Effective: March 19, 2018
- CONTRACTUAL RELATIONSHIP
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Campus Tutor may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH CAMPUS TUTOR ON AN INDIVIDUAL BASIS THROUGH THE GERMAN LEGAL SYSTEM. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Campus Tutor may amend the Terms from time to time. Amendments will be effective upon Campus Tutor's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Campus Tutor changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Campus Tutor written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, Campus Tutor OÜ (the name and current contact information for the registered agent in each University are available online under campustutor.net), or (b) by email from the email address associated with your Account to: firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
- LEGAL CONFLICT AGREEMENT
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Campus Tutor on an individual basis under the German legal system, in front of a German court, as set forth in this Agreement. This will preclude you from bringing any class, collective, or representative action against Campus Tutor, and also precludes you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Campus Tutor by someone else.
You and Campus Tutor agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled based on the German legal system and in front of a German court of law.
2.1 Severability and Survival
If any portion of this Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; and (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Agreement or the parties’ ability to compel legal action of any remaining claims on an individual basis pursuant to the Agreement.
In case, pursuant to Section 3, you are below the legal majority in the German jurisdiction and are therefore unable to individually pursue legal actions in Germany, you are obliged to be represented by a legal representative, who you have granted a power of attorney.
- THE SERVICES
The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule tutoring sessions and/or educational services. Unless otherwise agreed by Campus Tutor in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TUTORING SESSIONS AND/OR EDUCATION SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH CAMPUS TUTOR AS A PROVIDER OF TUTORING OR EDUCATION SERVICES OR AS AN ACADEMIC INSTITUTION.
Subject to your compliance with these Terms, Campus Tutor grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Campus Tutor.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Campus Tutor; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
3.3 Third Party Services and Content
The Services and all rights therein are and shall remain Campus Tutor’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Campus Tutor’s company names, logos, product and service names, trademarks or services marks.
- ACCESS AND USE OF THE SERVICES
4.1 User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 16 years of age, to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Campus Tutor certain personal information, such as your name, address, mobile phone number and email address, as well as at least one valid payment method supported by Campus Tutor. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Campus Tutor in writing, you may only possess one Account.
4.2 User Requirements and Conduct
The Service is not available for use by persons under the age of 16. You may not authorize third parties to use your Account, and you may not allow persons under the age of 16, or without an account to receive tutoring or education services from Third Party Providers. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no teaching of unlawful or prohibited topics). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
4.3 Text Messaging and Telephone Calls
4.5 Referrals and Promotional Codes
Campus Tutor may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Campus Tutor establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Campus Tutor; (iii) may be disabled by Campus Tutor at any time for any reason without liability to Campus Tutor; (iv) may only be used pursuant to the specific terms that Campus Tutor establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Campus Tutor reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Campus Tutor determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Campus Tutor’s Terms.
4.6 User Provided Content
Campus Tutor may, in Campus Tutor’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Campus Tutor through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Campus Tutor, you grant Campus Tutor a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Campus Tutor’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Campus Tutor the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Campus Tutor’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Campus Tutor in its sole discretion, whether or not such material may be protected by law. Campus Tutor may, but shall not be obligated to, review, monitor, or remove User Content, at Campus Tutor’s sole discretion and at any time and for any reason, without notice to you.
4.7 Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Campus Tutor does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
As a student, you understand that use of the Services may result in charges to you for the services you receive ("Charges"). Campus Tutor will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Services. Charges will be inclusive of – but not limited to – tutor fees, platform fees, applicable taxes where required by law, service charges for cancelation, penalty charges for no-shows to sessions, damage charges and processing fees for payments. Please visit campustutor.net for further information on your particular location.
All Charges and payments will be enabled by Campus Tutor using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Campus Tutor may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Campus Tutor. Charges will be debited from your Account payment method immediately after the service, obtained through your use of the Services, has been received. In cases where cancelation charges are applicable, your Account payment method will be debited immediately after the cancelation. Penalty charges for no-shows to sessions will be debited to your Account payment method immediately after such an event has been recorded through the Service.
As between you and Campus Tutor, Campus Tutor reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in Campus Tutor’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially due to outside influences and demand. Campus Tutor will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Campus Tutor may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee. After you have received services obtained through the Service, you will have the opportunity to rate your experience. Campus Tutor may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties. Campus Tutor reserves the right to charge you a penalty fee in case you do not attend a scheduled lecture without prior cancelation.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and Campus Tutor will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as a payment made directly by you to the Third Party Provider. Campus Tutor will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Campus Tutor or its affiliates, where Campus Tutor is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from Campus Tutor for services received by you from a Third Party Provider at the time you receive such services, and Campus Tutor will respond accordingly to any request from you to modify the Charges for a particular service. Campus Tutor does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by Campus Tutor (on Campus Tutor’s website, in the Application, or in Campus Tutor’s marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services provided is not intended to suggest that Campus Tutor provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
As a Third Party provider (“Tutor”), you understand that applicable payments are regulated under the Campus Tutor Tutor Addendum (“Tutor Addendum”), which can also be found on the Campus Tutor website. By agreeing to these Terms & Conditions, you also agree to the Tutor Addendum and acknowledge the payment structure regulated through it. PLEASE BE SURE TO READ AND THOUROUGHLY REVIEW THE ADDENDUM, IN ORDER TO UNDERSTAND THE DETAILS TO THE PAYMENT STRUCTURE APPLICABLE TO YOU.
5.1 Repair, Cleaning or Lost and Found Fees
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, materials provided by the Tutor and property utilized during lectures resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by Campus Tutor in Campus Tutor’s reasonable discretion, Campus Tutor reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Campus Tutor to a Third Party Provider, if applicable, and are non-refundable.
The amounts related to repair, cleaning or lost & found fees applicable may be found at campustutor.net and may be updated from time to time solely by Campus Tutor.
- DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CAMPUS TUTOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CAMPUS TUTOR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CAMPUS TUTOR DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE LIABILITIES OR PERSONAL DISCONTENT AND RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
6.2 LIMITATION OF LIABILITY
CAMPUS TUTOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CAMPUS TUTOR, EVEN IF CAMPUS TUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAMPUS TUTOR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF CAMPUS TUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAMPUS TUTOR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CAMPUS TUTOR'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS, PROVIDING TUTORING SERVICES OR PEER-TO-PEER EDUCATIONAL SERVICES, MAY NOT BE SUITED TO DO SO.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TUTORING SESSIONS OR EDUCATIONAL SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT CAMPUS TUTOR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TUTORING SESSIONS OR EDUCATIONAL SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THIS PROVISION SHALL HAVE NO EFFECT ON CAMPUS TUTOR’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold Campus Tutor and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Campus Tutor’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
- OTHER PROVISIONS
7.1 Choice of Law
These Terms are governed by and construed in accordance with the laws of the “Bundesrepublik Deutschland” (“Germany”). However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Germans to assert claims under German law whether that be by any law. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of German law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall be interpreted as generally extending German law to you, even if you do not reside in Germany. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.
7.2 Claims of Copyright Infringement
Claims of copyright infringement should be sent to Campus Tutor's designated agent. Please visit Campus Tutor's web page at campustutor.net for the designated address and additional information.
Campus Tutor may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon arrival (if sent by mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Campus Tutor, with such notice deemed given when received by Campus Tutor, at any time by electronical mail to our registered agent for service of process, Campus Tutor OÜ. The name and under campustutor.net or in the support section of Campus Tutor’s applications.
You may not assign these Terms without Campus Tutor's prior written approval. Campus Tutor may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Campus Tutor's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Campus Tutor or any Third Party Provider as a result of this Agreement or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Campus Tutor's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Campus Tutor in writing.
If you have any questions or complaints about these Terms & Conditions, you may contact us at:
Campus Tutor OÜ (registry code 14448460), Männimäe, Pudisoo küla, Kuusalu vald, Harju maakond, 74626, Estonia.
You may also email us under email@example.com.