Terms of Service
Effective as of March 1, 2009
1.
Welcome to eTutorWorld. This is a web-based Learning program for students in Grades 5 through 12
Please read these Terms of Service ('Terms') carefully before using the eTutorWorld Website located at
http://www.eTutorWorld.net.The
Terms of Service apply to all users of this Website. If you do not
agree to these Terms of Service, you should not use the eTutorWorld
Website.
The following Terms of Service shall apply if you
would like to register for an on-line academic program provided by
eTutorWorld through its website ("Website"). These terms and conditions apply to your use of and access to the Website and your dealings with eTutorWorld.
Additional
products and services offered through the Website may necessitate
additional terms or changes to these terms and conditions. eTutorWorld
reserves the right to add to or amend these terms and conditions from
time to time. You should periodically refer to this Website for the
updated terms and conditions.
In these Terms, 'we', 'us'
and ‘eTutorWorld ' means: eTutorWorld Corporation 5897 Northwood
Drive, Glen Arbor, MI 49636., USA or any other holding, subsidiary,
affiliated, group company or related entity of eTutorWorld Corporation.
.
For the purposes of this agreement, “you” means the
parent/ guardian or the student who is using the Website or service, as
the case may be.
If someone else is paying for
(or authorizing) your tutoring account, you agree to print this
document and hand it to them.
2. Online Conduct and Registration
2.1 Online Conduct :All
information that you provide to eTutorWorld in connection with the use
of the eTutorWorld Website shall be true and accurate to the best of
your knowledge. You shall not provide any false information in
connection with the use of the eTutorWorld Website. Further, you agree
to update or correct any information which you have provided if such
information becomes outdated or misleading. In its sole discretion,
eTutorWorld may curtail or prohibit any conduct that restricts or
inhibits any other user from using or enjoying the eTutorWorld Website.
You agree to use the eTutorWorld Website only for lawful purposes. You
are prohibited from posting on or transmitting through the eTutorWorld
Website any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially, ethnically, or otherwise objectionable material of any kind,
including but not limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or
international law. You are solely responsible for knowing and
understanding the laws and adherence to any and all laws, rules, and
regulations pertaining to your use of the process and services.
You also, agree that you will treat the tutors with respect and not use
obscenities in the classroom, make threats, or discuss matters other
than those directly related to the Learning Package of interest. You
agree that you will not solicit any personal information from any
tutor, and agree that if any tutor ever discloses such information to
you, asks you for any personal information, or suggests any off line
meeting or conversation, you agree to immediately report this to us by
phone and in writing
2.2 Registration :
You must be at least 18 years old to register to the eTutorWorld
service. Parents and Legal guardians are required to register in case
the student is below18 years.
To use our services, you must register on the site, in the following manner:
(a) You are required to submit a completed application form ("Application
Form") available on-line. eTutorWorld shall notify you of the result of
your application. You are solely responsible for and you agree to
provide true, accurate and complete particulars and information in your
Application Form. eTutorWorld shall not be responsible for the
consequences of any of your particulars or information being
incomplete, inaccurate or obsolete. You must promptly notify
eTutorWorld of any changes in particulars or information provided.
(b) By
submitting your application to eTutorWorld, you are representing that
you have the right and capacity to enter into this Agreement under
applicable laws.
(c) If
your application is approved, eTutorWorld will enable you to access
eTutorWorld products selected by you ("Selected Products"). eTutorWorld
may send your log-in username and password to enable you to access the
Selected Products ("Login Username and Password") and any other
information or material to you by any means chosen by eTutorWorld.
While eTutorWorld will use reasonable endeavors to ensure that these
will reach you safely, eTutorWorld will not be liable if these fail to
reach you or if any unauthorized person obtains them during transit.
You
are responsible for maintaining the security and confidentiality of
your account(s), and password(s) and for all activities and liabilities
associated with or occurring under your account(s), and password(s).
Furthermore you agree, to maintain and promptly update your information
when any changes occur in the information you have provided, and to
keep it true, accurate, current and complete. You agree not to use the
site, the services or eTutorWorld content to recruit, solicit, or
contact in any form tutors, or potential consumers for employment, or
contracting for a business not affiliated with eTutorWorld without our
written permission.
2.3 Recording of tutoring sessions : eTutorWorld
will be “recording” all student tutoring sessions, for the purpose of
quality control, addressing customer complaints, if any and for future
reference/ review of the students. The recordings will be retained for
60 days and then destroyed. The recordings will be accessible only to
the eTutorWorld operations staff and to the individual student, and
parent and legal guardian, under strict security and password control.
2.4 Quality Overview :
eTutorWorld makes every effort to ensure compliance with the national
and local curricula and standards, however this is not a guarantee.
eTutorWorld tutors are trained to teach in the country and/or state in
which they are operating.
2.5 Technology : eTutorWorld
uses proprietary, licensed third-party technologies, and free
technology products. While all attempts are made to ensure stability
and availability of technologies used by eTutorWorld, the company
cannot get guarantee uptime. You are solely responsible for all
service, telephony and/or other fees and costs associated with your
access to and use of the process/services and for obtaining and
maintaining all telephone, computer hardware and other equipment
required for such access and use.
2.6 Free Trial : We
encourage the use of this service. “Free Trial” is only available for
first time users of the eTutorWorld service and cannot be combined with
any other offer. Only one free trial may be redeemed per student. You
must have Internet access to use the free trial offer. Upon registering
for your free trial, an eTutorWorld tutor or a customer service
representative will chat with you and try to help you with any
questions you may have, if required.
2.7 Payment : By
using the eTutorWorld service, you are expressly agreeing that we are
permitted to charge to your credit card, the price of the Learning
Package, or Sessions you have selected. Payment will be by the use of a
valid credit card. For registering for a Learning Package/ Session, you
would be required to select the appropriate Learning Package and press
the “Buy Now” tab.
3. Intellectual Property Rights
3.1 You
acknowledge all Intellectual Property Rights of eTutorWorld Website in
what so ever manner and also that the ownership of the Contents of
eTutorWorld Website vest with us. Any Content on eTutorWorld is subject
to copyrights, trademarks, and/ or other proprietary rights, and that
these rights are valid, subsisting and protected in all forms, media
and technologies existing now or hereinafter developed. All Contents
are copyrighted for which eTutorWorld is the sole and exclusive owner
and eTutorWorld owns the copyright in the selection, coordination,
arrangement, and enhancement of such Content. You shall not modify,
remove, delete, augment, add to, publish, transmit, participate in the
transfer or sale of, create derivative works from, or in any way
exploit any of the Content, in whole or in part, except explicitly
permitted by eTutorWorld in writing . If no specific restrictions are
displayed, you may make copies of select portions of the Content,
subject to strict adherence that such copies are made only for your
personal use and that you shall maintain any notices contained in the
Content.. You shall not upload, post, reproduce, and/or distribute in
any manner the Contents without obtaining prior written
permission of the owner of the copyright or other propriety right
subject to those permitted by the fair use privilege as per the U.S.
Copyright Laws. In addition to the foregoing, use of any software
content shall be governed by the software license agreement
accompanying such software and the same shall be your responsibility
and eTutorWorld undertakes no liability or guarantee of the same
You
acknowledge that “eTutorWorld” is the trade name and trademark of
eTutorWorld and any violation of the trademark or service mark in what
so ever manner shall be treated as infringement and eTutorWorld at its
discretion may initiate statutory and/or common law remedies. .
3.2 Copyright Statement : ©
2008 eTutorWorld. All rights reserved. The contents of the eTutorWorld
or eTutorWorld web pages, including, but not limited to text, graphics,
photographs, images, tags, logos, designs, formats, icons and/or layout
arrangements are copyrighted materials possessed and owned
exclusively by eTutorWorld and any unauthorized use of the words
eTutorWorld and/or logo shall be infringement of the trademarks and
service marks of eTutorWorld. You are permitted to download one copy of
these materials on any single computer and print a copy of the said
materials only for your personal use which shall be for learning about,
evaluating, or acquiring ‘eTutorWorld ' services or products. You are
not permitted to print, copy, reproduce, distribute, transmit,
upload, download, store, display in public, alter, or modify these
materials in any manner and/or in any form for any other purposes and
any contrary actions shall be treated as infringement and eTutorWorld
reserves all rights to initiate appropriate civil and/or criminal
action.\
3.3 Limitation on Use : The
receipt of the services is personal to you and you may not transfer
your rights to access the course materials or to receive the services
to another person unless we have consented in writing to you to do so.
Unless otherwise specified, the content on the eTutorWorld Website is
for your personal and non-commercial use and we grant you a limited
license to access the eTutorWorld Website for that purpose. You may
download, modify, copy, distribute, transmit, display, perform,
reproduce, duplicate, publish, license, create derivative works from,
or offer for sale any information contained on, or obtained from, the
eTutorWorld Website only with our written and express consent. Any
unauthorized use of the eTutorWorld Website or its contents will
terminate the limited license granted by us.
4. Disclaimers and Limitation of Liability
The ‘User” shall have access to and use of this Website subject to
compliance with all applicable laws and the “User” accepts, without
limitation or qualification, the Terms of Service Terms and Conditions
given in the Website.
eTutorWorld shall
make endeavors to keep the information provided in its Website
up-to-date and correct, eTutorWorld makes no representations or
warranties of any kind, express or implied, about the completeness,
accuracy, reliability, suitability or availability with respect to the
Website or the information, services, or related graphics contained on
the Website for any purpose. Any reliance placed by the User on such
information shall be strictly at User’s own risk.
In no event shall
eTutorWorld be liable for any loss or damage including without
limitation, indirect or consequential loss or damage, or any loss or
damage whatsoever arising from loss of data or profits, arising out of,
or in connection with, the use or misuse of this Website.
Under no circumstances
shall eTutorWorld or any other party involved in creating,
producing, or distributing the eTutorWorld notes for the eTutorWorld
Website be liable for any direct, indirect, incidental, special, or
consequential damages that result from the use of, or inability to use,
the eTutorWorld Website . This limitation on damages includes but is
not limited to damages that result from reliance by you on any
information obtained from the eTutorWorld Website, or from mistakes,
omissions, interruptions, deletion of files or email, errors, defects,
viruses, delays in operation or transmission, or any failure of
performance (whether or not resulting from acts of God), communications
failure, theft, destruction, or unauthorized access to the
eTutorWorld’s records, programs, or services. You hereby acknowledge
that this paragraph shall apply to all Content, merchandise, and
services available through eTutorWorld. Because some states do
not allow the exclusion or limitation of liability for consequential or
incidental damages, in such states liability is limited to the fullest
extent permitted by law.
In some cases, your
registration may be pending review by the third party (e.g., the
Supervisor/director) who administers the part of the eTutorWorld
Website relevant to you. (This is a security feature designed to
protect children.) Until you are approved, you will not have access to
the password protected Community areas of the Website. This decision is
not made by eTutorWorld. eTutorWorld makes no guarantee that you will
be approved in a timely manner or that you will be approved at all.
Under no circumstances shall eTutorWorld be held responsible for
delayed or withheld approval of your registration
Links to other
websites contained in this Website are intended only for informational
purposes. Linked websites are not under the control of eTutorWorld and
eTutorWorld makes no representations whatsoever about any other website
(or information found within) which the User may access through this
Website. eTutorWorld provides links only as a convenience and the
inclusion of any link does not imply endorsements or acceptance by
eTutorWorld of any liability whatsoever for the contents or the use of
such website.
Every effort is made
to keep the Website up and operating properly. However, eTutorWorld
takes no responsibility for, and will not be liable for the Website
being temporarily unavailable due to any issues beyond its control.
eTutorWorld reserves all rights, at any time and without notice, to
revise the contents of this Website including the conditions of use. If
the User choose to continue using this site following any such change,
it will signify that User agrees to be bound by the revised conditions.
5. Tutoring Schedules
A
student will schedule tutoring sessions through our website, using
their login id and password. Based on student’s grade, and subject
specified, the list of qualified available tutors will be presented.
Once a tutor is selected, his/her available dates and times will be
displayed for next six weeks. Student can schedule any number of
sessions according to their requirement, subject to their number of
remaining credits in the learning package(s) purchased.
Session
booking is on first come first served basis, availability of a specific
tutor for desired dates and times or for any date and time cannot be
guaranteed. Students are encouraged to book sessions well in advance to
improve the chances of availability of tutors and time slots as per
their choice.
Through the Website, a session can be canceled or rescheduled any time up to 24 hours before session start time.
The
student may also book a session with less than 24 hours notice, in
which case rescheduling or cancellation of such sessions would not be
allowed.
The
student is required to join a scheduled session on or before the
scheduled time, through the Website. The tutor will wait for a maximum
of 10 minutes beyond the scheduled session start time. In case the
student does not show up, the tutor will leave the session, the session
will be forfeited and the student would be liable to pay for the same.
For
any technical or operational reason, if eTutorWorld needs to cancel or
reschedule a scheduled session, eTutorWorld shall make its best
endeavors to inform the student via email or phone, as soon as
possible, and propose alternate schedules or tutors as necessary. If
the student and eTutorWorld fail to agree on the rescheduling for a
scheduled session canceled by eTutorWorld, within a period of seven (7)
days, the student has a right to claim full refund of the already paid
fee for the scheduled sessions canceled by eTutorWorld.
6. Content
eTutorWorld
distributes subject content, and other information and we reserve the
right to display and promote this content or other information on our
Web site to you in any manner we choose at our sole and absolute
discretion. In addition, the eTutorWorld Website allows you and other
third parties to post comments, and give feedback concerning a variety
of content. This feedback, or other information that constitutes part
of the content expressed, or made available by third parties on the
eTutorWorld Website is the opinion of the respective authors or
producers and not of eTutorWorld, or its shareholders, directors,
officers, or employees. Under no circumstances shall eTutorWorld, or
its shareholders, directors, officers, directors, or employees be held
liable for any loss or damage caused by your reliance on information
obtained through the eTutorWorld Website.
7. Submittals
eTutorWorld
is free to use any comments, information or, any communication
you may send to eTutorWorld, including, without limitation, responses
to questionnaires or through postings on the eTutorWorld Website.
eTutorWorld is not responsible to compensate you for this content any
manner. In addition by posting any content on our site, or in
responding to questionnaires, you grant eTutorWorld the right to use
this content in any way we wish, without compensation to the provider
of such content. eTutorWorld does not accept unsolicited material or
ideas, and is therefore not responsible for any similarity of
unsolicited material in our publications or Website content. If you
chose to send unsolicited material of any type, you do so with the
knowledge that there is no consideration of any
kind.
8. Process Testing
eTutorWorld
will be performing tests of various elements of our process, the test
may involve service, programs, pricing, or other issues. eTutorWorld
reserves the right to determine who takes part in these
tests.
9. Communications
When
you login to eTutorWorld, you are providing us permission to send you
electronic communications from eTutorWorld. The communications could
include notices about your account, e-mails or other information. These
communications are part of the interaction between you and eTutorWorld.
You are agreeing that these communications that we send to you
electronically will satisfy any legal communication requirements,
including that such communications be in writing.
10. Cancellation
If
for any reason you are not satisfied with eTutorWorld services and wish
to cancel your Learning Package/Sessions you may do so with a 72-hour
notification. To cancel, click on the “Customer Service” tab and advise
us of your wish to cancel. All unused sessions remaining after the
72-hour notice will be credited to you account less a 10%
administrative fee.
11. Privacy Policy
eTutorWorld
respects and understands the need and the importance of privacy and
security for our customers. Any personal information maintained by
eTutorWorld, including contact information, unique identifier
information, transactional and financial information, is used only to
contact consumers.
Please review our Privacy Policy to understand our practices.
12. Charges
This
Site reserves the right to charge subscription and / or membership fees
in respect of any part, aspect of this Site upon reasonable prior
notice.
13. General
13.1 Severability : If
any provision of these Terms becomes void or otherwise unenforceable in
whole or in part, the validity of the remainder of these Terms
shall not be affected. You accept that you will not have a claim for
breach of contract or otherwise in respect of such period of
unavailability. You also acknowledge that we cannot be held responsible
for any delay or disruptions that are inherent in the operation
of the Internet and the World Wide Web, including viruses.
We shall not be
liable to you for any loss or damage whatsoever arising out of or in
connection with your use of the Website or any or content and/or
facilities provided via the Website.
13.2 Termination :We
reserve the right to withdraw all or part of the Website at any time.
We also reserve the right to terminate this agreement and Terms
of Service at any point of time in the event that you are in
breach of any of these terms and conditions, and where the breach is
capable of cure, you have not cured it to the satisfaction of
eTutorWorld within 7 days of a written notice from eTutorWorld. 13.3 Applicable Laws : The
eTutorWorld Website is controlled by eTutorWorld from its offices
within the United States of America. eTutorWorld makes no
representation that Content in the site are appropriate or
available for use in other locations, and access to them from
territories where their content is illegal is prohibited. Those
who choose to access this site from other locations do so, on
their own initiative and are responsible for compliance with
applicable local laws. You may not use or export the Content in
violation of U.S. export laws and regulations. Any claim relating
to this Website, the services provided through this Website or
the Content shall be governed by the internal substantive laws of the
State of Michigan, unless provided otherwise by contract. Any
claim against eTutorWorld shall be governed by the laws of the
State of Michigan. 13.4 Indemnity :You
hereby agree to indemnify and to keep eTutorWorld, its directors,
employees and agents fully and effectively indemnified against
all actions, liabilities, costs, claims, losses, damages,
proceedings and/or expenses (including all legal costs, on a full
indemnity basis) suffered or incurred by eTutorWorld, in
connection with or arising from your use of the Material, access
to the Website and dealings with eTutorWorld, including, but not
limited to:
(i) any
infringement of third party intellectual property rights or any
tortious or criminal liability in connection with the Student Content;
13.5 Notices and Communications :
(a) Any
notice which is required to be given by you to eTutorWorld shall be in
writing and shall be sent to eTutorWorld 's
designated address from time to time. Any
notice which eTutorWorld sends to you may be by hand, post, electronic
or facsimile transmission, and shall be deemed to have been received by
you:-
(i) if by hand, when delivered (to your last known address on eTutorWorld 's record);
(ii) if by post, two days following the posting; and
(iii) if
by electronic or facsimile transmission, when dispatched as confirmed
by a report from the dispatching equipment, despite any evidence to the
contrary.
(b) eTutorWorld
will not be responsible if you fail to receive communications from
eTutorWorld if such failure is due to:-
(i) an error in your email program;
(ii) a wrong email address;
(iii) your not updating eTutorWorld of a change in email address; or
(iv) your failure to regularly check your e-mail or this Website.
(c) You agree to treat as conclusive evidence, and not to dispute
the validity, accuracy or authenticity of, any evidence of your
instructions and communications transmitted between yourself and
eTutorWorld, including such evidence in the form of eTutorWorld's
computer records or transaction logs, magnetic tapes, cartridges,
computer printouts, copies of any communication, any written statement
by eTutorWorld's officer confirming the posting of any notice or
communication, or any other form of information storage.
eTutorWorld designated address -
eTutorWorld Corporation 5897
Northwood Drive,Glen Arbor, MI 49636, USA
13.6 Force Majeure :
(a) In the event that
(i) eTutorWorld is unable to observe or perform the terms of this Agreement;
(ii) access to the Website is blocked;
(iii) eTutorWorld
Products is suspended or made unavailable by reason of causes beyond
its control including (but not limited to) equipment, system or
transmission link malfunction or failure, fire, flood, explosion, acts
of elements, acts of God, accidents, epidemics, strikes, lockouts,
power blackouts or failure, labor disputes, legislative requirement,
administrative order, court order or by any other causes which it
cannot control or reasonably be expected to avoid, the performance of
eTutorWorld 's obligations as affected by such causes shall be excused
for the duration of the such events. eTutorWorld shall not be liable
for any delay, loss, damage or inconvenience whatsoever caused or
arising from or in connection with any one or more of the
above-mentioned events. In the event that such events cause eTutorWorld
to terminate the offering of eTutorWorld Products, eTutorWorld shall
not be liable for any damage, costs or expenses, and shall not be
required to refund any Fees paid.
13.7 Entire Agreement : These
Terms of Service constitute the entire agreement between the parties
with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter.
Contact Us
If
you have any questions about this agreement, the practices of this
site, or your dealings with this Web site, please contact us at
231-668-4187.
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