Terms & Conditions

INTRODUCTION

Welcome to YorkTutors, your global IGCSE & A-Level learning platform.  The website as identified by the resource uniform locator www.yorktutors.com is provided by YorkTutors (United States), LLC as a tutoring platform. Your use of YorkTutors and entering into the Program are governed by the following Terms as applicable to the Website. These Terms are applied to all Tutors, Students, Parents/ Guardians and others who access and/or use this Website. If You transact on and/or use the Website, you shall be subject to this Terms of service By using the Website, you also agree that these Terms and Conditions constitute your binding obligations. For the use of these TERMS, "Our,” "We,” "Us” refers to YorkTutors.com. "You or Your'' refers to the User. In the event of a conflict between these Terms and any other terms posted on the Website, the terms of these Terms of Service shall govern, and in the event of a conflict between these Terms of Service and the End User License Agreement in mobile applications (the "EULA"), the terms of the EULA shall govern.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YORKTUTORS AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICES.

If you are accepting these Terms of Service and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant to YorkTutors that you have full power and authority to do so. YorkTutors may update or change these Terms of Service from time to time and recommends that you review the Terms of Service on a regular basis as posted on YorkTutors’ website. You understand and agree that your continued use of the Services after the Terms of Service have changed constitutes your acceptance of the Terms of Service as revised. The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the Services, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Services are licensed, not sold.

SERVICE OFFERED

YorkTutors is a platform that connects students, learners or parents to teachers (collectively or individually, "Tutors") providing teaching services ("Tutoring Services") with students seeking such services ('Students,' Learners or 'Parents'). The Tutors and Students are both users of the Services provided by YorkTutors and are hereinafter referred to collectively as USERS. 

YorkTutors solely provides a platform for Tutors and Students to connect and serves only as a medium to facilitate the provision of Tutoring Services. YorkTutors does not provide or contract for Tutoring Services, and Tutors and Students contract independently for the provision of Tutoring Services. Each Student is solely responsible for selecting the Tutors, the Tutoring Services to be provided and the country from which the Tutor originates. Any decision by a Student to receive Tutoring Services or by a Tutor to provide Tutoring Services is a decision made in such person's sole discretion and at their own risk.

OUR SOFTWARE

Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Site (the "Software").

You may use the software solely for purposes of enabling you to use and enjoy our services as permitted by the Terms and Conditions and any related applicable terms as available on the Site. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing you service, and we may terminate your right to use the Software at any time.

Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of the Terms of Service listed here or across the Site. Additional third-party terms contained within the Site or distributed as such that are specifically identified in related documentation may apply and will govern the use of such software in the event of a conflict with these Terms and Conditions. All software used in any of our services is our property and/or our affiliates or its software suppliers and protected by the United States laws including but not limited to any other applicable copyright laws.

When you use the Site, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to separate policies, terms of use, and fees of these third parties. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our software whether in whole or in part, or create any derivative works from or of the Software.

By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company's business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.

No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.

ACCOUNT CREATION & REGISTRATION PROCESS

Account Confidentiality

When using the website, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device and you shall not assign your account to anyone.

Indemnity

YorkTutors is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. YorkTutors may refuse or cancel service, terminate your account, and remove or edit content without any prior notice.

Minors

YorkTutors does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the website and may not enter into the Terms under any circumstances.

TUTOR AGREEMENT

This is a legal agreement between you ("Independent Tutor”) and YorkTutors, LLC (YorkTutors). The parties expressly herein agree to transact and enter into this Agreement by electronic means within the meaning of the Uniform Electronic Transactions Act (UETA) Minnesota Statutes, Chapter 325L. Once a tutoring service has been requested, you consent to the following: 

Service

You (Independent Tutor) agree that YorkTutors provide an Internet-based platform for students/ learners to identify and retain the services of tutors/teachers. By accepting to enter into this Agreement, you seek permission to access YorkTutors’ website subject to the terms of service set forth in this Accord.

Independent Contractor

You acknowledge that YorkTutors DOES NOT directly or indirectly engage You to render any services whatsoever and that any engagement of Your services through our Site is undertaken exclusively by the student/learner who has chosen You through the Site to provide tutoring services. Neither the Terms & Conditions in this Agreement nor use of the Site creates an independent contractor, employee/employer, partnership, joint venture, or franchisor-franchisee relationship between You and YorkTutors. 

Your Role

Your acknowledge that you are an independent business providing tutoring services and not an independent contractor of YorkTutors or YorkTutors’ employee for any purposes, including, without limitation, the application of the overtime provisions, Fair Labor Standards Act of minimum wage and or any similar state law, the Social Security Act, any State Workers' Compensation Laws, any State Income Tax Law, Federal Insurance Contribution Act, the Federal Unemployment Tax Act, the Provisions of the Internal Revenue Code, or any Local Income Tax law, any State Unemployment Insurance Law, and any other Federal or State Law.

Your Rights

You agree that this Agreement is nonexclusive, and You are free to engage in and simultaneously perform any employment or other services during the pendency of this Agreement. You may not advertise or offer to sell any goods or services for any commercial purpose on the Site that are not relevant to providing the services described herein.

Scheduling

You shall set Your own hours and schedule Your own sessions with Your Students. You exclusively determine and adjust your session rate. You consent to pay a fee for the use of the YorkTutors platform and authorize YorkTutors to deduct the Fee directly from Your payments YorkTutors collects on Your behalf. The Fee shall be a percentage of the amount paid by Your student to YorkTutors. The percentage shall be as set forth in the Payment Policy.

Taxes

You are responsible for all State, Federal, and/or Local Taxes due as a result of the services You provide to Your students. Neither State, Federal, nor Local Income Tax, nor Payroll Tax of any form shall be withheld by YorkTutors on Your behalf. You understand that it is Your responsibility to pay any applicable State, Federal, and/or Local Taxes.

Benefits

You acknowledge that You are engaged in an independent business and not as an employee, and are not eligible to participate in any health, pension, or other fringe benefits plan of YorkTutors. No Workers' Compensation Insurance shall be obtained by YorkTutors on Your behalf. You understand that it is Your responsibility to comply with the Workers' Compensation Law.  You further understand that it is Your responsibility to obtain any other insurance coverage applicable to the services offered on Our Site.

Privacy Agreement

You agree that, during service to your students/learners, you may have access to information relating to their address, identity, contact information, and other personal information. You, therefore, agree that You owe a duty to Students, during the term of this Agreement and thereafter, to hold all such Confidential Information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out the services consistent with this Agreement. All communication with your students must take place through YorkTutors’ messaging system. Do not exchange personal email addresses with your students.

Academic Dishonesty

You agree not to use the platform to engage in academic dishonesty activities such as writing papers, completing assignments, taking tests on someone’s behalf, or work completion in violation of conduct policies of a university, school, academic institution or workplace) or other misconduct involving a Student.

YorkTutors Rights

YorkTutors reserves the right to deactivate Your tutor account for any of the following reasons:

  • Your material breach of this Agreement, Your violation of the YorkTutors Terms & Conditions or Payment Policies, or misuse of the Site.
  • YorkTutors’ good faith belief of Your misappropriation of Students from the Site for Your own pecuniary gain.
  • YorkTutors’ good faith belief of entry of conviction of any felony or a restraining order or misdemeanor involving sexual conduct, violence, conduct involving a minor, fraud, abuse, endangerment or larceny.
  •  Independent Tutor’s failure to cooperate in good faith to resolve a Tutor Student’s complaint or excessive complaints.
  • Your repeated failure to respond timely to direct contacts through Your account.  
  • For any other reason on thirty days written notice to You.  

STUDENT AGREEMENT

This is a legal agreement between you ("The Student/ The Parent”) and YorkTutors LLC (YorkTutors). The parties expressly herein agree to transact and enter into this Agreement by electronic means within the meaning of the Uniform Electronic Transactions Act (UETA) Minnesota Statutes, Chapter 325L. Once a tutoring service has been requested, you consent to the following: 

SERVICE

You (Student/Learner) agree that YorkTutors provide an Internet-based platform for students/ learners to identify and retain the services of tutors/teachers. By accepting to enter into this Agreement, you seek permission to access YorkTutors’ website subject to the terms of service set forth in this Accord.

INDEPENDENT CONTRACT

You acknowledge that YorkTutors DOES NOT directly or indirectly engage Tutors to render any services whatsoever and that any engagement of Tutor services through our Site is undertaken exclusively by the student/learner who has chosen a Tutor through the Site to provide tutoring services. Neither the Terms & Conditions in this Agreement nor use of the Site creates an independent contractor, employee/employer, partnership, joint venture, or franchisor-franchisee relationship between You and YorkTutors. 

PRIVACY AGREEMENT

You agree that, during service to your students/learners, you will have access to your Tutor’s information, and other personal information. You, therefore, agree that You owe a duty to Tutors, during the term of this Agreement and thereafter, to hold all such Confidential Information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out the services consistent with this Agreement. All communication with your Tutors must take place through YorkTutors’ messaging system. Do not exchange personal email addresses with your Tutors

YORKTUTORS RIGHTS

YorkTutors reserves the right to deactivate Your tutor account for any of the following reasons:

    • Your material breach of this Agreement, Your violation of the YorkTutors Terms & Conditions or Payment Policies, or misuse of the Site.
    • For any other reason on thirty days written notice to You.  

PAYMENTS POLICY

A valid credit card or an active PayPal account is required for making payments when a lesson or a gift card is purchased. All Sales are final, and no refund shall be issued.

All payments made EXCLUSIVE of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes”).

ACCOUNT RECHARGE

Students must fund their wallets to book lessons on the platform and be aware of finance/platform costs, that are for their account, charged by the merchant they choose to pay with.

LESSON ATTENDANCE

Students must attend booked classes and a "no show” will be billed for should the student not inform the tutor and reschedule prior to the class commencing. The student may recruit friends to attend group classes with them if it is arranged with the tutor.

In case of reschedule, you shall notify the teacher no later than 24 hours prior to the start of a lesson

PROHIBITED

Students must NOT solicit private lessons off the platform with tutors. Additionally, no personal information shall be shared/ exchanged.

REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must abide by the following criteria:

    • You should have first-hand experience with the person/entity being reviewed.
    • Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
    • Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
    • Your reviews should not contain references to illegal activity.
    • You should not be affiliated with competitors if posting negative reviews.
    • You should not make any conclusions as to the legality of conduct.
    • You may not post any false or misleading statements; and
    • You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

TERMINATION

The Company may terminate your access and account to the website and its related services or any part at any time, without notice, in case of your violation of the Terms.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and YorkTutors.com as a result of this agreement or use of the Site. YorkTutors’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of YorkTutors’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by YorkTutors’ with respect to such use. 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect.

 Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and YorkTutor with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and YorkTutor with respect to the Site.

 A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

DISPUTE RESOLUTIONS & LAWS

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us through our website.

We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority. 

WAIVER

You agree and acknowledge that we are a private business enterprise and reserves all rights to conduct operations in a manner we consider important and fit for our operations. You also understand that if you violate these terms of use stated on our Site and we take no action against any acts leading to the breach, we still have the jurisdiction to exercise our rights and remedies in any situation where these conditions are violated by you.

INTERNATIONAL USERS

The Service is controlled, operated and administered by YorkTutors from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the YorkTutors Content accessed through https://yorktutors.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

THIRD PARTY

You will be able to connect your YorkTutors account to third party accounts. By connecting your account to a third party’s, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

INDEMNITY

You shall indemnify and hold harmless YorkTutors as owned by YorkTutors LLC, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release YorkTutors as owned by YorkTutors LLC and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the sellers or other service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

UPDATES TO TERMS OF SERVICE

The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you check the website frequently to see the actual version of the Terms and their previous versions.

If you represent a legal entity, you certify that you are entitled by such a legal entity to conclude the Terms as the legal entity you represent. 

CONTACTING US

If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services We offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone.

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, please contact us by mail at  compliance@YorkTutors.com or through regular mail to:

YorkTutors, LLC

Attn: Compliance Officer

 3RD ST NE, SUIT 302

SAINT PAUL, MN 55112