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Terms of Use

These Terms of Use (TOU) ("Terms") govern your use of the Clascity website and services ("Site") provided by Clascity, Inc. ("Clascity"). Please read these Terms before using or continuing to use the Site. Do not agree to the Terms unless you both fully understand and accept each one. By using or continuing to use the Site, you represent and warrant that you agree to be bound by all terms and conditions contained in this document.

THE SITE IS COMPRISED OF AN ONLINE PLATFORM THROUGH WHICH TUTORS MAY CREATE PROFILES IN ORDER TO OFFER TUTORING SERVICES TO USERS.  YOU UNDERSTAND AND AGREE THAT CLASCITY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN STUDENTS AND TUTORS.

Acceptance of TOU

The Site offers a platform for the Students and Parents seeking tutoring services and to Tutors seeking to provide tutoring services, and to any other entity on whose behalf users accept these Terms. The term "you" or "You" or "User" or "Users" shall refer to Students and/or Parents and/or Tutors who access this Site, Tutors or any person or entity, who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between Clascity and they govern the relationship between you and us. In the event the Terms conflict with any other document / policy / content on our Site, the Terms will prevail over them, for the purposes of usage of the Site. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect. If you do not agree to be bound by these Terms and Privacy Policy, do not use the Site.

The terms & conditions set out in this Site may be altered / amended from time to time depending on the policies of Clascity and the prevailing market conditions. We request that you read understand, and review them as necessary, as it may not be possible for us to intimate you on every change that occurs in these terms & conditions.

User Eligibility

The Site is provided by Clascity and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Website.

Service Overview

The Services offer an online platform with related technology for those seeking tutoring services to connect with those seeking to provide tutoring services, meet online and arrange for enrolment of courses directly with each other. The Tutors hired by the Students/ Parents control the methods, materials and all aspects of the classes independently and Clascity has no interference on the same. Clascity is not a provider of Services, including, but not limited to, conducting of classes and Clascity does not own, sell, resell, manage and/or control Courses or Services by the Teachers. Unless explicitly specified otherwise in the Clascity platform, Clascity’s responsibilities are limited to facilitating the availability of the Site, Application and Services. You may view the listings as an unregistered visitor to the Site, Application and Services; however, if you wish to sign up for a class or wish to select a package of classes with a tutor of Clascity or create listings as a tutor, you must first register to create a Clascity Account.

Students and Parents are responsible for selecting the right tutor for their needs. While hiring, Students and Parents should review and examine each tutor's self-reported credentials, education, and experience, as well as reviews from other students. In case a student is minor or differently abled, the tutoring sessions should be supervised by a responsible adult preferably a family member/parent/guardian of such a student.

Your Conduct and Communication

You undertake and agree to use the Site and/or the Services only for purpose that are consistent with the academic honesty policy of your school, university or academic institution, and/or with all and any conduct policies they may have.

You may only use the Site and/or Services to find tutoring services or tutoring sessions for yourself. You may not assign or otherwise transfer your account to any other person or entity.

You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and Services. You represent and warrant to Clascity that you have the right and authority to provide all information you provide about yourself. You agree, represent and warrant to Clascity that you have the right, and hereby grant to Clascity, its licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute all and any information and content you provide, and to prepare derivative works of, or incorporate into other works, such information and content.

Clascity does not guarantee the accuracy, completeness or usefulness of any information on the Site nor is Clascity responsible for any claims relating to inaccurate, untimely or incomplete information provided by Users.

By using the Site or Services, you agree that you shall never, in any way:

  • Use the Site or Services, or any information contained therein in any way that is unlawful, abusive, threatening or otherwise offending;
  • Provide false, outdated or inaccurate information;
  • Re-register with Clascity, or attempt to re-register, in case Clascity have terminated your account or in order to avoid a User’s review;
  • Use another user’s Clascity account;
  • Use the Site and/or Services for any commercial solicitation purposes;
  • Interfere or attempt to interfere in any way with the functioning of Clascity’ Services;
  • Bypass any measures Clascity take to restrict access to the Site and/or Services or use any software, technology, or device to abuse the Services or harvest data from the Site.

Clascity reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services if you violate any terms stated herein. Furthermore, Clascity reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site, as a preventive protection measure or in reaction to a threat.

Pricing & Refunds

You understand and agree to abide by Clascity’s tutor and student payment policies. You agree that you are willing to pay all costs associated with the services through Clascity.

The fee payable by a Student to a Tutor for a Lesson will be as set out on the Clascity’s profile page on our Website and be confirmed at the time of confirming a Booking.

Prices include any applicable VAT or other sales tax, unless otherwise stated.

Students authorise us to charge their credit/debit card after the scheduled end time of each Lesson.

Clascity may at its sole discretion revise or change the pricing and connect rates without any prior notification. Refunds will be made at the sole discretion of Clascity.

Third party reports

Clascity may use third parties that perform, in addition to other things, criminal personal investigations, wrongdoer registry checks, vehicle records checks, credit checks, and recognizable proof confirmations ("buyer reports"). Clascity does not embrace or make any portrayals or guarantees with respect to the dependability of such purchaser reports or the precision, convenience or fulfillment of any data in the consumer reports. Clascity does not autonomously check data in the consumer reports.

You hereby agree to Clascity collecting, using and revealing the data in the customer reports. You comprehend and agree that Clascity may, in its sole discretion, audit and depend on the data in the customer reports in choosing whether to suspend or end a User or to examine a protest about a User, however that Clascity might not be capable or at risk at all if any data in the consumer reports about any individual, including without confinement any User, is not precise, convenient or finish. Clients who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Clascity claims all authority to suspend as well as end User in light of data in the consumer reports or for some other reason in Clascity’s sole discretion

Confidentiality of Clascity Information

As used in these Terms, “Confidential Information” means all information disclosed by You to Clascity or by Clascity to You which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including, but not limited to information relating to Clascity’s security policies and procedures. As between the parties to these Terms, these Terms and other information about the Services shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms or another valid agreement between the Parties; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.

Content Submitted to the Site

Clascity does not claim ownership of User Content that you place within the Service or the Site. Unless otherwise stated herein, any User Content that You provide for publication on the Site or Application (e.g., user reviews) or directly to Clascity personnel, as in the case of tutor reviews or testimonials, through email, SMS or other channel of communication shall be deemed to be provided on a non-confidential basis. Clascity shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant Clascity an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Clascity, its affiliates, and third-party providers of any information that you may provide on the Site.

Content within our Services

All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of Clascity or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from Clascity.

You must not:
  • Republish material from our website without prior written consent.
  • Sell or rent material from our website.
  • Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
  • Redistribute any content from our website, including onto another website.

Term

This Agreement will remain in full force and effect while you use our Services and/or are a Member. You may terminate your membership at any time, for any reason. We may terminate your membership and/or subscription at any time through notice to your email address on file. If we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in our sole discretion.

Terms of Transacting Business

You understand and agree to abide by Clascity's tutor and student payment policies. You agree that you are willing to pay all costs associated with the services through Clascity. These costs include but are not limited to: (a) a tutor's fees as listed; (b) travel and transportation fees; (c) cancellation fees as described in a tutor's cancellation policy, which can be found in the knowledge centre on the Site; and (d) the commission arrangement between the Tutor and Clascity.

No Non-Permitted Use by Members

Use of our Services is only with our permission, which may be revoked at any time, for any reason, in our sole discretion. Illegal and/or unauthorized uses of our Services may be referred for criminal prosecution.

Password and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Clascity of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Clascity will not be liable for any loss or damage arising from your failure to comply with this Section.

No Endorsement

Clascity does not endorse any User and you are responsible for determining and confirming the identity and suitability of the Users interacted with as a result of your use, or use by any third party, of the Site and Services. We are not your agent or the agent of any User. To the fullest extent permitted by applicable law, you agree that we will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or Users. By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree to the fullest extent permitted by applicable law, that (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Tutors, Users, or other third parties will be limited to a claim against the particular Tutor, User or the third parties who caused you, or such third party, harm; and (ii) you will not to attempt to impose liability on, or seek any legal remedy from Clascity with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services.

Member Interactions and our Limitation of Liability

YOU UNDERSTAND FULLY AND AGREE THAT YOU, THE USER, ASSUMES ALL RISK INVOLVED IN USING THE SITE. INCLUDING ANY INTERACTION WITH OTHER USERS WITHIN AND OUTSIDE OF THE SITE PLATFORM. YOU AGREE TO TAKE ALL PRECAUTIONS AND PRACTICE CAREFUL DECISION MAKING PRIOR TO INTERACTION WITH ANOTHER USER. YOU AGREE TO FOLLOW THE SAFETY GUIDELINES.

USERS AND TUTORS ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH OTHER USERS AND TUTORS. USER UNDERSTANDS THAT CLASCITY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS OR TUTORS. CLASCITY DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR TUTORS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS OR TUTORS. CLASCITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR TUTORS OR A TUTORS’ TUTORING ABILITY, EDUCATIONAL CREDENTIALS, EXPERIENCE, PROFESSIONAL EXPERIENCE OR OTHERWISE WITH ANY CURRENT OR FUTURE USERS. CLASCITY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

YOU AGREE TO TAKE ALL POSSIBLE PRECAUTIONS IN ALL CONVERSATION WITH OTHER MEMBERS.WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE EXPERIENCE WITH OTHER MEMBERS YOU MEET THROUGH OUR SERVICES. YOU ARE DOING SO AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES SHALL CLASCITY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CLASCITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CLASCITY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLASCITY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CLASCITY MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. CLASCITY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, SERVICES, ACTIONS OR INACTIONS OF ANY USER, INCLUDING TUTORS, OF ANY THIRD PARTY; AND CLASCITY WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of Users, Tutors, and/or third parties in connection with the Site or any Services to CLASCITY. CLASCITY, in its sole discretion, may investigate the claim and take necessary action.

Assumption of risk

You agree and accept that all risks when using the website, related to online or offline interactions with other users, you need to take all necessary steps to prevent.

User Disputes

If there is a dispute between Users on the Services, or between Users and any third party, you agree that Clascity is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release Clascity, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Customer Service

Assistance and guidance may be provided through our customer care representatives. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. We reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees if we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive.

Modification to the Service

From time to time and without prior notice to you, we may change, modify, expand and improve the Site and Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service or portions of the Site. Any modification or elimination of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to You, and your use of the Site and Service do not entitle You to the continued provision or availability of the Site and Service.

Copyright Infringement Notices

We respect the intellectual property of others., If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
  • Identification of the copyrighted work(s) that you claim has been infringed;
  • A description of the material that you claim is infringing and the location of that material on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Designated Agent for notice for claims of copyright infringement is:
Name /Post: Clascity Support Department
Address: #115-2242 Kingsway, Vancouver, BC V5N5X6, Canada
Email: support@clascity.com

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING Clascity THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE.

Privacy and Communications

Please read our Privacy Policy. The Privacy Policy explains what information Clascity may collect from you on our website and how we will use and protect your information. We do not collect any personally identifiable information on our website unless you provide it to us.

Third Party Links

The Service may give You access to links to third-party websites, which may include one or more third party verification services that enable You to inquire about information including but not limited to another Service user’s identity and criminal history. We provide such third party links to help you find potentially relevant resources, but we do not endorse any of these third party sites or services and we do not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site.

Arbitration

Any controversy or claim arising out of or relating to these TOU or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the British Columbia International Commercial Arbitrary Centre (BCICAC). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in British Columbia, Canada, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and Clascity agree to submit to the personal jurisdiction of the courts located within the city and country of Vancouver, Canada. Either you or Clascity may seek any interim or preliminary relief from a court of competent jurisdiction in British Columbia, Canada, necessary to protect the rights or property of you or Clascity (or its agents) following completion of arbitration.

Injunction

You agree that any material breach of the Terms will result in irreparable harm to Clascity for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Clascity will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Clascity seeks such an injunction.

Indemnity and Release

You agree to indemnify and hold Clascity and its affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Clascity by any third party due to or arising out of or in connection with any breach by you of these Terms of Use, your violation of any third party right and your use of and access to the Website or any element or component thereof.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the Website.

Commercial Release

By using the Service, you hereby authorize us and our agents, successors and assigns to photograph and/or videotape and/or record you and/or your voice(s) without restriction and to utilize such photographs/videos and/or voice transcriptions or recording for any commercial purpose, including, but not limited to, the promotion and marketing of our Services, without further compensation whatsoever of any kind as a result of such use.

Taxes

You acknowledge and agree that you are solely responsible for determining your own tax reporting requirements and any liability for taxes on income received or any other similar taxes, which relate to your receipt of any compensation (including Tutor Payments) from Clascity , and that you will report to all government agencies having jurisdiction all income received by you for services performed in connection with these Clascity TOU including , the Services, or the Site. We cannot and do not offer tax advice to any Tutors. Furthermore, you agree to indemnify and save Clascity harmless from and against any and all claims, charges, penalties or demands relating to the payment of Taxes, which may be made against you by any government agency having jurisdiction (including, without limitation, the Canada Revenue Agency or the Internal Revenue Service, HM Revenue and Customs, and any other governmental tax agency in the EU), requiring the payment of Taxes with respect to income received by you and in respect of any and all claims, charges, penalties or demands, which may be made on behalf of or related to any employment insurance or public pension or social security programs pursuant to applicable law, with respect to any amount which may, in the future, be found to be payable by you or on your behalf.

Entire Agreement

These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Clascity or third-party products or services.

Applicable Laws

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Canada without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of British Columbia, Canada in respect of any disputes arising in connection with the Site, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

Violations

Please report any violations of these TOU by email to support@clascity.com

Contact

If you have questions or comments about these TOU, please email us at support@clascity.com or contact us at:

#115-2242 Kingsway, Vancouver, BC V5N5X6, Canada