Welcome to "Tutorela"- The marketplace for private tutors and online lessons
The website https://www.tutorela.com and https://www.tutorela.es (the "Website") and the related services (and together with the Website, the "Services"), are being provided by Limud Naim ltd. , which is located at Kaplan street 2, Tel Aviv- Yafo (referred to herein also as the “Company”, “we,” “us,” or “our”).
1. ACCEPTANCE OF TERMS
These Terms of Service are a contract between us and you (or the "User"), and describe our business relationship with you and how we will work together with respect to the Services, including the nature and limitations of the Services we agree to provide to you, including in how you are permitted to use the Website.
ONCE ACCEPTED, THESE TERMS OF SERVICE BECOME A BINDING LEGAL AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU SHOULD NOT CLICK THE “I ACCEPT”, “CONTINUE” OR “GET STARTED” BUTTON AND YOU SHOULD NOT USE OUR WEBSITE AND SERVICES.
2. THE SERVICES
Under the Services we provide an online platform to be used as a virtual classroom for learning and teaching online classes. Our platform is also a portal, which enables users and students to choose tutors, online classes and courses and an online guide of private tutors in various areas. Tutors may create online profiles and search for students from different locations and in different fields.
We allow each independent User seeking to provide tutoring services to have a personal webpage as well, while students may easily search for Tutors. We also publish articles from time to time through the Website regarding the Services.
Tutors do not have any employment relations with us and work as freelancers.
All Users must: (a) be of legal majority age at their jurisdiction and have capacity to agree to these Terms on their own behalf or on behalf of a minor who will be receiving tutoring services; (b)provide accurate, current, and complete information about themselves as required during Website registration (“Registration Data”); (c) maintain the security of any password and identification information used to access the Website; (d) maintain and promptly update the Registration Data and any information you provide to the Company, keep it accurate, current and complete; and (e) accept all risks of unauthorized access to information and Registration Data.
IF YOU ARE UNDER THE AGE OF 14 YOU ARE NOT PERMITTED TO USE THE WEBSITE OR THE SERVICES WITHOUT YOUR PARENTAL OR LEGAL GUARDIAN'S CONSENT. Further, Users must be aware of the Notice to the Tutor and the Notice to the Student and read those notices prior to obtaining any services.
WE RECOMMEND STUDENTS NOT TO MEET WITH TUTORS AT THE TUTOR'S HOME (UNLESS THERE IS AN EARLY ACQUAINTANCE WITH THE TUTOR) AND ANYWAY, PARENTAL ADVISORY IS REQUIRED.
3. YOUR ACCOUNT
If you create an account on our Website or use our Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account and any other actions taken in connection therewith.
You must immediately notify us of any unauthorized use of your account or any other breaches of security. Without derogating from Section 10 below, we will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
By creating an account, you represent and warrant to us that you are a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, mobile phone number, and any other information requested in order to complete the registration process. The information you provide when you register for the Website will be stored in the database of the Website.
You may not use your account or the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction or the laws of any jurisdiction under which the use of the Services or Information may be governed.
4. FEES AND SUBSCRIPTION
General. Some of our Services are subject to payments of fees. Therefore you agree to pay fees in accordance with the agreed rates.
Invoicing Payment Terms. Invoices will be sent to you via email as a PDF on a monthly basis, per course or per class – by the tutor and on her/his responsibility. We are not responsible nor will be liable with respect to the invoicing of the fees.
Taxes. Unless otherwise stated in a purchase order, the tutor shall be solely liable for and shall pay all Taxes imposed on or with respect to the Services that are the subject to these Terms of Service.
Credit Card Payment Terms. You may elect to pay the tutor via credit card through our platform, then you are responsible.
Suspension or Termination. If we suspend or terminate the Services pursuant to these Terms and Service, then we will have no liability for any damage, liabilities, losses, claims, demands or any other consequences that you may incur in connection with any such suspension or termination as further detailed in Section 11 below.
5. INTELLECTUAL PROPERTY RIGHTS
These Terms of Services do not transfer from us to you any of our or third party's intellectual property, and all rights, titles and interests in and to such intellectual property, including any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Website shall exclusively remain solely with us.
We claim no ownership, responsibility or intellectual property rights over any of the content or materials you provide to us.
6. LIMITED USE LICENSE
You may not duplicate, copy, resell, reuse, exploit or reverse engineer any portion of the Services without our prior written consent. You may not launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that automates extraction of site content beyond your subscription usage of our API, which is subject to these Terms of Service.
Without our prior written consent, you may not develop or derive for commercial sale any data in any form that incorporates or uses the information, and you may not transfer or disclose the information to anyone else.
We do not endorse or support the use of our Services where such use would result in the user breaching any agreement you have with a third-party. By accepting these Terms, you warrant that you will not use our Services in violation of any third- party agreement, whether currently in force or entered into following acceptance of these Terms. We reserve the right to refuse or rescind permission to use the Services in the event we learned that a third-party contract has been breached or that use of the Services is likely to result in such a breach.
You may not use our website in any manner that:
- Breaches these Terms of Service.
- Breaches any applicable local, national or international law or regulation.
- Infringes our copyright, trademark, trade secret or other intellectual property rights, or of third parties.
- violates the privacy, publicity or other personal rights of others.
- Is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect and/or;
- Has the potential to, interfere with any other party's use or enjoyment of the Website (or servers or networks connected to it).
7. USER CONTENT
User contents submitted to the Website are not under our full control and therefore we will not be held liable for them, including with regard to their content, reliability, accuracy, and to any harm, inconvenience, loss or distress caused to you, directly or indirectly, as a result of the use of the user content.
Subject to the provisions of applicable law, by submitting or transmitting any user content to the Website, you grant us with a non-exclusive, worldwide, fully paid-up, royalty-free, sublicensable and transferable license, with the right to use, copy, reproduce, digitally perform, modify, directly or through third parties, create derivative works, translate and use in whatever way we deem appropriate.
8. REMOVAL OF CONTENT
You understand and agree that the Company reserves the right at all time to determine whether content uploaded to its Platform is in compliance with this Terms of Service, and may suspend, remove, modify or disable access to any content or materials comprising a part of the Service at any time without prior notice. In no event the Company will be liable for such suspension, removal or disabling.
Company agrees that users, with respect to any content, may report to the Company at [email protected], in any time, a content that is harmful, the Company will further look into the content and decide whether to remove it.
9. DISCLAIMER OF WARRANTIES
While we engage in a diligent practice of maintaining and updating the Services, we do not have control over the production, availability, or accuracy of third-party data included or sought to be included as a product of the Services.
The platform services. The Services (including all courses and classes) and all materials contained therein are distributed and transmitted on an "as is" and "as available" basis, without representations and warranties of any kind, either express or implied, including, without limitation, representations and warranties of merchantability or fitness for a particular purpose, infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the services or with respect to the information and material contained in these services.
Operators only. We are acting solely as an online operators of the platform and are not making any representations and warranties of any kind with respect to (i) any engagement between the tutor and the student; (ii) any content for the classes or courses nor we do not have the ability to oversee them – the tutor is solely responsible for its content and services; (iv) the Users' content.
Tutor's responsibilities. Please note that we are not making any screenings to the tutors, we are not making any background checks and they do not act on our behalf. The student may elect to engage with the tutor on her/his sole responsibility.
We will not be liable for (i) any of the tutors or students' actions of omissions; (ii) the tutors' professional skills, reliability, of (iii) any of the content provided by the tutors or the students.
10. LIMITATION OF LIABILITY
Neither we, nor our suppliers and licensors, be liable with respect to any matter relating to these Terms of Service or any Purchase Order, under any contract, negligence, strict liability or other legal or equitable theory for: (i) any indirect, special, incidental, punitive, or consequential damages; (ii) the cost of procurement for substitute products or Services; (iii) for interruption of use or loss or corruption of data; (iv) any loss of income, documents, files, profit, goodwill, data and/or computer time, recovery of programs, the costs of downtime and/or third party claims and/or legal fees, even if informed of the possibility of such damages; or (v) for any amounts that exceed the fees paid by you to us under these Terms of Service or any Purchase Order during the three (3) month period prior to the cause of action. We will have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by any applicable law, you shall indemnify, defend and hold us and our affiliates, and anyone acting on our behalf, harmless, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, demands, costs, liabilities, damages and expenses, including attorney’s fees, legal expenses and expert fees’ and other costs of litigation, resulting or arising from, incurred as a result of or in any manner related to your breach or violation of these Terms of Service or any other use by you of the Website and the Services, or any applicable law.
12. GOVERNING LAW AND JURISDICTION
You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern these Terms of Service. You expressly agree that the exclusive jurisdiction for any claim or dispute with us or relating in any way to these Terms of Services resides solely in the competent courts located in the city of Tel Aviv-Jaffa district, Israel.
These Terms of Service may be amended by us at any time and from time to time. It is our policy to publish any changes that amend these Terms of Service on our Website. Changes to these Terms of Service shall become binding and effective when they are published on our Websites. Your continued use of the Website or the Services after the amended Terms of Service have entered into effect will constitute your acceptance of them.
14. CONTACT INFORMATION
If you have questions or concerns regarding these Terms of Service, please contact us at: [email protected]