These Terms of Use ("Terms”) constitute a legally binding
agreement (the "Agreement”) between you and Beetot Ltd ("Company”) governing
your use of the Beetot Platform, located at www.Beetot.com – operating on
desktop computers, laptops, tablets, and smartphones. When these Terms mention
"Beetot”, "we”, "us”, or "our”, it refers to the company Beetot Ltd you are
contracting with.
You agree to be bound
by these terms of service, as well as by all exhibits, order forms, and
incorporated policies, by using the Beetot website or services. Those who do
not meet the legal requirements to be bound by these terms of service are not
eligible to use the Beetot services.
For children under the age of Eighteen to ensure safety at all times
·
A Parent
or Legal Guardian should carefully read and understand the terms of service and
accept the Terms on behalf of their child or supervise them while they accept
these Terms before using the platform.
·
A Parent
or Legal Guardian should be fully responsible for their child using the
platform and should supervise the child during the time the child is using the
platform.
·
A Parent
or Legal Guardian should be responsible for creating account on the platform or
supervise the child during the process.
·
A Parent
or Legal Guardian should communicate the learning needs of the student or
supervise the child during the process.
·
All
tutoring sessions should be supervised by one of the Parents or a Legal Guardian.
·
A Parent
or Legal Guardian should review session recordings and ensure the safety of
their child at all times.
1.
SCOPE OF BEETOT SERVICES
1.1
Beetot
is a global online tutoring platform, with tutors (professionals with
self-reported credentials, education, teaching experience and expertise in
various fields) from across the globe, catering to the learning needs of
students across the globe.
1.2
Beetot
cannot guarantee the ongoing and uninterrupted availability and accessibility
of the Beetot Platform due to the dynamic nature of the Internet. When
performing site maintenance procedures that ensure the correct or optimal
operation of the Beetot Platform, Beetot has the right to occasionally limit
access to the Beetot Platform or specific elements within it.
1.3
Students or/and their parents/legal guardians are fully responsible for
selecting the right tutor for their needs. Before hiring Tutors, Students or/and
their parents/legal guardians are strongly advised to review and consider each
tutor’s self-reported credentials, education, teaching experience, and
expertise in various fields along with reviews from other students.
1.4
(A) For selecting a tutor, students or their parents/legal guardians can
search through the Listings and hire tutors bound by the terms listed in
article-1.3 of these terms and conditions
OR
1.4
(B) Students or
their parents/legal guardians can follow Beetot’s
Five Step Strategy to hire tutors bound by the terms listed in article-1.3 of these terms and
conditions
Step-1: Understand
your requirements
Student
or their parent/legal guardian requests to find a tutor by stating their
requirements. Our dedicated team carefully assesses your learning needs.
Step-2: Identify the best tutor
options
Based on
your learning requirements our team will search through the listings and
suggest you the most suitable tutors based on tutor’s self-reported
credentials, education, teaching experience, and expertise in various fields
along with reviews from other students.
Step-3: Evaluation
Before
hiring Tutors, Students or/and their parents/legal guardians are strongly
advised to review and consider each tutor’s self-reported credentials,
education, teaching experience, and expertise in various fields along with
reviews from other students. You
meet with your tutor and make sure that you are satisfied and your learning
goals are met
Step-4: Customised Learning
According
to the self-reported credentials, education, teaching experience, and expertise
in various fields, all our tutors are highly capable and extremely flexible.
Our tutors will customise their teaching to fit your learning curve and present
the concepts in an easy to understand way. Our tutors will make sure they find
a way to get the concepts through to you.
Step-5: Guaranteed Learning
If you
still feel that you are not achieving your learning goals, we will be happy to
find and suggest new tutors from the listings to better suit your requirements.
1.5
As the provider of the Beetot Platform, Beetot does not create, own,
provide, manage, deliver, or supply any Listings. Tutors are solely responsible
for their Listings. Both students and tutors are directly entering into an
agreement with one another when they create or accept a booking. Beetot is not
and does not become a party to such contractual relationship, except as
specified in the Payments Terms.
1.6
The Beetot Platform is an online global
marketplace that enabling Students seeking tutoring services to find those
(Tutors) providing tutoring services ("Listings”). Beetot enables registered
"Users” (Students and Tutors) to connect, communicate and transact directly.
Beetot. Tutors are considered as independent contractors directly hired by
Students. Tutors are solely responsible for determining the methods, materials,
and all details of the sessions in proper consultation with their tutees
(Students).
1.7
All
tutors on Beetot are independent contractors and not employees, agents, joint
venture or partners of Beetot for any reason, and act exclusively on own behalf
and for own benefit, and not on behalf, or for the benefit, of Beetot.
1.8
Tutors
Listings may be displayed on other websites, in applications, in emails, and in
online and offline marketing in order to publicize the Beetot Platform and to
maximize the exposure of Listings to potential Students.
1.9
Beetot may arrange to collect payment
from students on behalf of tutors. While it is required that students have a
working payment method on file prior to scheduling tutoring sessions, Beetot
does not guarantee payment will be successfully collected from students; nor is
Beetot liable for any losses or damages to tutors that may result from
students' failure to pay for any reason whatsoever. In the event that Beetot is
unable to collect payment from a student on behalf of a tutor, the tutor is
solely responsible for making an effort to get payment from the student.
1.10
All
tutors on Beetot are required to upload proofs of their educational credentials
and expertise but Beetot has no way of confirming the authenticity of any such
documents.
1.11
At
this point Beetot does not conduct Criminal Background Checks on tutors. Since
tutors are from around the globe and every country does not support enhanced
DBS ; however, students/parents/legal guardians are entitled to ask the tutor
to verify this before or during the first session.
1.12
Students
or their Parents/Legal Guardians are fully responsible for clearly listing
their learning requirements when requesting a tutor.
1.13
Students
or their Parents/Legal Guardians are responsible for timely intimidating Beetot
team for any and all issues they face on the platform.
1.14
Students or their Parents/Legal
Guardians are solely responsible for informing Beetot team if their learning
requirements are not being met to be suggested with tutors better suited to
their requirements or hiring new tutors from the "Listings”.
2.
ACCOUNT REGISTRATION
You must register an account ("Beetot Account”) to access and
gain full access to Beetot Platform or Services. You agree not to share your user name and password with any third party
and are solely responsible for maintaining the security of Your user name and
password.
2.1
You can register a Beetot Account using an email address and
creating a password. Beetot also allows account registration through
third-party social networking accounts, such as Facebook or Google ("SNS
Account”).
2.2
You undertake and acknowledge to fill out the registration
form with accurate and up-to-date information.
2.3
It is highly recommended that you maintain Your Beetot
Account and Beetot profile updated at all times.
3.
ELIGIBILITY, USERS
VERIFICATION
3.1
You must be at least 18 years old and eligible to sign legally binding contracts
in order to access and use the Beetot Platform or create a Beetot account.
3.2
For children under the age of Eighteen to ensure safety at all times
a.
A Parent or Legal Guardian should
carefully read and understand the terms of service and accept the Terms before
using the platform.
b.
A Parent or Legal Guardian should be
fully responsible for their child using the platform and should supervise the
child during the time the child is using the platform.
c.
A Parent or Legal Guardian should be
responsible for creating account on the platform or supervise the child during
the process.
d.
A Parent or Legal Guardian should
communicate the learning needs of the student or supervise the child during the
process.
e.
All tutoring sessions should be
supervised by one of the parents or a legal guardian.
3.3
It can be challenging to validate a
user's identity online, and we take no liability for user identification
verification.
3.4
Regardless, in order to maintain
transparency and stop fraud, we
a.
Request documentation from Users, such as government identity documents
or other records, in order to confirm Users' identities and backgrounds.
b.
Tutors are required to submit two references from people who are not
related with them.
4.
EMAILS
By signing up as a Tutor or Student, you acknowledge and
agree to receive
4.1
Administrative
(i.e. updates) emails from Beetot.
4.2
Promotional
emails from Beetot (which you can unsubscribe at any time).
5.
PLATFORM USAGE
You are solely responsible for the
activities of all End Users who access or use the Services through your account
and you acknowledge to ensure that any such End User will be bound by and will
comply with the terms of these Terms of Service and any Beetot policies. Beetot
disclaims all duty and obligation for any and all violations. If you discover
that someone is using the Services in violation of this Agreement, please get
in touch with Beetot at support@beetot.com. Beetot has the right to look into
any complaints or infractions that are brought to its notice. It may also take
any (or no) action that it deems necessary, including as warning users,
deleting content, or deleting user profiles and/or accounts. Any data or other
content viewed while using the Services, including but not limited to any
errors or omissions in such data or content, as well as any loss or damage of
any kind resulting from the use, access, or denial of access to any data or
content, will not be subject to any liability on the part of Beetot.
You hereby
undertake that You or any End User logged in through Your account while using
Beetot Platform or Services will not break these rules, nor will You or any any
End User logged in through Your credentials assist anyone else in breaking these rules. You
also acknowledge to follow all instructions and recommendations from Beetot
employees. You consent that:
5.1
Beetot has the right to suspend or
terminate your account indefinitely if you breach any of the terms of service.
5.2
Beetot staff members will monitor,
record, and review all of your written and spoken communications and content
for quality control.
5.3
You
will avoid engaging in any or all actions that could endanger, abuse, or
exploit children, you, our service, or anyone else.
5.4
You
will not share improper content or materials over the Services (such as those
that feature explicit violence, bestiality, pornography, nudity, or criminal
activity).
5.5
You
will avoid giving inaccurate or misleading information.
5.6
You
will avoid taking part in deceptive or fraudulent activities and refrain from
violating anyone else's rights.
5.7
You
will avoid any and all unpleasant or unlawful actions.
5.8
You
will not to engage in anything that would infringe on someone else's privacy.
5.9
It
is forbidden and you will not engage in spamming or flooding, nor send out any
kind of unsolicited commercial communication, including but not limited to:
a.
Ads, solicitations, chain letters,
pyramid schemes, investment opportunities, or other material
b.
Non-public information about
companies, unless expressly authorized to do so by the company.
5.10
You will respond to all
correspondence from students/tutors and Beetot staff within a fair timeframe
determined by Beetot.
6.1
You
shall abide by our reasonable instructions when using the Site, including those
that pertain to safeguarding the safety of Students and are updated
periodically in line with this Agreement.
6.2
You
acknowledge that, Your self-reported credentials, education, teaching
experience and expertise in various fields on Your Listing are true and there
is no attempt for fraud by listing inaccurate information.
6.3
Tutor
acknowledges the Platform is utilized by numerous Professionals, all of whom
are self-employed, and who have a range of educational backgrounds,
professional accomplishments, certifications, teaching experiences, and other
abilities. Tutor wants to be included in the Platform on a non-exclusive basis
and be made available to Customers via the Platform. In addition to the
services acquired through the Company's Platform, the Tutor has been and/or is
presently offering tuition to Customers outside the Platform. They are free to
do so as long as they are carrying out services via the Platform on the
Company's behalf.
6.4
Tutor
has supplied or will supply background information that accurately defines
Tutor's educational background, work history, and specific areas of
qualification to Company as part of the pre-contract process. All of these
details are crucial for Tutor to be listed to Customers. You specifically agree
to:
a.
Confirm Your identity by providing
government issued ID documents.
b.
Confirm Your experience, relevant
training records, qualifications or authorisations by providing proper official
documentation.
c.
Two professional references who are
not related to You and who have consented to be contacted anytime deemed
necessary without any prior notice to Yourself.
d.
Any other information the company may
reasonably request when deemed necessary.
6.5
Once
Listed:
a.
Students or/and their parents/legal
guardians are fully responsible for selecting the right tutor for their needs.
Students or/and their parents/legal guardians will review and consider each
tutor’s self-reported credentials, education, teaching experience, and
expertise in various fields along with reviews from other students for hiring
Tutors.
b.
If the company determines that the
tutor is a possible fit for the customer, based on the description of the
services the customer has requested, the listing will be sent to the customer
via the Platform so that the student can evaluate the tutor profile and choose
one best fit to their needs.
c.
Through the Platform, the Company
will give Customers and Tutors enough information to decide whether to move
further and to reach an agreement on specifics of the tutoring that may only be
communicated by Customers.
6.6
Tutor
and Company agree that the terms and conditions of this Agreement shall be
binding on all tutoring interactions acknowledging the possibility of
differences between specific projects or relationships between Tutor and
Customers as expressly permitted herein undertaken with Customers obtained
through the Platform during the term of this Agreement. Tutor may provide
Services on Company's behalf (and not on behalf of other companies) for
multiple Customers obtained through the Platform.
6.7
As long as Tutor does not breach the
conditions of this Agreement the Tutor may
a.
tutor clients who are not a member of
the company's platform, as well as those who are a part of another company's
business and/or platform.
b.
continue to pursue other professional
and personal endeavors.
6.8
Unless
impeded by illness or accident, Tutor will make every effort to further
Beetot's interests when providing the Services, and at all times perform the
services to the highest standard. Specifically, the tutor will try their best
to:
a.
be punctual, considerate, diligent
and supportive
b.
never use vulgar language, make
sexually suggestive comments in front of a client or student, or make
derogatory remarks about a Student. Beetot will immediately ban any tutor who
engages in this behavior and Tutor will have to face legal proceedings under UK
Law.
c.
make all the required preparations
for every tutoring session.
d.
not to cancel sessions unless
absolutely necessary; Tutors who do so on a regular basis or who neglect to
notify the client of their cancellations risk having their Beetot’s membership
revoked.
e.
inform students in a timely manner
with a proper justification if a session is to be cancelled
f.
notify
the Client in the event that the Tutor is delayed, even if the Tutor is only
going to be five minutes late, due to circumstances beyond the Tutor's control.
g.
make up missed time by staying later
than the scheduled tutoring session or make it up in the following session.
6.9
Tutor
is required to immediately notify the Company as soon as any issues or problems
arise with any of the students they are teaching.
7.
NON SOLICITATION
7.1
Tutor
acknowledges that the tutor shall not directly or indirectly approach any
Customer to request tutoring services or other services available through the
Platform from Tutor or any corporation, partnership, limited liability company,
or other entity with which Tutor may interact for the purpose of providing
tutoring services.
7.2
Tutor/Student
affirm that the Tutor/Student will not solicit any Customer(s) Tutor(s)
obtained through the Company or provided Services through Beetot’s Platform
during the term of this agreement and (18) eighteen months after the
termination of this contract or last interaction of the Customer with the
Company.
7.3
Tutor
acknowledges that during the term of this Agreement and a period of (18)
eighteen months after the termination of this contract, the tutor will not
directly or indirectly hire, solicit, or urge any Professional providing their
Services to Beetot to end their relationship and/or stop working for the
Company.
8.
TUTOR PAYMENT AND CANCELLATION POLICY
8.1
Payments
for each session will be automatically deposited to the Tutor’s E-Wallet within
48 hours of session completion and the Tutor can request a withdrawal by
following the withdrawal request procedures.
8.2
Once a
Withdrawal is requested by the Tutor, Payments to Tutors shall be made through
their PayPal or Payoneer Accounts See | Payoneer Account |.
8.3
PayPal
payments to tutors are processed on the first business day of the month. A
minimum balance of £40 GBP is required before a PayPal payment is initiated.
Payments are handled as "Paying for an item or service”. Beetot pays the
processing and currency conversion fees as a sender. When a tutor receives
money, PayPal charges the tutor fees and deducts the fees from the sent amount.
The fees vary from country to country. See Fees
| Merchant and Business | PayPal US
8.4
Payoneer
payments to tutors are also processed on the first business day of the month. A
minimum balance of £40 GBP is required before a Payooner payment is initiated.
Payments are handled as "Paying for an item or service”. Beetot pays the
processing and currency conversion fees as a sender. When a tutor receives
money, Payoneer charges the tutor fees and deducts the fees from the sent
amount. The fees vary from country to country. See Fees
| Payoneer Fees |
8.5
Tutor shall
be paid the Hourly Rate listed by the Tutor minus Beetot’s services fees for
each hour of tutoring provided and properly invoiced through the platform.
8.6
Unless
otherwise agreed upon in writing with the customer beforehand, the tutor will
only be paid for the time spent tutoring. Tutor will not be paid for any time
spent getting ready for the services, preparing and/or reviewing homework or
projects, editing documents, making lesson plans, reviewing tests,
communicating with customers, etc.
8.7
Should
Tutor contest the amount of the payment made by Company in any given withdrawal
request, Tutor consents to promptly notify Company of the disputed amounts. Following
receipt of the notice, the Company will conduct an investigation and provide a
written response. Any portion of the disputed amount that the company agrees is
owed will be paid to the Tutor.
8.8
During the
course of this Agreement, Company will not be liable to Tutor for any business
expenses or other costs Tutor incurs in providing the Services to Customers
gained through the Platform, nor will it pay Tutor for such costs.
8.9
The Company
will adjust the amount owed to Tutor if
a.
incorrectly invoiced or entered multiple times the
Company will make the necessary corrections to ensure that the Customer's
account and the Tutor's payment accurately represent the Services rendered.
b.
Company and Tutor have electronically agreed to a
different rate
8.10
Tutor acknowledges to not engage with students in
any financial transactions at any time and if they do the Company shall not be
liable for any damages claimed thereof.
8.11
In the event that the tutor cancels scheduled or
confirmed services with less than twenty-four (24) hours' notice to the
customer, the tutor will offer the following hour of tutoring services without
receiving payment.
8.12
Depending on the manner of communication leading up
to the Services, Tutor shall give the following two hours of tutoring Services
without receiving payment from Customer if Tutor misses scheduled or confirmed
Sessions without notifying Customer.
9.
STUDENT PAYMENT AND HOURS BALANCE
9.1
Students
Purchase Tutoring Hours from Beetot Platform through our secure PayPal Payment
Gateway and their Hours Balance is clearly visible on the Student Dashboard
9.2
Students have the complete freedom of utilising
their Hours Balance in any manner they deem fit for their learning
requirements. They can spend all Hours with one tutor or multiple tutors.
9.3
At the End of Each Session the Student Hours Balance
will be Debited with the Hours Invoiced by the Tutor.
9.4
If there is any discrepancy in the number of Hours
Logged/Invoiced by a Tutor for a particular session, it is the sole
responsibility of the student to immediately inform Beetot of such
discrepancies on support@beetot.com
9.5
Students will not be able to schedule sessions with
any tutors if they do not have Hours Balance.
10.
TAXATION, INSURANCE AND LIABILITIES
10.1
Tutor understands that for all intents and purposes,
including tax considerations, Tutor will not be regarded as an employee with
regard to the Services rendered under this Agreement.
10.2
Tutors are directly responsible to HMRC or the Tax
Authority of their respective countries for all matters regarding Income Tax,
VAT and relevant National Insurance contributions and that the tutor shall
fully indemnify and hold the Client and the Company harmless in this regard.
10.3
Tutor acknowledges and agrees that he/she will pay
income taxes to their government in compliance with federal, state, and/or
local laws, and that he/she will be solely responsible for making all necessary
withholdings for taxes, social security, and other obligations on behalf of
themselves, their employees, and agents.
10.4
Tutor will keep records of payments made to the
Tutor for Services rendered to Customers on Beetot’s platform for the
completion of annual Tax Returns.
10.5
The tutor agrees that neither the client nor the
company will provide any insurance coverage for him or her, and that in the
event that such coverage is needed, the tutor will get insurance on his or her
own behalf against any claims made by individuals or third parties.
10.6
Tutor hereby agree to fully indemnify Beetot for or
against all and any demands by HMRC or any Tax Authority that governs the Tutor
to Beetot for Income Tax, VAT or National Insurance, or any other claim by HMRC
or any Tax authority that governs the Tutor, including any interest or
penalties, arising in connection with your failure to account properly or at
all for any liabilities to HRMC or the Tax Authority that governs you arising
from your Tutoring Services. This indemnity shall include all expenses and
costs, including legal fees, incurred by Beetot in dealing with any such claim
by HMRC or the Tax Authority governing the Tutor.
10.7
Tutor understands and agrees that this Agreement
does not create or constitute an employment contract between Tutor and Beetot.
Tutor agrees to hold Beetot harmless from any liability, assessment, or claim
(actual or threatened) arising from any employment-related or
worker-status-related claims you make in connection with your tutoring
services. This indemnity will cover all costs and expenses, including attorney
fees, that Beetot incurs in handling any real or threatened claim that is made
by you or someone acting on your behalf.
11.1
Unless the parties agree otherwise, Tutors
Independent Contractor Agreement will automatically expire on the End Date
listed in the Assignment Details.
11.2
Before the applicable End Date, the Company may end
Tutor’s Agreement at any time and without prior notice.
11.3
The Independent Contractor Agreement may be
terminated by the Tutor with written notice and a notice period of One Month
(30-Days).
12.
OBLIGATIONS FOR
USE OF SERVICES
You may use the Services only in accordance with the Terms.
You alone bear full responsibility for how You use the Services. You also agree
to comply with and guarantee compliance with all applicable laws pertaining to
Your use of the Services, including but not restricted to laws governing export
control, recording, intellectual property, and privacy. Wherever it is
forbidden, use of the Services is void.
a.
Registration Information.
i.
You
undertake to provide current and accurate information required for registering
or using the Services on the Platform.
ii.
You
acknowledge that the security of Your account is Your sole responsibility and
that You will not share or disclose Your login details with any third party.
b.
Content
i.
You
acknowledge and agree that You are solely responsible for the content
(hereafter, "Content") that you send, transmit, display, or upload on
Beetot Platform or while using the Services.
ii.
You
guarantee and declare that You have the right to upload the Content to Beetot
and that using it there does not violate or infringe upon the rights of any
third party.
iii.
You
acknowledge and agree that it is Your sole responsibility to adhere to all laws
governing the content, including, but not limited to, those requiring You to
get a third party's permission before using the Content and to give proper
notice of the rights of third parties.
iv.
Even
though Beetot disclaims all liability for any Content, Beetot reserves the
right to remove any Content at any time and without prior notice to You if it is
discovered to be in violation of any legal requirements or these Terms.
v.
Beetot
shall not be responsible or liable in any manner for any
a.
transmission or viewing of content
that is accessible through the Services,
b.
content that contains errors or
omissions, or
c.
any sort of loss or damage resulting
from the use, access, or denial of access to content.
c.
Recordings
i.
By
using Beetot Platform or Services you acknowledge and consent that all sessions
will be recorded for quality and security purposes.
ii.
You
acknowledge and consent that You will not receive a notification (visual or
otherwise) since recording is enabled on all a sessions irrespective.
iii.
You
acknowledge and consent that the recordings will be stored by Beetot and Beetot
can utilise these recordings for any purpose that aligns with the Company’s
goals. If the Company decides to use the recordings all personal information
such as names, students’ images/video stream, email addresses or any
identifiable information will be omitted through editing. Tutors video stream
or image may still be shown but contact information will be omitted.
iv.
Recordings
will be made available to Students for review and better retention of concepts
on Students’ request.
v.
Recordings
will not be available to tutors. Students
agree separately not to download, broadcast, or otherwise replicate the meeting
recordings in any way. Customer can only access meeting recordings through
Customer's account on the Platform.
d.
Prohibited Use
You undertake and acknowledge that You
will not use Beetot’s Platform or Services in a way that contravenes any Beetot
policy or the applicable law, including but not limited to anti-spam, export
control, privacy, and anti-terrorism laws and regulations, as well as laws
requiring the consent of subjects of audio and video recordings. You
acknowledge that compliance with all such laws and regulations is your sole
responsibility. You also undertake and acknowledge that
i.
You
will not participate in illicit, dishonest, fraudulent, or deceptive activities
nor will nor will You use the Services to disseminate any content that could be
construed as unlawful, threatening, defamatory, obscene, indecent, infringing
upon someone else's intellectual property rights or other rights, giving rise
to civil liability, or encouraging behavior that could be considered a criminal
offense under any applicable laws or regulations
ii.
You
will not misuse, tamper with, or interfere with Beetot's networks, Your
accounts, or the Services in a deliberate or careless manner, neither will You
alter, break down, compile, create copies of, reverse engineer, or make any
other attempt to obtain access to the Services' source code and nor will You
create or benchmark a rival good or service, or imitate any of the Services'
features, functionalities, or visuals
iii.
You
will refrain from uploading or sending any code, content, or software that
could damage, disable, destroy, or negatively impact the operation of the
services in any way, or that could damage or extract data or information from
Beetot or other users' hardware, software, or networks,
iv.
You
will refrain from participating in any activity or use the services in any way
that would weaken, impair, overload, or otherwise interfere with or disrupt the
services, any servers or networks that are connected to them, or the security
systems of Beetot.
e.
Limitations
Unless otherwise agreed to in a separate agreement with
Beetot, You acknowledge and undertake not to duplicate, resell, or distribute
the Services or any reports or data generated by the Services for any reason.
You acknowledge that You are not permitted to provide or permit third parties
to use the services You have purchased, publish, display, or otherwise make
available the services or any Content You have obtained from a service (other
than Content you have created), earn money from the services in any way, or use
the services to develop, produce, or market a service or product that is
substantially similar to the services.
13.
OBLIGATIONS FOR
CONTENT
13.1
In
compliance with industry standards, Beetot shall maintain appropriate physical
and technical precautions to prevent unauthorized disclosure of or access to
Content.
13.2
In
the event Beetot becomes aware of unauthorised access, Beetot will notify you
directly or issue a statement of notification through media.
13.3
Beetot has no other
obligations with respect to Content and with the exception of the following situations, Beetot will
not access, view, or process Content:
a.
as permitted by this Agreement and
Beetot’s Privacy Statement
b.
as permitted or directed by You
c.
as necessary for Beetot to fulfill
its duties under this Agreement
d.
or as required by law.
14.
INTELLECTUAL PROPERTY
14.1
By this agreement, you assign to Beetot any current
and future inventions and intellectual property rights (including, but not
limited to, patents, copyright, and associated rights) resulting from the
Services for Beetot. You consent to swiftly executing the relevant paperwork
and taking any other actions that Beetot deems appropriate to put this section
into effect. Any work completed for Beetot and any products created in relation
to the delivery of the Services, such as training materials, documentation, and
applications, shall always be the property of the Company.
14.2
When you contribute to publicly available portions
of Beetot’s Platform, give lessons, submit text, photos, or videos, or publish
any other user-generated content (UGC) through the use of the platform, you
automatically and instantly grant:
a.
to Beetot a worldwide, non-exclusive, royalty-free,
perpetual, transferable license (with the right to sublicense) for the use,
recording, publication, distribution, preparation of derivative works of,
display and performance of all such UGC, or any part of it, and the
Intellectual Property Rights therein, in connection with the provision of the
Beetot Services, including, without limitation, the reproduction and sale of
the UGC, or any part of it, and products incorporating the same for use by any
person anywhere in the world, as well as the promotion and redistributing all
or part of the Beetot Services (and derivative works thereof) in any media
formats and through any media channels; and
b.
a global, non-exclusive, perpetual, royalty-free
license to access your user-generated content (UGC) through the Beetot Services
is granted to each user of the Beetot Services, regardless of whether they are
registered as a tutor, customer, or otherwise. This license also allows users
to use, reproduce, distribute, create derivative works from, display, and
perform user-generated content (UGC) to the extent allowed by the Beetot
Services' functionality and under the terms of this agreement.
14.3
You understand that all tutoring sessions you be
recorded, and you consent to Beetot storing and using the recordings. By using
any UGC, you hereby consent to giving up any and all moral rights.
14.4
Tutors cannot access recordings. Customer agrees
separately not to download, broadcast, or otherwise replicate the meeting
recordings in any way. Customer can only access meeting recordings through
Customer's account on the Platform.
14.5
This agreement and warranty mean that, unless the
Tutor has the express consent of the rightful owner or are otherwise legally
permitted to use the UGC in question, Tutor will not use any third-party
copyright material or material that is subject to other third-party proprietary
rights (such as rights of publicity or privacy).
14.6
The Tutor agrees to hold the Company (and the
Client, if applicable) harmless against any losses that may be attributed to,
incurred, or paid as a consequence of, or related to, any actual or purported
infringement of intellectual property rights or other rights of third parties
resulting from the acquisition, use, or distribution of the Work Results by the
Tutor during the tutoring sessions.
14.7
It is forbidden to use, modify, copy, distribute,
adapt, alter, or deal with the intellectual property rights found on Beetot’s
site or in the Beetot services in any manner without first obtaining written
consent from Beetot.
14.8
It is acknowledged by the Tutor that Beetot or its Licensors
own all Intellectual Property Rights in and related to the Beetot’s Site and
Beetot Services.
15.
PRIVACY
15.1
While
you use the Beetot Platform, we gather User-submitted personally identifying
information (also known as "PII") and non-personally identifiable
information (also known as "non-PII") in order to provide you with
the best possible experience. We may gather information from you when you
create or edit your profile, upload content (pictures, videos, essays, lessons,
etc.), add comments or profile descriptions, engage in interactive features of
the Beetot Platform, connect with us on social media sites outside of the
platform, send us an email, ask for technical assistance, or interact in any
other way with us or other users via the Beetot Platform. We just keep this
data in order to use it for providing Services, software development and
documentation.
15.2
Beetot
is dedicated to safeguarding your privacy and internet security. For any user
of our system, Beetot shall not be held liable for errors and omissions
(E&O). By using Beetot, you
undertake and agree that you and any third parties will not hold Beetot liable
for any losses resulting from data breaches. Beetot personnel only receives
access to PII and non-PII for software development and communication purposes,
or as mandated by law.
15.3
Tutor
photos, images, videos, texts, and documents uploaded to Tutor profiles may be
used by us in referral emails and other forms of sharing, promoting, and
advertising on any or all of Beetot’s social media accounts* (Facebook,
Twitter, LinkedIn, Instagram, Snapchat, and other platforms). We reserve the
right to have a non-exclusive, royalty-free license to tutor photos, images,
videos, texts, and documents (With relevant privacy policies in effect).
16.
CONFIDENTIAL INFORMATION AND DATA PROTECTION
16.1
USER agrees not to use or disclose to any third
party any confidential information about the business or affairs of the Company
or any of its business contacts, or about any other matters that may come to
your knowledge in the course of providing the Services, including payment
rates, terms, and other arrangements, either during or after the period of your
agreement with the Company. Any information or matter pertaining to the
Company's or any of its business connections that is not in the public domain
is considered confidential information for the purposes of this clause.
16.2
Tutor consents to receiving any private or sensitive
information about a customer that is acquired over the Platform and agrees:
a.
to prevent any unauthorized access to such
information and to guarantee its security and confidentiality.
b.
must never keep such information, utilize it, or
reveal it outside the parameters of the services provided to the customer.
c.
not to utilize such information for any reason other
than carrying out the services with the aforementioned customer.
d.
to never, ever offer to sell, or sell any such
information to anybody
16.3
The Tutor's information will be utilized by the
Company for the purpose of managing the Services and helping to pair the Tutor
with other qualified Students.
16.4
Tutor consents to the availability and sharing of
information about their profile with Customers.
16.5
The Tutor's details and profile picture may be used
by the Company without remuneration for marketing purposes, to promote services
and draw in clients, whether online, in print, or through other media formats.
We may use client testimonials and references at our discretion. CVs won't be
shared, and no full names or private contact information will be used.
17.
TRACKING TECHNOLOGIES
When you initially sign up as a student or tutor on Beetot,
you agree and consent to Beetot collecting the following data by accepting the
Terms of Service.
17.1
Technologies
including cookies, tags, and scripts are used by Beetot to track user behavior
on the platform, evaluate trends, administer the Beetot Platform, and collect
demographic data about all of our users.
17.2
Beetot uses cookies to improve Your
experience according to Your user data like location and account settings. Our
cookies don't contain any PII anywhere. At any time, you can choose to restrict
or remove cookies from Your browser, but keep in mind that doing so may limit
how the Beetot Platform functions altogether.
17.3
Beetot gathers some data
automatically, stores it in log files, and combines it with additional
user-provided data. Internet protocol (IP) addresses, browser types, internet
service providers (ISPs), referring/exit pages, operating systems, date/time
stamps, and/or clickstream data are examples of this kind of information. This
is to improve site functionality, analytics, marketing, and/or services that
you receive.
18.
AGREEMENT TO BEETOT PARTNERS TERMS OF
SERVICE AND PRIVACY POLICY
Beetot utilises third party APIs for Online Classroom and
Payment Processing. By Agreeing to these Terms You understand, undertake and agree
to the Terms of Service, Legal Agreements and Privacy Policy of these Partner
Companies Beetot utilises for providing you seamless Services.
18.1
Payment Gateway Legal Agreements https://www.paypal.com/uk/legalhub/home?country.x=GB&locale.x=en_GB
18.2
Online Classroom Legal Agreements https://www.thelessonspace.com/legal/terms-of-serviceand https://www.thelessonspace.com/legal/privacy-policy
19.
WARRANTIES AND INDEMNITIES
19.1
By Agreeing to these Terms of Service, you promise,
represent, and warrant to Beetot that:
a.
You are at least eighteen years old and can legally
enter into contracts or agreements.
b.
If you are under eighteen then either Your Parent or
Legal Guardian has accepted these terms or You have accepted these Terms with
the Express Consent and in the Supervision of Your Parent or Legal Guardian.
c.
Any information You have provided on Your Beetot
profile is accurate and up to date.
d.
You are at least eighteen years old and possess the
required education and/or expertise to give tutoring services in the course(s)
you list in your online profile on Beetot’s Platform.
e.
Any information you send to Beetot and post on the
Company’s Website, including any pre-contractual information, is your
responsibility and must be accurate and current.
f.
When you offer references or referee information, it
refers to parties who are non-related to you and have consented to being
contacted without prior notice to Yourself and the Sponsor and the Student
receiving the reference information if needed.
g.
You are a self-employed Independent Contractor and
responsible your own income tax, national insurance contributions, and other
obligations that need to be paid according to the Tax Authorities governing
you.
h.
The appropriateness and content of any
user-generated material (UGC) that you use or contribute is entirely your responsibility.
i.
You will fulfill all tutor-related responsibilities
and engage with Clients only through Beetot’s Platform.
19.2
On demand, you agree to defend, indemnify, and hold
harmless Beetot (and any Beetot Customers as applicable), and to keep Beetot
(and any Beetot Customers) completely and effectively indemnified against any
and all Losses resulting from or related to:
a.
any violation of these Tutor Terms, as well as any
obligation or warranty breached by the Tutor or Tutor's actions or inactions
(save in cases where losses are directly caused by Beetot's negligence or
Tutor's breach of these Tutor Terms); and
b.
any and all legal actions, complaints, or claims
brought by customers against Beetot in connection with the tutoring services.
20.
LIMITATION OF LIABILITY
20.1
In entering
into the terms of this Agreement, each party understands and agrees that it is
not relying, except as expressly provided in this Agreement, on any
undertaking, promise, assurance, statement, representation, warranty, or
understanding (whether in writing or not) of any person (whether party to this
Agreement or not) with regard to the subject matter of this Agreement.
20.2
As a
condition of using the Beetot’s Platform or Services, you acknowledge that we
will never be liable to you in contract, tort (including negligence), or
otherwise for any consequential, special, or incidental loss or damage (whether
direct or indirect), or for any loss of profit or anticipated profit, business,
data, opportunity, revenue, goodwill, or reputation.
20.3
The company disclaims all liability for any loss,
damage, or injury resulting from or associated with the platform or services,
including but not limited to the use of the platform or inability to use it. In
any case, the company will not be liable to the tutor for any indirect,
punitive, special, exempt, incidental, consequential, or other damages of any
kind (including personal injury, data loss, revenue, profits, use, or other
economic advantages), other than damages that the tutor has actually suffered.
20.4
To the
maximum extent allowed by law, Beetot disclaims all other express or implied
terms, conditions, and warranties and makes no other promises than those that
are specifically stated in this Agreement.
21.
TECHNICAL
21.1
In the unlikely event that a student and tutor encounter
technical difficulties in the virtual classroom and the session lasts less than
fifteen minutes, the student account will not be debited for any hours for this
time and the tutor will not receive payment.
21.2
If the student and tutor agree so they can use any
third party softwares such as Zoom, Google Meet or any other tool for the
session. The Tutor should later invoice the session through Beetot Platform for
claiming Payment.
21.3
The student will be charged the prorated fee until
the end of the session if they and the tutor run into technical difficulties in
the online classroom and the session lasts more than fifteen minutes. The
prorated sum will be paid to the tutor.
22.
GOVERNING LAW AND JURISDICTION
22.1
The laws of England and Wales shall govern and be applied
to this Agreement and any disagreement or claim (including non-contractual
disputes or claims) arising out of or in connection with it, its subject matter
or formation.
22.2
By entering into this Agreement, each party
irrevocably consents to the exclusive jurisdiction of the courts of England and
Wales to resolve any dispute or claim (including non-contractual disputes or
claims) arising out of or related to this Agreement or its formation.
23.
DISCLAIMER
The views
or opinions expressed by Tutors or Students on Beetot Platform are entirely
their own and do not necessarily reflect the views or opinions of Beetot.
24.
FEEDBACK
AND QUALITY IMPROVEMENT
24.1
Beetot always places its
USERS/CUSTOMERS first and therefore we are always willing to listen to our users/customers.
24.2
Beetot encourages both positive and
negative feedback to enhance the quality of Beetot Platform and Services.
24.3
You can submit your feedback to support@beetot.com.
25.
QUESTIONS/COMMENTS
Any questions/comments about these Terms should be emailed to support@beetot.com
