Terms and conditions

Effective: May 6, 2022

Who we are

Welcome to EQualifai, an online platform intended to be used by Students, their Parents and Tutors for arranging online or face to face tutoring classes.
The Services provided under these Terms of Service are owned, operated and distributed by EQualifai Me SRL, a company registered and organized under the laws of Romania, having its registered office at no. 9 Eroilor Bulevard, 2nd floor, Cluj-Napoca, Cluj County, registered with the Cluj Office of the Trade Registry, under no. J12/6337/2021, sole identification no. 45420047, contact e-mail [email protected]. Please address any legal questions or claims to [email protected] (referred to as “EQualifai”, “we” and “us”).
Throughout these Terms of Service “you” or “your” may refer as applicable to each Student, Parent, Tutor or visitor of the Website, accessing or using any of the EQualifai Services.
If you are any form of legal entity, a company, a corporation, a subsidiary, a branch, a department or other separate unit of such, a joint-venture, a partnership, an NGO, or any other form of legal organization (hereinafter referred to as a “company“), any obligation incurred by “you” based on these Terms of Service shall also be incurred and shall be read as to extend also to your employees, agents and contractors and to any other entity on whose behalf you accept these Terms.

1. DEFINITIONS

All capitalized terms used herein will have the meanings set forth in these Terms of Service:
“Account” means the account you create on the EQualifai Website, having the credentials you have provided associated, which allows you to access the EQualifai Services as a unique User;
“Blog”- means EQualifai blog and its applicable features, including articles writings and, once this feature will be made available, also comments from Users;
“Content” means all information, text, materials, images, data, links, software, or other material accessible through the Website, Services and/or the Blog, whether created by us or by you or provided by another person for display on the Website or through the Services and/or the Blog;
“Feedback” means suggestions, ideas and rankings, offered by Users about EQualifai Services and/or about tutoring services;
“Login Credentials” – means the credentials (username and password) provided or enabled by EQualifai to the User in order to register an Account on the Website, based on the type of access applicable to the User’s use of the Website (whether Student, Parent or Tutor);
“Parents” means parents, legal representatives or legal guardians of the Students;
“Services” or “EQualifai Services” represent all means through which the tutoring classes are facilitated between Students/ Parents and Tutors such as: through the Website, online discussion forums and chat rooms, video rooms, as well as any other services and features available through the Software, the Website and the Blog;
“Software” means a set of instructions, data or programs used to operate computers and execute specific tasks related to EQualifai Services;
“Student” means a natural person, who is interested in tutoring and is looking for a Tutor through the EQualifai Website.

“Tutor” means a natural person who is interested in teaching other people a certain subject and who offers tutoring services for a predetermined fee;

“Tutor Session” means a – specific tutoring class/learning hour;

“User” means a Student, Parent or Tutor accessing or using our Services or an user of the Website without creating an Account;

“Website” – means www.eQualifai.com and its sub-domains and is an online platform intended to be used by Students (and/or their Parents) and Tutors, as well as by any Consumer, in connection with the EQualifai Services;

2. GENERAL INFORMATION

2.1. Terms of Service

These Terms of Service describe the terms and conditions applicable to your access and use of the Website and the website software application made available through or in connection with the Services (hereinafter the “Terms” or “Terms of Service”).

Use of the EQualifai Services (as defined above) is subject to these Terms of Service (the “Terms of Service” or “Terms”) and any other rules or policies that are published on the Website that apply to specific activities in which you participate, or to specific Services you benefit of, including but not limited to: Privacy Policy and Cookies Policy which can be found on the bottom page of the Website. These are legally binding agreements governing the relationship between EQualifai and any User or visitor of the Website and/or of the EQualifai Services

Please, read these Terms of Service carefully before using the Website and/or Services and contact us at the contact details mentioned in Section 29 of these Terms if you have any questions, requests for information, or complaints. By accessing any part of the Services, you are agreeing to the terms and conditions described in these Terms of Service, including the policies referenced in these Terms of Service. If you do not accept these Terms of Service, please, do not use the Website, do not click “Sign up as a student/tutor” (or similar) and/or do not otherwise use the Services.

You agree that by using the Services and providing the respective consent, you are agreeing to enter into a legally binding contract with EQualifai and indicate your unconditional acceptance of these Terms, on your own behalf and, if you are a Parent, also on behalf of the Student represented by you who uses the EQualifai Services.

These Terms are available in Romanian and English version and can be accessed in these languages at the following internet address: www.equalifai.com. The Terms are available for you to store and reproduce for individual use.

As a User or a visitor of our Services, the collection, use and sharing of your personal data is subject to the Privacy Policy and Cookies Policy as these may be subsequently updated, which can be found on the bottom page of the Website,. For more information about when, where, and why we collect personal data, how we use it, the conditions under which we may disclose it to others, your rights in respect of your personal data, please refer to our Privacy Policy.   

2.2. EQualifai Services

You may be accessing and using the EQualifai Website, Service and Software as (i) a Student, (ii) a Parent, (iii) a Tutor, or (iv) a visitor simply using the functionality, including that of the Blog, and/or reviewing the Content, that is publicly available on the Website.

Our platform allows Students and their Parents searching for Tutors, and Tutors searching for Students, to connect for and deliver and pay for or receive payment for online and face to face lessons. EQualifai does not provide tutoring services. Furthermore, please be advised that, although EQualifai may suggest some Tutors that could meet the Students/Parents requirements, it is for the Students/Parents to decide who Tutors to choose. EQualifai does not match Tutors with Students or Parents.

2.3. Amendments to these Terms

EQualifai is entitled to amend these Terms at any time. Any changes to these Terms and Services shall become effective on the date indicated by EQualifai, but not earlier than 15 days from the moment EQualifai notifies Users about the changes and makes the amended Terms available to them, in particular by publishing it on the Website and sending a notification to the e-mail address assigned to the Account of the User (if the User has logged in to its the Account in the last 180 days).

Upon the first logging in to your Account after a change of the Terms occurs, you will be notified of the changes made to the Terms once you access the Website and you will be required to accept the amended Terms.

EQualifai may amend the Terms without observing the 15-day prior notice term referred to above, including with immediate effect, if:

  • is subject to a legal or regulatory obligation under which it is required to amend the Terms in a manner that prevents it from complying with the aforementioned 15-day notice period,
  • must exceptionally amend the Terms and Conditions to counter the unforeseen and immediate threat on the online intermediation services, in order to protect Users from fraud, malware, spam, data breach or other cybersecurity threats.

If the changes to the Terms are not accepted, you may terminate the contractual relationships with us, by ceasing using the Website and any of the EQualifai Services or by giving notice to us on your intention to terminate the Terms at [email protected] . In such latter case, termination will occur within 15 days after the User is notified on the changes to the Terms of Service.

By continuing to use the Services following amendment of these Terms, you consent to be bound by the Terms as amended.

3. OBLIGATIONS

3.1. Access of Services. Eligibility

EQualifai Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a Parent. In this case, the Parent is responsible for any and all activities of the Student.

3.2. Verification of Tutors and other Users

As part of the Services, we ask our Tutors’ to provide their ID documents (passport, ID card, etc.) and claimed educational credentials (educational background documents, as diplomas, certificates etc.). The Tutor has to upload a copy of the Tutor’s ID and educational document(s) on the Website and these will be verified using ID Analyzer and to represent and warrant that all such copies are true copies of the original, but EQualifai does not undertake to make any additional verification on the trueness and accuracy of such information and documents and undertakes no liability in relation to such. All uploaded educational documents and credentials will clearly be marked on the Tutor’s profile on the Website.

We do not control and are not responsible for any information provided by any Tutor with the aim of completing his/her profile and providing the tutoring services. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the information provided by the Tutors themselves or from a third party and do not independent verify this information.

EQualifai cannot confirm that each User is who they claim to be. You agree and understand that you assume all risks when using the Services, including without limitation any and all of the risks associated with any online or offline interactions with other Users.

While we use good faith efforts to confirm that each Tutor on our Website is a legitimate instructor, we are not able to provide any assurances regarding the trustworthiness of Tutors and the information they provide via our Website as regards the information associated with their profile on the Website, including their grades and qualifications, criminal background checks, sex offender registry checks and other background checks. When interacting with other Users you should exercise caution and common sense to protect your personal safety, just as you would when interacting with other persons whom you don’t know. Neither EQualifai nor its affiliates is responsible for the conduct, whether online or offline, of any User when accessing the Services. EQualifai and its affiliates will not be liable for any claim, injury or damage arising in connection with your use of the Services, unless in accordance with these Terms.

You understand and agree that EQualifai may, in its sole discretion, review and rely on the information that you, as an User provide as part of your information, including when creating your Account on the Website and also as part of the Services accessed or provided (including Parents/Students/Tutors feedback) and may decide to suspend or terminate your User Account or to investigate a complaint about an User, but that EQualifai shall not be responsible or liable in any way if any information about any person, including without limitation any User, is not accurate, timely or complete or for any consequence of the suspension or termination of your account.

3.3. Privacy

You may use the Website and Blog without providing personally identifiable information, as an anonymous User. To use the Services, we may require you to provide us consensually your personal data. Please refer to our Privacy Policy and Cookies Policy which can be found on the bottom page of the Website for additional information on our practices for handling, processing and securing user’s personal data. When you choose to create and Account or to register for or participate in Services or other events in relation to the Services, you agree that you will provide accurate, complete, and up to date personal data as requested on the forms that collect information from you.

3.4. Payment

Your purchase of and payment for Tutor Sessions shall be regulated by the Payment and Refund terms provided in this and next Section.

PLEASE READ THEM CAREFULLY BEFORE MAKING A PAYMENT, AS IT DETERMINES YOUR RIGHTS WITH REGARD TO YOUR PURCHASES, INCLUDING ESSENTIAL RESTRICTIONS AND EXCLUSIONS.

EQualifai strives to ensure clear understanding of financial relations between Students/Parents and Tutors with respect to the Services we provide and the tutoring services. The terms of this Section apply to all Services.

 We use third party payment services (Stripe) to bill you, as Students/Parents, through an online account payment which will directly process your credit/debit card information. Your payment information, such as your credit or debit card number and other card information is handled by a specialized, third-party payment processor and never reaches EQualifai infrastructure. Please read more about the privacy security in our Privacy Policy. These payment services are enabling your transfer and receipt of funds as payment for Services acquired on/provided on the Website. If you make payments via our Website or through any related service provider though our Website, you agree that your activities are subject to our additional terms specified in these Sections 3.4 (Payment) and Section 3.5 (Refund). .

We also use third party payment services (Stripe) for making the payouts for Tutors, and those payment services process such transactions.

Tutor-Student/Parents Transactions

EQualifai facilitates contracts between Users (Students or their Parents and Tutors) by supplying the Website for them to request, deliver and pay for such Services. EQualifai Website is only a platform and in no case will be a party to any contracts made by Tutors and Students, or any other service or materials provided by a Tutor. EQualifai will in no way be responsible for monitoring any transactions between Students/Parents, and Tutors.

Billing Currency and Foreign Exchange Risk

Payment transactions will be processed in one of the available currencies as available in the payment platform (Stripe). Payments between Romanian residents may only be performed in the national currency, RON.

For your convenience prices may also be shown in your local currency.. In this case the payment transactions will be processed in other currencies. You might be required to support fees incurred due to foreign exchange.

Cancellation of a Tutor Session (Lesson)

Tutor Sessions (Lessons) can be cancelled before the lesson is due to start and rescheduled thereafter only by contacting the Tutor and with his/her approval via the EQualifai Website. In case of rescheduling, you will be considered to conclude a new contract with the respective Tutor for the new Tutor Session.

Otherwise, you are liable to be charged the full amount for the scheduled Tutor Sessions (lesson), unless the Tutor agrees not to charge you after a formal discussion.

We reserve the right for every Tutor to charge the cost of the Tutor Sessions (lesson) that is cancelled without the Tutor’s agreement, without possibility of this amount being refunded to the Student/Parent or transferred to other Tutors.

Chargeback Related

In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by us) in connection with your purchase of any lesson(s), you agree that we may suspend access to any and all Accounts you have with us and to any of the Services.

Fees, incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a payment provider, and disputes that require accounting or legal services shall be covered by you.

Expired Account

In case your last activity on EQualifai Website as of the last payment date is for more than 360 (three hundred sixty) days, your Account may be considered expired and gets deleted. Along with your Account or profile all personal data processed by EQualifai will be erased, within the next 30 days, unless otherwise required by law or unless EQualifai has a legitimate interest to keep such data.

Deletion of an Account

You may request to delete your Account at any time, however, there are no refunds for cancellation.

In case EQualifai shall suspend or terminate your Account because of breach of any of the Terms of Services and any of our policies, you understand and agree that you shall receive no refund or exchange for any unused lessons or any portion of the Service, any content or data associated with your Account, or for anything else.

Payment Services

We use third party payment services to bill you through an online payments account in lieu of directly processing your credit/debit card information. Correspondingly all transactions are secured as our partners-payment providers use SSL encryption protection. All payment information is stored encrypted and securely by Stripe. We do not store your payment information on our servers.

Data Provided by You

You agree and understand that billing information, which you provide to make payment for Tutor Sessions (lessons)) through EQualifai, namely your credit card information and/or PayPal account information, is processed by our partners-payment provider (Stripe) only. EQualifai does not collect, store or otherwise process your billing information.

You agree that EQualifai will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of our partners-payment providers in addition to this policy.

You acknowledge that we may change our partners-payment providers and require them to transfer your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

 Payments and Taxes

Available payment methods through our Services depend on your country of residence. Look up for your country on the Stripe website for detailed info on these payment methods and any limitations

All payments shall be made through the Services. Upon receiving payment from a Student (or a Parent on a Student’s behalf), EQualifai will hold such payment and disburse it to the applicable Tutor on a pro-rata basis on a per lesson basis, less the commission owed to EQualifai. All Users agree that they will not sell or buy Tutor services or materials from another User other than through our Services.

Tutors, Students and Parents will be liable for all transaction fees on the services related to the delivery and consumption of services through our Website.

Registering to become a User of EQualifai is free. Parties are responsible for paying all fees and applicable taxes associated with delivery and consumption of services through our Website, as well as for using the tools with a valid payment method. We charge Tutors a commission for our Services by subtracting the EQulifai commissions established based on our contracts with the Tutors, from the payments to be distributed to the Tutors..

Payouts

Tutors get payment for each confirmed lesson by a Student/Parent..

Other

EQualifai is not a bank or any type of a financial institution, and we do not provide any financial services or advice. Any payments made via our platform are made solely for the purpose of consumption and delivery of educational services between Students and Tutors. Such payments may not be made and used for any fraudulent, criminal or illegal activity as defined by the law.

The exchange rates provided on our Website do not always reflect the real market situation for a specified date. Such exchange rates are provided for the comparative and informational purposes only in order to help you get the best possible Services on our Website. In order to get the real exchange rates on a specific date, please, advise your bank or any other official financial institution.

3.5. Refund

EQualifai strives to ensure clear understanding of financial relations between Students/Parents and Tutors with respect to the Services we provide. In case you are not satisfied with the Services or any other reason applicable you may be eligible for a refund in accordance with these Terms. . To the fullest extent permitted by law and unless otherwise provided in the Terms of Service, any refunds at any time are at our sole discretion only.

You may be eligible for refund in case you are not satisfied with a Tutor Session, or you claim that a Tutor Session that you have paid for, has not taken place. In such a case, upon its sole discretion, EQualifai may choose to investigate you claim. Should EQualifai determine that your claim has been made in good faith and you have been charged a fee for that Tutor Session, you may be eligible for reimbursement. In that case, your fees will be refunded within 14 days as of EQualifai communicating that your claim for reimbursement has been approved, using the same payment means used for your initial purchase, unless you agree otherwise.

If you are a Customer, You may decide to withdraw from these Terms and Service and/or waive the acquired Service and may communicate us your decision, within 14 days following your acquisition of the Services. In case you are entitled to withdrawal, there will be no additional fees to be paid by you.

There are also situations where You will not be entitled to withdrawal and waiving of the acquired Services, such as:

  • if you do not acquire the Services as a Consumer;
  • if the Services have been fully performed already, if the performance has begun with Your prior express consent and with the acknowledgement that you will lose your right of withdrawal once the Services has been fully performed by the Tutor/other service provider;
  • if you will acquire digital content, which is not supplied on a tangible medium, if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.

4. RIGHTS AND LIMITS

4.1. Your License to EQualifai

In case you are a Student or Parent, EQualifai hereby grants to you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Services, the Website and the Software solely for your non-commercial, personal use and subject to these Terms and other policies and restrictions that we may post on our Website from time to time.

In case you are a Tutor, EQualifai hereby grants you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Services, the Website and the Software solely for the delivery of your personal services to your clients (i.e. Students) and subject to these Terms and any other policies and restrictions that we post on our Website from time to time.

You agree not to view, copy, or procure Content or any other information from the Website and Software by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Website and Software (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by EQualifai under separate written agreement.

No materials or Content from the Services or Website may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without EQualifai’s prior written permission and/or the permission of the owner of such Content or as expressly provided in these Terms.

Where you purchase a subscription or a license to access the Services, you may not share that subscription or license with others and such license is non-transferable.

EQualifai may impose reasonable limits on your scope of access to the Services, including limits on time or number of information accessed or devices used to access such Services though one Account, to prevent unauthorized third party access to or use of the Services.

 In using the EQualifai Service, You undertake not to:

 

  • breach any applicable local, state, national or international law, including, but not limited to any data, privacy, or export control laws, or regulations, and your use of EQualifai Service will not involve any of the following (which are listed as an example): death threats, terrorist threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, and other common illegal activities;
  • transmit, upload, or otherwise publish or make available any of your data or Content that is in any way illegal, aggressive, harmful, threatening, abusive, harassing, tortious, defamatory, offensive, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or promotes race, ethnicity, sex, gender, religion, nationality, physical disability, sexual orientation or age discrimination;
  • transmit, upload or post, or otherwise publish or make available as part of your Content or any other data any material, document or file that you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment or other contractual relationship, or under nondisclosure agreements);
  • infringe any patent, trademark, trade secret, copyright or other proprietary rights of any third party-by using the EQualifai Services;
  • use the EQualifai Services to upload, transmit, or otherwise make available any malware, including without limitation, virus software, root kits, password crackers, adware, key-stroke capture programs, and other computer code, files or programs used in malicious activity and created to interrupt, destroy or limit the functionality of any computer software or hardware;
  • use, or encourage, promote, facilitate or instruct others to use, the EQualifai Service for any illegal, harmful or offensive use, or for transmitting, storing, displaying, distributing or otherwise making available content that is illegal, harmful, or offensive;
  • use the EQualifai Service to send or receive mass unsolicited email (SPAM), including direct sending and receiving of such messages, support of such messages via web page, splash page or other related websites, or the advertisement of such services, or to upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, otherwise than as allowed under these Terms;
  • use the EQualifai Services for fraudulent or terrorism activities, including activities for advocating human violence and hate crimes based upon religion, ethnicity, or country of origin, or to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by an European government as a foreign terrorist organization pursuant to applicable law;
  • use the EQualifai Services for storage, distribution, fabrication, or use of malware, including without limitation virus software, root kits, password crackers, adware, key-stroke capture programs and other programs normally used in malicious activity;
  • use the EQualifai Services to perform any activity associated with phishing or systems designed to collect personal information (name, account numbers, usernames, passwords etc.) under false pretence. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal of your Content and closing of your account.
  • sublicense, resell, rent, lease, transfer or assign, except as permitted by these Terms of Service, the EQualifai Service or its use, or offer the EQualifai Service on a time share basis to any third party;
  • disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other Users’ ability to use the Services in accordance with their purpose;
  • intentionally use the EQualifai Services in a manner intended to interfere with or to disrupt the proper use of the EQualifai Service by other Users or servers or networks connected to the EQualifai Service, or breach any regulations, rules or policies of networks connected to the EQualifai Service;
  • modify, adapt, or hack the EQualifai Services or use the EQualifai Service in a non-authorized manner;
  • use the EQualifai Service to put the minors in danger in any way or to use or harm such minors in any way, to manipulate identifiers in order to disguise the origin of any of your data or Content, to harass any other person and/or to collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.

In order to guarantee the proper use of the EQualifai Service as granted by these Terms of Service, to the extent permitted by applicable law, EQualifai has the right to gather any and all information regarding your use of the EQualifai Service and any and all of your data and Content associated with your Account during your usage of the EQualifai Services.

Any breach of the terms of these Terms of Service and particularly, any breach of the provisions of this Section 4.(RIGHTS AND LIMITS) entitles EQualifai to immediately terminate your Account and to pursue any and all legal available remedies. In addition, EQualifai reserves the right to reject creation of or to terminate your Account, upon its sole discretion and based on notification sent to you, should it be considered by EQualifai that Your behaviour and/or intended use of the EQualifai Service is not compatible with the permitted use, the terms of these Terms of Service or any other EQualifai policies communicated to you. You remain solely responsible for the way you choose to use the EQualifai Services and for your data associated with your Account, as well as for your Content. You must evaluate, and bear all risks associated with such use of the EQualifai Services and of your data.

EQualifai reserves the right, yet does not assume the obligation to investigate any violation of these Terms of Service or misuse of the EQualifai Services. EQualifai may investigate violations of these Terms or misuse of the EQualifai Service and may remove, disable access to, or modify the data associated with your Account or any of your Content or resource that violates these Terms of Service. You will be notified on this action by email sent to the email address associated with your Account.

EQualifai may report any activity that EQualifai suspects that violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third-parties. EQualifai reporting may include disclosing your data or appropriate customer information. EQualifai may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third-parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms of Service.

If You become aware of any violation of these Terms, you need to immediately notify EQualifai and provide EQualifai with assistance, as requested, to stop or remedy the violation. To report any violation of these Terms of Service, please contact EQualifai at [email protected].

All rights not expressly granted herein are reserved to EQualifai.

4.2. Your Account

Certain of our Services are reserved for registered Users on our Website. To become a registered User you must register on our Website for Login Credentials to be provided or enabled by EQualifai based on the type of access applicable to your use of the Website (whether Student or Parent or Tutor). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. Parents will be responsible to supervise the activity under the account of their minor children Account. You agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken.

You may use the Blog and its features without a registered user status. This shall not preclude the application of these Terms and other EQualifai’s applicable documents and policies to your use of the Blog, in particular when you submit your article(s) or leave comment(s) on the Blog or create any other Content.

You may not (i) create more than two Accounts (one as a Tutor and one as a Student) to access the Website and the Services, (ii) share your Login Credentials with any third party nor (iii) transfer your Account to any third party. EQualifai is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You agree that you shall not rent, resell, or remarket the Website, or provide access to the Services to any third party.

Upon registering for our Services an account for Students you must create an Account and provide at least your name, surname and an email address. You must also confirm that you are over 18 years old or that you have your Parent consent to access the Services. A verification of your Parent consent may be performed by EQualifai, to ensure that you have your Parent consent to access the Website and the Services. You may select a profile photo to display with your Account information. Please be advised that provision of your photo is not an obligatory term to use our Services. You may edit your Account with additional information at your sole discretion. Additional information may help you to get more from the Services, for instance, finding a necessary Tutor or respectively being found by the Students. At the same time, you are not required to provide additional information, not specifically necessary for the registration, it is your choice. The processing of any personal data you choose to share within your account is subject to our Privacy Policy.

Upon registering for our Services a profile for Tutors you must create an Account and provide at least your name, surname and an email address. You can add your expertise and type of tutoring services that you are offering in your Account, as well as your price for the Tutoring Sessions. Please be advised that provision of your photo is an obligatory term to use our Services. You may edit your profile with additional information at your sole discretion. Additional information may help you to get more from the Services, for instance, finding Students interested in your tutoring services. At the same time, you are not required to provide additional information, not specifically necessary for the registration. You may be invited for an interview once you open an Account with the Website. EQualifai reserves the right to accept or to reject your application for an Account based on this interview. In case your application is rejected, you will have no claim against EQualifai. Therefore, it is your choice whether to include additional data to your profile, or not, such as a video introduction, location, skills, education and work experience. The processing of any of your personal data you choose to share within your account is subject to our Privacy Policy.

4.3. Direct Interactions

Equalifai does not take part in direct interactions between Students/Parents and Tutors except when we consider it advisable:

to ensure compliance with these Terms;
to improve our Services; or
to manage a complaint filed by either a Student, Parent or a Tutor;
to make a refund, in accordance with these Terms.
Equalifai does not have control over transactions between Users except as stated in these Terms . Equalifai does not control Tutor Sessions or any tutorising services provided by Tutors, any reviews or ratings provided by Users, nor the actions or omissions whatsoever of any User.

4.4. Representations and Warranties

Tutor-Specific Representations.
If you utilize the Services as a Tutor, (i) You represent and warrant that for each provided Tutor Session you have the right to provide the services contained in such Tutor Session for the purposes of these Terms and through the Website and that you are capable of fulfilling any offers contained in such Tutor Session; (ii) You warrant that you will keep all your Tutor Sessions up to date on the Website by notifying Equalifai of any changes that would affect the accuracy of such Tutor Sessions;; (iii) You acknowledge and agree that Equalifai may display advertisements on the Services in connection with your Tutor Sessions without any payment obligation to you; (iv) You acknowledge and agree that Equalifai may add the Equalifai logo to your profile picture, , publishing the picture and videos including your profile picture on the Equalifai Website and any other advertising channel including by adding the description and link to the Tutor’s profile in accordance with Section 4.5 below and our Privacy Policy; (v) You agre e to use good faith efforts to provide Students a professional-quality tutoring experience; (vi) you are legally eligible to provide tutoring in the jurisdiction where you provide tutoring; (vii) you have complied and will comply with all laws and regulations that are applicable to you; (viii) you operate an independent enterprise with respect to which you have obtained all business licenses or are authorised as an authorised natural person and have all permits necessary to legally provide tutoring services ; (ix) you will pay the legally required taxes and social security contributions related to the incomes obtained by you further to the tutoring services you provide through the Website; (x) you acknowledge and agree that in certain jurisdictions (such as Romania), tutoring activities are not allowed as long as the professors (tutors) providing the remunerated tutoring activities are also professors of the same Students benefiting of their tutoring services, in the educational institutions where such Students and undertake to observe any such or similar legal restrictions and to refuse the provision of the tutoring services if these will be in breach of any applicable legal requirements.

Tutors will be solely liable for any breach of the representations above and for any damages resulting from such breach and Equalifai expressly disclaims any liability in relation to any representation issued by a Tutor in accordance with the above terms of otherwise towards any Student or Parent or any other User.

Student-Specific Representations.
If you utilize the Website as a Student or Parent, (i) You agree to honour the commitments you make to the Tutor via the Website, including to pay for his/her Tutor Sessions; (ii) You agree that you will not circumvent or manipulate our fee structure, the billing process, or fees owed to Equalifai or to the Tutor, nor fail to deliver payment for items purchased by you from the Tutors or from any items or Services purchased from the Website; and (iii) You agree to interact with Tutor online or on a face-to-face meeting for the Tutor Sessions in good faith, with the full observance of these Terms. You represent that you are fully entitled and allowed to access the Services offered though the Website.
You agree not to use Services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace or any applicable law or regulation.

4.5. Tutors’ Ranking

Equalifai may use many pieces of information in order to show to a Student/Parent the Tutors that best match a Student’s preferences and its requested tutoring services or to impose the ranking and the matching between Tutors and Students. The order in which Tutors are displayed may depend on a number of factors including, but not limited to, the following – in no particular order:
  • the subject/domain the Student is searching for;
  • the type of tutoring services requested;
  • the location of the Student;
  • the language that a Student is viewing the Website in;
  • the time zone of the Student;
  • the overlap in working hours between the Tutor and Student’s time zones;

 

  • the overall availability of time slots on a Tutor’s calendar;
  • the past performance of a Tutor in helping their Students to achieve their learning goals;
  • the quality and completeness of a Tutor’s profile, including their introduction video or amount of information uploaded in their Account profile;
  • how responsive a Tutor is to Students messages;
  • the Student reviews and ratings of Tutor’s lessons;
  • the Students rating of individual lessons;
  • prior learning history of a Student on the Website.

4.6. Lesson Recording

Equalifai may record and transcribe videos of your lessons, as per our Privacy Policy. These recordings and transcriptions are intended for the purpose of helping the Student that benefitted of a Tutor Session to learn better through the ability to search and rewatch the lessons. The Tutor Sessions may also be made available to the Student if the Tutor account is deleted, unless the Tutor has requested that all his/her data is deleted on the Account closing. They may also be used for security purposes and for conflict/claims resolution by EQualifai. Recordings will not be shared externally, used for individual targeting, or used for any sales, marketing, or other promotional purposes.

4.7. Limits

While using the Services, you agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, tax laws etc.; Provide accurate information to us and keep it updated; Use the Services and Website in a manner that is lawful, relevant and proper to the applicable laws and in accordance with these Terms.
Any use of the Website that EQualifai, in its sole discretion, founds inappropriate and/or offensive may result in restriction, suspension and/or termination of a User Account with or without notice. While using the Services, you agree that you shall not manipulate the price of any goods or services offered within the Services and on the Website, in any manner. Furthermore, you shall not disrupt or otherwise interfere in any way with any other User’s use of the Services. By accessing our Services or any chat room, online discussion forum, or other Service provided through our Website that allow Users to communicate to other Users (“Study Groups”, “Public Areas”), you agree to be abided by the following standards of conduct and you agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or Services to:
Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by EQualifai;
Circumvent or manipulate our fee structure, the billing process, or fees owed to EQualifai or the Tutors;
fail to deliver payment for items purchased by you, unless the Tutor of such Tutor Sessions has materially changed the session’s description, or you cannot reach the Tutor or its payment information;
As a Tutor, fail to deliver Tutor Sessions purchased from you, unless the Student or Parent fails to meet the posted terms, an upfront payment of the Tutor Session was agreed and payment was not made or you cannot reach the Student or the Parent;
Manipulate the price of any item or interfere with other Users’ listings on the Wesbite;
Use a name or language that EQualifai, in its sole discretion, deems offensive;
Post false, inaccurate, misleading, defamatory, or libelous content (including personal data);
Post hateful or racially or ethnically objectionable Content;
Post Content which infringes another’s copyright, trademark or trade secret;
Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service;
Post unsolicited advertising or unlawfully promote products or services;
Take any action that may undermine the feedback or ratings system when it becomes available (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to EQualifai);
Website or using it for purposes unrelated to EQualifai);
Harass, threaten or intentionally embarrass or cause distress to another user, person or entity.
Impersonate another person;
Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
Exploit children under 18 years of age;
Engage in disruptive activity such as sending multiple messages in an effort to monopolize your position;
Alter, license, sublicense or translate the Service for your own personal or commercial use;
Introduce viruses, worms, Trojan horses and/or harmful code to the Website;
Obtain unauthorized access to any computer system through the Website;
Transfer your EQualifai Account (including feedback) and Login Credentials to another party without our consent;
Harvest or otherwise collect information about Users, including email addresses and any data associated with their Account, without their consent;
Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age);
Solicit personal data from children under 18 years of age;
Violate any federal, state, local, or international law or regulation;
Encourage conduct that would constitute a criminal or civil offense.
Any Content or other data that you post or made available in a Public Area on the Website or on the Blog can be viewed and accessed by other Users. EQualifai will not be responsible for the action of other Users with respect to any information, materials or Content posted in Public Areas.

5. WEBSITE CONTENT

Users have a personal, non-transferable, non-exclusive and non-sub-licensable right to access and use the Content of this Website subject to these Terms. You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:
The Content may be used solely for internal informational purposes and/or in relation to the Services. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;
The Content of another User or made available by EQualifai may not be modified;
Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission and the permission of such third party or User that may own the trademark or copyright of material displayed on this Website.

6. CONTENT SUBMITTED BY USERS

We are not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted through our Website. We do not verify and pre-screen information posted online. We are acting as a passive conduit for such distribution and Equalifai may not be responsible for Content posted by any Users. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of Equalifai. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted by You to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website and in other way in relation to the Services.
We have the right, but not the obligation, to randomly monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and any other applicable rules that we may establish, as well as for the purpose of Services’ improvement. We have the right in our sole discretion to edit or remove any material submitted to or posted through the Website. Without limiting the foregoing, we have the right to remove any material that Equalifai, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable, and You are solely responsible for the Content that you post on the Website or in any other way in relation to the Services.
If you believe that your intellectual property rights have been infringed, please submit your complaint to [email protected]. You may report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims. We will make our best efforts to respond quickly to the concerns of rights owners about any alleged infringement, including intellectual property infringement. Equalifai may decide to terminate the Account of any User that subsequently or significantly infringes rights, including intellectual property rights of another User or of any third party.

7. LINKS TO THIRD-PARTY WEBSITES

The Website may contain links to non-Equalifai (third-party) websites. These links are provided to you as a convenience and/or ancillary for the Services use, and Equalifai is not responsible for the content of any linked website or the content available therein. Any non-Equalifai website accessed from the Services is independent from Equalifai, and Equalifai has no control over the content of that website. In addition, a link to any non-Equalifai website does not imply that Equalifai endorses or accepts any responsibility for the Content or use of such website. Use of any third-party website is subject to its terms of service and privacy policy. We request that our Users exercise caution and good judgment when using third-party websites or any other third party resource.

8. ADVERTISEMENT

We will not include your content in advertisements for the products and services offered by any third parties to others, without your separate consent.
Equalifai may run advertisements and promotions from third parties on the Website, subject to the contractual terms agreed with such third party. Should you decide to participate in any third-party advertising available on Equalifai Website, you will be subject to the contractual terms agreed by you with such third party including in terms of your payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such contractual relationships or advertising. Equalifai is not responsible or liable for any loss or damage of any sort incurred as the result of any such contractual relationships or advertising or as the result of the presence of such non-Equalifai advertisers on the Website.

9. NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Equalifai of that third party or of any product or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third-party website does not imply that we endorse or accept any responsibility for the content or use of such a website. Equalifai does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

10. SCOPE OF SERVICE

Equalifai maintains this Website as a service to the Users that visits the Website, subject to these Terms. You are responsible for obtaining and paying for any equipment and Internet service necessary to accessing our Services. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, subject to the conditions provided herein. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or Services. You acknowledge that the Website is evolving and that the form and nature of the Website, including the Services, may change from time to time.

11. RELATIONS BETWEEN EQUALIFAI AND USERS

As regards the Tutors, the Services are not an employment/engagement services between Equalifai and such Tutors. Equalifai does not serve as an employer of any User unless separately subject to a signed, written employment contract signed by both the User and Equalifai. Users may use Equalifai Services only for the purpose of providing tutoring services or other services allowed on the Equalifai Website to or receive tutoring services or other services allowed on the Equalifai Website from other Users, using the Services and only subject to these Terms.
As such, Equalifai will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, workers’ compensation insurance, social security or payroll withholding tax in connection with your use of Services or Users’ services, unless otherwise provided by applicable law. You understand and agree that if Equalifai is found to be liable for any tax or withholding tax in connection with your use of Users’ services or the Website, you will immediately reimburse and pay to Equalifai an equivalent amount, including any interest or penalties thereon.
In all cases of use of this Website and in accessing the Services and providing/benefiting of the tutoring services, Users are acting as independent contractors and not as Equalifai’s or any other party’s employee, agent, franchisee or servant. Accordingly, you will be solely responsible for all costs incurred by you or your organization/company. You shall not hold yourself out as having authority to make contracts or promises on behalf of EQualifai.
The Services provide connection between Tutors and Students and/or Parents who access the Website and are willing to provide/acquire the Services. Tutors act as independent contractors. As independent contractors, each Tutor decides when and how often the Tutor will be available to provide the tutoring services to Students online though the Website or on face-to face Tutor Sessions, but in all cases registered through the Website (except that inactivity for 180 consecutive days may result in deletion of a Tutor’s Account). Each Tutor controls the methods, materials, content and all aspects of the Tutor’s Sessions. Any sample Tutoring Packages or instructional materials that may be made available to Tutors by EQualifai are for a Tutor to review and to decide whether to use it or not in the Tutor’s sole discretion. The Services allow Tutors to create Tutoring Packages adapted to the requirement of any Student, for certain number of hours that may occur over a number of Tutoring Sessions. Tutors establish their own prices for the tutoring services, including for the Tutor Sessions, but such prices must be in good faith established and at market value. EQualifai does not interfere in any way with the establishment of the prices agreed by the parties in relation to the tutoring services.
Students/Parents are responsible for selecting the right Tutor for their needs. Students should review and investigate each Tutor’s self-reported credentials, Account information, education, and experience, as well as reviews from other Parents and/or Students. All Tutoring sessions should be supervised by a responsible adult. Each Tutor has the sole discretion to accept or decline or continue or discontinue a tutoring relationship with any Student, provided that in case of prepaid Tutor Sessions, if termination occurs with no cause by the Tutor, Tutor will be required to reimbursed and prepaid fees cashed for tutoring services that have not been provided to the respective Student.
Tutors may perform tutoring services or any other online platform or physically, in any educational institution, or do other types of work (either as an independent contractor or employee or other) while these Terms are in effect and as long as they are accessing the Services, provided that such other activities do not require or do not imply Tutor to violate or threaten to violate these Terms, including but without being limited to the Confidentiality and Intellectual Property obligations provided herein.

12. ASSIGNMENT

You may not assign or transfer these Terms in whole or in part to any third party. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees, and permitted assigns.

13. FEEDBACK

You acknowledge and agree that EQualifai may provide you with a mechanism to provide Feedback, suggestions, and ideas, if you choose, about our Services “”and to provide/receive Feedback from Users (whether Students/Parents or Tutors) with whom you have transacted.
Feedback regarding EQualifai. By submitting any Feedback you provide us a written consent to use your Feedback in improvement and promoting the Services; you agree that submitting a Feedback is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by accepting your Feedback submission, EQualifai does not waive any rights to use similar or related ideas previously known to EQualifai, or developed by its employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancement and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, or without it in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide compensation to you or any third party.
Feedback Regarding Users. You acknowledge that Feedback provided to you may consist of comments and ratings left by other Users in relation to your tutoring services or use of the tutoring services and generally knowledge and behaviour, as applicable and that EQualifai may calculate a composite Feedback number based on these individual ratings. Tutors agree to be rated by Students and/or Parents along several criteria, as determined by EQualifai. EQualifai provides its automatic feedback and rating system as a means through which Users can express their opinions publicly, and EQualifai does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to EQualifai’s attention. You may be held legally responsible for damages suffered by other EQualifai Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory or have been unlawful in any way. EQualifai is not legally responsible for any Feedback or comments posted or made available on this Website or during the provision/use of the Services by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and Feedback system immediately by contacting customer service at [email protected]

14. RESTRICTION, SUSPENSION AND TERMINATION

With regard to Students/Parents

We may restrict, suspend and terminate the access to our Website of any User Account that is a Consumer, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate Users who violate these Terms, as deemed appropriate in our sole discretion. Paid tutoring services that the Student has not benefitted of will be reimbursed within [30] days as of the termination, in case termination of these Terms and of the Student/Parent Account is made without cause.

With regard to Tutors

EQualifai may decide to restrict or suspend the provision of its Services to a Tutor, subject to providing the Tutor concerned, at least 30 days prior to the restriction, termination or suspension taking effect, , with a statement of reasons for that decision, at the e-mail address of the Tutor registered in his/her account. Restriction, suspension and/or termination of these Terms of Service and of a Tutor Account can be made with no prior notice should the Tutor breach, in the opinion of EQualifai, any material term of these Terms of Service.
The statement of reasons shall contain a reference to the specific facts or circumstances, including contents of third-party notifications, that led to the decision of EQualifai to terminate or suspend the Tutor’s Account and access to the Services, as well as a reference to the applicable grounds for that decision.
In the case of such restriction, suspension or termination of the Terms and Services, EQualifai shall give the Tutor the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in Article 24 below. Where the restriction, suspension or termination is revoked, EQualifai shall reinstate the Tutor and his/her Account without undue delay, including by providing the Tutor with any access to personal or other data and its Content, or both, that resulted from its use of the relevant Services prior to the restriction, suspension or termination becoming effective.
The 30-day notice period shall not apply where EQualifai:
(a) is subject to a legal or regulatory obligation which requires it to terminate the provision of the whole of its Services to a Tutor in a manner which does not allow it to respect that notice period; or
(b) exercises a right of termination under an imperative reason pursuant to national law;
(c) is able to demonstrate that the Tutor has repeatedly or materially infringed the Terms, resulting in the termination of the provision of the whole of the online intermediation Services in question.
In cases where the notice period does not apply, EQualifai shall provide the Tutor, without undue delay, with a statement of reasons for that decision. However, EQualifai does not have to provide a statement of reasons where it is subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds, or it can demonstrate that the Tutor has repeatedly or immediately infringed the Terms, resulting in termination of the provision of the Services.
The provision of the Services is made by the Tutors subject to the provisions set out in these Terms. You may delete your Account/profile on the Website at any time. In case you are not using your EQualifai Account for more than 180 (one hundred eighty) days following the last payment and held no lessons (no scheduled and no confirmed for the last 180 days) and/or received no payment for any Tutor Session, your Account t will be considered expired and will be deactivated. EQualifai will continue to keep the data and Content associated with your Account for no more than 30- days as of the termination. You may consult the Privacy Policy available on the Website for more information about the choices you have regarding the data and Content associated with your Account and what happens with these a upon termination of your Account and of these Terms of Service.
Even after your right to use the Services is terminated or suspended, these Terms will remain enforceable against you as regards the provisions that are intended to survice such termination.

15. STATUTORY RIGHT OF WITHDRAWL

A User who is a Consumer, shall have a period of 14 days to withdraw from this Terms of Service without giving any reason. The withdraw period will expire 14 days from the day on which you agree to these Terms. To exercise the statutory right to withdraw from these Terms, you must inform us by contacting us at: [email protected]
This right entitles the Consumer to a full refund of any fees potentially paid in advance,, within [30] days following his/her withdrawal request in accordance with these Terms.
The Consumer hereby agrees and acknowledges that he/she will lose the withdrawal right in case:
  • of Services that have been fully performed, if the performance has begun with the Consumer’s prior express consent;
  • of supply of digital content, which is not supplied on a tangible medium, if the supply has begun with the Consumer’s prior express consent.

16. INTELLECTUAL PROPERTY RIGHTS

All intellectual property in the design and layout of this Website, Service, Software and the Content provided by EQualifai on the Website belongs to and is vested in EQualifai or its licensors. You may not copy, use or license any part of this Website, unless you have EQualifai prior consent or as otherwise allowed under these Terms. You may not otherwise use or reproduce any of this Website or the material contained within it in any manner other than those listed herein without first obtaining the prior written permission of EQualifai.
The Software and any other software that may be made available by or on behalf of EQualifai in connection with the EQualifai Service, as well as any related software components, which may include associated media, printed materials, and “online” or electronic documentation (hereinafter referred to as “Related Materials”) contains proprietary and confidential information that is protected by applicable intellectual property laws and international treaties. For purposes of these Terms, the Related Materials include without limitation operating instructions, user manuals, performance information and any other material provided by EQualifai in relation to the Website and/or the Services, in whatever form or format EQualifai considers.
You acknowledge that (i) the EQualifai Software made available by or on behalf of EQualifai in connection with the EQualifai Service and the Related Materials, as well as all copies, improvements, enhancements, modifications and derivative works thereof, and all intellectual property rights therein are and shall remain the sole and exclusive property of EQualifai, and that (ii) the EQualifai Software and Related Materials are protected under the applicable intellectual property legislation and international treaties.
You further acknowledge and agree that, as between you and EQualifai, EQualifai owns and shall continue to own all right, title, and interest in and to the Website, EQualifai Services, EQualifai Software and Related Materials, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws and international treaties. These Terms do not grant You any ownership interest in or to the EQualifai Service, EQualifai Software or the Related Materials, but only a limited right of use, that is revocable in accordance with the provisions of these Terms of Service.
Except for the limited rights and the limited, non-exclusive, non-transferable, and non-sub-licensable license to use the EQualifai Software and the Related Materials for Your own use and as authorized in these Terms only in relation to the EQualifai Services and the Webiste, no other license is granted hereunder and no other use is permitted.
Unless otherwise stated in these Terms of Service, all Content contained on this Website is the property of EQualifai and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by European copyright law, trademark law, international conventions and other intellectual property laws. The service marks and trademarks of EQualifai, including without limitation EQualifai and the EQualifai logos are service marks owned by Equalifai Me SRL. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
EQualifai grants you permission (which may be revoked at any time for any reason or no reason) to use the Website and the Software for the Services as provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. Equalifai reserves all of its statutory and common law rights against any person or entity who violates this paragraph.
You may not link or frame to any pages of the Website or any content contained therein, whether in whole or in part, without prior written consent from EQualifai. You may like or follow EQualifai or share links to the Website via social networking technology referenced on the Website. Any rights not expressly granted herein are reserved.
Except as expressly authorized by EQualifai or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

17. COPYRIGHT INFRINGEMENT

Since we respect Content owner rights, it is EQualifai’s policy to respond to alleged infringement notices that comply with the WIPO Copyright Treaty (WCT) (1996). If you believe that any materials on our Services infringe your copyright, you may request that they be removed. Please notify EQualifai via [email protected] . For your complaint to be valid under the WCT, your request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Website;
Information reasonably sufficient to permit EQualifai to contact you, such as your address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to [email protected] with subject “WTC Notice” and in written form to Equalifai Me SRL Bulevardul EROILOR, Nr. 9, Etaj 2, Cluj-Napoca, Romania.
If you knowingly misrepresent that materials available on the Website is infringing your or any third party intellectual property rights, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.
Please note that this procedure is exclusively for notifying EQualifai that your copyrighted material has been infringed. The preceding requirements are intended to comply with Equalifai’s rights and obligations under the WTC, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the WTC and other applicable laws.
In accordance with the WTC and other applicable laws, Equalifai may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

18. CONFIDENTIALITY

You may obtain direct access via the use of the Services to certain confidential information of EQualifai, its affiliates or Users, including but not limited to personally identifiable information, technical, contractual, product, program, pricing, marketing, Related Materials and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You agree to hold Confidential Information in strict confidence and not use the Confidential Information except for the purposes set forth in these Terms and not disclose such confidential information to any third party. All right, title and interest in the Confidential Information remains with EQualifai, its affiliates and its respective Users.
No obligation is imposed upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from EQualifai or other User, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) you are required to disclose in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and is disclosed after prior notice to EQualifai adequate to afford EQualifai the opportunity to object to the disclosure.

19. DISCLAIMER OF WARRANTY

Use of the Services is entirely at your own risk. EQualifai disclaims all liability in connection with any interactions, correspondence, transactions, and other dealings that you have with any third parties, including without limitation Students, Parents or Tutors found on or through the Website (including on or via linked websites or advertisements). These are solely between you and the third party or the respective User (including issues related to the content of third-party advertisements, payments, services, delivery of goods, warranties (including product warranties), privacy and data security, and the like. Under no circumstances will EQualifai be liable for any loss or damage caused by your reliance on information in any Content on this Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website.
You acknowledge that the Website and all Services, text, images, and other information on or accessible from this Website are provided ”as is” and are based in part on listings provided by Tutors, which are not verified by EQualifai, and that any Tutor Session, listings or other Content acquired through the use of the Website and the Services is at your sole risk and discretion. EQualifai and its affiliates and licensors are not liable or responsible for any results generated through the use of the Website. We provide no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of the Services. Specifically, but without limitation, EQualifai does not warrant that: (i) the information available on this Website is free of errors; (ii) the functions of the Services (including but not limited to mechanisms for the downloading and uploading of Content) provided by this Website will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) this Website or the server(s) that makes it available are free of viruses or other harmful components. Neither Equalifai nor its affiliates or licensors is responsible for the conduct, whether online or offline, between Users.
In addition, notwithstanding any feature a Student or Parent may use to expedite Tutor selection, each Student or Parent is responsible for selecting their Tutor and negotiating a contract and the fess applicable to the Tutor Sessions and EQualifai does not warrant any goods or services purchased by a Student or Parent and does not recommend any particular Tutor. EQualifai does not provide any warranties or guarantees regarding any Tutor’s professional accreditation, registration or license or quality of his/her tutoring services.
EQualifai expressly disclaims any liability or claims that may arise between Users of its Services. You are solely responsible for your interactions with all other Users and any disputes that arise from those interactions with other Users. EQualifai is not obliged but may attempt to assist in resolving disputes between Users.

20. LIMITATION OF LIABILITY

Disclaimer. In no event shall Equalifai be liable to any User of this Website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the Website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses, except for acts committed intentionally or through gross negligence.
  • Limitation. You agree Equalifai’s total cumulative liability in connection with these Terms, the Website, the Software, the Services, the Content, or any listing or services, whether in contract, tort, or otherwise, shall not exceed the amounts, if any, you paid in commissions to Equalifai for the Services in the then- prior three months.

21. INTERNATIONAL

This Website may be accessed from countries other than Romania. This Website and the Services may contain products or services or references to products and services that are only available within Romania. Any such references do not imply that such products and services will be made available outside Romania.
If you access and use this Website outside Romania, you are responsible for complying with all applicable local laws and regulations.
We make no representation that information on this Website is appropriate or available for use outside Romania. Those who choose to access this Website from outside Romania do so on their own initiative and at their own risk.

22. INDEMNIFICATION

By using the Services, you agree to indemnify, hold harmless and defend Equalifai and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys’’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services and Website, including but not limited to ( a) acts and/or omissions on or off the Website; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Website; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Website, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such’ websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third-party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Website. You further agree that you will cooperate as requested by EQualifai in the defence of such claims. EQualifai reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of EQualifai without the written consent of EQualifai.
In the event that you have a dispute with one any User/s, you hereby release EQualifai (and its officers, directors, agents, investors, subsidiaries, employees, contractors and any other third parties related to the Services) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown, arising out of or in any way related with such disputes.

23. INTERNAL COMPLAINTS SYSTEM

EQualifai ensures the functioning of the internal complaint handling system within the meaning of Art. 11 sec. 1. Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services. Users’ complaints relating to the issues listed in this Regulation and in relation to these Terms and provisions of Services may be submitted to EQualifai at [email protected]

24. NOTIFICATIONS

Unless you otherwise indicate in writing, EQualifai will communicate with you by email, regular mail, though your Account or by posting communications on the Website. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when we send it to the email address you have provided to EQualifai on this Website and is associated with your Account, or when we post such communication on this Website. You should keep your email address updated on this Website and in your Account, and you should regularly check this Website and your Account for postings and/or personal messages. All notices to EQualifai intended to have a legal effect concerning these Terms must be in writing and delivered either in person or by means evidenced by a delivery receipt, to the following address: Equalifai Me SRL, Bulevardul EROILOR, Nr. 9, 2nd floor, Cluj-Napoca, Romania or at the email address […] with read receipt confirmation.
To stop receiving specific communications from EQualifai, please, submit a notification to us by email at [email protected] in order to change the types and frequency of such communications.

25. GOVERNING LAW AND DISPUTE RESOLUTION

The Terms shall be governed by Romanian law.
In the case of Users who are consumers, the above choice of law does not exclude the protection granted to Users under the mandatory provisions of the law of the country in which the User has his/her habitual residence.
In the event of any controversy or dispute between EQualifai and you arising out of or in connection with your use of the Website and the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute amicably by means of the internal complaint-handling system.
If we are unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then:
Any disputes between EQualifai and a User who is not a Consumer, will be settled by Romanian common courts having jurisdiction over the EQualifai seat.

EQualifai may attempt an amicable settlement of a dispute with a User who is not a Consumer, through an independent mediator, after EQualifai has consented to mediation. The mediation will be conducted by a mediator from the European Mediation Institute, in accordance with the mediation regulations applied by the Institute. EQualifai will bear a reasonable part of the total mediation costs, which will be agreed by the parties each time. The list of mediators and mediation regulations are available at: www.imimediation.org

  • Any disputes between EQualifai and a User who is a Consumer, will be settled by Romanian common courts having jurisdiction over the EQualifai seat or respectively by the competent court in the country of residence of the respective Consumer, should mandatory provisions of law in such country of residence provide the competence of these courts mandatorily
  • Also, a User who is a Consumer has the option of using an out-of-court method of considering Complaints and pursuing claims before the National Authority for Consumer Protection. Information on how to access the above-mentioned can be found at the following address: https://anpc.ro/articol/935/ce-inseamna-sal. A User who is a Consumer may also use the EU ODR internet platform, available at the following internet address: http://ec.europa.eu/consumers/odr/.

26. NON-SOLICITATION

The Services may not be used to solicit for any other business, website or service, except as allowed under the Website and in accordance with these Terms. You may not solicit, advertise for, or contact in any form any Users for employment, contracting, or any other purpose not related to the Service facilitated through EQualifai Website without express written permission from EQualifai.
You may not use the Service to collect usernames and/or email addresses and/or other data of Users by electronic or other means without the express prior written consent of EQualifai.

27. HEADINGS

The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.

28. ENTIRE AGREEMENT. SEVERABILITY

These Terms, together with any amendments and updates, shall govern the agreement between you and EQualifai concerning the Services. Any additional agreements you may enter into with EQualifai in connection with the Services shall supplement the Terms of Service. In the event of any inconsistency between the Terms of Service and any separate agreement, the later shall prevail over these Terms.
If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

29. CONTACTS

For additional information and in case you have any questions about these Terms, please contact:

[email protected] for any general questions, notifications or

[email protected] for any legal issues or legal claims related to these Terms of Service.

eQualifai Me SRL

Strada PAVEL ROSCA, Nr. 4, Etaj 1, Ap. 28, Cluj-Napoca, Transylvania.

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eQualifai Me SRL

Strada PAVEL ROSCA, Nr. 4, Etaj 1, Ap. 28,

Cluj-Napoca, Transylvania.

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