Last Update: 6th April, 2019
Please read these Terms before using the Site. By using the Site, you hereby represent and warrant that you understand, agree to and accept all the terms and conditions set forth in these Terms whether or not you register with the Site.
These Terms are subject to change by Ustazk at any time. Only most important changes to these Terms will be notified to you by email, to the email address you register in your account. Non-material changes or any other minor changes may be notified by placing a notice on the Site, or by solely posting the amended terms on the Site. In any case, you should periodically check the Site for updates. Most important changes will be effective 30 (thirty) days after their notification, whereas non-material and minor changes will be effective immediately upon their occurrence. By continuing to use the Site after the effective date of any changes, you will be accepting such changes.
The Site provided by Ustazk is intended to help users seeking training and tutoring services (“Students”) to find and connect with users seeking to provide tutoring services (“Tutors and Trainers”), hereafter individually and collectively referred to as “you”, “You” or “Users”.
The Site connects simultaneously Students seeking help in a specific course to qualified Tutors, in order to find and locate each other to schedule a tutoring session. It allows high school and university students to find, book and coordinate with a qualified tutor (the “Services”).
Ustazk’s Tutors and Trainers are freelancers working on their own behalf, hired by Students, and they control all aspects of the tutoring and training including, but not limited to, methods and materials. Ustazk does not employ any Tutors and/or trainers, and does not have any control over the quality, timing or legality of the services actually delivered by tutors and/or trainers, nor of the integrity, responsibility or actions of Students. Ustazk does not refer or recommend either Students or Tutors or Trainers nor does Ustazk make any representations about the suitability, reliability, timeliness and accuracy of the services provided by tutors or trainers or the integrity, responsibility or actions of Students. Ustazk does not assume any responsibility for the accuracy or reliability of any information provided by Students or tutors or trainers on or off the Site.
All tutoring sessions should take place in a safe and/or public environment, and be supervised by a responsible and trustful adult.
Students will remain responsible for selecting the appropriate tutors or trainers for their specific tutoring and training needs. Students should review the Tutors registered profile on the Site, including their ratings by other Students, to make their hiring decisions. You understand and agree to make you own decisions and assessments about who you should hire and that it is your sole responsibility to conduct any and all background inquiries and reference checks with respect to other Users.
Ustazk expressly disclaims, and you expressly release Ustazk from any and all liability whatsoever for any claims, suits, damages and/or disputes arising out or in relation with any inaccuracy, untimeliness or incompleteness regarding Users’ misstatements or misrepresentations on the Site.
To be eligible to use the Site and Services, Users must meet the following requirements:
• If you are registering as a Tutor, you must:
• be permitted to work in the country you are residing;
• be above eighteen (18) years old;
• be an expert in the subject or have aced the specialty you want to tutor;
• have a degree from an accredited university;
• possess strong oral and written communication skills;
• You must have a completely clear criminal record in all and any countries worldwide, and never have been the subject of a complaint or any other legal action involving any felony, criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence, drugs, or sexual offenses.
By registering with the Site and/or using the Site or the Services, you represent and warrant that you are eligible to use the Site and Services, that you have the right and capacity to enter into the Terms, and that you undertake to abide by all these Terms.
If you are under eighteen (18) years old and would like to participate in Ustazk as a Student (an “Underage Participant”), you may ask your parent or legal guardian to register on your behalf to use the Site and Service (a “Parent Registered User”). By registering as a Parent Registered User, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety on behalf of yourself and your Underage Participant whether or not you use the Site or Services. You further understand and agree that you will ensure your Underage Participant’s compliance with these Terms and that you are responsible for any noncompliance by your Underage Participant.
If you are a Parent Registered User, you also agree that you are responsible for monitoring the account of your Underage Participant as well as your Underage Participant’s activities both on and off the Site, including monitoring who your Underage Participant communicates with and meets both on and off the Site and from whom he or she agrees to receive tutoring services.
3. Your Conduct and Obligations
3.1 General Obligations
You undertake and agree to use the Site and/or the Services only for purpose that are consistent with the academic honesty policy of your school, university or academic institution, and/or with all and any conduct policies they may have.
You may only use the Site and/or Services to find tutoring and training services or tutoring/ training sessions for yourself. You may not assign or otherwise transfer your account to any other person or entity.
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and Services. You represent and warrant to Ustazk that you have the right and authority to provide all information you provide about yourself. You agree, represent and warrant to Ustazk that you have the right, and hereby grant to Ustazk, its licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute all and any information and content you provide, and to prepare derivative works of, or incorporate into other works, such information and content.
Ustazk does not guarantee the accuracy, completeness or usefulness of any information on the Site nor is Ustazk responsible for any claims relating to inaccurate, untimely or incomplete information provided by Users.
By using the Site or Services, you agree that you shall never, in any way:
• use the Site or Services, or any information contained therein in any way that is unlawful, abusive, threatening or otherwise offending;
• provide false, outdated or inaccurate information;
• re-register with Ustazk, or attempt to re-register, in case Ustazk have terminated your account or in order to avoid a User’s review;
• use another user’s Ustazk account;
• use the Site and/or Services for any commercial solicitation purposes;
• interfere or attempt to interfere in any way with the functioning of Ustazk’ Services;
• bypass any measures Ustazk take to restrict access to the Site and/or Services or use any software, technology, or device to abuse the Services or harvest data from the Site.
Ustazk reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services if you violate any terms stated herein. Furthermore, Ustazk reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site, as a preventive protection measure or in reaction to a threat.
3.2 Tax Obligations
Tutors and trainers expressly undertake to comply with all of their tax obligations and make all tax filings and declarations required under applicable laws, including, without limitation, make all such filings and declarations, and pay all taxes, in connection with their fees and tutoring/ training activities. Ustazk expressly disclaims any liability whatsoever in this regard, and tutors/ trainers represent, understand and expressly agree to hold Ustazk harmless for any claim arising out of or in connection with such filings, declarations and taxes.
4. Termination of Registration
Ustazk reserves the right to suspend and/or terminate your access to all or part of the Site, to remove your profile from the Site, and/or to terminate your registration in Ustazk, with or without notice, at any time and at its sole discretion.
In such case of termination or suspension, you agree not to make any further use of the Site and/or Services after termination or during suspension.
5.1 Information Collected
Ustazk collects personally identifiable information when you use the Site or the Services. This personally identifiable information may be used:
• to communicate with you;
• to share the Tutor’s and trainer’s contact information with Students when a tutoring/ training session is booked;
• to share the Student’s contact information with Tutors and Trainers when a tutoring/ training session is booked;
• to process you requests and ensure that our relationship with you is accurate and up-to-date;
• to verify your identity in order to allow access to your account;
• to process transactions and billing related to Tutors/ Trainers
• to respond to your inquiries;
• to send you important information regarding the Site or Services,
• for data analysis, audits, developing and enhancing the Site and Services;
• to comply with laws and regulations;
• to send you marketing communications that may be of interest to you;
• for administration of and troubleshooting regarding our system.
If you use the Site and Services as a Tutor or Trainer, Ustazk will also collect your name, credit card number, expiration date and address information in connection with your account.
Ustazk will not disclose or sell your personally identifiable information without your consent. Nevertheless, third parties who provide technical support to Ustazk may need to access to such information, but they are not permitted to disclose such information.
Ustazk also collect information that is not personally identifiable information (type of browser, access time, pages viewed, IP address, operating system, etc.). Ustazk may edit and publish statistics made from this information, or share them with third parties, without including any personally identifiable information.
Ustazk may also gather information from other sources in order to combine it with information collected through the Site and Services.
Ustazk reserves the right to release non-personally identifiable information collected in aggregate.
5.2 Data Transmission and Storage
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Ustazk cannot guarantee the security of the collected information, including personally identifiable information. By using the Site and/or the Services, you acknowledge and agree that Ustazk makes no guarantee with respect to such security, and that you shall use the Site and Services at your own risk.
6. Advertisement and Promotional Links To Third Party Sites
Users may find on the Site advertisement and/or links to external sites for advertisement or promotion purposes.
You acknowledge and agree that:
• Ustazk does not approve, recommend, guarantee or certify the content of such external sites or any other materials, products or services available on such external sites;
• You may access such external sites at your own risk;
• Ustazk is not responsible for the content of such external sites, and expressly disclaims any liability in connection with such links and/or such external sites;
• You shall hold Ustazk harmless from any liability arising out or in relation with the use of links to external sites.
7.1 Payments From Students to Tutors or Trainers – Cancellation Policy
Ustazk is not a party to any agreement between Students and Tutors or Trainers.
All payments agreed between Students and Tutors or Trainers shall occur between them.
Any issue with respect to such payments must be resolved directly by the Students and the Tutors or Trainers.
Ustazk is not responsible and disclaims all liability with respect to such payments.
Students hereby undertake and agree to never refuse to pay a Tutor or Trainer upon completion of a satisfactory tutoring/ training session that they have booked.
Students who intend to cancel a session that they have booked with a Tutor or Trainer shall send a cancellation notice to the Tutor or Trainer involved at least one hour before the beginning of the session
If Students do not cancel a booked session prior to the above deadlines, they shall be liable for the payment of the first hour of the session.
7.2 Online payment platform
Ustazk makes available to Students and Tutors a secure online payment platform (the “Payment Platform”).
Students shall have the choice between paying their Tutor/ Trainer directly in cash, Pay Pal or by credit card through the Payment Platform.
Tutors and Trainers will be charged a 20 % (twenty per cent) fee per tutoring or training session (the “Fee”). The Fee shall be paid to Ustazk as follows:
- in case a Student chooses to pay the Tutor or Trainer through the Payment Platform, such Tutor/ Trainer will have his Pay Pal account credited with the amount Ustazk owes him after one working day.
- in case a Student chooses to pay the Tutor or Trainer directly in cash, such Tutor/ Trainer will have his/ her Ustazk account debited with the amount he owes Ustazk.
Ustazk is not responsible and disclaims all liability with respect to the availability of the Payment Platform as well as with any and all payments made through the Payment Platform. Ustazk shall only act as limited payment collection agent for Tutors or Trainers.
Each Trainer or Tutor hereby appoints Ustazk as the Tutor’s/ Trainer’s limited payment collection agent solely for the purpose of accepting the Tutor’s/ Trainer’s fees from Students. In accepting appointment as the limited payment collection agent of the Tutors/ Trainers, Ustazk assumes no liability for any acts or omissions of the Tutors and/or the Students.
7.3 Satisfaction Guarantee for Students
Tutors and Trainers shall provide the Students with a 100 % cash back satisfaction guarantee with respect to the quality of the tutoring/ training session.
Tutors and Trainers shall wave their fees should the Students require it in the event Students are not satisfied with a tutoring session and there are objective reasons to justify it, including, but not limited to:
• Student is not satisfied with the quality of the tutoring session;
• Tutor/ Trainer arrives more than 20 (twenty) minutes late to the tutoring session;
• Tutor/ Trainer appears not to have the knowledge required to teach.
Notwithstanding the provisions of section 7.1 hereof, Ustazk may be consulted for its non-binding opinion in case of disagreement between Students and Tutors or Trainers about the refunding of tutoring/ training session fees. Ustazk will have 48 (forty-eight) hours to investigate the case before giving such opinion.
8. Release of Liability for Disputes Between Students and Tutors
Any issues arising out of or in connection with the conduct of Students or Tutors/ Trainers must be resolved directly by the Students and the Tutors or Trainers.
Ustazk expressly disclaims any liability whatsoever for any claims, demands or damages arising out of or in connection with such issues.
You represent, understand, and expressly agree to hold Ustazk harmless for any claim arising out of or in connection with any disputes between Users of the Site.
9. Disclaimer of Warranties
Use of the Site and Services are at your sole risk.
Ustazk makes no representation or warranties of any kind whether express or implied with respect to the suitability or quality of any Users to provide services as a tutor or trainer.
All information, content, services and materials contained on the Site (the “Information”) are provided on an “as is”, “as available” and “with all faults” basis.
To the maximum extent permitted by law, Ustazk:
• does not warrant the accuracy of such Information;
• does not warrant that your use of the Site or Services will be uninterrupted, always available, timely, secure, free from computer viruses, error-free, useful, satisfactory, or that any error and/or defect in the Site or Services will be corrected;
• disclaims all express or implied conditions, representations and warranties of any kind including, but not limited to, any implied warranty or condition of merchantability, fitness for a particular use or purpose, non-infringement of third-party rights, and satisfactory quality,
• expressly excludes all conditions, warranties and other terms which might otherwise be implied by law and disclaims liability for errors or omissions in this Information.
You shall assume all risks for any damage to your computer system, including, but not limited to, loss of data, resulting from obtaining any Information from the Site and/or computer viruses.
10. Limitation of Liability
The Site and Services merely offer a meeting platform for Students seeking Tutors or Trainers.
You understand and agree that Ustazk has no control over the performance or conduct of Users, whether online or offline, and that Ustazk makes no representations or warranties about the accuracy, suitability and/or quality of the statements made by Users and services provided by Users. Ustazk expressly disclaims, and each and all Users expressly release Ustazk from, any and all liability for any dispute, claims, lawsuits, damages, losses or injuries whatsoever arising out of or in connection with the Site and/or Services.
Ustazk shall not be involved in any transaction between Users, which are in any case made directly between them, nor shall Ustazk be responsible for any consequence whatsoever of any kind resulting from interactions between Users.
To the fullest extent permitted by law, in no event will Ustazk be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages, losses or expenses arising out of or in connection with the Site and/or Services, including, but not limited to, damages arising out of and/or related to the use or inability to use the Site and/or Services, any information or services received from or through the Site and/or Services, removal of content from the Site (including profile information), conduct of any third party on the Site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system failure.
These limitations shall apply even if Ustazk 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).
Under no circumstances shall Ustazk’ aggregate liability to you, in any form of action whatsoever in connection with this Agreement or the use of the Site and/or Services, exceed the amount paid by you to Ustazk or, if you have not paid Ustazk for the use of any Services, the amount of $170 (one hundred and seventy USD).
You acknowledge and agree that the warranty disclaimers and limitations of liability provided in these Terms are material, fair and reasonable, and that they have been taken into account in the decision by each party to enter into this Agreement.
11. Assumption of Risk
You agree and understand that you assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with Users. You agree to take all necessary precautions when interacting with Users or other site visitors.
By agreeing to these Terms, Users agree to indemnify, defend and hold harmless Ustazk and its shareholders, officers, agents, licensors, suppliers, other partners, employees and representatives from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs (including but not limited to court costs) incurred by Ustazk in connection with any claim by a third party (including an intellectual property claim) arising out of:
• materials, information and content you transmit to and/or through the Site or Services;
• your acts and/or omissions on or off the Site;
• your use of the Site or Services in violation of these Terms, in violation of any applicable law or regulation, or in violation of the rights of any third party;
• disputes with or between Users;
• misstatements and/or misrepresentations;
• you use of links to third party websites;
• any action you may take based on Information obtained on or through the Site.
Users further agree that they will cooperate as reasonably required in the defense of such claims.
Ustazk reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Ustazk.
13. Copyright Notices
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site by contacting Ustazk.
Ustazk will investigate your request and determine, at its sole discretion, whether to address your request.
14. Governing Law and Jurisdiction
These Terms, and any dispute between you and Ustazk, shall be governed by the laws of Lebanon without regard to principles of conflicts of law. Unless you and Ustazk agree otherwise, in the event that the arbitration agreement provided in section 15 below is found not to apply to you or to a particular claim or dispute for any reason, you agree that any claim or dispute that has arisen or may arise between you and Ustazk must be resolved exclusively by Lebanese courts.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Ustazk Platform, your provision of Training Services or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
No failure or delay of any party to exercise any right or power given under this agreement shall constitute a waiver of the party’s right or power.
The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified.
Ustazk may give notice by means of a general notice on the Ustazk Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Ustazk or its Affiliates by written communication to Ustazk's general email address at [email protected]
Ustazk: Find Your Private Tutor and Personal Trainer