TERMS AND CONDITIONS
ELITE TUTORING TERMS and CONDITIONS
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms and Conditions are considered an offer by Elite Tutoring, acceptance is expressly limited to these terms. You must be 13 years of age or older to use the website, unless permission has been obtained from a parent or guardian to use the Website.
1. Tutor Membership Screening
Applicants are screened before being approved as members (tutors) on the Website. No guarantee or warranties about the effectiveness of our screening methods or the quality of our members is being made. Members are for the most part, not personally known by the company, and they do not work for us or represent our company or Website in any capacity. Therefore, we do not suggest or guarantee anything with respect to their abilities as a Tutor or the services they provide. We provide profile information and facilitate bookings with the tutor through the Website.
2. Voluntary Expiry of Membership
If the member requests to be removed from the Website, we will remove their profile and personal information.
3. Emails from Elite Tutoring
By providing Elite Tutoring with your email address, you are agreeing to receive periodic emails from our company about your profile, changes to the Website or its policies, promotions and other information deemed important or necessary for our members. By providing us with your email, you agree that these are not unsolicited emails.
4. Posting of Content
You are entirely responsible for any Content you post on the Website including but not limited to content provided in your profile, Website forms, attached files, and content (the “Content”) posted in the Website’s forum. That is the case regardless of whether the Content in question constitutes text, graphics, or computer files. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not pornographic, libellous or defamatory does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
5. Removal of Content and/or Users
Without limiting any of those representations or warranties, Elite Tutoring has the right (though not the obligation) to, in Elite Tutoring’s sole discretion (i) refuse or remove any content that, in Elite Tutoring’s reasonable opinion, violates any Elite Tutoring policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Elite Tutoring’s sole discretion. Elite Tutoring will have no obligation to provide a refund of any amounts previously paid. Elite Tutoring may edit or delete any listings, advertisements or any other postings at any time at their own discretion.
6. Disclaimer of Liability
You agree that any and all use of the Website is entirely at your own risk. Elite Tutoring’s services are provided “as is” without warranties of any kind, whether expressed or implied. To the fullest extent permissible by law, Elite Tutoring disclaims all warranties, whether expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Elite Tutoring does not warrant or make any representations regarding the use of materials or content of the Website with regard to their correctness, accuracy, reliability, or otherwise. Elite Tutoring does not warrant that the Website or any part of the site will be uninterrupted or error-free. Elite Tutoring is not responsible for any offers, products, services, statements, information, content expressed made available by third parties and provided by any off-site page referenced on this Website by hypertext link. The user specifically acknowledges that Elite Tutoring shall not be liable for the conduct of other users, links, or third parties referenced in links on this Website, and that the risk of injury from use of such links rests entirely with the user. Further, the presence of links to third parties on this Website does not constitute an endorsement by Elite Tutoring of the content of the linked sites, or of services or products which may be offered on those sites. These links are provided as an information service only, and it is the sole responsibility of the user to investigate and evaluate any and all offers, services, products, statements, information, and overall content of the linked page.
7. Copyright Policy
The contents of this Website are proprietary to Elite Tutoring and third parties and are subject to the copyrights, trademarks and other intellectual property rights of Elite Tutoring and third parties. You may not use information on the Website for any commercial use, other than to search and find members, send referral information to members, send contact information to members, and post profile information as a member for others to search and view. You may not reproduce, retransmit, redistribute, upload or post any part of this Website, including the contents thereof, in any form or by any means, or store it in any information storage and retrieval system, without prior written permission from Elite Tutoring.
In case of a data breach, system administrators will immediately take all needed steps to ensure system integrity, will contact affected users and will attempt to reset passwords if needed.
8. Changes to the Website
Elite Tutoring reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Elite Tutoring may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Elite Tutoring may terminate your access to all or any part of the Website at any time, with cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your EliteTutoring.ca account (if you have one), you may simply discontinue using the Website and/or request to have your profile removed from the Website. Notwithstanding the foregoing, if you have a membership account, such account can only be terminated by Elite Tutoring if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Elite Tutoring’s notice to you thereof; provided that, Elite Tutoring can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
The Website is provided “as is”. Elite Tutoring and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Elite Tutoring nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. General Representation and Warranty
You agree to indemnify and hold harmless Elite Tutoring, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Elite Tutoring and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Elite Tutoring, or by the posting by Elite Tutoring of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Province of British Columbia in the country Canada, excluding its conflict of law provisions. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Elite Tutoring may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.