the Tutor by email.
The Tutor will either confirm or decline the booking request. If confirmed or declined, the Member or Visitor will receive an email indicating the status of the booking. The booking is declined if the Tutor is unable to confirm the booking.If the Tutor is unable to confirm the booking then any money advanced by the Member or Visitor to the Tutor is fully refunded back to the Member or Visitor.
Once a Tutor has completed the Tutor Service, the Tutor will update their profile status on LocalTutor to “completed by Tutor”. Upon updating their status to complete, a follow up email will be sent to the Member or Visitor indicating the same. In the follow up email, the Member or Visitor will have the option to provide a review and feedback on the Tutor Services provided by the Tutor. During the review and feedback, the Member or Visitor can confirm and select that the Tutor Service was either “complete” or “incomplete”. If the Member or Visitor does not select “complete” or “incomplete” within 24 hours from when the Tutor had updated their status to “completed by Tutor”, LocalTutor will automatically select the Tutor Service as “completed” and will make payment to the Tutor.
The review and feedback is then registered and applies to the Tutor’s LocalTutor profile. The review and feedback is based on a five star rating. A Member or Visitor is able to review and provide feedback of their appointment with their Tutor up to 30 days after the tutoring was completed. After the 30 day period has lapsed, the Member and Visitor will not be able to provide a review or any feedback to their Tutor for that given appointment.
Members and Visitors confirm that they are at least 18 years of age and possess the legal authority to use the booking system on LocalTutor. Members and Visitors agree that all information supplied while using localtutor.ca or the booking system will be true and accurate at all times.
LocalTutor has the right at any time to add, change or withdraw functions available on LocalTutor’s Booking System at its own discretion.
LocalTutor will send an invoice to a Member or Visitor once they book an appointment detailing the amount owed for hiring the Tutor. The Member or the Visitor may choose to pay this amount before, partially or in full, prior to the appointment or on the day of the appointment.
Unless stated otherwise or mutually agreed upon in advance, all payment must be made in Canadian Dollars (CAD). Members or Visitors can also pay securely with their credit card.
A Member or Visitor can also pay by email money transfer to [email protected]
Full payment to the Tutor must be made within 48 hours after the Tutor has completed their Tutor Services with the Member or Visitor.
Failure by a Member or a Visitor to pay the Tutor for Services rendered will have their information and/or Membership revoked in its entirety, and no further Service will be conducted on or with that Member or Visitor.
A late payment fee and administration fee will apply on overdue accounts. All invoices that are overdue by 30 days accrue 18% interest per month.
If a Member or Visitor has an unpaid account, has not paid or refuses to pay their invoice, that Member or Visitor’s account will be set to “delinquent”. Delinquent accounts have to pay within 24 hours of booking their appointment. If not paid, the appointments are cancelled.
If the Member or Visitor’s account remains “delinquent”, at the discretion of LocalTutor, that Member or Visitor’s account will be labeled as in “bad standing”.
Members or Visitors, who fail to pay the invoice sent by LocalTutor, hereby agree to pay the solicitor and client costs of LocalTutor pursuant to any legal proceedings to wit LocalTutor is indebted by the Member or Visitor.
LocalTutor has taken all practical and reasonable steps from both a technical and systems perspective to ensure that all of your information is protected. A secure payment gateway is used to process all transactions and payments through email transfer. LocalTutor does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorized access to your information.
e. Changes and Cancellations
Members and Visitors have up to 24 hours leading to the appointment to cancel or amend the Tutor Service free of charge or for a full refund. If a Member or Visitor cancels or amends a booking within 24 hours prior to the scheduled Tutor Service, they will be billed 50% of the amount owing to cover the Tutor’s lost wages. Members and Visitors can cancel the appointment during the performance of the Tutor Services; however, they will be charged the full booking amount.
Tutors have up to 24 hours leading to the appointment to cancel their appointment.
If the Tutor is unable to fulfill a confirmed booking, in full or in part, LocalTutor will refund, in full, or in part, any monies paid by the Member or Visitor.
f. Notices and Service Messages
You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
g. Discouragement of side contracts
LocalTutor can at any time use its discretion to terminate the Member or Visitor’s use of the Service if it believes or has grounds to believe, that the Member or Visitor has made separate arrangements with the Tutor in order to circumvent this Agreement with LocalTutor.
4. You Assume All Risk in Using the Service
TO THE EXTENT ALLOWED UNDER LAW, LOCALTUTOR AND ITS AFFILIATES (AND THOSE THAT LOCALTUTOR WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
a. Exclusion of Liability
USE OF THE LocalTutor PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, localtutor.ca IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER LOCALTUTOR NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE LOCALTUTOR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE LOCALTUTOR PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LOCALTUTOR PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE LOCALTUTOR PLATFORM OR THIS CONTRACT. ACCESS TO THE LocalTutor website and Booking Services IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER LOCALTUTOR NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE LOCALTUTOR PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER LOCALTUTOR NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE LOCALTUTOR PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. LOCALTUTOR AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
b. No Liability
YOU AGREE NOT TO HOLD LOCALTUTOR, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, CONTRACTORS, OR PARTICIPANTS LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE LOCALTUTOR PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY LOCALTUTOR OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL LOCALTUTOR OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE LOCALTUTOR PLATFORM OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. LOCALTUTOR AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE LOCALTUTOR PLATFORM, THE PROFESSIONAL SERVICES OR THIS CONTRACT. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT LOCALTUTOR OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO LOCALTUTOR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. (AMEND ACCORDINGLY)
LOCALTUTOR AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE LOCALTUTOR PLATFORM. THE LOCALTUTOR PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE LOCALTUTOR PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING MERCHANDISE HEREUNDER, LOCALTUTOR WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE LOCALTUTOR FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER.
BECAUSE LOCALTUTOR IS NOT INVOLVED IN THE ACTUAL CONTRACT BETWEEN THE MEMBERS/VISITORS AND THE TUTORS IN THE COMPLETION OF TUTOR SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OF THE TUTORS, YOU RELEASE LOCALTUTOR FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR 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 DISPUTE.
LOCALTUTOR WILL NOT BE RESPONSIBLE AND WILL BE EXCLUDED FROM ALL LIABILITY, FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY, LOSS OF LIFE, AND DAMAGE TO PROPERTY, THAT A MEMBER OR VISITOR MAY SUFFER IN CONNECTION WITH THE TUTOR SERVICE.
LOCALTUTOR CANNOT GUARANTEE AND WILL NOT BE HELD RESPONSIBLE FOR DELIGQUENT GRADES OF A MEMBER OR VISITOR AND CANNOT GUARANTEE THAT THE GRADES WILL IMPROVE.
d. Additional disclaimer
THE QUALITY OF THE TUTOR SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE LOCALTUTOR PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE TUTOR WHO ULTIMATELY PROVIDES SUCH TUTOR SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY HIRING A TUTOR, ANY CONTRACT THAT YOU ENTER INTO WITH THE TUTOR IS AT THE MEMBERS/VISITORS OWN RISK.
NOTHING IN THIS CONTRACT OR THE LOCALTUTOR PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE LOCALTUTOR PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS CONTRACT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE LOCALTUTOR PLATFORM.
YOU ACCEPT THAT, AS A CORPORATION, LOCALTUTOR HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST LOCALTUTOR'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS CONTRACT WILL PROTECT THE LOCALTUTOR'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS LOCALTUTOR.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS CONTRACT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
You hereby agree to indemnify, defend, and hold harmless LocalTutor, its licensors, and each such party's directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including solicitor and client costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the LocalTutor Platform (ii) your violation of this Contract, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the LocalTutor Platform. LocalTutor reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of LocalTutor.
5. Rights and Limits
a.Other Content, Sites and Apps
Your use of others’ content and information posted on our Services is at your own risk.
Others may offer their own products and services through LocalTutor, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. LocalTutor generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse.
We have the right to limit how you connect and interact on our Services.
LocalTutor reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. LocalTutor reserves the right to restrict, suspend, or terminate your account if LocalTutor believes that you may be in breach of this Contract or law or are misusing the Services.
6 Intellectual Property Rights
The LocalTutor Platform, and the information, data, content and materials, which it contains ("LocalTutor Materials"), are the property of LocalTutor and/or its affiliates and licensors, excluding User-generated content, which LocalTutor has a right to use. The LocalTutor Materials are protected from unauthorized copying and dissemination by Canadian and United States copyright law, trademark law, international conventions, and other intellectual property laws. LocalTutor and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the LocalTutor Materials. Any use of LocalTutor Materials, other than as expressly permitted herein, is prohibited without the prior permission of LocalTutor and/or the relevant right holder. The service marks and trademarks of LocalTutor, including without limitation localtutor.ca, and the LocalTutor logo are service marks owned by LocalTutor. Any other trademarks, service marks, logos and/or trade names appearing on the LocalTutor Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the LocalTutor Platform without the express prior written consent of the owner.
This Contract shall continue in full force and effect until such time as it is terminated by you or by us.
a. Termination by LocalTutor
To the extent permitted by applicable law, we may terminate this Contract or terminate or suspend your right to use the LocalTutor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Contract or any policy posted on the LocalTutor Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behaviour (collectively, "Prohibited Conduct") by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the LocalTutor Platform due to any Prohibited Conduct, we will refund in full any payments for Services that have not been performed or completed by a Tutor. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or email address, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, LocalTutor may delete the account and all the information in it. You have no ownership rights to your account.
b. Termination by You
You may terminate this Contract by completely and permanently ceasing to use the LocalTutor Platform (provided that there are no outstanding Services or invoices under your account) and by closing any account you have opened on the LocalTutor Platform. If you attempt to terminate this Contract while there are still outstanding invoices under your account, this Contract shall not terminate until such has been paid in full.
8. General Terms
If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only Contract between us regarding the Services and supersedes all prior Contracts for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that LocalTutor has waived its right to enforce this Contract. We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the LocalTutor Services.
9. Governing Law
Except where required otherwise by law, this Contract is governed and interpreted pursuant to the laws of the Province of British Columbia, Canada, and you agree to submit to the non-exclusive jurisdiction of the Courts of the Province of British Columbia, notwithstanding any principles of conflicts of law.
This Contract may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Contract without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Contract shall inure to the benefit of permitted successors and assigns.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
12. Dispute Resolution Policy
You hereby agree that if there is any dispute with respect to the Service that you agree to enter and mediate any dispute regarding the use of the Service.
You hereby agree that you will cover all legal costs of LocalTutor and of yourself with respect to mediation. You further hereby agree that LocalTutor will appoint and or request a mediator of its choosing, in order to mediate any dispute between LocalTutor and other individuals.
Any communication you send to us, including feedback data, such as questions, comments, or suggestions regarding the Site (collectively "Feedback"), is non-confidential, and may be used by us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback, without notice or compensation to you, and by submitting such Feedback you grant LocalTutor a perpetual, royalty-free worldwide license to use such Feedback in any medium whatsoever.
14. Definitions and Interpretation
In these Terms (including the recitals), unless the context otherwise requires:
“Appointment” means a time and place of whereby Tutor Services are to be provided, following a booking;
"Booking" means the booking made by the client on the Website or by phone for the provision of Tutor Services;
"Booking System" means the online system which enables the online booking to be made;
"Tutor Fee" means the fee (inclusive of goods and service tax, if applicable) for the Tutor Services charged on an hourly basis, as advised by LocalTutor from time to time;
“Tutor Service” means Tutor or teaching based services;
“Tutor-Portal” means the content accessible to Tutors on the LocalTutor website;
"Intellectual Property Rights" means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights whether existing before or after your access to the Website;
"Payment Amount" means the amount that will be paid by the Client to LocalTutor for the tutoring service being booked;
"Site Content " means all material on the LocalTutor website, content and information made available on the Website including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
"you", "your" means you as the user of the Website.
14.2 In these Terms, unless the context otherwise requires:
(a) headings are for convenience only and do not affect its interpretation or construction;
(b) the singular includes the plural and vice versa;
(c) references to recitals, clauses, sub clauses, paragraphs, annexures or schedules are references to recitals, clauses, sub clauses, paragraphs, annexures and schedules of or to these Terms;
(d) words importing a gender include other genders;
(e) the word "person" means a natural person and any association, body or entity whether incorporated or not;
(f) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(h) all monetary amounts are in Canadian currency;
(i) a reference to time refers to Pacific Standard Time;
(j) "includes" is not a word of limitation;
(k) no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;
(l) a reference to any thing is a reference to the whole and each part of it;
(m) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
(n) a reference to a document includes all amendments or supplements to, or replacements or novation’s of, that document.
15. How To Contact Us
If you want to send us notices or service of process, please contact us online at localtutor.ca or email LocalTutor at [email protected]