User Agreement

This User Agreement describes the terms and conditions which you accept by using our Website or our Services.

In this User Agreement:

‘Account’ means the account associated with your email address.

‘Tutor’ means a User that offers and provides lessons through the website.

‘Tutor services’ means all services provided by a Tutor.

‘Student’ means a User that purchases Tutor services from the Tutor.

‘EduX’, ‘we’, ‘our’, ‘company’ or ‘the company’ or ‘us’ means EduX Pty Limited.

‘EduX Verified’ means that Users have been satisfactory verified under our inhouse user eligibility.

‘Inactive Account’ means a User that has not been logged into for a 3-month period.

‘EduX Services’ means all services provided by us to you.

‘User’, ‘you’ or ‘your’ means an individual who visits or uses the Website.

‘User Contract’ means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Tutor and Student uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the booking terms as made and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct.

‘Website’ means the Website operated by EduX and available at: edux.net.

1. Overview

By accessing the Website, you agree to the following terms with EduX.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.

The Website is an online platform where Users purchase and sell Tutor Services. Students and Tutors must register for an Account in order to purchase or sell Tutor Services. The Website connects Tudors and Students. We are not a party to any contractual agreements between Student and Tutor on the online platform, we merely facilitate connections between the parties.

Any new features or tools which are added to the current platform shall also be subject to this User Agreement. You can review the most current version of the User Agreement at any time on this page. We reserve the right to update, change or replace any part of this User Agreement by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. Scope

Before using the Website, you must read the whole User Agreement and the Website policies.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the EduX Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website.

3. Eligibility

You will not use the Website if you:

• Are not able to form legally binding contracts.
• A person barred from receiving and rendering services under the laws of South Africa or another applicable jurisdiction.
• Are suspended from using the Website.
• Do not hold a valid email address.

Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.

We may, at our absolute discretion, refuse to register any person or entity as a User.

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

4. Using EduX

While using the Website, you will not attempt to or otherwise do any of the following:

• Post content or items in inappropriate categories or areas on our Websites and services.
• Infringe any laws, third party rights or our policies, such as the Code of Conduct.
• Fail to deliver payment for services delivered to you.
• Fail to deliver Tutor Services purchased from you.
• Circumvent or manipulate our fee structure, the billing process, or fees owed to EduX.
• Post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information).
• Take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website).
• Transfer your EduX account (including feedback) and Username to another party without our consent.
• Distribute or post spam, unsolicited, or bulk electronic communications, chain letters.
• Distribute viruses or any other technologies that may harm EduX, the Website, or the interests or property of EduX or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website.
• Copy, modify or distribute rights or content from the Website or EduX's copyrights and trademarks.
• Harvest or otherwise collect information about Users, including email addresses, without their consent.

5. Content

When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

• Will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person.
• Will not violate any law or regulation.
• Will not be defamatory or trade libelous.
• Will not be obscene.
• Will not include incomplete, false or inaccurate information about User or any other individual.
• Will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.

6. Feedback and Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the EduX feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Tutor Services via the Website. You may not use your Tutor or Student feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by EduX or its related entities, without our written permission.

7. Communication with other users

Communication with other users on the Website must be conducted through the text and or video chat functionality provided on the Website.

You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website.

Unless you have a prior relationship with a User, you must only communicate with Users via the Website.

In relation to video chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.

EduX may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website.

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

8. Identity

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address; or (3) verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your I.D, passport or drivers' license).

We reserve the right to close, suspend, or limit access to your Account, the Website and/or EduX Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

If you are not EduX verified you may not be able to withdraw funds from your EduX account, and other restrictions may apply.

9. User Services

Upon the Student booking the Tutor, and the Tutor's acceptance on the Website, the Tutor and Student will be deemed to have entered into a User Contract under which the Student agrees to purchase, and the Tutor agrees to deliver the Tutor Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Each User acknowledges and agrees that the relationship between Students and Tutors is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between EduX and any User.

10. Accuracy, completeness, and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

11. Personal information

Your submission of personal information through the platform is governed by our Privacy Policy.

12. Payments and refunds

In return for the Tutor’s acceptable performance in providing tutoring services, in accordance with this agreement and the Terms, EduX shall transfer a Student’s payment in terms of credits to the Tutor account -after deducting a commission of 20%- at the tutoring rate advertised and agreed to at the outset of each tutoring session. Any costs required to be incurred in providing a tutoring session are to be borne by the Tutor. The tutor will be required to send a withdrawal request to EduX for the funds to be released to the Tutors bank account as indicated on the Tutor’s profile.

A Tutor has an option of 1 free withdrawal per 30 days and all subsequent withdrawals will incur a bank charge of R22.50 per withdrawal.

We reserve the right to make changes to this conditions without notice and it is the tutor’s responsibility to ensure that they check the site for any changes.

You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to fees or charges payable to us.

If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error.

You can request a refund by emailing us at support@edux.net.

13. Tax

The Tutor acknowledges that as an independent contractor they are solely responsible for reporting and paying any tax due under any applicable legislation in respect of income derived through providing tutoring sessions.

14. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User agreement at any time by notifying us that you no longer wish to use our Services, or when you cease using our site by closing your account.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this User Agreement, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

You may close your Account at any time. The option is in the Account Settings.

Account closure is subject to:

• Not having any outstanding bookings on the Website.
• Resolving any outstanding matters (such as a suspension or restriction on your Account).
• Paying any outstanding fees or amounts owing on the Account.

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all the information we hold.

15. Inactive accounts

User Accounts that have not been logged into for a period of 3 months will incur a maintenance fee per month, until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User's profile, portfolio storage, listing in directories, promotion of your profile on the Website and elsewhere, file storage, message transmission, general administrative matters and message and other storage costs.

We reserve the right to close an Inactive Account.

16. Right to refuse service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

• If we determine that you have breached, or are acting in breach of, this User Agreement.
• If we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights.
• If we determine that you have engaged, or are engaging, in fraudulent, or illegal activities.
• You do not respond to account verification requests.
• You do not complete account verification when requested within 1 month of the date of request.
• To manage any risk of loss to us, a User, or any other person; or
• For other reasons.

If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.

Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You acknowledge and agree that: (1) the damages that we will sustain because of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may take legal action against you to recover losses.

If we close your Account for a reason other than because of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

17. Disputes with Users

You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any booking/lesson that you will first attempt to resolve any differences that you have in relation to such a booking/lesson, including in relation to the quality of the services provided.

If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a booking/lesson we encourage you to contact us at support@edux.net

In relation to disputes with any other users of the Website, you hereby agree to indemnify EduX from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.

The EduX Code of Conduct applies to all the services offered by EduX. It is agreed by you that you will make every endeavor at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.

18. Indemnity

You will indemnify us against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and EduX Services.

In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.

19. Security

You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, your Account or the EduX Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.

20. Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

21. Interpretation

Headings are for reference purposes only and in no way, define, limit, construe or describe the scope or extent of such section.

22. No waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

23. Contact us

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by emailing us at support@edux.net.