TERMS OF USE

If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email here.


INTRODUCTION

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.


LICENSE TO USE WEBSITE

Unless otherwise stated, www.hellotutor.me and/or its licensors own the intellectual property rights published on this website and materials used on www.hellotutor.me. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.


ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.hellotutor.me or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without www.hellotutor.me’s express written consent.

This includes:

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of www.hellotutor.me.


Restricted access

Access to certain areas of this website is restricted. www.hellotutor.me reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. www.hellotutor.me may change or modify this policy without notice.

If www.hellotutor.me provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

www.hellotutor.me may disable your user ID and password at www.hellotutor.me’s sole discretion without notice or explanation.


USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you as a Tutor or Student submit to this website, for whatever purpose.

You grant to www.hellotutor.me a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to www.hellotutor.me the right to sub-license these rights, and the right to bring an action for infringement of these rights. You also grant to each user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.

You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Hello tutor does not endorse any Content or any opinion, recommendation, or advice expressed therein, and hello tutor expressly disclaims any and all liability in connection with Content.

You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable hello tutor to use your Content for the purposes of the provision of the Service by hello tutor, and otherwise to use your Content in the manner contemplated by the Service and these Terms.

You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for hello tutor to use or possess in connection with the provision of the Service.

On becoming aware of any potential violation of these Terms, hello tutor reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or www.hellotutor.me or a third party (in each case under any applicable law).

You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against hello tutor with respect to any such Content.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

www.hellotutor.me reserves the right to edit or remove any material submitted to this website, or stored on the servers of www.hellotutor.me, or hosted or published upon this website. This includes the right to disable or terminate the account of any user for any reason whatsoever. Should an account be terminated, all outstanding moneys will be paid to the relevant account holder within 60 days of termination.

Once content has been uploaded to www.hellotutor.co.za it cannot be removed from the platform without prior consent from hello tutor.

www.hellotutor.me’s rights under these terms and conditions in relation to user content, www.hellotutor.me does not undertake to monitor the submission of such content to, or the publication of such content on, this website.


TUTORS

By applying to use the hello tutor as an independent tutor you are agreeing to the following terms and conditions:

You will upload online tutorials using the hello tutor platform for learners who have registered with the site and will receive payment according to one of three channels, depending on the status of the learner users watching the video and hello tutor’s commercial arrangement with them.

Pay-per-purchase channel

Each time a learner clicks on a video uploaded by you as the Tutor, ZAR2.00 will be deducted from their account enabling them to view the relevant tutorial as many times as they like over a 48 hour period. This fee per view may be adjusted from time to time at hello tutor’s discretion.

Tutors will be paid all income owing to them by the 20th of each month, by the end of that month for balances exceeding R100 unless otherwise agreed between the Tutor and hello tutor. The Tutor’s Remittance is currently set at ZAR1.00 per video tutorial view through this channel but can be altered from time to time.

Subscriber channel

Students have the option of unlimited, unrestricted access to hello tutor for a subscription fee of R49 per month. Of this fee, R10 per month is put into a tutor pool. Funds from this pool are split between tutors on the basis of their volume of content (by time) as a portion of the total content (by time) on the system each month.

Socio-economic Development (Super Tutor) channel

Hello tutor provides businesses with a channel through which to reach and educate underprivileged South African learners via hello tutor hubs. Commercially, this is achieved through a monthly fee per hub. A portion of the fee per hub, determined at hello tutor’s discretion, is set aside each month on receipt from the sponsor and allocated to the Super Tutor payment pool. These funds are distributed amongst Super Tutors each month according to their volume of content (by time) market share. For more information on how this works, please contact enquiries@hellotutor.co.za.

You are an independent freelance tutor and nothing in this Agreement shall render or be deemed to render you an employee or agent of hello tutor.

Hello tutor and you declare and confirm that you shall have the status of a self-employed person and shall be responsible for all tax liabilities, National Insurance or similar contributions in respect of your fees.

There is no guarantee of any minimum number of tutorial views.

Tutors will work from home or from such other office or place of work as they may decide. Any costs associated with this will be borne by the Tutor.

Tutors will provide their own computer and associated equipment as necessary.

Tutors are responsible for uploading and maintaining their own profile information onto the hello tutor online platform. The information must be truthful and accurate.

If a learner expresses dissatisfaction that can be ascribed to failings on your part, payment for the relevant video tutorial can be withheld until an investigation is carried out and the outcome is communicated to you. If the findings indicate that you were responsible for the poor standard of the tutorial, hello tutor may withhold some or all of the payment in respect of that tutorial or may terminate this agreement. If the findings indicate that learner dissatisfaction was not attributed to any failings on your part, hello tutor will issue full payment to you in respect of the lesson.

If disputes arise, hello tutor and you will first seek to resolve the issues through dialogue and action as appropriate. If it is not possible to resolve such issues, hello tutor or you will have the right to remove your profile from the hello tutor platform. Hello tutor will pay for all tutorials views up to that date. Video content linked to a terminated profile will remain on the site under a generic profile set-up for this purpose. A record of all earnings against these videos will be kept and paid to the original tutor in perpetuity.

Video content, however, once uploaded by a tutor, cannot be removed from the platform.

You agree that you will not make or attempt to make any direct contact with Learners / Students. If hello tutor has reasonable grounds for suspecting that you are encouraging Learners to withdraw from, or reduce usage of, the hello tutor service by offering private classes then hello tutor may terminate this agreement.

You are not authorized nor approved to act or communicate on behalf of hello tutor and you shall not enter into any contract of any kind on behalf of hello tutor. You may not present yourself as having any position of authority within the hello tutor organization.


STUDENTS

Hello tutor is an online, collaborative reference platform which aims to access and leverage the vast bank of knowledge available amongst the general population. The platform is designed in such a way that anyone who is verified during the registration process as being suitably qualified to provide tutorials is able to upload educational video content which is then rated from a content, audio and visual perspective by the Learners themselves. Please be advised that not all of the video content on hello tutor has necessarily been reviewed by hello tutor, but that material can only be uploaded by individuals qualified to do so.

Should video quality or content not be of an acceptable quality either in terms of content or audio or visual standard, hello tutor has included certain feedback loops including filters, rating buttons and reporting buttons which will ensure videos of poor content is filtered out over time.

It is worth noting that most tutorial companies, even encyclopedias and reference works also have such disclaimers.

Hello tutor incorporates subject champions, leading individuals in the teaching community to oversee each uploaded curriculum used by Tutors as a blueprint for the uploading of content. These subject champions consult to the business and sign off the initial curriculum uploaded as well as any changes which are made from time to time.

Please note that none of the contributors, sponsors, administrators or anyone else connected with hello tutor can in any way whatsoever be responsible for the appearance of any inaccurate or libellous information or for your use of the information contained in or linked from these web pages.


USER INFORMATION

Tutors registering with Hello Tutor (Pty) Limited confirm that their level of education indicated during the registration process and supporting documents uploaded during the registration process are legitimate and authentic and that false representation in this regard constitutes fraud and may result in the termination of the relevant Tutors user account.

Tutors and Users registering with Hello Tutor (Pty) Limited confirm that the cell phone number provided is theirs and that false representation in this regard may result in the revoking of one’s membership.

All Users (Tutors and Learners) registering with Hello Tutor (Pty) Limited confirm that all other information provided during registration is accurate and that misleading other users may result in Hello Tutor (Pty) Limited cancelling one’s membership.


LINKS FROM HELLO TUTOR

The Service may include hyperlinks to other websites that are not owned or controlled by hello tutor. Hello tutor has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

You acknowledge and agree that hello tutor is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

You acknowledge and agree that hello tutor is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

Hello tutor encourages you to be aware when you leave the hello tutor website and to read the terms and conditions and privacy policy of each other website that you visit.


ENDING YOUR RELATIONSHIP WITH HELLO TUTOR

The Terms will continue to apply until terminated by either you or hello tutor as set out below.

If you want to terminate your legal agreement with hello tutor, you may do so by notifying hello tutor at any time. Your notice should be sent, in writing, to hello tutor’s email address which is set out at the beginning of these Terms.

Hello tutor may at any time terminate its legal agreement with you if:

A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or hello tutor is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or

Hello tutor may terminate its legal agreement with you if:

B. hello tutor is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or the provision of the Service to you by hello tutor is, in hello tutor’s opinion, no longer commercially viable and in the case of each of A and B of this clause where possible, give reasonable notice of such termination.

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and hello tutor have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.


NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied. www.hellotutor.me makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, www.hellotutor.me does not warrant that:


LiIMITATIONS OF LIABILITY

www.hellotutor.me will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

These limitations of liability apply even if www.hellotutor.me has been expressly advised of the potential loss.


EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit the liability of Hello Tutor (Pty) Limited in respect of any:


REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.


OTHER PARTIES

You accept that, as a limited liability entity, www.hellotutor.me has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against www.hellotutor.me’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect www.hellotutor.me’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as www.hellotutor.me.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.


INDEMNITY

You hereby indemnify www.hellotutor.me and undertake to keep www.hellotutor.me indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by www.hellotutor.me to a third party in settlement of a claim or dispute on the advice of www.hellotutor.me’s legal advisers) incurred or suffered by www.hellotutor.me arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to www.hellotutor.me’s other rights under these terms and conditions, if you breach these terms and conditions in any way, www.hellotutor.me may take such action as www.hellotutor.me deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.


VARIATION

www.hellotutor.me may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.


ASSIGNMENT

www.hellotutor.me may transfer, sub-contract or otherwise deal with www.hellotutor.me’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


ENTIRE AGREEMENT

These terms and conditions, together with www.hellotutor.me’s Privacy Policy constitute the entire agreement between you and www.hellotutor.me in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.


LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.


www.hellotutor.me’s details

The full name of www.hellotutor.me is Hello Tutor (Pty) Limited.

You can contact www.hellotutor.me by email here.




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