1. General terms
- TutCo provides this Site to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors”), 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, 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 TutCo and you, and you accept them by: a) using our website or blog or support site, b) accepting any Services; c) enrolling in a program or workshop, d) using the Services in any other manner; and/or e) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site or our Services.
- In the event that anything on the Site, the support site, or the blog or any other website or software application associated with our services contradicts these Terms, the Terms shall hold. Any form of lenience, express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement, and any lenience provided by TutCo will not constitute a substitution of these terms and shall not affect the agreement.
- Should the Terms be found invalid by any Law or Regulation of any government, or by any court or arbitrator, the parties agree that such a provision will be amended in order to achieve the original business purpose and aims of that provision, and all the other provisions of the Terms will remain in full force and effect.
2.1 Personal Information
- “Non-Personal Information” and “Personal Information” are collected and used by TutCo in order to gain better insight in how to provide better quality Services to our Students and Tutors.
- Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks.
- Personal Information is information that can be used to personally identify you that is required to register on our Site. It includes information regarding your contact details, physical address, ID number, academic records, banking details, biography and any other details that are personal to you.
- Personal and Non-Personal information are submitted by you through the registration process and gathered throughout the Services we provide you.
- We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers.
- We may use third party service providers to help us operate our business or administer activities on our behalf. We may share your information with these third parties as part of our business operations. We treat our user database with the greatest respect and will never share its contents.
- In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information to track trends and analyse use patterns on the Site.
- If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. It is your responsibility to check the Site periodically if you are concerned about how your information is used.
2.2 Data Protection
- Any of your personal data that are not stored and protected by TutorCruncher, are subjected to The Protection of Personal Information Act or POPI Act that is South Africa’s equivalent of the EU GDPR.
- Thus, you have the right at any time to prevent us from contacting you for marketing purposes; you also have the right to request us from deleting your data, and to then become unknown to us.
- When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail.
2.3 Third Party Websites
2.4 Changes and Notifications
- TutCo offers services including a platform matching students and tutors, educational management consulting, and teacher placements.
- Tutors are independent contractors and as independent contractors hired by Students.
- Tutors control the methods, materials and all aspects of the lessons.
- TutCo provides training in best practices, and further training to aid our Tutors to provide the best possible services to our Students.
3.1 Terms of Transacting Business and Payments
- You understand and agree to abide by TutCo’s Tutor and Student payment policies. You agree to all costs and payments. These costs include but are not limited to: (a) the cost of registration; (b) workshop fees; (c) cancellation fees; (d) subscription fees and (e) tutor time fees.
- TutCo does not accept or deal in cash, and payment options include electronic funds transfer directly into our bank accounts (obtained from firstname.lastname@example.org) or via instant EFT, debit or credit card payments electronically via our Site.
- We use the services of PayFast to facilitate these payments from our site, and you will be re-directed to their secure payment portal to complete the transaction. More information on this reputable and secure service can be found at https://www.payfast.co.za/.
- TutCo commits to covering any fees with regards to accepting secure payments, but the client commits to covering the costs associated with refunds (a 10% admin fee to cover the associated costs as well as a R15.00 bank charges fee).
- Our fees are disclosed on our Site, and Tutor payments will be made available on acceptance as a Tutor for TutCo.
3.2 Subscribing to the Services
- All Students are requested to supply TutCo with their email, cell phone number and physical address.
- We gather each applicant’s contact details, physical address, education history, ID document, and require a police clearance certificate and screening on the Sexual Offenders Registry in case the Tutor will be working with a minor.
- Our Client Relations Manager review tutor applications for each job, selecting the most appropriate (based on supplied information from the clients based on gender, age, location, language proficiency and other relevant factors).
- TutCo controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. TutCo services may not be available in your location, and available services may vary among locations. In addition, TutCo will attempt to deliver all correspondence sent via the Site’s messaging system. TutCo does not, however, guarantee delivery of all messages.
- The client commits to paying a travel contribution to tutors over and above the price of their tutoring lesson in the case that the selected Tutor lives further than 5 km from the location where the lesson or Services will be taking place.
- The client commits to always treat The Tutor Company staff and tutors with respect. Any form of disrespect, racism or prejudice will result in immediate termination of the client.
- The client commits to ensure that all communication is friendly, professional and helpful. Any communication that is deemed inappropriate by The Tutor Company may result in termination of the client.
3.3 Best Match Guarantee
- In line with our best match guarantee, if a client is unhappy with a tutor, or vice versa, we endeavour to change the tutor up to two (2) times, if no appropriate tutor is found the client is refunded less a small administration fee and any lessons that have occurred.
- Students are responsible for ensuring that they contact TutCo within 24 hours after the first meeting in case that they are unhappy with the matched Tutor. All payments are made upfront to ensure our clients are legitimate.
- It is the responsibility of the Tutor (especially recommended for female tutors) to inform a next of kin or friend of the whereabouts and time of the tutor sessions in case the job is accepted. We only disclose the Tutor’s contact details to the Student once the Tutors have accepted the job.
- TutCo takes all possible measures to eliminate any foreseeable risks. It remains the Tutor and Student’s responsibility to be aware of the possible risks associated with private tutoring. It is important to be pro-active and to take steps to protect yourself.
- Possible risks can include: a) Risks involved with travelling to unsafe areas, b) car accidents and or travel related incidents, c) damage to equipment that the Student or the Tutor may use during the lesson, d) stalking or inappropriate messaging, e) students or other parties that have ulterior motives, f) theft or loss of property, g) sexual harassment, and h) other serious crimes.
- We recommend that if you feel unsafe or uncomfortable about any aspect of the tutoring service or lesson to notify your Client Relations Manager immediately and/or take appropriate actions which might include contacting the authorities, such as the South African Police Service (SAPS), or a next of kin.
- By accepting our Services, you agree to these safety terms.
3.5 Academic Honesty
- Academic dishonesty is interpreted here in the broadest terms possible and includes but not limited to homework being done by a Tutor or any form of cheating. It is the responsibility of the Tutor and the Student to decline any involvement of academic dishonesty. TutCo cannot be held liable for any academic dishonesty.
- You acknowledge and agree that TutCo Services are provided to facilitated learning and no form of academic dishonesty or plagiarism will be tolerated by either the Student or Tutor.
- Any form of academic dishonesty, copyright or IP infringement is condemned and will result in immediate termination of the client and the tutor. The Tutor Company may report the incident to the authorities and any relevant party’s that have had their rights infringed on.
3.6 User Obligations and Conduct
- By using the Site or Services, you agree: a) that you are of legal age and can legally agree to these Terms on your own behalf or on behalf of a minor who will be using the Site or Services, b) to provide accurate, current, and complete information, c) to maintain the security of your password and identification, d) to keep your personal data and information accurate, current, and complete, and e) to accept all risks of unauthorised access to information and personal or non-personal information and data.
- You are solely responsible for all Content that you upload, post, or otherwise transmit using our Site. You agree not to upload, post or otherwise transmit content that: a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or deemed inappropriate by TutCo or other users of the website, b) contains unauthorized disclosure of personal information, c) violates or infringes any copyright or intellectual property rights, or d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- TutCo reserves the right to edit or remove content that violates these Terms, that contains third-party commercial advertisements, or for any other legitimate reason.
- You agree to use the Site in a manner that is lawful and associated with its intent. Any use of the Site or Services that TutCo deems inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice.
- All clients and tutors agree that they will at all times communicate in a friendly, respectful and helpful manner. Clients are encouraged not to call tutors after hours and to be respectful of the professional boundaries. Any form of interaction deemed inappropriate by TutCo Tuition will result in termination of services, and the client will be refunded for overpayments less the amounts for actual services rendered. It is important to note that The Tutor Company represents the interests of both tutors and clients.
- Restraint of trade and fair use. All independent contractors and employees are prohibited from accepting any form of employment with a client of TutCo Tuition that TutCo Tuition has sourced, suggested, introduced or placed a tutor or employee with and employment with such a client is prohibited for a 15 month period from termination of employment or termination of usage of The Tutor Company or TutCo Tuition services. A transfer of employment from TutCo to a client may be requested and an employment transfer may be agreed upon between TutCo Tuition and the client by use of fair negotiations. Any transgression of the restraint of trade without the written authorization of the managing director may result in disciplinary action been taken against you which may result in your dismissal and further legal action.
3.7 Third Party Reports
- TutCo may from time to time utilize third party agencies to perform, among other things, criminal background checks, Sex Offender Registry checks, and identification verifications (“reports”).
- TutCo is not responsible for accuracy, verification or validation of the outcome of these third-party findings or reports. You agree that TutCo can at its own discretion choose to terminate services and any agreement with any or all parties in response to such findings and reports, without verification or validation.
3.8 Content Provided via Links
- TutCo may link you to other websites or resources from our Site. You acknowledge and agree that TutCo is not responsible for the content, security and terms, conditions, policies or business matters regarding those sites.
- TutCo does not endorse and cannot be liable for any content, advertising, products, or other materials or services from such sites or resources.
- TutCo cannot be held liable for any claims of damage or loss arising from the use of such services.
3.9 Intellectual Property Rights
- The use of the TutCo Site in accordance with these Terms are granted for your own personal, non-commercial use (except agreed by TutCo in writing), provided you do not remove any trademark, copyright or other notice contained on such content. Any other use is not permitted. Prohibited use includes, but is not limited to, using or incorporating content from the Site or any TutCo Services or information, content, or other material in any database, compilation, archive, cache or any other form of usage unless agreed upon in writing by TutCo.
- TutCo maintains full ownership of any content developed by any employee, independent contractor or freelancer while providing agreed services with our approval.
- TutCo maintains full use and rights to any trademark, copyright or slogan used in relation to our Site, Services or content. These rights are all relevant copyright and intellectual rights under the broadest definition of common law, and the laws governing the Republic of South Africa.
3.10 Termination and suspension
- TutCo reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension. Your personal information and Data will be deleted with immediate effect and you will become unknown to TutCo.
- In the event that a client requests a refund, or in the event that there was credit in the account after services are no longer required, the client agrees to a 10% admin fee (based on the remaining credit) to cover the costs of the time associated with the refund and the costs associated with handling the funds securely by our secure payment provider, PayFast, as well as a R15.00 once-off bank charge.
- In the event that a tutor does not give due notice according to an agreed-upon notice period, there will be a 15% admin charge levied to cover recruitment costs to replace the tutor and for the training of the replacement.
4. Disclaimer of Warranties
- Any Tutor or Student uses the Site and our Services at their own risk. TutCo disclaims all conditions (stipulated, implied or perceived), representations, and warranties of any kind, including any implied warranty of satisfactory quality or purpose.
- TutCo does not warrant that the Site or Services will be a) error free, b) secure or safe c) uninterrupted, d) any material, content, information, products or services will be in line with your requirements, expectations or specific needs.
- You assume all risk for any loss or damage to your personal or other computer system or device when using the Site or Services.
4.1 Limitation of Liability and Indemnity
- You understand and agree that TutCo has no control over the actions or omissions of any subscriber of TutCo Services, thus TutCo cannot be held liable for the performance, conduct, or ethics of any Tutor or Student whether on or off the Site.
- You expressly release TutCo from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from any way or form related to the use of the Site or Services.
- Students and Tutors interact with each other independently of TutCo. TutCo will not be involved in or held responsible for disputes, claims, loss, injury, damage, arbitration or legislative matters of any kind that might arise during and after user interaction or the use of the Site or Services.
- You and TutCo agree that the warranty disclaimers and limitations of liability in these terms have been read, understood, agreed upon, and accepted and that they have been used in the decision by each party to enter into this agreement. All parties agree that these Terms are fair and reasonable.
- Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its employees and any Tutor or Student conduct, or the Terms, shall be settled by binding arbitration in line with any legislation or rules of arbitration of the Republic of South Africa.
4.3 Governing Law
- This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of the Republic of South Africa.
- The Safety Policy/Terms are in line with National Child-Protection Legislation, and the Criminal Law (Sexual Offences and Related Matters) Amendment Act (No. 32 of 2007). All permanent employees of TutCo Tuition, including all management staff and the directors must be screened against the Sexual Offenders Registry annually.
5. Applying for a Police Clearance Certificate
- You can apply for a Police Clearance Certificate via the South African Police or alternative services such as The Guardian.
5.1 How Tutors apply for a Police Clearance Certificate via SAPS:
- Go to your nearest police station and complete the application form for Police Clearance. It is important to note on the police clearance that you want to be screened on the Sexual Offenders Registry. You will need to provide a full set of fingerprints, your full name, surname, date and place of birth, your original ID or Passport, a copy of your ID or Passport and R115 in cash.
- Your complete application will then need to be posted to the Criminal Record Centre in Pretoria. Some police stations require that you post the completed application yourself. If so, send it via regular mail with a tracking number. Keep your cash receipt as proof.
- The clearance certificate will be sent to you.
5.2 How Tutors Apply for a Police Clearance Certificate and Sexual Offenders Registry via the Guardian:
- The tutors will need to contact Cherese at email@example.com or 031 001 0104 to book an appointment at one of the Guardians’ nearest offices.
- Complete the following two forms: Sexual Offences Affidavit and Criminal Affidavit (These documents can be found uploaded under Documents on Tutor Cruncher).
- The cost to use the Guardians services is R255.00. This is a special price for TutCo Tuition thus please be sure to mention that you are from The Tutor Company when calling in or making an appointment.
You can contact TutCo at the following official email address should you have any questions: firstname.lastname@example.org