(Last updated 10/5/17)
The Web site and Services are provided by Digital World for Online Education Limited d/b/a TuteMe, a Jordanian free zone limited company.
References to “Dispute” mean any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.
References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these Terms because of that breach.
References to the “Services” mean any and all services offered by us, including but not limited to the provision of a Tutoring Services marketplace.
References to a “Tutee” mean any person or entity who accepts a Tutor’s offer of Tutoring Services and promises to pay therefor. References to a “Tutor” mean a seller of Tutoring Services who advertises the same for sale via the Web site.
References to “Tutoring Services” mean remote-based tutoring services provided by Tutors to Tutees across a wide variety of disciplines, including but not limited to IB, IGCSE, AP, and SAT tutoring.
References to “us,” “we,” “our,” and/or “TuteMe,” mean Digital World for Online Education Limited d/b/a TuteMe.
References to the “Web site” mean the Web site bearing the URL www.tuteme.com as well as any other Sites owned and/or operated by us under the TuteMe brand.
References to “you,” and/or “User” mean the User of the Web site and/or Services, whether as a Tutor or Tutee.
1.2. Agreement to be Bound.
2.1. About Us; TuteMe not Vendor; No Endorsement.
TuteMe acts as a marketplace to allow Users to buy and sell Tutoring Services. As an online marketplace provider, we do not offer for sale, provide, endorse, or promote any Tutors and/or Tutoring Services, and we have no control over the quality, safety, morality, or legality of any aspect of any Tutoring Services listed for sale, the truth or accuracy of the listings, the ability of Tutors to provide Tutoring Services, the identity of any Tutor or Tutee, or the ability of Tutees to pay for items purchased. We do not and cannot ensure that a Tutor or Tutee will actually complete a transaction. If you rely on any of the information provided by or on the Web site or the Services, you do so solely at your own risk.
You acknowledge and agree that we do not sell or purchase, offer to sell or purchase, invite to sell or purchase, or make or solicit any offers for Tutoring Services. IN ALL INSTANCES EXCEPT WHERE NOTED ON THE WEB SITE, ALL SALES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, AND DELIVERED BY TUTORS WITH WHOM A TUTEE DIRECTLY CONTRACTS. AT NO TIME WILL A BUYER/SELLER RELATIONSHIP EXIST BETWEEN US. In all instances, any solicitation, invitation, offer, advertisement, or communication is void where prohibited by law.
2.2. Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available on the Web site or the Services is not accurate, complete, or current. You acknowledge that the Web site and the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. You acknowledge further that any reliance on the Web site or the Services is at your own risk.
2.3. Errors in Web Site or the Services.
We do not warrant that any errors in the Web site or the Services will be corrected.
2.5. Modifications and Changes to the Web Site or the Services.
We may modify, add to, suspend, or delete any aspect of this Web site or the Services, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions, or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
2.6. Access to Web site or the Services.
Though we try to make the Web site and the Services available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Web site or the Services will be at all times available.
We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Web site or the Services.
2.7. Right of Refusal, Limitation, Discontinuation, and Termination.
We reserve the right to refuse to provide access to the Web site or the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel a User Account for any reason whatsoever. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data, deleted as a result of the Account termination.
2.8. Prohibited Uses of Web site and the Services.
In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Web site or the Services: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Web site or the Services; (c) to violate any international or governmental regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web site or the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web site or the Services. We reserve the right to terminate your use of the Web site or the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
3.1. Online Accounts.
3.2. Transfer Prohibited.
You agree you shall not sell, trade, or transfer your Account to any other person or entity.
3.3. Account Guidelines.
The Web site and the Services may contain the ability to communicate with other Users on one or more platforms, comments sections, discussion forums, Web sites, landing pages, social media outlets, sales channels, and/or other interactive features, (hereinafter "Interactive Areas,”) in which Users and third-parties may communicate. By participating in Interactive Areas, you agree and acknowledge that you:
Users agree further and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
3.4. Rights in Submissions.
Should you submit, display, publish or otherwise post any content to an Interactive Area, (hereinafter “Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.
You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any person or entity.
3.5. Right to Monitor.
We shall have the right to monitor your Account in our sole and exclusive discretion.
4.1. Unauthorized Business.
In addition to the forgoing prohibited uses, our Services and the Web site may not be used by a Tutor to cause us to sell on his, her, or its behalf any of the following Tutoring Services, goods, or other services, (hereinafter “Unauthorized Business:”) (a) sale of adult goods or services; (b) sale of products or services in the following sectors: gambling, securities, insurance, pharmacy, drugs, arms and weapons or other highly-regulated sectors; or (c) for sales of illegal goods or services, which shall include but not be limited to illegal software or illegal downloads such as music, films, or games.
4.2. Liability for Chargebacks; Revocations; Refunds.
Tutor shall be solely responsible for refunds, chargebacks, revocations, reversible payments, or payments that are fraudulent or otherwise unauthorized, and we shall have the right to collect from Tutor any and all fees associated therewith.
4.3. Compliance with all Terms of Sale.
All sales shall be binding. Tutor agrees and acknowledges that he, she, or it, and not us, shall be solely responsible for delivery of the Tutoring Services to Tutees and that a contract for sale arises at the point where a Tutee utilizes the Web site or the Services to purchase Tutoring Services. Every sale shall be subject to the laws applicable, but there shall not be implied any right that is not a legal right and that is not set down in these Terms.
4.4. Tutor Warranties; Restrictions.
In addition to the Unauthorized Business and prohibited uses of the Web site and the Services set forth herein, Tutor warrants that any and all Tutoring Services sold to Tutees (a) are not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party; and (b) do not offend against the law of any country whose citizens might purchase the Tutoring Services. Tutor warrants further that he, she, or it owns all copyrights, trademarks and other intellectual property related to any Tutoring Services made available via the Services, or that Tutor has the permission of the intellectual property rights holder (a) to place the Tutoring Services and all related tutoring materials (such as coursework, handouts, and study materials) in to the stream of commerce; (b) to receive the net proceeds of such sales as arise; and (c) to defend the intellectual property in the Tutoring Services. Finally, Tutor warrants and represents that he, she, or it has all licenses and authorizations required for performance of these Terms. Upon our request, Tutor shall provide us with sufficient documentary evidence of such authorization or waiver. We are not obliged to require such documentary evidence, and the fact that we have not requested such documentary evidence shall not be deemed in any way as a statement as to whether or not such authorization or waiver is required.
4.5. Listing Description; Availability.
By listing Tutoring Services for sale Tutor must accurately describe the Tutoring Services, all terms of sale, and Tutor’s availability. Tutor’s listings may only include text descriptions, graphics, pictures, and other content relevant to the sale of those such Tutoring Services and must be listed in an appropriate category with appropriate tags. Tutor is solely responsible for ensuring a calendar of availability is accurately maintained and updated.
4.6. Ethical Selling Tactics Required.
Tutors shall utilize ethical selling tactics when promoting any and all Tutoring Services, including refraining from the making of false and/or misleading statements regarding the Tutoring Services and/or Tutor. Tutors expressly agree to conduct themselves at all times in an ethical, moral, and lawful manner.
4.7. Compliance with Law.
In addition to the other requirements to comply with laws, regulations, and terms set forth herein, Tutors agree to obey any and all local, state, and federal regulations and laws regarding solicitation and services sales.
4.8. Freedom of Promotional Methods.
Notwithstanding the forgoing, Tutors shall be free to choose on which social media platforms and through such other mediums and sales channels they promote the Tutoring Services, including the ability to choose his, her, or its own operation means, methods, locations, and hours.
4.9. Right of Refusal.
Tutor may refuse to sell Tutoring Services to any Tutee for any or no reason whatsoever so long as such a refusal does not violate any law, rule, or regulation.
4.10. Policies, Terms of Sale Required.
4.11. Verification of Tutors.
All Tutors wishing to offer Tutoring Services via the Site and Services shall be required to verify their identities to our satisfaction and the satisfaction of our escrow service. This may include but is not limited to providing proof of identity (such as via a passport or other photo-bearing piece of identification) and residence (such as via a current utility bill.) In addition, Tutors may be required to pass examinations that show proficiency in the subject matter in which the Tutor desires to tutor. Notwithstanding the forgoing, TuteMe does not bear any responsibility and cannot be held liable for the verification or non-verification of a User’s identity or for any Tutor who is not proficient in the subject matter of the Tutoring Services to be provided.
4.12. Chargebacks; Revocations; Refunds.
If, in a given month, an unreasonable amount of Tutee complaints are made about the quality of Tutor’s Tutoring Services, including but not limited to (a) cancellations, (b) quality of Tutoring Services, and/or (c) improper description of Tutoring Services, we reserve the right to charge an amount per such incident of Tutee complaint related to the Tutoring Services for the rest of that month, (hereinafter an “Extra Charge.”) “Unreasonable amount of Tutee complaints about the quality of the Tutor’s Tutoring Services” shall mean that in any period of one (1) month more than three (3) Tutees complain about the quality of Tutor’s Tutoring Services. We shall, without delay, give notice to Tutor of the fact that the conditions for an Extra Charge are fulfilled and that we shall be charging the Extra Charge for the rest of that month, and provide documentation on the fulfillment of the conditions for an Extra Charge to Tutor.
4.14. Withholding of Funds.
Where we, in our reasonable opinion, are required to do so by law, we reserve the right to withhold funds for Tutoring Service sales that we reasonably deem suspicious with regard to money laundering, Unauthorized Business, fraud or other illegal activities or in case of any other chargebacks or revocations.
When you create your Account, you shall have the opportunity to designate a deposit account into which you wish to be paid out. Once funds for the purchase have cleared our payment processor, they shall be available for withdraw to your designated deposit account.
You may view all pending transactions, settlement data, fees, and revenues via your Account. Except as required by law, you shall remain solely and exclusively responsible for retaining permanent records of all transactions processed via our Service(s).
4.16. Responsibility for Accurate Pay Out Information.
You agree to provide current, complete and accurate deposit account information for payout. You agree to promptly update your account and other information, including your address, email address and bank account information, so that we can complete your transactions and contact you as needed.
4.17. Payout Schedule.
Funds shall be available for withdraw to your designated deposit account once they are cleared from the escrow services. Generally, funds shall be available for withdraw automatically after completing 10 successful sessions; however, you can manually request to withdraw to your designated deposit account only after completing 48 hours from last session time. We are not responsible and accept no liability for any delay of payment. To inquire about a payout schedule for any particular transaction, please first contact the payout partner, followed by TuteMe customer support.
4.18. Right to Set-Off; Collection Rights.
We are entitled to set-off any and all claims against amounts payable to Tutor. In addition, to the maximum extent provided by law, we may collect any and all obligations due and owing by you to us by deducting them from your pending transactions in the deposit account. Fees shall be assessed at the time of transaction processing and will be deducted from the funds received. Your failure to pay all amounts due and owning shall be deemed an immediate breach of this Agreement for which you will be liable. You further agree to pay all fees and costs, including but not limited to attorneys’ fees and costs, incurred by or on our behalf arising from or related to the collection of any unpaid obligations by you.
4.19. Payment of Taxes.
Tutors shall be responsible for paying any and all taxes applicable to any sales of items facilitated by the Web site or the Services, excluding any taxes on TuteMe’s own net income.
4.20. Cancellations and Ratings.
In the event of a cancellation or no-show of a scheduled tutoring session by Tutor with less than forty-eight (48) hours’ notice, Tutor understands and accepts that Tutor’s punctuality rating on the Services may be lowered.
5.1. Sale Prices.
The prices and the terms of payment for Tutoring Services are displayed at all times on the Web site, including at the point of purchase and may vary according to the specific Tutor and subject matter of the Tutoring Services. Tutees are responsible for the payment of any local VAT and/or other taxes that may apply to an order.
5.2. Payment Method.
Purchases for Tutoring Services may be made using credit/debit card and shall be held in escrow until both parties confirm that the applicable tutoring session has occurred.
5.3. Cancellations; Refunds.
Previously-scheduled tutoring sessions may be cancelled by Tutee and Tutor at any time. Refunds for such cancellations are as follows: (1) Cancellation by Tutor = full refund (one hundred percent (100%)) to Tutee; (2) Cancellation by Tutee with more than forty-eight (48) hours’ notice = hundred percent (100%) refund to Tutee; (3) Cancellation by Tutee with fewer than forty-eight (48) hours’ but more than twenty-four (24) hours’ notice = seventy-five (75%) refund to Tutee (3) Cancellation by Tutee with fewer than twenty-four (24) hours’ notice = Fifty (50%) refund to Tutee. Please note that refunds may take up to thirty (30) calendar days to process and appear on Tutee’s credit card.
6.1. Intellectual Property Rights Not Waived.
Furthermore, all material displayed or transmitted on this Web site and the Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, (hereinafter “Materials,”) are owned by us and are protected by Jordanian and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Web site or the Services, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on this Web site and/or the Services for personal, non-commercial use only, provide that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on this Web site or the Services without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to firstname.lastname@example.org.
You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any Third Party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User's personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions, and the like relating to TuteMe or its initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by Third Parties, or independently-developed or considered by us, shall be without obligation to you.
6.3. Grant of License.
6.4. Confidential Information of Tutees and Tutors.
7.1. Third Party Advertisements and Promotions.
We may, from time to time, run advertisements and promotions from third parties on the Web site or the Services. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Web site or the Services.
7.2. Use of Third-Party Tools.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Web site or the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
7.3. Third-Party Links.
Certain content, products, and services available via our Web site or the Services may include materials from third-parties.
Third-party links on the Services may direct you to third-party Web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or Web sites and/or services, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party with whom you connect via the services. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8.1. Disclaimer of Warranty; Limitation of Liability.
(A) YOU AGREE THAT USE OF THE WEB SITE AND the Services IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE use of the Web site or the Services SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE or the Services OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.
(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE WEB SITE AND the Services ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEB SITE or the Services.
(D) IN NO EVENT SHALL WE, OUR EMPLOYEES, SUBSIDIARIES, PARENTS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AND MEMBERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, personal injury or death, property damage, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE or the Services, ANY INTERACTIONS WITH A TUTEE OR TUTOR, AND/OR ANY TUTORING SERVICES PURCHASED VIA THE WEB SITE or the Services.
(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY utilizing THE WEB SITE AND THE SERVICES YOU ACKNOWLEDGE AND AGREe TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE WEB SITE or the Services.
(F) TuteMe'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF TuteMe’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND TUTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO TUTEME IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, employees and agents.
You agree to defend, indemnify and hold us harmless, as well as our affiliates, vendors and respective directors, officers, Users, and agents, from and against all claims, SUITS, and expenses, including attorneys' fees, arising out of OR RELATED TO (a) YOUR USE OF THE WEB SITE AND/OR the Services; (B) your noncompliance with or breach of this Agreement; (C) your use of third-Party SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; or (E) the unauthorized use of the Web site OR the Services by any other person using your information.
10.1. Governing Law.
These Terms shall be governed and construed in accordance with the laws of Hashemite Kingdom of Jordan without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Jordan, and any cause of action that relates to or arises from these Terms, the Web site, or the Services must be filed therein unless subject to the binding arbitration provisions of Section 9.2, infra.
Any and all claims and disputes arising under or relating to this Agreement, except for those matters which may cause immediate, irreparable injury and for which an injunction or appropriate, are to be settled by binding arbitration in Jordan and pursuant to the UNCITRAL urles for commercial disputes. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the software services industry and shall include a written record of the arbitration hearing. The Parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. No claims and disputes arising under or relating to this provision may be brought by a party more than one (1) year after the event giving rise to the cause of action has occurred or should diligently been discovered. Notwithstanding the forgoing, the parties shall be free to bring a request for injunctive relief before a court of competent jurisdiction in the event of immediate and irreparable harm.
10.1. Customer Service.
Should you have any questions, comments or concerns regarding the Web site or the Services, customer service may be contacted at any time via email@example.com. We strive to return all customer service inquires within forty-eight (48) business hours. We may also be contacted via telephone at +962 6 5104203 between the hours of 8 a.m. and 5 p.m. Jordan Time, Sunday through Thursday.
10.2. Affiliate Disclosure.
We may have an affiliate relationship with third-parties and affiliates to whose products and/or services we link and promote through the Web site and/or the Services. Because of this relationship we may earn a commission on products purchased by a User from a third-party affiliate.
Tutors expressly recognize the valuable service provided to them by TuteMe and, therefore, expressly agree to not-circumvent this agreement and/or otherwise seek to conduct their relationship via any means other than through the Web site or the Services for a period of two (2) years following the commencement of the Tutor/Tutee relationship. In the event this provision is breached Tutor and Tutee agree that they shall jointly and severally be liable for any and all lost fees for the duration of this non-circumvention period, calculated as the average monthly fee earned by us based on the sales of the Tutoring Services between the Tutor/Tutee over a period of the previous twelve (12) months multiplied by the remaining term of the non-circumvention period, pro rata.
Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.
10.6. Force Majeure.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
10.8. Rights of Third Parties.
These Terms do not give any right to any third party unless explicitly stated herein.
10.9. Relationship of the Parties.
The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Except as explicitly stated otherwise, any notices shall be given by postal mail to TuteMe, Elite 1 Sports City, Dubai, United Arab Emirates, and in the case of any User, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three (3) calendar days after the date of mailing.
10.12. Effective Date.