Terms of Use

Last updated on July 28, 2016

MyTutorSpeaksFrench.com, an online marketplace (hereafter “us”, “We”, “the Website”, “the Site”, “the Company” or “MyTutorSpeaksFrench”) connecting Students (“Students”) with independent instruction tutors (“Tutors”). These Terms of Use (“Terms” or “Agreement”) govern your use of the Website (www.mytutorspeaksfrench.com) and any mobile applications supplied by MyTutorSpeaksFrench LLC. Please read these Terms before using or continuing to use the Site. Use of the Website MyTutorSpeaksFrench.com implies full and unconditional acceptance of the Terms of use. If you do not accept these general conditions of use, please do not use the Site, and be aware that MyTutorSpeaksFrench reserves the right to suspend or terminate your access to the Website.

1.   General Terms

This Agreement includes our Privacy Policy, Student and Tutor Agreements and any further Terms of use on the Website, which are all incorporated herein by reference. MyTutorSpeaksFrench reserves the right to modify these Terms of Use from time to time, such modifications to be effective when provided by posting amended Terms on the Website.

2.   Description of the Website

a.    The Website

MyTutorSpeaksFrench is an online marketplace which help Students, looking for tutoring, to connect with Tutors, independent instruction providers, looking to give tutoring sessions (“Session”). Tutoring is the only goal or service that Members are authorized to use and advertise for on the Site.

b.   Users and membership

Students and Tutors are independent users that should register on the Website and create a profile to become Members (“Members”). Members can only have one unique account as a Student or a unique account as a Tutor on MyTutorSpeaksFrench.com.

Users are responsible for maintaining the confidentiality of their usernames and passwords. Passwords should not be given to any unauthorized third party and you will take sole responsibility for any activities or actions under your account on MyTutorSpeaksFrench, whether or not you have authorized such activities or actions. Sharing accounts between individuals is strictly forbidden.

Users must be over 13 to use the Website. To comply with the Children’s Online Privacy Protection Act (“COPPA”), We do not knowingly collect or solicit Personally Identifiable Information from or about children under the age of 13 except as permitted by law. If We discover We have received any information from a child under the age of 13 in violation of these Terms, We will delete that information immediately. If you believe that MyTutorSpeaksFrench has any information from or about anyone under the age of 13, please contact Us at the address listed in the Contact section.

3.   Services

a.    Creating profiles and ads

After becoming a Member, Tutors use the Website to post one or multiple ads. Ads must not contain any inaccurate, not current, incomplete, unsuitable, illicit, misleading or unauthentic information. Tutors must not enter any private information within the ads: address, telephone number, e-mail address, Internet address, etc…

Tutors commit to be honest regarding their education and references. Student should verify any information contained in Tutors ads. We do not guaranty accuracy, suitability or authenticity of any information contained within the profiles or of any information submitted by a Member to the Website (Examples: certificates, education background, personal details like emails, etc.). MyTutorSpeaksFrench reserves the right to delete the ad and terminate access to the Website of any Member at is entire discretion.

In order for the ad to be published on the Website, Tutor must pass an interview with one of MyTutorSpeaksFrench representative. This interview could be over the phone or alternative video-calling system that MyTutorSpeaksFrench would like to use.

Tutors can post ads for free.

b.   Contacting Tutors Services

Students should carefully select the Tutors they think are suitable for them. In making the hiring decision, the Student should review and investigate each tutor’s self-reported credentials, education, and experience, as well as reviews from other students.

Students can contact Tutors by sending messages via MyTutorSpeaksFrench.com after the payment of a fee. Students pay 30 USD to be able to contact as many Tutors as they want during one month and only though the Website messaging system. Prices are subject to change at any time, in the Company’s sole discretion, without Members being entitled to payment of any indemnity.

The communication goes from Students to Tutors and Tutors to Students. Students cannot contact other Students and Tutors cannot contact other Tutors. We will attempt to deliver all correspondence sent via the Site’s messaging system. However, We do not guarantee the delivery of all messages.

We ask Tutors to quickly reply to any new Student. MyTutorSpeaksFrench reserves the right to filter any messages and to directly contact the sender in case of spamming or messages that do not suit the Website’s purpose. We reserve the right to keep and delete messages exchanged electronically. Spamming individuals met via MyTutorSpeaksFrench is strictly forbidden.

MyTutorSpeaksFrench cannot be held responsible in case of the unavailability of a selected Tutor.

4.   Tutoring sessions

MyTutorSpeaksFrench only serves for advertisement. We cannot control the method of service and cannot be held responsible for the quality of service given by any Tutors. Tutors are solely responsible for their methods, material and contents of the sessions.

The location of the Tutoring Sessions should result from an agreement between the Students and the Tutors. We strongly recommend that all tutoring sessions be supervised by a responsible adult.

 5.   Session pricing

Tutors freely define their prices. Therefore, they are subject to change at the sole Tutor discretion. The agreement on prices between Tutors and Students does not depend on MyTutorSpeaksFrench. Therefore, We cannot interfere in any financial transaction between Members and decline direct or indirect responsibility for the transactions between Students and Tutors and do not guarantee any payment for service or cancelation. MyTutorSpeaksFrench is not responsible for any financial dispute arising between Tutors and Students.

6.   Code of conduct

Members are solely responsible for their interactions with other Members. We reserve the right, but not the obligation, to monitor disputes between Members.

Users must use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that MyTutorSpeaksFrench, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice.

Misconduct includes without limitation the following:

  • Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
  • Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour, working condition, immigration laws and regulations;
  • Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
  • Upload files that contain viruses or any other similar software or materials that may damage or interfere the operation of any device, computer system or network;
  • Take any action that would undermine any aspect of the Site;
  • Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
  • Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
  • Impersonate another person or allow any other person or entity to use your user name, password or membership;
  • Post the same content repeatedly or spam – spamming is strictly prohibited;
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site;
  • Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
  • Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
  • Restrict or inhibit any other user from using and enjoying the Site.
  • Harvest or collect information about Website visitors or Members without their express consent.
  • Create more than one profile without our express written consent.
  • Permit anyone else whose account or subscription was terminated, or who is not a Member, to use the Website through your subscription, username or password.

7.   Services and prices modifications

MyTutorSpeaksFrench reserves the possibility to modify or discontinue, temporarily or permanently, the Services (or any part thereof) on the Website with or without notice, and without the users (Members) being entitled to payment of any indemnity. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Notification of changes to the Service may be posted within your Member profile or on the Website.

Prices for our services are subject to change without notice.

8.   Refund

If Students who subscribed to our One-month access may happen to be unsatisfied, because they haven’t found any available and suitable tutor, MyTutorSpeaksFrench is happy to propose them two (2) solutions:

  • Students may ask for a free extra month of subscription to contact more Tutors and find the best tutor for them.
  • Student may choose to get a refund. In this case a credit will automatically be applied to their credit card or original method of payment, within a certain amount of days depending on the card issuer’s policies.

To specify their choice or ask any question regarding our Refund Policy, Students can contact us at: Contact@mytutorspeaksfrench.com.

In case MyTutorSpeaksFrench decides to terminate a membership because a User have breached this Agreement, the User will not be entitled to any refund.

Because MyTutorSpeaksFrench does not interfere in any transaction between Tutors and Students, each Tutor applies his/her own Refund and Cancellation policies. We advise Students to check and agree to their Tutors Refund and Cancellation policies.

9.   Links

MyTutorSpeaksFrench may provide links to other Websites or resources. Because We have no control over such sites and resources, you acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

10. Third Parties

MyTutorSpeaksFrench may make available one or more third party verification services that enable Users of the Webite to inquire about information including, but not limited to, another User’s identity and criminal history. Our partner for verification services is HireRight, please consult their:

Payments for our One-Month access (contacting services for Students) on our Website are handled by a third party payment processor (a “Third Party Payment Processor”). You agree that Third Party Payment Processors may collect “personally identifiable information” from you, including but not limited to billing information, credit card numbers, expiration dates and security codes for purposes of your transaction. Your communication or business dealings with any Third Party Payment Processor, including the payment of tutoring services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the Third Party Payment Processor. You agree that MyTutorSpeaksFrench shall not be responsible or liable for, and hereby release MyTutorSpeaksFrench from, any loss or damage of any sort incurred as the result of any such communication or dealings. If there is a dispute between any Third Party Payment Processor and Users of the Site, MyTutorSpeaksFrench is under no obligation to become involved.

We do not handle payment processing. Our partner in payment processing is Stripe. Please consult Stripe Terms of Use: https://stripe.com/us/terms

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

11. Background screening (for Tutors only)

MyTutorSpeaksFrench requires that every tutors willing to give lessons to Student under 18 year-old pass a background screening. Tutors willing to give lessons to Student older than 18 years may take a background screening as their own decision.

MyTutorSpeaksFrench may utilize third party consumer reporting agencies that perform, among other things, criminal background screening, sex offender registry checks and identification verifications (“consumer reports”). We do 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 do not independently verify information in the consumer reports. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification, hence the Tutors.

Tutors hereby consent to MyTutorSpeaksFrench collecting, using and disclosing the information in the consumer reports. Tutors understand and agree that MyTutorSpeaksFrench may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a Tutor account or to investigate a complaint about a Tutor. MyTutorSpeaksFrench 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.  Tutors who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information.

12. Proprietary rights

The Website contains material, trademarks, and other proprietary information of MyTutorSpeaksFrench. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

13. End and suspension

MyTutorSpeaksFrench reserves the right to suspend and/or end any User with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or ended, you will make no further use of the Site after termination or during suspension.

MyTutorSpeaksFrench will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate your membership at any time, for any reason, by emailing us at contact@mytutorspeaksfrench.com.

If in our sole judgment you fail, or We suspect that you have failed, to comply with any term or provision of these Terms of Use, We also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

14. Privacy policy

Please consult our Privacy Policy here.

15. Student and Tutor Agreements

Please consult our Student Agreement here and our Tutor Agreement here.

16. Disclaimer of warranties

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. OUR WEBSITE, CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF OUR SERVICES ARE PROVIDED “AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.

WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL). IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

 

17. Limitation of liability

In no case shall MyTutorSpeaksFrench LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

18. Indemnification

You agree to indemnify, defend and hold harmless MyTutorSpeaksFrench LLC and our, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

19. Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

20. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

21. Governing law

These Terms of Use and any separate agreements whereby We provide you Services shall be governed by and construed in accordance with the laws the State of New York.

22. Terms of use revisions

MyTutorSpeaksFrench may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.

23. Contact

If you may have any questions or concerns regarding these Terms of Use, please contact us at the following email: contact@mytutorspeaksfrench.com