1.1. Terms of Service
These Terms of Service (hereinafter - the “ToS”) describe the terms and conditions applicable to your access and use of the website and the website software related mobile device application made available through or in connection with the “Service”. The We Teach English website means www.Weteach-English.com and its sub-domains (the “Website”) and is a website intended to be used by students (and/or their parents) and tutors in connection with the Services.
Our platform is designed to pair students and parents, searching for tutors, with tutors, for online and group lessons, and for Companies searching for tutors to teach its employees, other services and features available through the Website and any We Teach English related mobile device application (the “Software”), and We Teach English Blog and its applicable features, including article(s) writing and commenting (the “Blog”), collectively - the “Services”.
Use of the Services of We Teach English (as defined above) is subject to these Terms of Service (the “Terms”) and any other rules or policies that are published on the Website.
You agree that by using Services and providing the respective consent, you are agreeing to enter into a legally binding contract with We Teach English and indicate your unconditional acceptance of these Terms, on your own behalf and, if you are a representative/parent/legal guardian, on behalf of the person/child represented by you, that uses our Services.
1.2. Services of We Teach English
You may be accessing and using the Website, Service and Software of We Teach English as (i) a Student, (ii) a Parent, (iii) a Tutor, (iv) simply using the functionality, including that of the Blog, and/or reviewing the content, that is publicly available on the Website. Throughout these Terms “you” or “your” may refer as applicable to the Student, the Parent, each Tutor and Company accessing or using any of our Services (each the "User").
Through our Website, Services and Software, we enable Students/Parents and Companies to connect with Tutors, who provide live, group, tutoring and learning services. The Services are available 24/7 and 365 days of a year.
Companies enrolled in We Teach English Enterprise are provided with a report , which is displayed on the Dashboard to monitor their Employees’ (Students) language learning performance.
1.5. Amendments to these Terms
2.1. Services Eligibility
We Teach English Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a Parent/Legal Guardian. In this case, the Parent is responsible for any and all activities of the Student.
As part of the Services, we require all Tutors to pass a verification, which confirms the validity of Tutors' ID (passport, driver’s license etc.) and claimed educational credentials (educational background documents, as diplomas, certificates etc.). The Tutor has to upload a copy of his ID and educational document(s) into his profile.
We may not control and are not responsible for any information provided by any Tutor with the aim of such verification. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the verification or Tutors themselves.
We Teach English cannot confirm that each User is who they claim to be. You agree and understand that you assume all risks when using the Services, including without limitation any and all of the risks associated with any online or offline interactions with other Users.
WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH TUTOR ON OUR WEBSITE IS A LEGITIMATE INSTRUCTOR, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OF TUTORS AND THE INFORMATION THEY PROVIDE VIA OUR WEBSITE. WHEN INTERACTING WITH OTHER USERS YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON’T KNOW. NEITHER WE TEACH ENGLISH NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. WE TEACH ENGLISH AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
We Teach English may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“Consumer reports”). We Teach English does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. We Teach English does not independently verify information in the consumer reports.
You hereby consent to We Teach English collecting, using and disclosing the information in the consumer reports. You understand and agree that We Teach English may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that We Teach English shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. We Teach English reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in We Teach English 's sole discretion.
We Teach English strives to ensure clear understanding of financial relations between Students and Tutors with respect to the Services we provide. In case you are not satisfied with the Services or any other reason applicable you may be eligible for a refund in accordance with the terms outlined in the Refund and Payment Policy on the Website. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only.
Companies using We Teach English’s Services are not eligible for refunds. Funds may be reallocated between Company employees (Students) in the event that a Company deems an employee no longer eligible for We Teach English ’s Services, or in the case where a Company Employee (Student) elects to change tutors.
- RIGHTS AND LIMITS
3.1. Your License to We Teach English
In case you are a Student, We Teach English hereby grants to you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Services and the Software solely for your non-commercial, personal use and subject to the policies and restrictions that we post on our Website from time to time.
In case you are a Tutor, We Teach English hereby grants to you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Services and the Software solely for the delivery of your personal services to your clients (i.e. Students) and subject to the policies and restrictions that we post on our Website from time to time.
You agree not to view, copy, or procure content or information from the Website and Software by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Website and Software (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by We Teach English under separate written agreement.
No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without We Teach English 's prior written permission or as expressly provided in these Terms.
Where you purchase a subscription or a license to access the Services, you may not share that subscription or license with others.
We Teach English may impose reasonable limits on your scope of access to the Services, including limits on time or number of information accessed or devices used to access such Services, to prevent unauthorized third party access to or use of the Services.
All rights not expressly granted herein are reserved.
3.2. Your Account
Certain of our Services are reserved for registered users on our Website. To become a registered user you must register on our Website for login credentials to be provided or enabled by We Teach English (“Login Credentials”) based on the type of access applicable to your use of the Website (whether Student or Tutor). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken.
You may use the Blog and its features without a registered user status. This shall not preclude the application of these Terms and other We Teach English ’s applicable documents to your use of Blog, in particular when you submit your article(s) or leave comment(s) on the Blog.
You may not (i) create more than two accounts (one as a Tutor and one as a Student) to access the Website, (ii) share your Login Credentials with any third party nor (iii) transfer your account to any third party. We Teach English is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You agree that you shall not rent, resell, or remarket the Website, or provide access to the Services to any third party. We are not responsible for losses or damage caused by your failure to safeguard your login and password. We Teach English may terminate any Login Credentials in its sole discretion; You will not be entitled to create a new account to access the Website if your prior Login Credentials have been terminated by We Teach English .
You may delete your account/profile at any time. In case you are not using your We Teach English account or profile for more than 90 (ninety) days following the last payment (and held no lessons (no scheduled and no confirmed for the last 90) and/or received no payment), it will be considered expired and gets deactivated and your remaining balance will be expired. Any remaining balance will be irreversibly lost and nonrefundable.
Companies enrolled in We Teach English Enterprise whose Employees (Students) have not used their We Teach English account for more than 90 (ninety) days following the last payment (and held no lessons (no scheduled and no confirmed for the last 90) and/or received no payment) will have their balance expired . Any remaining balance will be irreversibly lost and nonrefundable.
3.3. Direct Interactions
We Teach English does not take part in direct interactions between Students and Tutors.
Other than providing the platform for Students, Parents and Tutors to connect, We Teach English may automatically monitor the interactions between Users only in case:
- We may find the content posted by Users on the Website doubtful or infringing rights of other Users, but We are not obliged to do so;
- We may need to improve our Services.
We Teach English does not have control over transactions between Users except the situations when We Teach English shall regulate the payments and refunds made by Users as stated in our Refund and Payment Policy. We Teach English does not control any reviews or ratings provided by Users, nor of the actions or omissions whatsoever of any User.
Students acknowledge and agree that Services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire Tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
We Teach English expressly disclaims any liability or claims that may arise between Users of its Services. You are solely responsible for your interactions with all other Users and any disputes that arise from those interactions with other Users. We Teach English is not obliged but may monitor disputes between Users.
Because We Teach English is not responsible for or involved in any contact between Students, Parents and Tutors or in the assessment or provision of Tutor Packages, in the event that you have a dispute with one or more Users, you hereby release We Teach English (and our officers, directors, agents, investors, subsidiaries, employees, contractors and any other third parties related to the Services) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
3.4. Representations and Warranties
If you utilize the Services as a Tutor, (i) You represent and warrant that for each provided Tutor Session or a Tutor Package you have the right to provide services contained in such Tutor Session or a Tutor Package for the purposes of this Agreement and that you are capable of fulfilling any offers contained in such Tutor Session or a Tutor Package; (ii) You warrant that you will keep all your Tutor Packages up to date on the Website by notifying We Teach English of any changes that would affect the accuracy of such Tutor Packages; (iii) You hereby grant to We Teach English and its Users, the right to view and distribute your Tutor Packages without restriction and you acknowledge that your Tutor Packages may be widely disseminated and viewed by large
numbers of people; (iv) You acknowledge and agree that We Teach English may display advertisements on the Services in connection with your Tutor Packages without any payment obligation to you; (v) You agree to use good faith efforts to coordinate how you will interact with Student online for the Tutor Sessions.
If you utilize the Website as a Student or Parent, (i) You agree to honor the commitments you make to the Tutor via the Website; (ii) You agree that you will not circumvent or manipulate our fee structure, the billing process, or fees owed to We Teach English or the Tutor; fail to deliver payment for items purchased by you from the Tutors; and (iii) You agree to use good faith efforts to interact with Tutor online for the Tutor Sessions.
You acknowledge and agree that, from time to time, We Teach English may record videos of your lessons. This recording is intended solely for the purpose of ensuring the quality of We Teach English services. Recordings will not be shared externally, used for individual targeting, or used for any sales, marketing, or other promotional purposes.
By using We Teach English services, you agree and give consent for such recordings that is gratuitous, unsolicited, and without restriction. You agree that We Teach English may use these recordings without fiduciary, or other obligation, and without any additional compensation.
While using the Services, you agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, tax laws etc.;
- Provide accurate information to us and keep it updated;
- Use the Services and Website in a manner that is lawful, relevant and proper to the applicable laws.
Any use of the Website that We Teach English , in its sole discretion, found inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice.
While using the Services, you agree that you shall not manipulate the price of any goods or services offered within the Services, in any manner. Furthermore, you shall not disrupt or otherwise interfere in any way with any other User's use of the Services. By accessing our Services or any chat room, online discussion forum, or other Service provided through our Website that allow Users to communicate to other Users (“Public Areas”).
You agree to be abided by the following standards of conduct and You agree that You will not, and will not authorize or facilitate any attempt by another person to use our Website to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by We Teach English;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to We Teach English or the Tutor;
- Fail to deliver payment for items purchased by you, unless the Tutor of such Tutor Package has materially changed the package's description, a clear typographical error is made, or you cannot reach the Tutor; to meet the posted terms, or you cannot reach the Student or Parent;
- Manipulate the price of any item or interfere with other Users’ Listings;
- Use a name or language that We Teach English , in its sole discretion, deems offensive;
- Post false, inaccurate, misleading, defamatory, or libelous content (including personal data);
- Post hateful or racially or ethnically objectionable Content;
- Post Content which infringes another's copyright, trademark or trade secret;
- Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service;
- Post unsolicited advertising or unlawfully promote products or services;
- Take any action that may undermine the feedback or ratings system when it becomes available (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to We Teach English );
- Harass, threaten or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person;
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
- Exploit children under 18 years of age;
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize your position;
- Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use;
- Introduce viruses, worms, Trojan horses and/or harmful code to the Website;
- Obtain unauthorized access to any computer system through the Website;
- Transfer your We Teach English account (including feedback) and Login Credentials to another party without our consent;
- Harvest or otherwise collect information about Users, including email addresses, without their consent;
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age);
- Solicit personal data from children under 18 years of age;
- Violate any state, local, or international law or regulation;
- Encourage conduct that would constitute a criminal or civil offense.
All submissions made to Public Areas will be public, and We Teach English will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
- WEBSITE CONTENT
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms. The “Content” means all information, text, materials,
images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services. The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes. You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:
- The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;
- The Content may not be modified;
- Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
- CONTENT SUBMITTED BY USERS
We are not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through our Website. We do not prescreen information posted online. We are acting as a passive conduit for such distribution and may not be responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of We Teach English . We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from Your uploading, posting or submission of Content to this Website.
We have the right, but not the obligation, to randomly monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and any other applicable rules that we may establish, as well as for the purpose of Services' improvement. We have the right in our sole discretion to edit or remove any material submitted to or posted through this Website. Without limiting the foregoing, we have the right to remove any material that We Teach English , in its sole discretion, finds to be in violation of these Terms or otherwise objectionable, and You are solely responsible for the Content that You post to this Website.
- LINKS TO THIRD PARTY WEBSITES
We will not include your content in advertisements for the products and services of third parties to others without your separate consent.
We Teach English may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of advertisers other than We Teach English found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We Teach English is 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 such non-We Teach English advertisers on the Website.
- NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by We Teach English of that third party or of any product or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website. We Teach English does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
- SCOPE OF SERVICE
We Teach English maintains this Website as a service to the user community that visits the Website subject to these Terms. You are responsible for obtaining any equipment and Internet service necessary to accessing our Services and for paying any fees for the equipment and Service You select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically
become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or Services. You acknowledge that the Website and any mobile applications are evolving and that the form and nature of the Website or mobile applications, including the Services, may change from time to time without notice to you.
- RELATIONS BETWEEN WE TEACH ENGLISH AND USERS
The Services are not an employment service and We Teach English does not serve as an employer of any User unless separately subject to a signed, written employment contract. Users may use We Teach English Services only for non-commercial, personal use or for the purpose of delivery of personal services to own clients and subject to these Terms.
As such, We Teach English will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Services or Users’ services. You understand and agree that if We Teach English is found to be liable for any tax or withholding tax in connection with your use of Users’ services, then you will immediately reimburse and pay to We Teach English an equivalent amount, including any interest or penalties thereon.
In all cases of use of this Website, Users are acting as independent contractors and not as We Teach English ’s or any other party’s employee, agent, franchisee or servant. Accordingly, you will be solely responsible for all costs incurred by you or your organization. You shall not hold yourself out as having authority to make contracts or promises on behalf of We Teach English .
You may not assign or transfer these Terms in whole or in part to any third party. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees, and permitted assigns.
You acknowledge and agree that we may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services (the "Feedback") and public feedback from Users with whom you have transacted.
Feedback regarding We Teach English . By submitting any Feedback you provide us a written consent to use your Feedback in improvement and promoting the Services; you agree that submitting a Feedback is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by accepting your Feedback submission, We Teach English does not waive any rights to use similar or related ideas previously known to We Teach English , or developed by its employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements
and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, or without it in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
Unless you otherwise indicate in writing, We Teach English will communicate with you by email, regular mail or by posting communications on this Website. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when we send it to the email address you have provided to We Teach English on this Website, or when we post such communication on this Website. You should keep your email address updated on this Website, and you should regularly check this Website for postings. If you fail to respond to an email message from We Teach English regarding violation, dispute or complaint within 2 (two) business days, we will have the right to terminate or suspend your use of Services.
To stop receiving specific communications from We Teach English , please, submit a notification to us in order to change the types and frequency of such communications.
We may terminate any User’s access to our Website in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate Users who violate these Terms, as deemed appropriate in our sole discretion. We may also delete, or ban access to or use of all related information and files. We Teach English will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information.
You may terminate this Agreement at any time by ceasing all use of the Service and/or deleting your account. In case you are not using your account for more than 90 (ninety) days following the last payment and\or last activity on We Teach English , your account will be considered expired and gets deleted. Along with your account all personal data processed by We Teach English will be erased and We Teach English will have no obligation to provide any refund.
Even after your right to use the Services is terminated or suspended, this Agreement will remain enforceable against you.
- INTELLECTUAL PROPERTY RIGHTS
All intellectual property in the design and layout of this Website, Software and the material and information published on its pages belongs to and is vested in We Teach English or its licensors. You may not copy any part of this Website or otherwise do anything in relation to any part of the Website. You may not otherwise use or reproduce any of this Website or the material contained within it in any manner other than those listed above without first obtaining the prior written permission of We Teach English .
Unless otherwise noted, all Content contained on this Website is the property of We Teach English and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by International copyright law, trademark law, international conventions and other intellectual property laws. The service marks and trademarks of We Teach English , including without limitation We Teach English and the We Teach English logos are service marks owned by We Teach English ,(PTY) LTD. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
We Teach English grants you permission (which may be revoked at any time for any reason or no reason) to use the Website and the Software for the Services as provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. We Teach English reserves all of its statutory and common law rights against any person or entity who violates this paragraph.
You may not link or frame to any pages of the Website or any content contained therein, whether in whole or in part, without prior written consent from We Teach English . You may like or follow We Teach English or share links to the Website via social networking technology referenced on the Website. Any rights not expressly granted herein are reserved.
Except as expressly authorized by We Teach English or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
- COPYRIGHT INFRINGEMENT. DMCA NOTICE
Since we respect content owner rights, it is We Teach English ’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that any materials on our Services infringe your copyright, you may request that they be removed. Please notify We Teach English 's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, your request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the
- Information reasonably sufficient to permit We Teach English to contact you, such as your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
You may obtain direct access via the use of the Services to certain confidential information of We Teach English, its affiliates or Users, including but not limited to personally identifiable information, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You agree to hold Confidential Information in strict confidence and not use the Confidential Information except for the purposes set forth in these Terms and not disclose such confidential
information to any third party. All right, title and interest in the Confidential Information remains with We Teach English , its affiliates and its Users.
No obligation is imposed upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from We Teach English , without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to We Teach English adequate to afford We Teach English the opportunity to object to the disclosure.
- DISCLAIMER OF WARRANTY
USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE TEACH ENGLISH DISCLAIMS ALL LIABILITY IN CONNECTION WITH ANY INTERACTIONS, CORRESPONDENCE, TRANSACTIONS, AND OTHER DEALINGS THAT YOU HAVE WITH ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION STUDENTS, PARENTS OR TUTORS FOUND ON OR THROUGH THE WEBSITE (INCLUDING ON OR VIA LINKED WEBSITES OR ADVERTISEMENTS) ARE SOLELY BETWEEN YOU AND THE THIRD PARTY (INCLUDING ISSUES RELATED TO THE CONTENT OF THIRD-PARTY ADVERTISEMENTS, PAYMENTS, SERVICES, DELIVERY OF GOODS, WARRANTIES (INCLUDING PRODUCT WARRANTIES), PRIVACY AND DATA SECURITY, AND THE LIKE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE.
YOU ACKNOWLEDGE THAT THE WEBSITE AND ALL SERVICES, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" AND ARE BASED IN PART ON LISTINGS PROVIDED BY TUTORS, WHICH ARE NOT VERIFIED BY WE TEACH ENGLISH , AND THAT ANY PACKAGES, LISTINGS OR OTHER CONTENT ACQUIRED THROUGH THE USE OF THE WEBSITE IS AT YOUR SOLE RISK AND DISCRETION. WE TEACH ENGLISH AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE WEBSITE. WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE TEACH ENGLISH DOES NOT WARRANT THAT: (I) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE TEACH ENGLISH NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN USERS.
WE TEACH ENGLISH AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL DATA SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
WE TEACH ENGLISH DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A STUDENT OR PARENT AND DOES NOT RECOMMEND ANY PARTICULAR TUTOR. WE TEACH ENGLISH DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY TUTOR’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.
- LIMITATION OF LIABILITY
(a) Disclaimer. IN NO EVENT SHALL WE TEACH ENGLISH BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) Limitation. YOU AGREE WE TEACH ENGLISH ’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE SOFTWARE, THE SERVICES, THE CONTENT, OR ANY LISTING OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS, IF ANY, YOU PAID IN COMMISSIONS TO WE TEACH ENGLISH FOR THE SERVICES IN THE THEN - PRIOR THREE MONTHS.
(c) Waiver of Class Action. ANY CLAIMS BROUGHT BY YOU OR WE TEACH ENGLISH MUST BE BROUGHT IN THAT PARTY' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
All disputes arising out of or relating to these Terms shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Port Elizabeth, SA under the Department of Labour. You and We Teach English shall appoint as sole arbitrator a person mutually agreed by You and We Teach English or, if You and We Teach English cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the court upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, We Teach English shall be entitled to seek injunctive relief, security or other equitable remedies from the South African District Court or any other court of competent jurisdiction.
These Terms shall be governed by the laws of the Republic of South Africa.
Without limitation, the Services may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through We Teach English without express written permission from We Teach English .
You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of We Teach English .
The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
26.ENTIRE AGREEMENT. SEVERABILITY
These Terms, together with any amendments and any additional agreements you may enter into with We Teach English in connection with the Services, shall constitute the entire agreement between you and We Teach English concerning the Services. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.