Terms & Conditions
TutorYou S.r.l. (VAT number and Tax Code 10280740969), in the person of the pro tempore Sole Director dott.ssa Alessia Angela Sarita Angela, with registered office in Milan, Via Agostino Bertani n. 6 (hereinafter referred to as “TutorYou”), is a company whose main activity is to provide and offer didactic and educational support services for students in schools and universities of all levels, as well as to offer tutoring services, including through the use of online IT platforms.
In order to pursue its corporate purpose, TutorYou has developed a software called “TutorYou Platform” through which its services are provided in the cloud.
This document therefore contains the terms and conditions of access to and use of the software, both by the student and/or his/her guardian or parent exercising parental authority, by the Tutor and by any partners or third parties (hereinafter jointly referred to as “Users” and individually as “Student” and “Tutor” and “Partners”).
By accepting these Terms and Conditions, Users acknowledge and recognise that the TutorYou Platform (hereinafter referred to as “Platform”) is an application aimed at carrying out tutoring and didactic learning activities as well as organising and carrying out related activities, such as webinars, summer schools and similar activities. In any case, the User acknowledges and accepts that the services on the Platform are provided by TutorYou for the sole purpose of facilitating and making the User’s learning easier and providing didactic support aimed at improving the User’s academic performance, it being understood that the obligation of TutorYou is an obligation of means and not of result, as the activity of TutorYou alone cannot guarantee and ensure the learning by the Student as well as the achievement of scholastic and academic results, remaining, on the other hand, the diligence, ability and dedication of the User essential and indispensable elements for the achievement of any educational result. Therefore, any use of the Platform other than those indicated on the Platform is strictly forbidden and, in any case, it is strictly forbidden to use the Platform for activities and purposes that are illicit, inappropriate, contrary to common decency or that may harm or prejudice other Users or TutorYou, to use the services on the Platform for any purpose that violates the academic honesty policy or other policies of conduct of the User’s school, university, academic institution or workplace, just as it remains forbidden to circumvent, manipulate, alter the fees indicated on the Platform or the billing system, it being understood in any case that any responsibility deriving from unlawful conduct and/or use of the Platform by the User will remain the exclusive responsibility of the User, to indemnify and Keep TutorYou unaffected by any damaging consequence and/or prejudice, of an economic or non-economic nature, and/or claim for compensation made against it in any context, including judicial, by Students, Tutors or Partners, connected to and/or deriving from the aforementioned unlawful conduct.
The Platform as well as the services present and offered therein (hereinafter referred to as “Services”) may be used only by Users who have completed their eighteenth year of age and are in possession of the capacity to enter into, conclude and sign legally binding contracts in accordance with current law. Users who have not yet reached their eighteenth birthday or Users who are subject to judicial debarment, incapacitation and/or support administration, may access the Platform and use the related Services only and exclusively with the accompaniment and under the supervision of a parent with parental responsibility, guardian, curator and/or support administrator, who will be responsible for all the activities and conduct of the minor, the disqualified, incapacitated or administered person, including but not limited to acceptance of these Terms and Conditions, publication of content, messages exchanged with other Users, documents and files uploaded to the Platform, booking and cancellation of lesson bookings with identified Tutors, conduct maintained during lessons. In any case, it is understood that TutorYou won’t be responsible in the event of access to the Platform and/or use of the Services by minors or those subject to disqualification, incapacitation or support administrator measures, in the absence or without the supervision of the parent exercising parental responsibility, guardian, curator and/or support administrator.
TutorYou and its staff verify the identity of Users registering to the Platform, whether they are Tutors or Students or Partners, and also verify the documents and information provided by Users when registering to the Platform. However, TutorYou cannot be held liable in any way in the event of untruthful and/or incorrect information or false or forged documents provided or uploaded by Users. In order to ascertain the identity of the Tutor and the truthfulness of the data provided, TutorYou may ask the Tutor to upload his/her identity card and social security number to the Platform, as well as to include a personal photograph on his/her profile.
REGISTRATION
In order to use the Platform and the Services it is necessary to register. The Platform provides for the possibility of registration by identifying two types of account: the “Tutor” account, which will be used by Users who intend to register and access the Platform with the intention of giving individual or group lessons and teaching tutoring activities, and the “Student” account, which will be used by Users who intend to register and access the Platform with the intention of benefiting from the lessons and teaching activities carried out by Tutors. Each individual User is permitted to generate a maximum of one account per type of use.
The User must indicate, during registration, the type of account with which he/she intends to access the Platform, whether a “Student” account or a “Tutor” account. The User undertakes, when registering, to provide truthful information, data and contacts, and TutorYou will not be held responsible in any way in the event that the User is prevented from accessing the Platform due to incorrectly provided information and/or data and/or contacts.
Once the registration is complete, the User will be able to access the Platform through the login credentials that will be chosen by the User and enabled by TutorYou (“Login Credentials”). The User undertakes to keep safe and not to spread or share or transfer his/her Login Credentials or personal account to third parties or other Users, including through the Platform, remaining solely responsible for the protection of his/her Login Credentials from unauthorized use as well as for all activities that will be carried out on the Platform following access with his/her personal Login Credentials. In the event of loss of the User’s Login Credentials, the User must immediately inform TutorYou so that TutorYou can take action to recover the Login Credentials.
The User agrees to immediately notify TutorYou of any unauthorized, unlawful or non-compliant use of his/her Login Credentials or account, even by third parties, so that TutorYou can take the appropriate actions and initiatives. It is understood, in any case, that TutorYou cannot be held liable in any way for any type of damage and/or loss connected to or deriving from the violation of the duties set out in the previous paragraph, and TutorYou cannot be held liable in any way in case of unlawful conduct by the User or by third parties who have had access, even if not authorized by the User, to the Platform.
The User acknowledges and accepts that TutorYou has the right to prevent or restrict access to his account and/or to single Services on the Platform. This right may be exercised by TutorYou when there is even the slightest suspicion that the account is being used by the User or by third parties, even if not authorized by the User, for purposes other than teaching purposes, or for illegal purposes and/or purposes contrary to morality or mandatory rules, or at the sole discretion of TutorYou. The limitations that may be imposed by TutorYou may include but are not limited to: limitations of access to the account or to single Services, limitations in the visibility of content and information present and uploaded on the Platform, limitations of devices through which the User may access the Platform. In case of account blocking or limitation for the reasons listed above, the User shall not be entitled to claim any refund and/or compensation from TutorYou.
The User may request the cancellation of his/her registration to the Platform at any time. From the moment the cancellation is requested, the User will be prevented from accessing the Platform. The User accepts that, in the event of cancellation, TutorYou reserves the right to retain information and data relating to the User and the User’s activities on the Platform, including but not limited to: contact information, history of access to the Platform and the User’s activities on the Platform, accounting and tax documents and payment history and any other documents, data and information that may be useful. Personal data will be retained until the User’s cancellation from the Platform, without prejudice to the retention of that data which is strictly necessary and which will need to be used, even at a later date, in order to comply with legal obligations of an administrative, fiscal and legal nature and related duties. In view of the above, the retention and processing of the User’s personal data will in any case last no longer than is necessary for the purposes for which the data were collected. At the expiry of these requirements and at the completion of the aforementioned purposes, the processing will definitively and fully cease and the personal data will have to be deleted. Data retention may in no case exceed ten years from the end of the relationship. In any case, the information and contact data related to the User may be removed from the TutorYou servers upon explicit and motivated request made in writing by the User and sent to TutorYou by the following email: legal@tutoryou.com.
INTELLECTUAL PROPERTY
The User accepts and acknowledges that the intellectual property rights regarding the Platform, the name, the brand, the content published on the Platform and the related IP addresses belong exclusively to TutorYou, as well as the rights of ownership, exploitation and use of the TutorYou brand and name, as well as the business model and any other document present on the Platform and originating from TutorYou. Therefore, it is forbidden for Users to use, exploit, disclose, copy the name and image of TutorYou or the Platform, or the documents and information of any kind on the Platform, without the express written permission of TutorYou.
HOW TO USE THE PLATFORM
The User acknowledges and accepts that the Platform may only and exclusively be used for teaching and school learning activities. Any use of the Platform contrary to the one indicated above must be immediately reported to TutorYou and may result in the deletion of the relevant account and the consequent blocking of the User’s access to the Platform. The User’s obligation to provide compensation for all damages that TutorYou may suffer as a result of the non-compliant or illegal use of the Platform by the User remains unaffected.
Each User registered with a “Tutor” account agrees to provide individual or group lessons and tutoring services for the benefit of Users registered with a “Student” account, only and exclusively with reference to the subjects indicated during registration and only and exclusively through the use of the Platform, unless otherwise specified by TutorYou. It is therefore forbidden for the Tutor to give lessons on subjects other than those indicated during registration or, in any case, indicated in his/her account. The Tutor is also prohibited from contacting the Student or giving individual lessons to the Student outside of the Platform, or exchanging private contact information (email, telephone number, social accounts and profiles) via the Platform. The Tutor also undertakes to task to promptly notify TutorYou if he is contacted by a Student on the Platform or an external person who has become aware of the Tutor’s Services through the Platform, with the aim of receiving individual lessons outside of the Platform. The aforementioned constraints and prohibitions will last and be effective for as long as the Tutor is registered on the Platform and for 5 years following the cancellation of the account. In the event of a breach of the aforementioned prohibitions and obligations, the Tutor will have to pay TutorYou a sum of € 5,000.00 (five thousand/00 euros) as a penalty fine, without prejudice to any greater damages suffered.
Users acknowledge that each Tutor shall carry out individual or group lessons with dedication, skill and knowledge, using the teaching and learning methods he deems most useful with regard to the Student’s needs. In any case, it is understood that the teaching and learning methods adopted by the Tutor must not have content that is illicit, contrary to morality, obscene, dangerous, harmful, damaging to the image of TutorYou or that could cause damage or harm to the Student. The Tutor shall be solely responsible for the violation of the aforementioned prohibitions and shall also indemnify and hold TutorYou harmless from any action, claim and/or demand for damages, including economic compensation, made against it in any context, including judicial or para-judicial, by the Student or third parties, connected to and/or arising from the violation of the aforementioned prohibitions by the Tutor.
During the lessons that take place on the Platform and in order to ensure better learning on the part of the Student, the Tutor may use documents, handouts, texts and information belonging to him or not from TutorYou, subject to prior written authorization of TutorYou. In any case, it is strictly forbidden to use teaching materials, documents, handouts and texts on the Platform with content that is illegal, clearly erroneous, contrary to morality and/or the law, with the User being solely responsible for the content of the documents, handouts, texts and information that will be used in the individual lessons. It is forbidden for the User to use or publish on the Platform any teaching materials, books, images, videos and audio for which the publication rights have not been granted, or which portray recognisable minors or adults for whom express permission has not been granted or who are subject to licences, to publish confidential information. The User is therefore obliged to verify that he owns the rights to use or publish the teaching materials, books, images, video and audio that he will use during the lessons, it being understood that TutorYou cannot in any case be held responsible for the violation of the aforementioned prohibitions by the Users, who will be required to indemnify and hold TutorYou harmless from any claim and/or request for compensation that may be made, even in court, against it by the User or third parties.
The User acknowledges and accepts that TutorYou cannot be held responsible for the teaching results obtained by the Student as a result of the academic support undertaken through the Platform, considering the Service offered by TutorYou as an obligation of means and not of results. In particular, by way of example only, TutorYou cannot guarantee the following: positive final grades obtained in exams or written work, university acceptances, feedback from teachers on the work carried out with a Tutor, passing any certification, exam, proficiency test.
The User who registers on the Platform with a “Student” account is obliged to access and use the Platform and the Services therein solely and exclusively for teaching and learning purposes and is obliged to participate in or carry out individual or group lessons with dedication and professionalism. The Student may contact the Tutor and conduct individual or group lessons with the same only and exclusively via the Platform. Therefore, the Student is prohibited from contacting the Tutor for individual or group lessons or teaching activities outside of the Platform. The Student is also prohibited from contacting the Tutor and instructing him to carry out academic, scholastic, written or oral tests, draw up academic documents or carry out any other didactic/academic/scholastic activity on behalf of the Student. The Student agrees to promptly inform TutorYou in the event that they are contacted by a Tutor to receive individual or group lessons outside of the Platform. The Student agrees not to report directly to the Tutors present within the Platform any third parties interested in the Services offered by TutorYou, but to use the reference channels present in the Platform.
The User acknowledges and accepts that the individual or group lessons will not take place in presence but in videoconference mode, via remote audio-video connection, unless otherwise specified by TutorYou. Therefore, the User will have to access the Platform and participate in the didactic lessons using tools and devices that are functioning and suitable to ensure and guarantee a stable and lasting connection as long as necessary. It is understood that TutorYou shall not be held liable in any way in the event of any impossibility to access the Platform or to correctly use the same and the related Services, including individual or group lessons, resulting from a lack of or incorrect functioning of the User’s network or connection signal.
In any case, in order to ensure the correct and better functioning of the Platform, the User agrees to promptly notify TutorYou of any defect in the functioning of the Platform so that the latter can provide for the resolution of the problem or malfunction found. It is understood that, in the aforementioned cases, the User cannot make any claims, including economic claims, on the Services that will have to be rescheduled due to the reported malfunction.
In the event of malfunctions and/or interruptions in the functionality or Services of the Platform, TutorYou agrees to restore the correct functionality of the same as soon as possible, without the User being able to make any claims for compensation and/or reimbursement against TutorYou, including but not limited to the case in which a Student has scheduled a preparatory lesson the day before an exam and fails it the following day. The User also acknowledges and accepts that the Platform may experience temporary interruptions due to technical maintenance activities. In such cases, TutorYou is obliged to communicate in a timely manner, through appropriate notices, the day and time when the Platform will not be accessible due to the aforementioned maintenance activities. It is understood that TutorYou will not be held liable in any way in the event of the inability to access the Platform or to correctly use the Platform and its Services, including individual or group lessons, resulting from the aforementioned maintenance activities.
The lessons and teaching activities will take place remotely, via audio – video connection, unless otherwise specified by TutorYou. TutorYou, together with the registration activities on the Platform, undertakes to verify, to the best of its ability, the accuracy and truthfulness of the data and information provided by the User who intends to register. However, TutorYou does not and cannot offer any guarantee that the User who will participate in the video lessons actually corresponds to the User who registered. Therefore, the User understands and agrees to assume all risks arising from the use of the Platform and the Services, including, without limitation, all risks associated with any online or offline interaction with other Users. In any case, the User must exercise caution and common sense when using the Platform and interacting with other Users, in order to protect his/her own personal safety, and in any case promptly report to TutorYou any situation, circumstance and/or behaviour that may be illegal, abnormal or harmful. It is also understood that neither TutorYou nor its affiliates or licensors are responsible for the conduct, both online and offline, of any User.
It is strictly forbidden for Users to record, with any instrument and/or device, the video lessons carried out on the Platform as well as to spread, share, sell the recordings or use them for illicit purposes, contrary to morality or prohibited by law. In any case, the User is obliged to promptly report to TutorYou any possible violation of the ban on recording video lessons so that TutorYou can take the necessary measures, including legal measures. It is understood that TutorYou cannot be held responsible in any case when a User makes a recording of another User during a video lesson. In this case, the User who is responsible for making a recording will be required to indemnify and hold TutorYou harmless from any claim and/or request for compensation that may be made, even in court, against it by the registered User or third parties.
In order to ensure the quality of the Services offered by TutorYou, as well as for security purposes and control over the identity of the Users, the User acknowledges and accepts that TutorYou may make random recordings of the video lessons. It is understood that the recordings of the video lessons may not be disseminated and/or shared outside the Platform, nor used for individual targeting or for sales, marketing or promotional purposes. The recordings of the video lessons, in any case, may be stored by TutorYou for the time strictly necessary to carry out the activities and for the purposes mentioned above.
The services offered by the Platform also include the possibility to give reviews to Tutors and individual video lessons, to share messages via chat and to upload documents or files to the Platform. All content must be relevant to the official activities and functions of TutorYou. Users are obliged not to publish comments, documents or reviews of an unlawful character and content, contrary to common decency and educational purposes, offensive, vulgar, damaging to the image and name of third parties, defamatory, discriminatory or that directly or indirectly express positions with reference to sexual, religious, political, trade union and ethnic issues, content and/or messages of a commercial and promotional nature, content that points out information of a private nature not directly related to TutorYou activities and in any case any content that is in conflict with the TutorYou Code of Ethics.
The Users undertake to immediately report to TutorYou the publication of messages, documents, reviews with the contents indicated in the previous article so that TutorYou can remove them and take the appropriate actions. In any case, TutorYou will be entitled to review, modify or remove any content, message and/or review posted or shared on the Platform by the Users, without the latter being entitled to make any claim, request and/or exception.
The Platform also offers the opportunity for Users with Student accounts to leave comments and ratings on the activities of Tutors, with TutorYou reserving the right to review and/or delete the comment or review at its sole discretion. The Tutor therefore acknowledges and accepts that reviews and comments posted on his/her personal profile by Students, whether positive or negative, may influence his/her personal evaluation rating. It is understood that the comments and reviews issued by the Students shall be truthful and shall not contain or use content or expressions that are offensive, vulgar, illicit, detrimental to the professional image of the Tutor or TutorYou, discriminatory, racial, hateful and/or violent. It is understood that TutorYou cannot be held responsible for the publication of comments or reviews by Students, having the content as above. In this case, TutorYou will immediately remove the illicit comment or review and protect its image in the appropriate venues.
The User may send, via the Platform, reports relating to the functionality of the Platform, the Services, any improvements that may be made to the Platform or any malfunctions of the Platform (hereinafter referred to as “Feedback”). By sending Feedback, the User automatically gives his/her consent to use the same for the purpose of improving the Platform as well as the usability of the same and the Services. The User acknowledges and accepts that there is no compensation or remuneration for sending Feedback and, in any case, it will remain free and exclusive choice of TutorYou to evaluate the content of the Feedback and to take any action.
The Platform also offers the possibility for Users to subscribe to exclusive communities (“Memberships”) and/or to subscribe to newsletters or other subscription content. The moment the User decides to subscribe to the Memberships or newsletters or other subscription content, he/she automatically declares that he/she has read and accepts the terms and conditions of access and use of these services as well as the related terms and conditions of payment, as indicated on the Platform.
The Platform may contain links to websites unrelated to TutorYou, which may be used by Users for further study or learning purposes. In any case, it is understood that TutorYou cannot be held responsible for the content and what is published on external websites whose links are published on the Platform, as TutorYou does not have any power and/or control over what is published on those websites.
In no case shall any reference to third parties or third party products, sites or services be construed as an endorsement or approval by TutorYou of such third parties or any products or services provided by third parties. Similarly, a link (including, without limitation, external websites on the Platform and any advertising displayed in relation to them) to any third party website does not imply approval or acceptance of any responsibility for the content or use of those websites.
TutorYou reserves the right to offer to its Users promotions and/or discounts on the Services available on the Platform. The aforementioned promotions and discounts can only be used by the User and, therefore, it is forbidden for the User to sell them, even for a compensation, to third parties, be they other Users or parties outside the Platform.
PAYMENTS
Individual or group lessons as well as related Services offered by TutorYou are chargeable. The fees for accessing the individual Services on the Platform and offered by TutorYou will be indicated by selecting the chosen Service. The User acknowledges and accepts that the fees for the individual Services may change at the discretion of TutorYou, which, in any case, undertakes to communicate the changes in good time and the date on which they will take effect.
The User that intends to access one of the Services on the Platform or individual or group lessons must register for the Service or book the lesson and at the same time pay the fee. In the absence of payment, it will not be possible to validly conclude the registration. In the event that the User purchases a package of Services or individual or group lessons by the hour, the same will not be entitled to receive any reimbursement in the event of inability to fully use the Services or to carry out the individual or group lessons purchased, for causes or facts not imputable to TutorYou. In any case, the Student may use the hours until the end of the current academic year for the purchased package. After this deadline, the remaining hours may no longer be used. Unused hours cannot be used for other Services or Lessons offered by TutorYou.
The Platform offers the User the possibility to upload cash directly to the Platform, within a digital wallet (hereafter referred to as “Wallet”), which will be used by the User to purchase and use the Services to which he/she intend to access/subscribe and individual lessons. The purchased Services must be used by the User within the end of the academic year in which they were purchased, unless otherwise specified by TutorYou. After this deadline without the purchased Services having been used, the User will no longer be entitled to any reimbursement in relation to the amount spent for the unused Services. TutorYou cannot in any case be held responsible in case of loss and/or misappropriation of the funds on the Wallet.
As an alternative to the Wallet, the User may provide for the payment of single Services and lessons through digital payment instruments (for example, credit cards, PayPal and similar). In any case, the access to the Services and the booking of lessons presupposes and requires the correct completion of payment. Stamp duty costs are to be borne by the User. For payments by bank transfer, the costs of bank transactions, including currency exchange, commissions or any other cost item, shall be borne by the User. For payments by credit card or other digital payment service, the User shall bear the fees if made outside the European Union.
The User acknowledges that the Platform offers Subscription Services, which provide for automatic payments (e.g. Memberships, subscriptions, newsletters, etc.). By subscribing to the aforementioned subscription Services, the User automatically authorizes the User to be charged the required fee.
The User is granted the possibility to withdraw from or cancel the Services offered by the Platform or the individual or group lessons booked. The Student may cancel booked individual or group lessons. In this case, in the event that the Student cancels the individual or group lesson no later than 24 hours prior to the lesson, the Student will be entitled to a refund of the full amount paid to attend the cancelled lesson within his/her Wallet. In the event that the Student cancels the individual lesson between 24 and 12 hours prior to the lesson, the Student will be entitled to a refund of 50% of the amount paid to attend the cancelled lesson. In the event that the cancellation of the lesson by the Student occurs within 12 hours prior to the lesson, the Student shall not be entitled to request and obtain a refund. In the event that an individual or group lesson is cancelled for reasons imputable to the Tutor, the lesson will be rescheduled by TutorYou in accordance with the Tutor’s and Student’s needs and the Student shall have no right to claim for compensation and/or reimbursement.
APPLICABLE LAW AND COMPETENT COURT
This document in governed by Italian Law. Any disputes that may arise in relation to the validity, effectiveness, interpretation, execution and/or breach of these Terms and Conditions, and without an out-of-court agreement between the Parties, will be subject to the exclusive jurisdiction of the Court of MILAN.
