“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;
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”).
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.
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.
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:
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.
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.
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.
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 also use third party payment services (Stripe) for making the payouts for Tutors, and those payment services process such 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.
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.
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.
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..
Tutors get payment for each confirmed lesson by a Student/Parent..
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.
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:
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:
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.
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.
Equalifai does not take part in direct interactions between Students/Parents and Tutors except when we consider it advisable:
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.
While using the Services, you agree that you will:
With regard to Students/Parents
With regard to Tutors
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