Terms & Conditions

Agreement between User and https://www.tutorme.ch - Updated: 22nd August 2023

1. Terms of Service

Welcome to TutorMe.ch. The TutorMe.ch site is owned, edited and run by Novalearn SÀRL, a Swiss limited liability company, registered to the Register of Commerce of Switzerland, doing business as "TutorMe.ch”.

Headquarters: Ch. de la Vulliette 28, 1000 Lausanne, Switzerland 

RDC Vaud, Switzerland: CHE-382.953.646

https://www.tutorme.ch is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.tutorme.ch constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

For the purposes of this Terms, unless otherwise noted, all references to TutorMe.ch include https://www.tutorme.ch and TutorMe.ch (Doing Business As Name) and Novalearn SÀRL (legal company name).

TutorMe.ch is an online tutoring marketplace and platform for tutors and Learner to connect for learning and teaching various subjects of study. Tutors set their own rates and schedules and learners pay for various services within the site. TutorMe.ch keeps a variable commission on each transaction and purchase made within the site and third-party sites to bring irun its business(es), produce earnings for the shareholder(s) and pay for the salary of any potential employee(s).

 

2. Privacy

You may use the Website and Blog without providing personally identifiable information. To use the Services we may require provide us consensually your personal data. Please refer to our Privacy Policy for additional information on our practices for handling, processing and securing user’s personal data. When you choose to register for or participate in Services or other events in relation to the Services, you agree that you will provide accurate, complete, and up to date personal data as requested on the screens that collect information from you.

 

3. Electronic Communications

Visiting https://www.tutorme.ch or sending emails to TutorMe.ch constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

4. Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TutorMe.ch is not responsible for third party access to your account that results from theft or misappropriation of your account. TutorMe.ch and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

5. Verification

As part of the Services, we attempt to verify Tutors' identity and claimed educational credentials (educational background documents, as diplomas, certificates etc.). The Tutor may upload a copy of the Tutor’s ID and educational document(s).

We do not control and are not responsible for any information provided by any Tutor with the aim of such verification. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the verification or Tutors themselves. TutorMe.ch cannot confirm that each User is who they claim to be. You agree and understand that you assume all risks when using the Services, including without limitation any and all of the risks associated with any online or offline interactions with other Users. While we use good faith efforts to confirm that each Tutor on our Website is a legitimate instructor, we are not able to provide any assurances regarding the trustworthiness of Tutors and the information they provide via our Website. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. Neither TutorMe.ch nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of the Services. TutorMe.ch and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Services.

 

6. Tutors’ Introduction Video and Profile Picture

Tutors grant TutorMe.ch the rights to use Tutor’s Introduction video, name and profile picture for marketing, advertising or promotional purposes. TutorMe.ch may publish Tutor’s Introduction videos and profile pictures to our official channels in third-party social media advertising system, video hosting and streaming services, such as YouTube, Vimeo, Facebook or others, as to ensure accessibility and visibility to TutorMe.ch students regardless of location. You may always request to remove any Introduction videos published to our official channels in third-party social media, video hosting and streaming services by writing to info@tutorme.ch.

 

7. Lesson Recording

You acknowledge and agree that, from time to time, TutorMe.ch may record videos of your lessons. This recording is intended solely for the purpose of ensuring the quality of TutorMe.ch Services. Recordings will not be shared externally, used for individual targeting, or used for any sales, marketing, or other promotional purposes. By using TutorMe.ch services, you agree and give consent for such recordings that is gratuitous, unsolicited, and without restriction. You agree that TutorMe.ch may use these recordings without fiduciary, or other obligation, and without any additional compensation. You may opt out of any recordings of your lessons or request to remove any existing recordings by writing to info@tutorme.ch .

If you participate in any capacity (Learner, Student, TutorMe.ch's employee or else) in any product or service offered by TutorMe.ch that mentions in the offer the access to the recordings or the possibility that the lesson session(s) are recorded, you automatically accept the following:

·       a. You give consent to the recording of the lesson(s) ( containing your image, name and any kind of personal information ) being shared, only amongst the participants of the product or service.

·       b. You are NOT allowed to share, cut, edit, modify, distribute or provide access to any of the recordings to any individual or organization. In this case, TutorMe.ch may take legal action against you for theft of intellectual property.

·       c. You recognize any of the study materials presented during any of the products or services of TutorMe.ch as intellectual property of the Tutor. You are thus prohibited, from re-using this content in any way as well as distributing it to any party. Study materials include, but are not limited to: PowerPoint slides, presentation slides, exercises, on-screen annotations, ink annotations.

For any inquiries about the lessons' recordings, send an email to: info@tutorme.ch

 

8. People Under Eighteen

TutorMe.ch does not knowingly collect, either online or offline, personal information from persons under the age of Eighteen. If you are under 18, you may use https://www.tutorme.ch only with permission of a parent or guardian.

 

9. Payment and Cancellation/Refund Policy

Please read carefully the ”Payment and Cancellation/Refund Policy” before making a payment as it determines your rights with regard to your purchases, including essential restrictions and exclusions.

Lessons can be canceled up to 5 hours before the scheduled start time, and rescheduled thereafter. Otherwise, you will be charged the full amount for the scheduled lesson.

We reserve the right to charge the cost of the lesson that is canceled less than 5 hours before the scheduled start time on behalf of the Tutor, without the possibility of this amount being refunded to the Student or transferred to other Tutors.

Group classes and packages can be canceled up to 48 hours before the scheduled start time, in which case the funds will be returned to your account balance. If you cancel the class less than 48 hours before the scheduled start time, the funds will be deemed used and you will not be able to reuse them.

You can easily cancel or reschedule lessons/group classes through your TutorMe.ch account by clicking the corresponding button in ‘Group Classes’ for the scheduled classes within the timeframe specified in this section.

9.1 Refunds

If you are eligible for a refund as per the conditions outlined above, you may click on the button "Cancel”, to cancel the lesson / group class / package. After, you will have to insert a motivation for the cancellation and submit. The amount refundable will be credited to your account’s Wallet. In order to receive the funds you will have to submit a "Withdrawal request”, from the "Withdraws” page under the "History” section of your own personal dashboard. Once the withdrawal request has been sent, it will be processed within 30 workdays. A withdrawal request may only be applicable to those concerned by the cancellation policy found in article 9. Payment and Cancellation/Refund Policy, any withdrawal requests falling outside the scope of the terms set within article 9 of the TutorMe.ch Terms and Conditions are considered non-eligible thus the funds will remain within the individual virtual wallet of the concerned account. 

9.2 Tutor’s Payouts

Tutors are considered as a supplier of a service to TutorMe.ch. They are therefore not to be considered as "employees”.

All the earnings of a Tutor are automatically credited to the Tutor’s account Wallet. The earnings relative to each lesson are only credited once the lesson has been successfully delivered. In order to, receive the funds, present on the "Wallet” the Tutor will have to submit a "Withdrawal request”, from the "Withdraws” page under the "History” section of your own personal dashboard. Once the withdrawal request has been sent, it will be processed within 30 workdays. If a Tutor is to terminate their account on the platform by consequence the residual amount left within their virtual wallet will be immediately credited towards the TutorMe.ch entity given that no withdrawal requests concerning the residual amount were made prior to the account termination.

9.3 Data Provided by You

It is your responsibility to fill in correctly your payment details, so that our team may correctly send you funds with your preferred method of payment and to the correct account.

TutorMe.ch cannot be held liable for any wrongful transfer of funds due to incorrect information provided by the User.

 

10. TutorMe.ch Commission Model

Signing up and using the platform, both as a tutor and as a learner is completely free of charge.

TutorMe.ch takes a commission on every transaction of 1-to-1 lesson and (small, 2-3 people) group classes, equal to 18% of the price, set by the tutor.

The TutorMe.ch platform is a medium dedicated to putting in contact multiple parties, by such the commission made off each session / course / group class is its only source of revenue.

 

11. Materials and Tools for Teaching

Regarding the materials and tools used in Lessons, Group Classes, Packages and any other product offered through TutorMe.ch, the Tutor accepts to:

·       Not use any educational material that the Tutor doesn’t have the right to use or that is the exclusive property of a third party company or educational institution (e.g. a university, high school or else)

·       Produce his own original content, to be used for educational purposes in all services offered by TutorMe.ch

12. Links to Third Party Sites/Third Party Services

https://www.tutorme.ch may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TutorMe.ch and TutorMe.ch is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TutorMe.ch is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TutorMe.ch of the site or any association with its operators.

Certain services made available via https://www.tutorme.ch are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.tutorme.ch domain, you hereby acknowledge and consent that TutorMe.ch may share such information and data with any third party with whom TutorMe.ch has a contractual relationship to provide the requested product, service or functionality on behalf of TutorMe.ch users and customers.

 

13. No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use TutorMe.ch strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to TutorMe.ch that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TutorMe.ch or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TutorMe.ch content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TutorMe.ch and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TutorMe.ch or our licensors except as expressly authorized by these Terms. 


In the eventuality that you are suspected of non-adhering to the aforementioned terms in concern to the use of ZutorMe.ch's intellectual property, as a first measure your account will be unequivocally suspended on the platform restricting your usage of subscribed courses as well as all other services found on the platform. More drastic measures may be taken upon consideration, by the TutorMe.ch internal management team, of the gravity related to your actions.

 

 

14. Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

TutorMe.ch has no obligation to monitor the Communication Services. However, TutorMe.ch reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TutorMe.ch reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

TutorMe.ch reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TutorMe.ch’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TutorMe.ch does not control or endorse the content, messages or information found in any Communication Service and, therefore, TutorMe.ch specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TutorMe.ch spokespersons, and their views do not necessarily reflect those of TutorMe.ch.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

15. Materials Provided to TutorMe.ch or Posted on Any TutorMe.ch Web Page

TutorMe.ch does not claim ownership of the materials you provide to https://www.tutorme.ch (including feedback and suggestions) or post, upload, input or submit to any TutorMe.ch Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TutorMe.ch, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. TutorMe.ch is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TutorMe.ch’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

16. Third Party Accounts

You will be able to connect your TutorMe.ch account to third party accounts. By connecting your TutorMe.ch account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

17. International Users

The Service is controlled, operated and administered by TutorMe.ch from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TutorMe.ch Content accessed through https://www.tutorme.ch (or any third party website) in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

18. Indemnification

You agree to indemnify, defend and hold harmless TutorMe.ch, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TutorMe.ch reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TutorMe.ch in asserting any available defenses.

 

19. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

20. Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TutorMe.ch agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

21. Liability Disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. TutorMe.ch and/or its suppliers may make improvements and/or changes in the site at any time.

 

TutorMe.ch and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. TutorMe.ch and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

 

To the maximum extent permitted by applicable law, in no event shall TutorMe.ch and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if TutorMe.ch or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

 

22. Termination/Access Restriction

TutorMe.ch reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Canton of Vaud, Switzerland and you hereby consent to the exclusive jurisdiction and venue of courts in Vaud in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TutorMe.ch as a result of this agreement or use of the Site. TutorMe.ch’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TutorMe.ch’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TutorMe.ch with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TutorMe.ch with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TutorMe.ch with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

23. Contractual Obligations

As aforementioned, TutorMe.ch is a medium with objective to put differing parties in contact as such TutorMe.ch does not implement an employment contract with you. Meaning we do not have any obligation towards the payment of insurances, pension wages, or any social contributions found within hiring contracts due by employers to employees. Any Business Proposal’s or documents that may be construed as such sent from the TutorMe.ch entity towards you are strictly confidential documents and the disclosure of the information on those documents concerns solely the sender of the document and the receiver.

 

24. Changes to Terms

TutorMe.ch reserves the right, in its sole discretion, to change the Terms under which https://www.tutorme.ch is offered, for any reason by posting of the updated Terms to our Website with indication of the modification date at the top of this page.  The most current version of the Terms will supersede all previous versions. TutorMe.ch encourages you to periodically review the Terms to stay informed of our updates.

 

25. Contact Us

TutorMe.ch welcomes your questions or comments regarding the Terms:

 

26. Non-Affiliation Disclaimer 

All of the services and products on TutorMe.ch are offered independently by Tutors approved by the management of TutorMe.ch. The Company, Tutors and management of TutorMe.ch are not affiliated or associated to any other company, agency or university such as EHL Hospitality Business School or any other university.”

 

Novalearn SÀRL

For any legal inquiries: legal@novalearn.ch

Email Address: info@tutorme.ch 

Phone number:

For calling: +39 351 523 26 56

For WhatsApp messaging and calling: +41 (0) 76 225 04 57