Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

The MyTutor Zimbabwe Terms of Use (“Terms of Use”) apply to the web site, mobile application and other interactive features or services that post a link to these Terms of Use (each, a “Service” and collectively, the “Services”). MyTutor Zimbabwe is referred to in these Terms of Use as ” MyTutor Zimbabwe”, “we” or “our”. “You,” “your” and “user” refer to a parent or guardian who pays for access to the Services, as well as the student and/or tutor who accesses or uses the Services. If you are a parent, guardian, or other person who enables a minor to access the Services, you agree to stand in the shoes of such minor for the purposes of making us whole in case of damages or indemnification. A violation of these terms of use may lead to a suspension or termination of your account.

These Terms of Use govern your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to them (“Linked Services”), and regardless of whether you are a registered user or a guest. By using the Services, you agree to the Terms of Use. If you do not agree to the Terms of Use, you are not authorised to use the Services and you must cease all such use immediately.

Services

Through our Services, site and Software, we enable users to connect with tutors (Tutors) who provide live, one-to-one or one-to-many instructions, tutoring and learning services As part of the Services, we require all Tutors to pass a verification process (“Verification Service”), which makes reasonable commercial efforts to confirm the validity of Tutors’ claimed educational credentials.

MyTutor Zimbabwe acts as a technology service that facilitates provision of Tutoring Services between users and Tutors and does not make decisions related to the provision of, or otherwise exercise control or supervision over, Tutoring Services or contents thereof. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the Tutors.

ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TUTORS OR ANY OTHER THIRD-PARTIES AND ANY PURCHASES OF LESSON SERVICES PROVIDED BY TUTORS ARE DONE AT THE USER’S RISK, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

MyTutor Zimbabwe is not responsible for the use or exchange of any information or files between Tutors and users. Further, MyTutor Zimbabwe does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Tutors or users.

Tutoring Attachments

Your use of the MyTutor Zimbabwe Websites or Services may involve the exchange of file attachments between you and a Tutors. MyTutor Zimbabwe is not responsible or liable for the content of such attachments, and such attachments may be viewed by other MyTutor Zimbabwe users, or by the general public. You acknowledge sole responsibility for and assume the risk arising from your downloading any such attachments and posting such attachments.

 Account Registration, Termination and Cancellation

MyTutor Zimbabwe provides a variety of services, both online and offline, designed to improve the overall academic experience of learners. You may only have one MyTutor Zimbabwe account per user for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third-party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify MyTutor Zimbabwe immediately if you suspect any unauthorised use of your account or access to your password. MyTutor Zimbabwe has the right to terminate your account for any reason at our sole discretion without notice to you.

You may request cancellation of your account at any time throughout your use of our Services. To the fullest extent permissible under applicable law, your account will only be cancelled and closed after all transactions have been processed including payment of Services or the cashing of any refund check, if applicable. MyTutor Zimbabwe may cancel your account in its sole discretion for any reason, including but not limited to inactivity or misuse.

Mobile Use

The Services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Services, receive messages or notifications from the Services, download applications to your mobile phone or access features from the Services (collectively, the “Mobile Features”). Data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

If you change or terminate your mobile account, you agree to promptly update your MyTutor Zimbabwe account information so that any messages or notices from MyTutor Zimbabwe regarding the Services are sent to you and not to the person who is assigned your old number.

For any of our mobile apps, you agree that the third-party store or platform through which our apps are available (including, without limitation, the Apple App Store and Android Play Store) is not liable to you in connection with our apps.

Email and Pop-up Notifications

Notifications or receipts from MyTutor Zimbabwe will be delivered to you by email at the address you provided to MyTutor Zimbabwe when you created your account or as later updated. You may also opt to receive pop-up notifications and reminders from My-Tutor, as a courtesy to you. MyTutor Zimbabwe may contact you using the phone numbers you provide to My-Tutor. You are still responsible for compliance with the Terms of Use, including, e.g., attend/give a Service, whether or not you receive such reminders via email or otherwise. MyTutor Zimbabwe will not ask you for your personal information, account username, and password, or any information about you or your method of payment via email or text message. If you receive such an email or text message purportedly from MyTutor Zimbabwe, it is fraudulent and MyTutor Zimbabwe will have no responsibility for any misuse of any information you provide as a result.

Payments and Payment Processing

Validation: MyTutor Zimbabwe may require users of the Services to provide a valid method of payment (e.g., credit or debit card, EFT, etc.) tied to an account at a financial institution when they register for an account (to ensure users are able to make applicable payments to My-Tutor) or upon ordering products or services. If a method of payment is required, you are responsible for ensuring that a valid method of payment is associated with your MyTutor Zimbabwe account at all times (either the original method of payment or a replacement). To confirm your method of payment is valid, MyTutor Zimbabwemay initiate a “pending” charge on the account. This charge will not be confirmed and, therefore, you will not be charged and it will simply disappear from your financial statement (usually within seven days – check with your financial institution for additional information). Please be aware that this pending charge may be initiated each time you edit the payment information for your account or place an order that cannot be processed.

Other Policies: Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card’s security code (e.g., CVC, CVV, CID). MyTutor Zimbabwe will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. MyTutor Zimbabwe may store your method of payment. MyTutor Zimbabwe reserves the right to place you into collections if you fail to timely pay for the products and services ordered through the Services; collections may be done by MyTutor Zimbabwe or a third-party on MyTutor Zimbabwe’s behalf. You also agree that we may, at our discretion, send your account to a collection agency, and recover our reasonable costs of collection from you, if you fail to pay all fees due and owing to My-Tutor. For security reasons or to otherwise confirm a financial instrument or payment, MyTutor Zimbabwe may delay providing payments or services even if such delay impacts a guaranteed delivery date.

Modifications to the Service

MyTutor Zimbabwe reserves the right, in our sole discretion, to make changes to or discontinue any of the Services at any time. Any description of the Services provided by MyTutor Zimbabwe is not a representation that the Services are working or will always work in that manner, as MyTutor Zimbabwe is continuously updating the Services, and these updates may not always be reflected in the Terms of Use.

Proprietary Rights

The Services are owned and operated by MyTutor Zimbabwe. Unless otherwise explicitly specified by MyTutor Zimbabwe , all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic and citation information, citation guides and icons as well as the selection, assembly and arrangement thereof and the “look and feel” of the Services (collectively, “MyTutor Zimbabwe Content”), are owned, controlled, or licensed by My-Tutor. The MyTutor Zimbabwe Content is protected from unauthorised use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. All rights in other publications included in the Services are reserved by the copyright owners of such materials. Portions of the bibliographic and citation content included in the Services are supplied by third-parties. Any unauthorised use of MyTutor Zimbabwe Content is prohibited. Any unauthorised use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.

 Your License to Use MyTutor Zimbabwe Content

Subject to your compliance with these Terms of Use, MyTutor Zimbabwe grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to view the MyTutor Zimbabwe Content. You may only use the Services for your own personal use. You agree not to view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the MyTutor Zimbabwe Content (except as may be a result of standard search engine or Internet browser usage), unless formally authorised by MyTutor Zimbabwe under separate written agreement. No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without My-Tutor’ prior written permission or as expressly provided in these Terms of Use. When you download or use the MyTutor Zimbabwe Content as authorised by these Terms of Use, you must: (a) keep intact any and all copyright and other proprietary notices; (b) make no modifications to the MyTutor Zimbabwe Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, or allow or assist any third-party (whether or not for your benefit) to do so. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any MyTutor Zimbabwe Content, you may not share that subscription or license with others. MyTutor Zimbabwe may impose reasonable limits on your scope of access to MyTutor Zimbabwe Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorised third-party access to or use of that Content.

User Content and Activities

When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline bibliographic and citation information comment, testimonial, feedback, message, image, video, text, profile data or other material (“User Content”) to MyTutor Zimbabwe, any MyTutor Zimbabwe employee or contractor, or the MyTutor Zimbabwe Website, you grant MyTutor Zimbabwe and other entities or individuals authorised by My-Tutor, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.

You further agree that MyTutor Zimbabwe is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorise MyTutor Zimbabwe to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. To the fullest extent permitted by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

MyTutor Zimbabwe is not required to host, display, or distribute, and may remove at any time, any User Content. MyTutor Zimbabwe reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.

It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently.

Acceptable Use Policy

You are solely responsible for the User Content you submit, through or in connection with our Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload or otherwise provide User Content via the Services, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, MyTutor Zimbabwe may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.

Prohibited User Content includes, but is not limited to, material that MyTutor Zimbabwe determines:

• harasses or advocates harassment of another person;
• is blatantly offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
• includes a photograph or video of another person that you have posted without that person’s consent;
• exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
• posts information that poses or creates a privacy or security risk to any person;
• constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;0
• constitutes or promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
• involves commercial activities and/or sales without prior written consent from MyTutor Zimbabwe such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.

Prohibited activities include, but is not limited to:

• unauthorised advertising to, or solicitation of, any user to buy or sell any products or services;
• circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
• activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of or access to a computer or a computer network;
• modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services;
• covering or obscuring the banner advertisements and/or safety features (e.g., reporting abuse) on your personal profile page, or any MyTutor Zimbabwe page via HTML/CSS or any other means;
• any automated use of the Services, such as, but not limited to, using scripts to send messages or posts;
• interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
• displaying an unauthorised commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity using the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorised by My-Tutor, or sending messages with a commercial purpose;
• activity unrelated or disruptive to the Services; or
• using the Services in a manner inconsistent with any applicable law.

Study material

My-Tutor’ study material services are available merely as informational and study aids and should not be considered substitutes for applicable coursework, homework, class and lecture requirements, assignments and related materials. In using the Services, you specifically agree not to use, claim or submit as your own any portion of the materials. MyTutor Zimbabwe does not guarantee the accuracy or quality of answers or other study material that appear on the Services, some of which may be posted by other users. You further agree the Services may present information that is incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided or preferred by publishers of applicable problems or instructors of applicable courses.

Summaries, Notes and educational content

MyTutor Zimbabwe may permit users to upload content for the purpose of aiding others in the education and learning process. Users may not post content owned or created (except if it is in the public domain) by another person and hereby represent and warrant that: (i) each was created by the user and the user is the sole owner of all content posted to Services sites and all rights in such content (except for public domain content), including, without limitation, copyright and (ii) the posting of Content on or through the Services will not breach the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any third-party. Users agree to pay for all royalties, fees, and any other monies owing to any third-party for any content provided by you to the Services. Users of the Services agree to exclude from such content any documents, records or files made accessible to them by (a) your school, professor or other instructor, (b) any board of examination, (c) any author or publisher whose works have been used as part of studies or (d) any co-student.

In creating study related content, students must respect any intellectual property rights that others may have in content. All content posted on the Services must be independently created, transformative and non-derivative. It should not be a transcript or recording of another’s independent efforts, nor should it copy from materials purchased from or created by others. It should go beyond simply summarising material covered in class or in written or recorded materials, but include information raised by students in or outside of class, an independent thought, analysis and commentary. Class notes, for example, must be substantially rewritten after class and include independent thought and analysis, research and information; notes that use a lecturer’s words or that are not carefully reviewed, rethought and rewritten after class are not useful to or appreciated by students, and not permitted on the Services.

Schools may have their own policies that place restrictions on a student’s ability to make commercial use of study materials, even otherwise lawful materials that the student has independently created. You are responsible for becoming familiar with such policies, abiding by them, and discontinuing the use of any Services if such use is contrary to your school policy or the instruction of your professor.

Disclaimer of Warranties

THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD-PARTY SITES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.

 Discount Codes, Coupons, Loyalty Programs & Other Promotions

From time to time, MyTutor Zimbabwe may offer discounts, coupons, loyalty programs, contests or other promotional incentives. These incentives typically have their own specific rules, restrictions and limitations (e.g., limiting when, how often, and under what circumstances you may be eligible for the promotion). You are responsible for carefully reviewing and complying with these applicable rules, restrictions and limitations. You agree not to engage in any self-dealing, collusion, smurfing (defined as breaking large orders or sales transactions into multiple individual transactions for the purpose of obtaining multiple discounts or payments), or otherwise gaming or defrauding the system. By participating in such promotions, you agree to be bound by the applicable rules and restrictions, and that MyTutor Zimbabwe, in its sole discretion, may deny payment or benefits to the fullest extent permitted under applicable law (e.g., when it believes improper activity has occurred or when a code has expired). All promotions may expire at any time without notice to recipients.

Indemnification

You agree to indemnify, defend and hold harmless My-Tutor, 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. MyTutor Zimbabwe 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 MyTutor Zimbabwe in asserting any available defenses.

Privacy Policy

We respect your privacy and will not transfer, rent or sell any contact information to any other party. Your personal information is confidential. We use your information only for providing and improving the Site.

Miscellaneous

Unless otherwise stated in these Terms of Use, if any provision of the Terms of Use is declared invalid, illegal or unenforceable, all remaining provisions continue in full force and effect. The failure of MyTutor Zimbabwe to exercise or enforce any right or provision of the Terms of Use is not a waiver of such right or provision. The section titles of the Terms of Use are for convenience only and have no legal or contractual effect. Non-performance of either party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This “Miscellaneous” section shall survive any expiration or termination of your relationship with My-Tutor.

Changes

MyTutor Zimbabwe may modify the Terms of Use including the linked policies contained herein from time to time (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the MyTutor Zimbabwe Website, and that your use of our Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify), you agree to be bound by the then-current version of the Terms of Use, including any changes we may have made since the last time you used our Services. It is therefore important that you review the Terms of Use regularly to ensure you are aware of any such changes. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Use, and will apply to your use of the Services from that point forward.

Contacting MyTutor Zimbabwe

If you have any questions or concerns regarding the MyTutor Zimbabwe Website or Services, please email us on admin@mytutorzw.com