Terms & Conditions
- General Terms
- Notices; modification and termination of services; amendment of terms
- Non Commercial Use by Members & Intellectual Property rights
- Content on WeSmartly
- Content posted by you on the Website
- Meeting people off the Website
- Disputes between Members
- Disclaimer of Liability
- Limitation on Liability
- Indemnify by you
- Your password
- Governing law
- BEST PRACTICES
- For tutors
- For students or parents
- Online course vendors
- Vendor´s Obligations
- License to WeSmartly
- Co-Instructors and Teaching Assistants
- Relationship to Other Users
- Marketing Campaigns
- Price Setting
- Revenue Share and Payments
- Receiving Payments
- Transaction Taxes
WeSmartly is an online platform that connects students with teachers, companies, online course providers, academies and institutions through advertisements in which teachers or institutions offer their classes in different disciplines and students can choose which class to take and with which teacher or institution (the "Service").
Registration of the WeSmartly platform by users is free. WeSmartly reserves the right to apply a fee to users who wish to use its premium package or services above and beyond the free registration.. For the purposes of these terms and conditions the general term "Users" refers to all those people who access the site and accept the terms and conditions. Specifically among the users are students, teachers, companies, online course vendors and institutions, terms that for the sole purpose of illustration are defined as:
(i) "Students", those Users who seek to learn or reinforce a particular knowledge
(ii) "Private Tutors", those Users who seek to teach, by means of private lessons, about some knowledge that they have attributed to themselves as suitable for the task. Also "subject(s)" means any activity subject to learning offered by Private Tutors in WeSmartly.
(ii) "Companies", those registered and active businesses looking for corporate training and or in-house part/full time trainer.
(ii) "Online Course Vendors", those companies or individuals who provide an online platform to sell , and or resell , their training courses.
Finally, "Institution or Institute" means entities dedicated to teaching and education at any level. It is expressly understood that it is not necessary for the student to have regular schooling of any kind or to attend school or any other educational center. For their part, teachers are not required to have a university degree. Therefore, the Private Tutors may not have a degree.
If you make effective use of the Service, the conditions of use of WeSmartly will be accepted. In this case, you acknowledge that we – Digital Momentum 360 Ltd. - consider the use of our Service or the navigation of our page as recognition and acceptance of the terms and conditions of use.
You must be eighteen (18) years of age or over to register as a Member of WeSmartly or to use the service of the Website. All Members must have correct legal status to reside and/or Tax code to gain income in the country of residence.
If you are below age of 18, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Site or Services
2. Scope of Service
The Service of WeSmartly enables students to find and contact prospective private/freelance tutors, and enables private/freelance tutors to be contacted by prospective learners.
WeSmartly is not your agent to find you teachers, prospective learners or job and is not obligated to successfully find them. WeSmartly is only an online venue for language teachers and learners.
You are responsible for your acts and omissions. Site is only a venue to connect Students with private Tutors, Online course vendors, academies and companies, in the event that you have any dispute with other user, you release WeSmartly (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. As independent contractors hired by Students, private Tutors, Online course vendors, academies and companies control the methods, materials and all aspects of the lessons.
We only support by providing in one platform the Private Tutors, Online course vendors, academies and companies for decisions and learning choices that you make. These decisions and choices are yours. We cannot make decisions for you. On our Site you can ask and find informational questions and related educational answers by Private Tutors, Online course vendors, academies and companies. Students are responsible for selecting the right Private Tutors, Online course vendors, academies and companies for their needs. In making hiring decisions, Students should review and investigate each their self-reported credentials, education, and experience, as well as reviews from other students. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
WeSmartly reserves the right to withdraw or modify aspects of the WeSmartly service, or the entirety of it, when and where we have legal or commercial reasons to do so. There may also be times when the WeSmartly service becomes inaccessible as a result of technical difficulties experienced by WeSmartly or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
3. Membership and registration fees
You may become a Member of the Service at no cost. To become a Member, you must register for the Service. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Website. In order to access additional features and services, including the ability to communicate with other Members, (especially private tutors and academies) you must pay the registration fees that are set out in our price list. This price list is part of the Agreement. WeSmartly may change any fees or charges for using the Service.
4. Advertisements and promotions
WeSmartly may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than WeSmartly found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. WeSmartly is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-WeSmartly advertisers on the Site.
You agree that WeSmartly is not responsible or liable for any content, advertising, products or other service available from such linked websites.
6. Text message & PUSH notifications
We send various text message and PUSH notifications for new student messages, new message reminders, job opportunities and more ("Text Message Program"). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.
Your mobile phone carrier’s standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.
7. Term and Termination
This Agreement will remain in full force and effect while you use the Website or are a Member of the Service. You may terminate your membership at any time, for any reason. We may terminate your membership and your access to the Service at any time because you have breached this Agreement and will send you notice of termination at the email address you provide in your application for membership. If WeSmartly terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused membership fees. All decisions regarding the termination of accounts shall be made in the sole discretion of WeSmartly.
WeSmartly may deactivate or delete the accounts of members who have not logged-in the Website for a period of three months or more unless you have a valid paid membership period.
WeSmartly reserves all rights to remove anything objectionable to WeSmartly at its sole discretion. Alleged irregularities by any user can be reported to WeSmartly by email to email@example.com
Notices; modification and termination of services; amendment of terms
WeSmartly may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. WeSmartly reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. WeSmartly may also delete, or bar access to or use of, all related information and files. WeSmartly will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. WeSmartly may amend these Terms at any time by posting the amended terms on this Site.
Non Commercial Use by Members & Intellectual Property rights
The Website is for the personal use of individual members only and may not be used in connection with any unrelated commercial endeavours. Organizations, companies, and/or businesses may not become members and should not use the Service or the Website for any purpose. Members may not use the Website to distribute or advertise commercial activities of other parties. Members may not solicit viewers and visitors of WeSmartly to join outside sites or online services or any business organizations.
Except as expressly authorized by WeSmartly or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software WeSmartly discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
"WeSmartly Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations WeSmartly uses in connection with its products and services. You may not remove or alter any WeSmartly Trademarks, or co-brand your own products or material with WeSmartly Trademarks, without WeSmartly's prior written consent. You acknowledge WeSmartly's rights in WeSmartly Trademarks and agree that any use of WeSmartly Trademarks by you shall inure to WeSmartly's sole benefit. You agree not to incorporate any WeSmartly Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with a computer or Internet-related products, services or technologies.
Content on WeSmartly
(a) Proprietary Rights. WeSmartly owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other intellectual property and proprietary information of WeSmartly. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, reproduce, license, create derivative works from, transfer display, or sell or re-sell any such intellectual property or proprietary information.
(b) Reliance on Content. WeSmartly does not (i) guarantee the accuracy, completeness of any information on the Service, or (ii) adopt, endorse or accept responsibility or the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will WeSmartly be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
Content posted by you on the Website
(a) You are solely responsible for the Content that you publish, submit post or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that impersonates, infringes or violates another party's rights (including, but not limited to , intellectual property rights, and rights of privacy and publicity). You represent and warrant that at any time of posting the Content is accurate and not harmful to any person in any way.
You acknowledge and agree that by submitting the Submitted Content to us, you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submitted Content throughout the world in any media, now known or hereafter created without attribution, (ii) grant us the right to pursue at law any person or entity that violates Your and/or our rights in Your Submitted Content, and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submitted Content, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submitted Content or any derivative thereof. You further acknowledge and agree that Your Submitted Content is non-confidential and do not contain proprietary information.
With respect to Submitted Content, you acknowledge, warrant and agree that:
a) If Submitted Content concern Private Tutor, Online Course Vendor, Company and Academy, Submitted Content will be true and accurate, only concern or relate to the care or service that You, Your minor child or Your ward received from the Private Tutor, Online Course Vendor, Company and Academy being reviewed, that You are not related to or employed by the Private Tutors, Online Course Vendors, Companies and Academies being reviewed and that You are not impersonating any other person;
b) If You are a Private Tutor, Online Course Vendor, Company and Academy submitting or editing any Submitted Content, Your Submitted Content will be true and accurate, You are the Private Tutor, Online Course Vendor, Company and Academy specifically identified in the Content being submitted or edited, and Your Submissions will only concern You and the services that You provide.
If You are a person authorized by Private Tutors, Online Course Vendors, Companies and Academies to submit or edit Submitted Content specifically related to that Private Tutors, Online Course Vendors, Companies and Academies, Submitted Content will be true and accurate, You are authorized by the Private Tutors, Online Course Vendors, Companies and Academies identified in the Submitted Content or edited to make such edits and Submitted Content will only concern that Private Tutors, Online Course Vendors, Companies and Academies and the services provided by that Private Tutors, Online Course Vendors, Companies and Academies.
You have the right to make Submitted Content without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and Submitted Content will not contain any content, personally identifiable information (other than the name of the Private Tutors, Online Course Vendors, Companies and Academies being reviewed), information, or materials of any kind that relates or refers to any other person or entity other than the person or entity being reviewed;
You are permitted to post only one Submitted Content regarding the same Private Tutors, Online Course Vendors, Companies and Academies, entity, procedure or subject during any thirty-day period.
We reserve the right to publish your Submitted Content as part of the Service and to also to remove your Submitted Content for any reason. We are not, however, responsible for any failure or delay in removing Submitted Content.
We do not provide the Submitted Content on the Site. It is users of the Site provide Content on the Site. The Private Tutors, Online Course Vendors, Companies and Academies determine which questions to answer; they are not employees or agents of WeSmartly but are independent service providers using the Site to provide their expert knowledge to users of Site.
We are not involved in any conversations between users and does not refer you to or endorse or recommend particular Private Tutors, Online Course Vendors, Companies and Academies. You understand and acknowledge that we cannot and do not edit, modify, filter, screen, monitor, endorse or guarantee the content on Site. We shall not be liable for any acts or omissions of Private Tutors, Online Course Vendors, Companies and Academies, Content, the ability of Private Tutors, Online Course Vendors, Companies and Academies to answer questions or the ability of Students to pay for tuitions. We do not ensure that users will complete a transaction.
You understand and agree that WeSmartly may review and delete any content, messages, photos or profiles (collectively, "Content") that in the reasonable judgment of WeSmartly violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members.
You hereby authorize WeSmartly to verify the above representations and warranties by you and you acknowledge and agree that WeSmartly shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that WeSmartly may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
Meeting people off the Website
Members are obligated to treat each other with respect. It is also a violation of these rules to harass, abuse, harm or stalk other Members. If such activities or attitudes are reported by any Members to us, WeSmartly reserves the right to investigate and terminate your membership.
You are solely responsible for your lesson and your children's (under eighteen years old) lesson or meeting with other Members. You understand that WeSmartly does not in any way screen any Members, nor does WeSmartly inquire into the backgrounds of any Member's posted information or verify its statements are correct. If you are organising a lesson for your children (under eighteen years old) with a Member, you should be present at lessons. WeSmartly makes no representations or warranties as to the conduct of its Members you meet though the Website. In no event shall WeSmartly be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline.
Disputes between Members
You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You are solely responsible for your interactions with other Members. WeSmartly reserves the right, but has no obligation, to monitor disputes between you and other Members.
You may obtain direct access via the Site to certain confidential information of WeSmartly and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with WeSmartly and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from WeSmartly, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to WeSmartly adequate to afford WeSmartly the opportunity to object to the disclosure.
Disclaimer of Liability
WeSmartly provides the Service on an "AS IS" basis and grants no warranties of any kind, expressed, implied, statutory, in any communication with our representatives, or us or otherwise with respect to the Service. We specifically disclaim any implied warranties of merchant ability, fitness for a particular purpose, or non-infringement. WeSmartly does not warrant that your use of the Service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. We disclaim liability for, and no warranty is made with respect to, connectivity and availability.
WeSmartly cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also it is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. WeSmartly is not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to others. WeSmartly disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or "hackers") of the Service.
Limitation on Liability
Users of the site transact between themselves. Wesmartly will not be involved in any user interactions. Wesmartly is not responsible for disputes, claims, loss, injury, or damage of any kind that might arise during and after user interaction.
WeSmartly will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation) any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort in connection with the Service or this Website in any way or in connection with the use, inability to use or the results of use of this Website.
WeSmartly.com offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. You understand and agree that Wesmartly has no control over the acts or omissions of any user and that Wesmartly makes no representations or warranties about the quality of the services provided by any user. You understand and agree that Wesmartly is not responsible for the performance or conduct, whether online or offline, of any user of the site. As such, Wesmartly expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the site.
You understand and agree that Wesmartly has no control over the acts or omissions of any user on or off the site and that Wesmartly makes no representations or warranties about the quality of the services provided by any user. You understand and agree that Wesmartly is not responsible for the performance or conduct, whether on or off the site, of any user. as such, Wesmartly expressly disclaims, and each user expressly releases Wesmartly from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the site, including without limitation any acts and/or omissions of users on or off the site.
To the full extent permitted by law, Wesmartly is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the site, even if Wesmartly has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the site; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the site; (c) statements or conduct of any third party on the site, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information users may download, use, modify, or distribute. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. in no event shall Wesmartly's total liability to you for all damages, losses and causes of action, whether in contract (including but not limited to, negligence) or otherwise, exceed (a) the amount paid by you to Wesmartly or a Wesmartly partner, if any, or (b) 10,000€ (whichever is less).
Indemnify by you
You agree to indemnify and hold WeSmartly, its subsidiaries, affiliates, licensers, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including attorney's fee, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
In the event that a claim or action is brought against us from your activities or use of the Website or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.
You are responsible for maintaining the confidentiality of your password that you designate during the registration process, and you are fully responsible for all activities that occur under your password. WeSmartly reserves the right to disable any user identification code or password.
If there is any dispute arising out of the Website and/or the Service, you agree that any such dispute shall be governed by laws the Republic of Ireland.
Private Tutors and Academies warrant that he/she is, at least, eighteen years of age, and has the lawfully necessary educational qualifications and/or experience to provide tuition in the subject/s specified by the Tutor on the Site.
Private Tutors and Academies agree and understands that he/she is not an employee of WeSmartly and accepts full responsibility for all Income Tax and other amounts payable in relation to any fees generated from a tuition contract with Student or Parent through the Site. We do not issue any working experience certificate to our registered members.
Private Tutors and Academies understand and accept that details entered by them on the Site will be publicly visible and may appear in search engines (Google, Yahoo, Bing etc.) results.
Private Tutors and Academies accept full responsibility for all information published by him/her or it on the Site and shall indemnify WeSmartly in relation to any liability incurred by them as a result of any such information.
Private Tutors and Academies undertake to register for the WeSmartly service, always providing and using accurate and current information about him/her - including name, address, telephone number/s, qualifications, tutoring experiences and any other details requested by WeSmartly.
Private Tutors and Academies will not include personal email, contact numbers etc. in the form fields like Tutoring Experience, Teaching Style, other topics. Adding contact details except in specific fields is not acceptable under any condition. If Tutor violates this condition, WeSmartly may in its discretion suspend or terminate account of such Private Tutors and Academies.
Private Tutors and Academies are bound to show proof or disclose their qualification details to the reasonable satisfaction of the student or parent party before entering into a tuition engagement and also if and as requested by them, later.
WeSmartly does not guarantee to secure Private Tutors and Academies for a Student or ascertain any tuition fees on behalf of any tutor or student. We do not provide any guarantee of the number of total enquiries/business which Private Tutors and Academies will receive during their subscription period.
WeSmartly is not responsible if you are unable to convert tuition enquiries into work, through connects facility. Please check total number of views before you apply for any tuition. The more the number of views, the lesser the chances of getting responses from students. Connect facility generates maximum effectiveness if you respond to the enquiry on the day it has been posted. However, we would not be accountable for any inconvenience caused.
WeSmartly is not responsible if a student’s mobile is switched off when you call, or if students/parents do not respond to your queries. No connects will be refunded in such cases.
All tuitions posted in our site are verified to the best of our knowledge. If the student or parent does not disclose any information beforehand, WeSmartly will not be responsible for the same.
Private Tutors and Academies will accept full responsibility for the hourly rates or prices quoted by them for their services and presented in the exact detail on the Site.
Students, Private Tutors, Online Course Vendors, Companies and Academies can ask to verify each other’s addresses and residential details before making any direct payments between themselves. WeSmartly will not take any responsibility for any sort of direct payments between the two parties.
Tutor shall indemnify WeSmartly from all claims, liabilities, costs and expenses (actual or consequential) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of any use by the Private Tutor, Online Course Vendor, Company and Academy of the Site.
Private Tutors, Online Course Vendors and Academies hereby acknowledge that WeSmartly is not liable to the Private Tutors, Online Course Vendors and Academy for reimbursement of any fees decided upon as a result of these Terms in the event of any cancellation of any Contract or Tuition for any reason.
In responding to feedback of Students posted on the Site a Private Tutor, Online Course Vendor and Academy shall not, in any way, show disrespect towards a Student or his family.
WeSmartly shall not be responsible for any other kind of monetary transaction/s between Private Tutors and Academies and students or their parents.
We are not involved in any kind of interactions that takes place between the Private Tutors and Academies and students, and hence is not liable for any dispute or disagreement or misinterpretations or arguments arising between the parents / students and the Private Tutors and Academies. The parents/students and the Private Tutors and Academies are however free to take feedback and suggestions from us to solve the issue amicably.
For all commitments/representations of Private Tutors and Academies to Student other than those which are mentioned on Site Private Tutors and Academies alone would be liable and responsible towards Student, and shall also keep us indemnified and harmless against all such claims/disputes.
Private Tutors and Academies are expected to conduct themselves in a teacher / coach like manner which is generally prevalent and acceptable in a teacher and student like relationship.
All student information and contact details provided on WeSmartly are for your personal use only and not be used for any other purposes in which you are not directly involved. You cannot sell or forward any student data to other Private Tutors and Academies or Companies. If any Private Tutor, Academy or Company is found to be engaged in such activities, WeSmartly reserves the right to terminate their membership with immediate effect without refunding any amount, if paid.
FOR STUDENTS OR PARENTS
A student or parent undertakes to register for the WeSmartly service, always using accurate and current information about himself/herself - including name, email address, mobile number etc.
During posting or tuition requirement students should enter as much details as possible for better responses from Private Tutors, Online Course Vendors, Companies and Academies.
Please note that any tuition requirement posted will be shared with our registered and premium list of Private Tutors and Academies and they may call your number to discuss about your tuition requirement. Students or Parents should check tuition profile privacy settings properly to avoid unwanted calls on their mobiles from prospective tutors and tuition centres.
Students, Private Tutors and Academies can ask to verify each other's addresses and residential details before making any direct payments between themselves.
Students or Parents are requested not to make a huge advance payment if you do not know the Private Tutor and Academy properly or do not have complete proof of his/her current/permanent contact details.
Students or parents should understand that tutors are not our employees and we cannot take responsibility for verifying their backgrounds and behaviors. WeSmartly is just an online marketplace where Private Tutors, Online Course Vendors and Academies can advertise their services.
No Private Tutor, Online Course Vendor and Academy can guarantee good grades; therefore, grade you get cannot be a reason for student to come back at a later time and demand refund for services.
Student/parent should use caution, good judgment and proper language when leaving a Review for a Private Tutor and Academy. What you post will be a permanent part of that Private Tutors and Academy´s record. Please restrict your review to a Private Tutors and Academy teaching-related skills (communication skills, knowledge, patience, clarity etc.)
We are not involved in any kind of interactions that takes place between the Private Tutors and Academies and students, and hence is not liable for any dispute or disagreement or misinterpretations or arguments arising between the parents / students and the Private Tutors and Academies. The parents / students and the Private Tutors and Academies are however free to take feedback and suggestions from us to solve the issue amicably.
Student is expected to conduct himself in a Student like manner which is generally expected and regarded as ideal Student behaviour prevalent in education stream.
WeSmartly would not be liable to offer any compensation or damages of any nature to Student if WeSmartly deactivates a Private Tutor and Academy account or if Private Tutor and Academy discontinues /chooses to not extended tutor sessions.
Students should take enough care and make an intuitive decision before taking up an assignment to avoid any kind of repercussions. WeSmartly would not be responsible and liable for any such unforeseen and unfortunate event including but not limited to bodily injury, sexual or mental harassment of any nature, if any.
ONLINE COURSE VENDORS
As a vendor, you are contracting directly with WeSmartly, regardless of whether another WeSmartly subsidiary facilitates payments to you.
As vendor of online courses, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements ("Submitted Content").
You represent and warrant that:
you will provide and maintain accurate account information;
your Submitted Content will not infringe or misappropriate any third party's intellectual property rights;
you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
you will respond promptly to students and ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
You warrant that you will not:
post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
use the Services for business other than providing tutoring, teaching, and instructional services to students;
engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
impersonate another person or gain unauthorized access to another person's account;
interfere with or otherwise prevent other instructors from providing their services or courses; or
abuse WeSmartly resources, including support services.
License to WeSmartly
Unless otherwise agreed (including within our Promotions Policy), you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, WeSmartly's right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content's removal. However, (1) rights given to students before the Submitted Content's removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) WeSmartly's right to use such Submitted Content for marketing purposes shall survive termination.
We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant WeSmartly permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or WeSmartly's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
Co-Instructors and Teaching Assistants
The WeSmartly platform allows you to add other users as co-instructors or teaching assistants for courses that you manage. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your WeSmartly account and courses. WeSmartly is not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your Course Management settings as of the date of the purchase.
Relationship to Other Users
Online Course vendors don't have a direct contractual relationship with students, so the only information you'll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the WeSmartly platform, and that you won't solicit additional personal data or store students' personal data outside the WeSmartly platform. You will indemnify WeSmartly against any claims arising from your use of students' personal data.
WeSmartly does not review all Content posted on the Service, although we use available technology to filter it or process the screen to locate certain illegal content (such as child pornography) and other types of offensive content or behavior (for example, usage patterns that give away "spam" or hunting for passwords or identities).
We may enter or publish user or browser information within the Service (a) when required by law (for example, if we are asked for a subpoena or search warrant); (b) to assist you with customer service; or (c) if we believe or think it necessary to protect the rights, property or safety of WeSmartly, our users or the public.
We may search for illegal content within your own Content.
WeSmartly offers several optional marketing campaigns in which you can choose to participate, as detailed in our Promotions Policy. These programs can help increase your revenue potential on WeSmartly by finding the optimal price point for your courses and promoting them through additional marketing channels.
There is no up-front cost to participate in these programs, and you can modify your participation status at any time, though changes you make will not apply to currently active campaigns.
When creating a course, you will be prompted to select a base price ("Base Price") for your course. Alternatively, you may choose to offer your course for free.
WeSmartly, will list your course for the Base Price or the closest local or mobile app equivalent (as detailed below).
You give us permission to share your courses for free with our employees, with selected partners, and in cases where we need to restore access accounts who have previously purchased your courses. You understand that you will not receive compensation in these cases.
Revenue Share and Payments
When a student purchases your course, we calculate the gross amount of the sale as the amount actually received by WeSmartly from the student ("Gross Amount"). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile application sales, a 3% administrative and handling fee for any non-mobile-app sales, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale ("Net Amount").
The revenue share with WeSmartly will be 75% (for the Vendor) and 25% (for WeSmartly ) of the Net Amount less any applicable deductions, such as student refunds. If we change this payment rate, we will provide you 30 days’ notice using prominent means, such as via email or by posting a notice through our Services.
WeSmartly wil give the vendor the opportunity to offer promotional offers to the students. Either the vendor opts into it or not, the same revenue share applies.
WeSmartly makes all instructor payments in EUR regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in EUR).
WeSmartly collects the class fees through Stripe Payments and (as shown below) then forwards them to the teacher through PayPal or any payment system available to WeSmartly.
For us to pay you in a timely manner, you must have added your payment details/options once you registered as a vendor. You must also provide any identifying information or tax documentation (such as Proof of identity, VAT number, company registration number) necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.
If your account has been verified and students have bought your courses, payment will be made within 45 days of the end of the month in which we receive the fee for a course.
As an online course vendor, you are responsible for determining whether you are eligible to be paid by WeSmartly and we reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
If we cannot settle funds into your payment account after the period of time set forth by your country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.
If a student purchases a product or service in a country that requires WeSmartly to remit national or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes ("Transaction Taxes"), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due. For purchases through mobile applications, applicable Transaction Taxes are collected by the mobile platform (such as Apple's App Store or Google Play).
If a student asks for a refund after we have paid the relevant vendor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the vendor to refund any amounts refunded to students for the vendor's courses.
WeSmartly can suspend the user's access to all or some parts of the Site, at any time and without reason, immediately.
You may stop using the Services at any time. You can also delete your account from the account settings and by clicking on the option "I would like to delete my WeSmartly account". After you delete it, we will delete your profile and related information about you, such as projects, favorites, comments on other projects, although it may not happen immediately. WeSmartly cannot delete topics and replies in forums, although we will delete your name and unlink your profile from all activity.
You agree to indemnify and hold harmless WeSmartly and its subsidiaries, agents, employees, co-brands or partners, assigns, including attorneys' fees for dealing with your Content, use of the Site or Services and Materials of WeSmartly, your violation of the Conditions or the rights of third parties.