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Terms of Use

Last Updated May 8th 2017

These Terms of Use ("Terms") govern your use of the Search A Tutor website and services ("Site") provided by Search A Tutor Inc. ("Search A Tutor"). Please read these Terms before using or continuing to use the Site. Do not agree to the Terms unless you both fully understand and accept each one. By using or continuing to use the Site, you represent and warrant that you agree to be bound by all  terms and conditions contained in this document.


1. General terms

Search A Tutor provides this Site to individuals seeking tutoring services (“Students”) and to individuals seeking to provide tutoring services (“Tutor”), and to any other entity on whose behalf users accept these Terms (collectively "you"). These Terms are entered into by and between Search A Tutor and you, and you accept them by: (a) contracting for tutoring sessions through the Site (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.

To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall control. The failure of Search A Tutor to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

2. Services

The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent contractors hired by Students, Tutors control the methods, materials and all aspects of the tutoring sessions.

Students are responsible for selecting the right tutor for their needs. In making hiring decisions, Students should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other student/users. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.

Search A Tutor controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. Search A Tutor services may not be available in your location, and available services may vary among locations. In addition, Search A Tutor will attempt to deliver all correspondence sent via the Site's messaging system. Search A Tutor does not, however, guarantee delivery of all messages.

3.  Modification

Search A Tutor reserves the right, at its sole discretion, to modify the Site or to modify these Terms, including the Booking Fee at any time and without prior notice, available at LINK TO TERMS HERE.  If we modify these Terms, we will post the modification on the Site.  We will also update the “Last Updated Date” at the top of these Terms.  Modifications to these Terms shall automatically be effective upon posting.  Your continued use of the Services after the amended Terms of Service are posted to the Site’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

4. Academic honesty

You acknowledge and agree that Search A Tutor services are provided for the purpose of learning, not cheating. You are not to inquire or hire Tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you are not to use Search A Tutor's services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace, including, but not limited to, plagiarism.

5. Your obligations and conduct
We understand that individuals under the age of 18 might be looking for tutors in academic and non-academic subjects or want to earn extra money by registering as a tutor. If you are under the age of 18, you MUST obtain parent/legal guardian permission to register as a tutor. You MUST also obtain parent/legal guardian permission to contact registered tutors in our listing service. We encourage parents/legal guardians to actively participate in their child's tutoring needs.

Children under the age of 13 are not permitted to use the Search A Tutor service and must arrange for a parent or guardian to register with us on their behalf and that parent or guardian shall be the Student for the proposes of these Terms.  

You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site ("Content"). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Search A Tutor or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.  Search A Tutor reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.

You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that Search A Tutor, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a user with or without notice. You agree that you will not use the Site to do the following behaviour:

  • 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 profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
  • Use the Site for any purpose that is in violation of local, provincial, national, or international law, including without limitation minimum wage and working condition 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, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden 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.  By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use the Site: (a) you have and will at all times comply with all applicable laws and regulations; (b) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of terms and conditions in these Terms of Use; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.

By using the Site, you understand and agree that Search A Tutor may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Search A Tutor may revise the Eligibility Conditions from time to time and require new conditions and certifications. You also understand and agree to abide by such revised Eligibility Conditions. If you cannot abide by the Eligibility Conditions, then you must discontinue using the Site immediately. The latest Eligibility Conditions can be found at WEBSITE LINK TO THE TERMS OF USE HERE.

You hereby authorize Search A Tutor to verify the above representations and warranties by you and you acknowledge and agree that Search A Tutor shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Search A Tutor may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.

The preceding paragraph notwithstanding, you understand and agree Search A Tutor, at this time, DOES NOT conduct background checks of any user. You also understand and agree Search A Tutor neither confirms nor denies the validity of information provided by users and that Search A Tutor does not verify that any or all of the Eligibility Conditions are met by users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.

Search A Tutor expressly disclaims, and you expressly release Search A Tutor from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a user's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any user.

Alleged improprieties by any Student and/or Tutor may be reported to Search A Tutor by email at info@searchatutor.ca.

6.  Transacting Business & Fees

Search A Tutor does not charge fees to Tutors for the creation of tutor profile listings, nor to Students for searching and viewing tutor profile listings.  Messaging to discuss specific tutoring needs between a student and tutors is also provided free of charge and is available through the Site.  Each time a student has found the right tutor, the booking will be finalized when the student pays the flat rate Finding Fee of $10 using the secure payment method through the site.  This payment will immediately release student and tutor contact details consisting of each other’s emails/phone numbers.

Messaging Policy
When a student BOOKS & PAYS and payment has been processed, the Site will release personal contact information.  Phone numbers, email addresses and any other means of personal contact information are not allowed to be exchanged when messaging via the Site’s platform.  You agree that our administrators have the right to screen all messages for personal contact information (email, phone number, address, etc) and the violation of this policy will result in the deactivation of your Search A Tutor account.

Finder’s Fee Policy
For every specific tutoring request, a flat rate Finder’s Fee of $10 will be charged to the student.

Tutors set their own hourly tutoring rate as posted on their profile listing.  Search A Tutor is not liable to Tutors for any tutoring fees that have not been paid and will not get involved in any disputes about fees between a Tutor and a Student.  Search A Tutor is not liable to Students for any tutoring sessions that have not been provided by a Tutor.
Students are responsible for honoring accepted Book a Tutor requests.  As a student, each time you BOOK & PAY, you are entering into a business relationship directly with that Tutor and these Terms and all other terms and conditions as set out in the Tutors profile listing may apply.  Your Tutor is self-employed.  You and your Tutor are responsible for agreeing on all matters relating to the payment method, timing, location and duration of tutoring sessions. Search A Tutor is not a party to such a Contract and is not responsible for the performance of any obligations agreed or impliedly agreed between yourself and the Tutor.  

7. Third party reports

Search A Tutor may use 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"). Search A Tutor 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. Search A Tutor  does not independently verify information in the consumer reports.

You hereby consent to Search A Tutor collecting, using and disclosing the information in the consumer reports. You understand and agree that Search A Tutor 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 Search A Tutor 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. Search A Tutor reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Search A Tutor’s sole discretion.

8. Confidentiality of Search A Tutor information

You may obtain direct access via the Site to certain confidential information of Search A Tutor and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Search A Tutor and its affiliates.

The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Search A Tutor, 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, 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 Search A Tutor adequate to afford Search A Tutor the opportunity to object to the disclosure.

9. Content submitted to the site

Search A Tutor does not claim ownership of the Content that you place on the website and shall have no obligation of any kind with respect to such Content. All material you upload remains yours. You can remove your Content at any time by deleting your Account. Unless otherwise stated herein, any Content that you provide in connection with this website shall be deemed to be provided on a non-confidential basis. Search A Tutor shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant Search A Tutor an irrevocable, worldwide, perpetual, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, publicly perform, adapt, resell and publish such Content (including, but not limited to, in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Search A Tutor, its affiliates, and third-party providers of any information that you may provide on the Site.

10. Third party verification services

Search A Tutor may make available one or more third party verification services that enable users of the Site to inquire about information including, but not limited to, another user’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that Search A Tutor shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate.

11. Advertisements and promotions

Search A Tutor may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Search A Tutor found on or through the Site, 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. Search A Tutor 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-Search A Tutor advertisers on the Site.

12. Content provided via links

You may find links to other websites or resources on the Site. You acknowledge and agree that Search A Tutor is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Search A Tutor will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

13. Intellectual property rights
Except as expressly authorized by Search A Tutor 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 modify, decompile, or reverse engineer any software Search A Tutor discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

" Search A Tutor Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Search A Tutor uses in connection with its products and services. You may not remove or alter any Search A Tutor Trademarks, or co-brand your own products or material with Search A Tutor Trademarks, without Search A Tutor's prior written consent. You acknowledge Search A Tutor’s rights in Search A Tutor Trademarks and agree that any use of Search A Tutor Trademarks by you shall inure to Search A Tutor's sole benefit. You agree not to incorporate any Search A Tutor Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Search A Tutor on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.

14. Termination and suspension

Search A Tutor reserves the right to suspend and/or terminate 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 terminated, you will make no further use of the Site after termination or during suspension.

15. Disclaimer of warranties

Use of the Site is at your sole risk unless otherwise explicitly stated. The Site, including the information, services, and Content, is provided on an "as is", "as available", and "with all faults" basis. Search A Tutor disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. Search A Tutor makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Site.

Search A Tutor makes no warranty or representations that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, Content, information, or other material purchased or obtained from Tutors will meet your expectations or requirements; or (d) any errors in the Site will be corrected.

You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from the Site, including any damages resulting from computer viruses.

16. Limitation of liability

The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. You understand and agree that Search A Tutor has no control over the acts or omissions of any User and that Search A Tutor makes no representations or warranties about the quality of the services provided by any User. You understand and agree that Search A Tutor is not responsible for the performance or conduct, whether online or offline, of any User of the Site. As such, Search A Tutor expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site.

Users of the Site transact between themselves. Search A Tutor will not be involved in any user interactions. Search A Tutor is not responsible for disputes, claims, loss, injury, or damage of ANY KIND that might arise during and after user interaction.

You understand and agree that Search A Tutor has no control over the acts or omissions of any user on or off the Site and that Search A Tutor makes no representations or warranties about the quality of the services provided by any user. You understand and agree that Search A Tutor is not responsible for the performance or conduct, whether on or off the Site, of any user. As such, Search A Tutor expressly disclaims, and each User expressly releases Search A Tutor from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of users on or off the Site.

To the full extent permitted by law, Search A Tutor is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if Search A Tutor has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Site; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the Site; (c) statements or conduct of any third party on the Site, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information users may download, use, modify, or distribute.

17. Assumption of risk

You agree and understand that you assume all risks when using the Site, including, but not limited to, any and all of the risks associated with any online or offline interactions with other users. You agree to take all necessary precautions, including, but not limited to, when interacting with other users.

18. Indemnification

You agree to indemnify, defend, and hold harmless Search A Tutor and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney's fees and court costs, incurred by Search A Tutor in any way related to your (a) acts and/or omissions on or off the site; (b) or your violation of any rights of another; (c) breach of these terms of use; (d) disputes with or between other users; (e) use and/or misuse of the site, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading user information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third-party websites, including without limitation such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) user information and any acts or omissions with respect to such user information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site. You further agree that you will cooperate as requested by Search A Tutor in the defense of such claims. Search A Tutor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and you shall not, in any event, settle any claim or matter on behalf of Search A Tutor without the written consent of Search A Tutor.

19. Accounts

Search A Tutor retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Search A Tutor reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

20. Injunction

You agree that any material breach of the Terms will result in irreparable harm to Search A Tutor for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Search A Tutor will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Search A Tutor seeks such an injunction.

21. Notices; modification and termination of services; amendment of terms

Search A Tutor may provide notice to users via email, regular mail, or posting notices or links to notices on the Site. Search A Tutor reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Search A Tutor may also delete, or bar access to or use of, all related information and files. Search A Tutor will not be liable to users or any third-party for any modification, suspension, or termination of service, or loss of related information. Search A Tutor may amend these Terms at any time by posting the amended terms on this Site.

22. Governing law

This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of the Province of Ontario. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

23. Entire agreement

These Terms constitute the entire agreement between you and Search A Tutor relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Search A Tutor or third-party products or services.