1. These Website Standard Terms and Conditions written on this webpage shall manage your use of Tutorko.com, Tutorko accessible at tutorko.com.
2. By using Tutorko,com, you accepted these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use tutorko,com
3. Intellectual Property Rights
Unless otherwise stated, we or our licensors own the intellectual property rights in Tutorko.com and material on Tutorko.com. Subject to the license below, all these intellectual property rights are reserved.
4. License to use Tutorko.com
You may view, download for caching purposes only, and print pages from Tutorko.com for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:
a. republish material from this Tutorko.com (including republication on another Tutorko.com);
b. sell, rent or sub-license material from the Tutorko.com;
c. show any material from the Tutorko.com in public;
d. reproduce, duplicate, copy or otherwise exploit material on our Tutorko.com for a commercial purpose;
e. edit or otherwise modify any material on the Tutorko.com; or
f. redistribute material from this Tutorko.com except for content specifically and expressly made available for redistribution.
g. Where content is specifically made available for redistribution, it may only be redistributed within your organization.
5. Acceptable use
a. You must not use our Tutorko.com in any way that causes, or may cause, damage to Tutorko.com or impairment of the availability or accessibility of Tutorko.com; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
b. You must not use our tutorko.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
c. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our tutorko.com without our express written consent.
d. You must not use tutorko.com to transmit or send unsolicited commercial communications.
e. You must not use tutorko.com for any purposes related to marketing without our express written consent.
6. Restricted access
a. We reserve the right to restrict access to areas of Tutorko.com, or indeed our whole website, at our discretion and without notice.
b. If we provide you with a user ID and password to enable you to access restricted areas of Tutorko.com or other content or services, you must ensure that the user ID and password are kept confidential at all times.
c. We reserve the right to disable your user ID and password at any time in our sole discretion without notice or explanation.
7. Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of amounting to a criminal offense or give rise to a civil liability, or otherwise be contrary to the law of any country or territory where it is or may be published or received.
8. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
a. be libelous or maliciously false;
b. be obscene or indecent;
c. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
d. infringe any right of confidence, right of privacy or right under data protection legislation;
e. constitute negligent advice or contain any negligent statement;
9. Indemnity
You agree to indemnify, defend, and hold harmless Tutorko.com, Metacology Createch, Inc., and/or its subsidiaries, affiliates, directors, officers, employees, agents, representatives and third party providers from and against any and all losses, expenses, damages, costs, demands, claims, actions or suits or proceedings, as well as any losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in any way connected with your use of Tutorko.com, your availment of any services or purchase of any product, your negligent or intentional wrongdoing through your use of Tutorko.com, your infringement of any intellectual property or any right of a person or entity, your failure to dispute any assessed service fees due to any Tutor, your violation of these terms and conditions, or your violation of any laws or third party rights directly or indirectly affecting Tutorko.com, Metacology Createch, Inc., and/or its directors, officers, employees and agents. Tutorko.com, Metacology Createch, Inc., and/or its subsidiaries, affiliates, directors, officers, employees, agents, representatives, tutors and third party providers reserve their respective rights, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification which in such case you fully agree to cooperate with such defense and in asserting any available defenses. You agree not to amicably settle any such claim without the prior written consent of Tutorko.com.
10. No reliance on information
a. The content on Tutorko.com is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Tutorko.com.
b. Although we make reasonable efforts to update the information on Tutorko.com, we make no representations, warranties or guarantees, whether expressed or implied, that the content on Tutorko.com is accurate, complete or up to date.
11. Liability
Nothing in these stated terms and conditions shall:
a. limit or exclude your liability for any damages resulting from death, personal or any other form of injury resulting from your negligence; and
b. limit or exclude your liability for fraud or fraudulent misrepresentation;
To the extent that the information and services provided by Tutorko.com are provided, given and made available free-of-charge, it shall not be liable for any loss or damage of any nature.
In the event you initiate any claim or action arising from your use of Tutorko.com on the basis of claimed or alleged liability against it, Tutorko.com shall not be liable to you in the amount exceeding the aggregate amount of service charges that you paid for the entire duration of your use or availment of our services and/or purchase of any product therein.
The tutorial services provided by Tutorko.com and its Tutors are made available without warranties of any kind whether express or implied. Tutorko.com expressly disclaims any and all forms of warranties including implied warranties for merchantability, fitness, non-infringement or violation of any rights with respect to its website, products, and/or the tutorial services provided by its Tutors. Tuturko.com does not warrant or make any form of representations insofar as the use, validity, accuracy, or reliability of the tutorial services, content, information, text, graphics and/or other items as provided therein or by any of its Tutors.
You expressly agree not to hold Tutorko.com, its agents, employees, or Tutors liable for any content instruction, advice or service provided through its website.
12. Breaches of these terms and conditions
a. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or we reasonably suspect that you have breached these terms and conditions in any way, we may send you one or more formal warnings; temporarily suspend your access to Tutorko.com; permanently prohibit you from accessing Tutorko.com; block computers using your IP address from accessing Tutorko.com; contact any or all of your internet service providers and request that they block your access to Tutorko.com; commence legal action against you, whether for breach of contract or otherwise; and/or take such other action as we reasonably deem appropriate.
13. Variation
We may revise these terms and conditions from time-to-time.
The revised terms shall apply to the use of Tutorko.com from the date of publication of the revised terms on Tutorko.com.
14. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
15. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
17. Our details
The full name of our company is Metacology Createch
You can contact us by email, at hello@tutorko.com
18. Tutor Services
Tutor services are provided through our website by independent contractors who are neither employees nor agents of Metacology Createch Corp. Tutors are responsible for their compliance with all applicable laws including revenue regulations.
Tutorko.com exercises the appropriate due diligence in confirming the validity of its Tutors’ educational and academic qualifications, experience, and credentials as well as their lack of any derogatory record.
19. Tutor Qualifications
All Tutors have undergone a stringent and rigid vetting process and have provided proof of their educational and academic qualifications, experience, and credentials to the full satisfaction of Tutorko.com. However, Tutorko.com does not guarantee the performance or qualifications of any of its Tutors. Tutorko.com’s sole responsibility is with respect to its provision of Tutoring Services and facilitating its availability to the general public through its website.
20. Booking and Payment
All tutoring sessions must be booked and paid for in advance through our website. Payment is processed securely through our payment gateway. Refunds will only be provided in the event that a tutor is unable to fulfill a scheduled session.
21. Cancellation and Rescheduling
If you need to cancel or reschedule a session, you must do so at least 24 hours before the scheduled start time. If you do not show up for a scheduled session or do not give at least 24 hours' notice of cancellation or rescheduling, you will not be entitled to a refund.
22. Limitation of Liability
In no event shall Tutorko.com be liable for any indirect, incidental, special, or consequential damages, or lost profits, arising out of or in connection with the tutoring services provided through the website.
23. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the Philippines and you hereby submit to the exclusive jurisdiction of the Philippines courts.
24. Intellectual PropertySAVE
All content, trademarks, services marks, trade names, logos and icons are the property of Tutorko.com or its affiliates or licensors and are protected by copyright and trademark laws. You are prohibited from using any of the marks or logos appearing throughout the Website without permission from the trademark owner, except as permitted by applicable law.
25. User Generated Content
You are solely responsible for any text, photographs, videos, or any other content or materials that you submit, post, or display on or through the Website, including but not limited to, tutoring session materials and feedback (collectively, "User Content"). You represent and warrant that you have all rights necessary to submit User Content and that such User Content, and your submission, posting, or display of such User Content does not violate any applicable laws or regulations or the rights of any third party, including but not limited to any intellectual property rights, rights of publicity, or rights of privacy.
26. Dispute Resolution
If a dispute arises out of or relates to these terms and conditions, or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties shall endeavor first to settle the dispute by mediation administered by the Philippines Mediation Centre before resorting to arbitration, litigation, or some other dispute resolution procedure.
27. Contact Us
If you have any questions or concerns about these terms and conditions, please contact us at hello@tutorko.com
28. Payments
All payments for tutoring services must be made in advance through our website using a valid credit or debit card. We accept Visa, MasterCard, American Express, and Discover. By submitting a payment, you confirm that the credit or debit card being used is yours.
29. Refunds
If a tutor is unable to fulfill a scheduled session, we will provide a full refund to the student. In case of student's cancellation of a session, if notice of at least 24 hours before the scheduled start time of the session is given, student will be entitled to a full refund. If less than 24 hours notice is given, no refund will be provided.