Last updated: October 6, 2020
2. Services Available on the Website
Without restriction, we generally offer the following services through the Website:
We offer private tutoring and supplemental education services to parents for their children in Kindergarten to 12th grade through our tutors typically carried out in person at the student’s home or public space in an one-on-one or small group setting or through our online virtual classroom. Our services include matching, scheduling, payment, support, and maintaining our online portal and virtual classroom.
The services we offer are subject to change over time. By using the Website, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.
3. Ownership of Your Files
When you choose to upload documents or data (including any images or text), TEACHREQUEST INC. does not review or pre-screen the contents of electronic data uploaded or posted to the Website (“Content”) and TEACHREQUEST INC. claims no intellectual property rights with respect to the Content.
However, by posting, uploading, inputting or submitting any Content whatsoever to the Website, you are granting TEACHREQUEST INC. an irrevocable, royalty free licence while the Content remains uploaded to the Website, to use the Content for any purpose related to the use and promotion of its business and the Website, including the right to copy, distribute, edit, and publicly display such content with or without attribution.
4. Payment Procedures
Payments for services or products available on the Website will be charged to you in accordance with the policies, procedures, and timelines posted on the relevant sections of the Website.
You agree to pay the fees applicable to your subscription and any other applicable fees, including but not limited to fees relating to the processing of transactions under your account (“Fees”).
All initial and recurring Fees will be charged to the credit card that you authorize for your account. It is your responsibility to keep your authorized credit card valid and up to date at all times. We may terminate or block access to your account if your credit card becomes expired or otherwise invalid at the time any Fees become due.
For purposes of processing payments, we use the following service provider:
Before using the Website, you must first review and approve the terms and conditions governing the use of these third-party payment processors, which are available at the following website(s): https://www.braintreepayments.com
You acknowledge and agree that all billing and transaction processes for In-App purchases are governed by the App Store Provider from which you originally downloaded the Website.
5. Refund, Exchange and Shipping Policies
Our current policies on refunds, exchanges and responsibility for lost, broken or stolen products are posted on the Website.
6. Your Account
The terms governing the features and capabilities of your account and the related fees can be found on the Website.
You may cancel and terminate your Account at any time in accordance with the terms and policies posted on the Website.
If at the date of termination of your Account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
8. Limitation of Liability
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free.
In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.
9. Copyright and Trademarks
The Website, Services and Collective Content are protected by copyright, trademark, and other laws of Canada and foreign countries. You acknowledge and agree that the Website, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of TEACHREQUEST INC. and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services or Collective Content.
- to view, download and print any TEACHREQUEST INC. Content solely for your personal and non-commercial purposes; and
- to access, modify, edit and download any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
10. Links to Third Party Website
The Website or Services may contain links to third-party websites or resources. You acknowledge and agree that TEACHREQUEST INC. is not responsible or liable for:
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by TEACHREQUEST INC. of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
12. Security Breaches
In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential.
You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.
We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
13. Warranties and Representations
We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.
TEACHREQUEST INC. and our tutors do not provide guarantees on improvement in grades or academic outcomes from our private tutoring and supplemental education services.
14. Compliance with Laws
You represent and warrant that:
- Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and
- Your use of the Website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.
15. Age Restrictions
Users under the age of 18 are only permitted to access and use the Website while under the direct supervision of a parent or guardian.
16. Governing Law and Dispute Resolution
17. Waiver of Class Action
By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against TEACHREQUEST INC. or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against TEACHREQUEST INC. otherwise commenced.
The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
18. General Terms
c. No Waiver
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
d. No Agency
In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.
f. Entire Agreement
20. Additional Terms
The following additional terms and conditions apply to the use of the Website:
a. Registration Deposit and Fee
We require a $15.00 registration deposit to confirm each tutor request for new customer accounts. This registration deposit will be used toward the first session with the matched tutor. If we are not able to match a tutor for the tutor request within 14 days, this registration deposit will be refunded with the original payment method. If a tutor is matched for the tutor request within 14 days, and the parent does not accept the match, the registration deposit will be forfeited to TEACHREQUEST INC.
b. Good Fit Guarantee
While all our tutors are experienced and certified teaching professionals, we understand that it is still possible that the assigned tutor’s teaching style may not best suit your child. In case where you or your child are not completely satisfied with the matched tutor after the first tutoring session:
- Please contact our customer support team at firstname.lastname@example.org within 48 hours of completing the first tutoring session.
- We will match you with another tutor who will be of good fit for your child, and the next tutoring session fee with the new tutor will be waived.
- If your free additional tutoring session with the second tutor is still unsatisfactory, we will attempt another match with a third tutor before issuing a refund to you.
Abuse to this guarantee will not be tolerated and may result in account suspension.
c. Frequency Nature of Request
As you request for our tutoring services, you agree that sessions will recur on a weekly basis for the frequency specified in the tutor request, and the end date is estimated to be the end of the current school year at the end of June unless specified otherwise.
Our tutoring services have no contract period, and are only offered on a pay-as-you-go basis. You may cancel one, multiple, or all future appointments at any time, subject to our cancellation policy.
d. Planned vs. Actual Tutoring Session Duration
Tutoring sessions have a planned duration which you provide when you request for a tutor. However, the actual tutoring session duration is calculated based on the logged session start time and end time provided by the tutor in our system.
Additional charges, calculated in 15-minute increments at the session hourly rate, apply if a tutoring session actually takes longer than the planned duration. In general, to avoid schedule impact and additional charges, tutors are instructed to keep tutoring sessions to the planned duration. If extension of longer than 15 minutes to a tutoring session is anticipated, the tutor will notify you at the earliest opportunity and you can discuss with the tutor if you have any concerns. Consequently, you agree to also aim to keep tutoring sessions to the planned duration, and accept any additional charges resulting from tutoring sessions taking longer than planned.
If you wish to change the duration of tutoring sessions, whether one-time or recurring, contact TeachRequest Support ahead of time for assistance.
e. Cancellation Policy
|Advance cancellation||Cancellation fee (% of scheduled tutoring session fee up to 1 hour)|
|24 hours to 12 hours||25%|
|12 hours to 6 hours||50%|
|< 6 hours||75%|
|< 3 hours||100%|
f. Tutoring Session Location
The parent or guardian of the child(ren) is responsible for electing the location of the in-person tutoring sessions, so long as the location is a reasonable and safe location, and is agreed upon by the tutor.
The location can be a private home or a public place. We recommend for the first session to be held in a public place / online. Location for subsequent tutoring sessions can then be negotiated and agreed upon between the parent or guardian and the tutor.
Unless the parent or guardian of the child(ren) gives us consent via explicit written agreement of consent in your account profile, the child(ren) should never be left alone with their tutor without parent or guardian supervision for in-person tutoring sessions.
g. Academic Honesty
As all our tutors are certified teaching professionals, we take academic honesty very seriously.
TEACHREQUEST INC. and our tutors do not condone and will refuse to be involved in facilitating academic dishonesty, such as knowingly assisting students to cheat, commit fraud, or obtain grades or degrees they have not earned. This includes:
- Cheating: Requesting or providing unauthorized outside help on an academic assignment
- Impersonation: Assuming a student’s identity for any purpose
- Plagiarism: Using the work of another person without proper attribution
Our tutors aim to help students understand concepts and develop effective problem solving approaches.
h. Referral Promotional Terms
When a new customer signs up with your personal 8-digit referral code, you as our existing customer will receive a $30 credit towards your next tutoring session, after the new customer whom you referred has successfully been matched with one of our tutors and completed four (4) tutoring sessions. If your child is no longer tutoring with us, you will receive a $20 e-gift card of your choice from one (1) of the following retailers:
- Tim Hortons