1. Overview
The following terms and conditions of use apply to all users and viewers of the West Indies Tutor web site westindiestutor.com. The terms “we”, “us” and “our” refer to West Indies Tutor (also referred to as westindiestutor.com). The term ‘you’ refers to the user or viewer of the website. By accessing or using this site, the content, features and services provided in connection with this site, you agree to be bound by the terms of these Terms of Use. If you are a parent, guardian, or other person who enables a child or minor to access the Services, you agree to stand in place of such child or minor for the purposes of making us whole in case of damages or indemnification that could properly lie against a child or minor, if not for his or her age.
If you do not agree with these Terms neither you nor your designee or giftee may access, or use (as applicable), the site or the associated Services. For the purposes of this agreement, you means anyone including a parent or guardian who pays for access to the Services as well as the student who accesses or uses the Services.
If someone else is paying for or authorising your tutoring account or use of the service in any way, you agree to print this document and hand it to them or ensure they are directed to West Indies Tutor to read, acknowledge and agree to these Terms of Use.
2. Services
Through the West Indies Tutor Services and website, we enable users to connect with tutors (‘Tutors’) who provide live, one-to-one instruction and group instruction tutoring and learning services in online classrooms (Tutoring Sessions). The Services include, without limitation, keeping track of users’ favourite Tutors, facilitating and hosting Tutoring Sessions, and taking feedback from users.
A Tutoring Session or Session refers to one hour or part thereof up to a current maximum of 90 minutes of scheduled tutoring in any subject between at least one student and a tutor to be conducted via the virtual classroom.
A completed Tutoring Session or Session refers to an hour or part thereof up to a current maximum of 90 minutes of tutoring where at least one student and a tutor are present in the virtual classroom at the same time.
As part of the Services, we require tutors to undergo a recruitment and selection process, which makes reasonable efforts to confirm the validity of Tutors’ claimed educational credentials.
Even with visual verification of original certifications and reference checks we cannot control and are not responsible for the accuracy of the information provided. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the Tutors beyond these checks.
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
3. Disclaimer of Warranty and Limitations of Liability
The West Indies Tutor content, West Indies Tutor site, the services and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable law, we disclaim all warranties, express or implied, with respect to the site, the West Indies Tutor content, the services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the West Indies Tutor content, the site, the services, each portion thereof or any third party sites.
Under no circumstances, including, but not limited to, negligence, shall West Indies Tutor or third parties be liable for any direct, indirect, special, economic, exemplary, punitive, incidental or consequential damages, including, but not limited to, loss of data or profit that are directly or indirectly related to the performance of the site, the use of, inability to use the West Indies Tutor content, user content, the site, the services or any portion thereof, any action taken in connection with an investigation by the West Indies Tutor parties or law enforcement authorities regarding your use of the site, any action taken in connection with copyright or other intellectual property owners, any errors or omissions in the services’ technical operation even if we or our authorised representative has been advised of the possibility of such damages. If your use of the site, the West Indies Tutor content, the services or any portion thereof results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof, this includes any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the West Indies Tutor parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the site). In no event will the West Indies Tutor parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury By accessing or using the services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the services. Neither we, nor third parties warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the West Indies Tutor content, the site, the services or any portion thereof or in any reports of verification services. You agree not to hold us (or our agents, employees or tutors) liable for any instruction, advice or services delivered which originated through the site, through any verification service or in connection with the West Indies Tutor content, the services or any portion thereof.
4. Access to West Indies Tutor online tutoring
While every effort will be made to keep the website in service and free from viruses and other malicious software or content we do not make any guarantee that this website or any of the features, functions or servers associated with the website will be error free, accurate, reliable, uninterrupted or free from viruses or other harmful components. Users must provide and are solely responsible for all hardware and/or software necessary to access the website and services. You further assume the entire cost of and responsibility for any damage to as well as all necessary maintenance for (repair or correction of) that hardware and/or software.
Unless otherwise specified by specific tutors, the West Indies Tutor Tutoring Services are unavailable on National Holidays, Christmas Day, Boxing Day and New Year’s Day. On those holidays the Services close beginning at 12:00 a.m. (the start of the holiday) and they reopen at 12:00 a.m. on the next available business day (Atlantic Standard Time).
West Indies Tutor will strive to provide online tutoring to its users and viewers on a continuous basis. To that end, we will take all commercially reasonable efforts to provide uninterrupted access to the online tutoring service provided. However, from time to time, users and viewers may be unable to access Westindiestutor.com and the connected services due to conditions beyond our control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, programming errors, system maintenance, and other related reasons. In response to any unavailability of Westindiestutor.com and any of the connected services, we will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith to restore any portion of the website or related services affected by unavailability in the shortest time allowable given the resources available and the circumstances of the situation.
As an online service Westindiestutor.com may periodically be unavailable as we perform maintenance and upgrades. Any routine or necessary maintenance or upgrades will occur on Sundays between 11 p.m. to 4:00 a.m. (Atlantic Standard Time). We will make all efforts to inform users of any upcoming maintenance via a post on the West Indies Tutor website.
5. Prohibited Conduct
You are solely responsible for the User Content you submit through or in connection with our Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload or otherwise provide User Content via the Services, you agree to comply with the following rules.
To ensure users of the website do not engage in Prohibited Conduct, in addition to removing any prohibited materials, West Indies Tutor reserves the right to terminate any responsible accounts, deny access, report such activities to law enforcement authorities as appropriate and/or take any legal necessary action against any person or entity whose use of the website suggests Prohibited Conduct.
In addition to removing such prohibited materials, West Indies Tutor may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate if any individual or entity fails to comply.
To ensure that users of the website do not engage in Prohibited Conduct, West Indies Tutor reserves the right to revoke, deny access and/or take any legal necessary action against any person or entity whose use of the website suggests Prohibited Conduct.
To maintain the integrity of the West Indies Tutor and to help protect all users, visitors and other associated parties, users also expressly agree to refrain from doing, either personally or through an agent, any of the following:
Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the website that in any way affects the use, enjoyment or service of the West Indies Tutor, or adversely affects West Indies Tutor’s website, computers, servers or databases.
Capture, download, save, upload, print or otherwise retain information and content available on the website other than what is expressly allowed by these Terms. Permit or provide others access to the Online tutoring services using your username and password or otherwise, or the name and password of another authorised User. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the website. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the website.
Transfer the website content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the website content; or “deep link” to the website content. Violate or attempt to violate West Indies Tutor’s security mechanisms, access any data or server. You are not authorised to access or otherwise breach the security of the website or corrupt the website in any way. Engage in any other conduct which violates the Copyright Act.
Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users or West Indies Tutor. Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights. Misrepresent your identity or personal information when accessing the website; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by West Indies Tutor. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability. Advertise or otherwise solicit funds, goods or services on the website. Provide any commercial hosting service with access to the website and/or the content on the website.
Prohibited conduct and activities include, without limitation:
1. unauthorised advertising to, or solicitation of, any user to buy or sell any products or services;
2. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
3. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs, advertisements, communication, or other items or processes that interrupt, destroy or limit the functionality or in any way affects the use of the West Indies Tutor site, services, databases, servers or any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
4. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services;
5. covering or obscuring any of the features on any West Indies Tutor page via HTML, CSS or any other means.
6. any automated use of the Services, such as, but not limited to, using scripts to send messages or posts;
7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
8. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any activity commercial or otherwise through the use of the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by West Indies Tutor, or sending messages with a commercial purpose;
9. activity unrelated or disruptive to the Services, such as intentionally distributing the wrong solutions to problems, submissions that force browsers to scroll horizontally, large blank or content-free submissions, “Bumping” multiple older topics (posting in them well after the last post), posting multiple identical or near-identical messages or topics, including “fad” topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or
10. using the Services in a manner inconsistent with any applicable law.
Prohibited Conduct also includes the use, transmission or posting of Prohibited User Content.
Prohibited User Content includes, but is not limited to, material that West Indies Tutor determines:
1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
4. posts information that poses or creates a privacy or security risk to any person;
5. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
7. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
10. involves commercial activities and/or sales without prior written consent from West Indies Tutor such as contests, sweepstakes, barter, advertising, or pyramid schemes;
11. includes a photograph or video of another person that you have posted without that person’s consent;
12. violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.
6. Links
The site or the Services may provide links to non-West Indies Tutor websites or resources (Third Party Sites). This may include Tutors sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to display for your review. Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability of Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.
7. Conduct, Fraud, and Consequences of Fraud
You may only access the site and use the West Indies Tutor Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You shall not upload to, distribute through, or otherwise publish through the site or the Services any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You agree that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to use the site or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorised to claim such a relationship; or (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. You agree that you will treat the tutors with respect and not use obscenities in the classroom, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not disclose any information to a Tutor that could be considered personally identifiable information including your full name, address, telephone number, email address, social security number, password or any other information that could be used to identify or locate you. A violation of this agreement may lead to a suspension of your account. Similarly, you agree that you will not solicit any such information from any tutor, and agree that if any tutor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us via email.
You acknowledge that we may screen User Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any User Content, including terminating tutoring sessions. Without limiting the foregoing, we have the right to remove any User Content that violates these Terms or is otherwise objectionable. You agree and acknowledge that we may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any User Content violates the rights of third parties or protect our rights, property or personal safety or that of our users and the public.
You agree that if you defraud or access our system (or Tutors) through any method that is in any way improper, attempt to do so, or allow anyone else to do so, you will immediately pay us Barbados $40 per hour, plus all costs we incur collecting the amounts you owe, detecting and investigating your improper action(s), for each hour (or part thereof) that you (a) obtain improperly, (b) use, and/or (c) allow anyone else to use. These costs will include all attorney and paralegal time and related fees, as well as the fees of any investigators and all court and all other costs associated with obtaining the amounts you owe.
You agree that our cost of investigation will always be a minimum of Barbados $250 and will include inside and outside attorney and paralegal time and related fees, as well as the fees of any investigators including any private and forensic investigators required and all court and all other costs associated with collecting the amounts you owe.
Defrauding our system or accessing them improperly means but is not limited to creating accounts and/or adding money to them and/or using time from them in any manner other than by following our defined procedures for creating valid accounts. Paying for the tutoring on any of these fraudulently created accounts or for any tutoring not authorised and approved by West Indies Tutor constitutes defrauding our system.
Examples of improper access include (but are not limited to) using any means to circumvent our registration or payment systems, hacking our system in any way, using the system when you have been notified that your permission to use the service has been revoked, sharing your account information or anyone else’s account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, using a third party’s account, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account. Improper access also includes using any artifice or method (such as using multiple email accounts, cell phone numbers, and/or credit card numbers) to attempt to avoid paying for service. This may include, but is not limited to selling or auctioning of login credentials, and credit card fraud.
In relation to tutors and fraud:
All tutors agree that if you defraud or access our system through any method that is in any way improper, attempt to do so, or allow anyone else to do so, you will immediately pay us Barbados $40 per hour, plus all costs we incur collecting the amounts you owe, detecting and investigating your improper action(s), for each hour (or part thereof) that you (a) obtain improperly, (b) use, and/or (c) allow anyone else to use. These costs will include all attorney and paralegal time and related fees, as well as the fees of any investigators and all court and all other costs associated with obtaining the amounts you owe. In addition you will be terminated as a tutor, which means your services will be terminated and you will no longer be allowed to access West Indies Tutor as a tutor.
Defrauding our system or accessing them improperly means but is not limited to creating accounts, and/or adding money to them and/or using time from them in any manner other than by following our defined procedures for creating valid accounts and then receiving payments or allowing others to receive payments from them. Defrauding or accessing our system also means using the website and any of the West Indies Tutor software or online classrooms to extend sessions, conduct sessions or partial sessions that have not been authorised by West Indies Tutor, at the times not authorised by West Indies Tutor and with individuals who have not legitimately made payments to West Indies Tutor and/or legitimately registered with our website. Tutors must not directly receive payments from any individual or group by any means to offer tutoring or allow anyone to offer tutoring on West Indies Tutor.
8. Indemnification
You agree to indemnify, defend and hold harmless West Indies Tutor, its licensors, vendors, service providers, and each of its and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, “Indemnitees”) from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not necessarily limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of West Indies Tutor, unauthorized use of Content obtained on or through West Indies Tutor, breach or alleged breach of the terms of use herein, information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities or from any of your acts or omissions in connection with West Indies Tutor. These indemnity obligations shall survive any expiration or termination of your relationship with West Indies Tutor.
9. Modifications to the Service
We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.
10. Modifications of Terms of Use and/or Privacy Policy
West Indies Tutor reserves the right to revise or modify these Terms of Use or Privacy Policy at any time. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” link located at the bottom of the pages of the West Indies Tutor website. The most current version of the Terms of Use will supersede all previous versions. Any revisions made to either the Terms of Use or the Privacy Policy will be binding and become effective on each user that accesses or in any way uses West Indies Tutor subsequent to the posting of the revised agreement on the website. All attempts will be made to make users aware of any changes to the terms via a post on our website on the day of the changes. You agree to periodically review the current version of these Terms as posted on the site.
11. Tutoring Attachments
Your use of the West Indies Tutor site or services may involve the exchange of file attachments between you and a West Indies Tutor tutor or other users. West Indies Tutor is not responsible or liable for the content of such attachments, and such attachments may be viewed by other West Indies Tutor users, or by the public generally. You acknowledge sole responsibility for and assume all risk arising from your downloading any such attachments and posting such attachments. All users acknowledge and accept sole responsibility for ensuring any attachments downloaded or posted are free of viruses and other malicious software or content. West Indies Tutor does not monitor attachments and makes no guarantees as to whether any posted or downloaded attachments will be free from viruses or other harmful components. You therefore acknowledge and agree that you will be solely responsible for any damages to your property (including your computer system) or loss of data that results therefrom.
West Indies Tutor may permit users to upload content for the purpose of aiding others in the education and learning process. Users hereby represent and warrant that any Content posted on or through the Services will not breach the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any third-party. Users agree to pay for all royalties, fees, and any other monies owing to any third-party for any content provided by you to the Services.
12. User Content
Any materials, information, communications or ideas that you upload, communicate, post, transmit or otherwise make available or post to us, the site, the Tutors or the Services by any means (“User Content”) automatically grants and/or warrants that the owner has granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the “fair use” doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and that your instruction to our system to display a page or problem from your textbook is made for the sole purpose of facilitating your tutoring session, as a classic example of “fair use” under copyright law.
You agree that we may record all or any part of any Tutoring Sessions for quality control, investigation of service related issues and other purposes. We reserve the right to review the Tutoring Sessions for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of Tutoring Sessions and all comments that you may provide to us on or through the site, the Services or any other means, such as a part of user satisfaction or other similar surveys, and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.
13. Session Content
Tutors and students in tutoring sessions are solely responsible for controlling the language, images, videos, material and any activity during any session on West Indies Tutor’s website Westindiestutor.com (Also refer to the Prohibited Conduct section). West Indies Tutor is not responsible for any language, image(s), video(s), material or any activity or activities that are illegal, or may be offensive or deemed offensive in any way relating to or occurring in sessions between tutors and users or any individual or group using, viewing or listening to any of the tutoring sessions including the content of any attachments. All users and anyone viewing or listening to any sessions or any material related to any session(s) on or from Westindiestutor.com agree that West Indies Tutor or any of the West Indies Tutor owners will not be held responsible or liable for any such language, content or material.
Users acknowledge and accept that the delivery of tutoring sessions may vary from session to session and depends on the tutor, the students as well as the lesson plan and may not include the utilisation of all of the available video, audio and chat functionality in every session.
14. Linking Policy and False Affiliation
West Indies Tutor grants you the revocable permission to link to Westindiestutor.com provided, however, that any link (a) must not frame or create a browser or border environment around any of the content on West Indies Tutor or otherwise mirror any part the West Indies Tutor content; (b) shall not be construed or used to falsely imply and/or state that West Indies Tutor in any way sponsors, endorses or is otherwise directly affiliated with any third party (any party other than West Indies Tutor) (c) shall not be construed and must not imply that West Indies Tutor or the Services are directly affiliated with, endorsing or sponsoring any information, product, or service offered on or through the site or any third party or its products or services and said website further agrees to remove said hyperlink upon request from West Indies Tutor. (d) must not present false information about, or disparage, tarnish, or otherwise, in West Indies Tutor’s sole opinion, harm West Indies Tutor or its products or services; (e) must not use any West Indies Tutor trademarks without the prior written permission from West Indies Tutor and (f) must be to a website owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to a West Indies Tutor website, you agree that you do and will continue to comply with the above linking requirements.
West Indies Tutor does not control nor is it responsible for any content, advertising, services, products or materials offered on or available from other websites. A third-party site may have privacy policies or terms of service that differ from those of West Indies Tutor and as such, West Indies Tutor accepts no liability or responsibility for any interaction any User may have with or from other websites. Notwithstanding anything to the contrary contained in these Terms of Use, West Indies Tutor reserves the right to prohibit linking to any West Indies Tutor website for any reason in our sole and absolute discretion.
15. Account Registration, Obligations & Termination
To use the Services, in some instances you will need to register on the site, pay any applicable fees, and obtain an account, username and password. A parent or guardian may create an account for the benefit of a minor, but otherwise you may not create an account for anyone unless expressly authorized by the individual you are creating the account for. You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s), username(s) and password(s). You must notify West Indies Tutor immediately of any unauthorized use of your account(s), username(s) or password(s) and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account(s), username(s) or password(s), either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account(s), username(s) or password(s).
You may not sell or transfer your account(s), username(s) or password(s) to another person. You may not use anyone else’s account(s), username(s) or password(s) at any time without the permission of the account holder nor may you disclose your password or anyone else’s password to any third party. In cases where you have registered or authorised another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account(s), we reserve the right to provide access to your account(s) and all information contained therein to such minor’s parents, guardians or other authorized adults. For additional information on how we use your information, please see our Privacy Policy. Your obligations with respect to registration are described below.
In consideration of your use of the Services, you may not impersonate any other person or use a name that is not your own and you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms of Use. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof. You agree not to use the site, the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business or any form of work not affiliated with us without our advance written permission. West Indies Tutor has the right to terminate your account for any reason at our sole discretion without notice and without liability.
If you reside outside of Barbados, your registration indicates your explicit consent that any information you have provided may be transferred and stored in countries outside your home country—including Barbados. Any personal information shall only be used in accordance with our Privacy Policy.
16. Age and Residence Requirements
If you are under the age of majority where you live, you must review these Terms of Use with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. However, the Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject West Indies Tutor to any registration requirement within such jurisdiction or country. West Indies Tutor is based in Barbados. West Indies Tutor makes no representations or warranties that the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with Barbados’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
17. Purchase, Payment
When you book a tutoring session or select an online tutoring plan, we immediately charge your credit card or debit card or immediately charge based on whatever method of payment you use and you will have access to the session(s) with your tutor that corresponds to the option(s) you selected at checkout.
All payments for sessions must be made before the relevant session commences to gain access to the classroom. You
For partial payments, it is your responsibility to ensure any payment due is made on or before the due date, or it will result in the suspension of the associated membership plan and access to the relevant classroom will be restricted. West Indies Tutor is not obligated to make up for any session(s) missed due to a late payment.
18. Cancelling a Session
If you would like to cancel a session for any reason, you may do so by visiting the site, signing into your account and clicking the appropriate link. When you cancel a session(s), once it is done before the allowed cancellation period has passed you may reschedule if possible or take another session without any additional costs.
Please note that cancelling a session does not immediately result in a refund.
Please read Cancelling Sessions for additional information on cancellations and rescheduling.
Please refer to our Refund Policy section if you want to cancel your account and you have unused sessions.
19. Session Cancellation Policy
Session cancellations must be done before the scheduled start of the session with a tutor to avoid fees and forfeiting the session.
All efforts should be made to cancel sessions at least 24 hours in advance since cancellations after this time period will mean the slot will not be available for other students and can lead to disruptions to the schedules of the tutors affected as well as the West Indies Tutor operations.
You must cancel sessions from your account page. Where applicable for 12 week and other classes with planned ongoing schedules, your tutors must be made aware of any cancelled session(s) via phone/email for it to constitute a cancellation
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There shall be no penalty charged for a session cancelled before the scheduled start of the session.
- If a student fails to attend a tutoring session that was not cancelled before the start of the session, the full fee shall be charged for the session in question.
If an emergency situation (hospitalisations, accidents or other unavoidable circumstances) has lead to an unforeseen cancellation then you may email West Indies Tutor at customerservice@westindiestutor.com and any fees will be waived once the relevant documentation is provided.
Sessions cancelled by Tutors
Tutors who have to cancel sessions will work with students to re-schedule cancelled sessions and should make all efforts to cancel sessions at least 24 hours in advance. Any payment made will go towards the next scheduled make-up session which will be of equal length to the cancelled session. There will be no additional costs.
If for whatever reason a tutor misses a session without informing students of the cancellation then the tutor is obligated to give the student(s) a make-up session at no additional cost. Any payment for the session will be used to accommodate the scheduled make-up session which will be of equal length to the missed session. If any affected student is unable to agree on an appropriate time for a make-up session then the student may choose to have a session with another tutor of their choosing or the full rate per hour for the session will be refunded.
Tutors must contact students as well as West Indies Tutor with all session cancellation notices.
Customers, if there are any challenges or concerns with the process please contact customerservice@westindiestutor.com and the matter will be investigated to have a make-up session completed as soon as possibly convenient to attempt to minimise the disruption to the tutoring process. In the same way tutors can be inconvenienced it is recognised that customers can also be inconvenienced.
20. Late students or tutors
Late tutors
If a tutor is late for a session, then they are obligated to extend the session for a period of time equal to the time lost due to lateness. Alternatively if any student(s) cannot stay for an extended period then the tutor will coordinate to reschedule and make up for the time missed due to tardiness at the nearest time convenient for both the tutor and student.
Late students
Fees are calculated according to the times stipulated in the schedule and no adjustment shall generally be made for time lost because of the late arrival of any student.
If you realise you will be late for a session, all attempts should be made to inform the tutor, however just like a classroom setting, tutors are not obligated to extend any session for late students. Sessions incur a cost inclusive of the time dedicated to the tutor and therefore late sessions can cause inconveniences and be highly problematic. However, because we are a customer focused business, when possible in specific instances which are deemed critical by the tutor and West Indies Tutor, after consultation with the tutor, it lies at the sole discretion of West Indies Tutor to allow time to be made up at a time convenient to the tutor and student for up to 15 minutes to avoid disruption to any tutoring plan.
21. Refund Policy
If for any reason you decide you would like to cancel your account you can send an email to West Indies Tutor via the contact form or by emailing customerservice@westindiestutor.com. If you have any unused sessions at the point of cancellation you can request a refund equivalent in value to the remaining sessions. To ensure all necessary checks can be accurately conducted as quickly as possible to receive refunds, any refund requests must be made at the point of account cancellation.
Refunds may only be requested by and made payable to the customer who made the original payment. Where a credit/debit card was used to pay, the refund shall be made to the debit/credit card used to make the payment.
22. NO GUARANTEE:
West Indies Tutor makes every effort to ensure students are matched with skilled and qualified tutors to offer the best service possible. However, we will not be held liable or responsible for the academic success or lack thereof demonstrated by the student. Although, we endeavour to give you the finest possible service and shall do everything within our limit to help the grade and skill sets of students improve, we can offer no guarantee thereto. Success depends on the efforts of the tutor and the student combined as well as the amount of hours spent weekly over a period of months receiving tutoring in a particular subject area in addition to the degree of tutoring required based on the student’s development and level of understanding of any particular subject area.
23. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which West Indies Tutor excludes its liability to a User) the enforceability of any other part of these conditions will not be affected and shall be enforceable and may be enforced, as applicable, to the fullest extent of the law.
24. Relaxation of Terms
No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.
25. Governing Law
These terms and conditions and any agreement between West Indies Tutor and a User shall be governed by and interpreted in accordance with Barbados law and the courts of Barbados shall have jurisdiction to resolve any disputes related thereto.
26. Local Laws; Export Control
Recognising the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Barbados or the country in which you reside.
27. Entire Agreement
These terms and conditions, together with West Indies Tutor’s current prices, service details, contact details and privacy policy, set out the entire agreement between West Indies Tutor and any User with respect to the service provided by West Indies Tutor.
Nothing said by any person purporting to be acting on the behalf of West Indies Tutor should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of the service offered by West Indies Tutor. Save for fraud or fraudulent misrepresentation, West Indies Tutor shall have no liability for any such representation being untrue or misleading.
