Welcome to Learnege. Your use of our services as a TUTOR or STUDENT, including but not limited to the services We make available through this platform (the "Site’) and any material, software or services offered by Learnege in connection with this Site is governed by these TERMS of services, so please carefully read them before using the Services. For the purpose of these TERMS "We”, "our”, "us” refer to Learnege.
1.Description of Service
1.1.Learnegeis a teaching platform for Teacher and Students to connect for learning and its mission is to improve lives through learning. Learnege provides an online platform that allows Tutors ("Tutors") and individuals seeking Tutoringor educational services ("Students") to connect with one another with the goal of allowing Tutors to offer Tutoring or educational services ("Lesson Services") to Students ("Students" and "Tutors" shall also be referred to hereinafter, collectively, as "Users").
1.2.The Company makes available to Users such functionalities as: search engine for listing and finding Tutors, user profiles, audio video chats, outbox and inbox chat, calendars and options to attach materials.
1.3.Learnege does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for you interactions with or reliance on any user or user conduct.Learnege assumes no responsibility for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any of the users, although it may choose to take action to do so independently, in its sole discretion and solely for its own benefits.
2.1.By accessing the Site, you consent to these Terms and Conditions in electronic form and constitute a legally binding agreement. To withdraw this consent, you must cease using the Site and, if applicable, terminate your account. Users under the age of 18 must (a) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms and Conditions, and (b) not access the Site if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.
3. Terms of Service with Tutor
3.1.Learnege is not a provider of Tutoring services. Learnege role is solely to facilitate the availability of the Site and Services. Similarly, Learnege is not a contracting agent or representative of any Tutor or STUDENT. Tutors are independent contractors and are not employees or agents of Learnege. As a Tutor, you agree that you are an independent contractor, that you are not an employee or agent of Learnege, and that nothing in this Terms of Service will be construed as establishing an employment or agency relationship betWeen Tutor and Learnege. Tutor have no authority to bind Learnege by contract or otherwise. Tutor will determine, in their sole discretion, the manner and means by which they provide Lesson Services in connection with this Terms of Service or as related to the Services or Site, as Well as the price for the Lesson Services, subject to the requirement that Tutor will at all times comply with applicable law. Tutor will not be entitled to any benefits paid or made available by Learnege to its employees, including, without limitation, any vacation, sick leave or similar pay or benefit, or to participate in any plans, arrangements or distributions made by Learnege pertaining to any bonus, profit sharing, insurance or similar benefits.
3.2.Tutoragree that they are fully and solely responsible for all goods and services that they provide using the Services and for any and all injuries, illnesses, damages, claims, liabilities and costs that they cause to other Users
3.3.We have the right, but not the obligation, to monitor any activity and content associated with these Services.
4. TUTOR RESPONSIBILITIES
As a Tutor, you acknowledge and agree to the following
4.1.You are solely responsible for your interactions with Students. You understand that Learnegebears no obligation to screen Students in any way. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site or providing Lesson Services and disclosing personal information to Students. You agree to take reasonable precautions in all interactions with Students. Your use of the Site and Services and provision of Lesson Services is at your sole risk and discretion.
4.2.Learnege reserves the right to contact Tutors and Students, in compliance with applicable law, in order to evaluate compliance with the rules and Law enforcing agencies set forth in this Agreement. If you ever believe that a Student or another Tutor has violated the law or is defrauding, threatening or endangering anyone, Learnege urges you to immediately contact the police directly for help.
4.3.You will comply with all applicable local, state, national and foreign laws, treatises and regulations in connection with your provision of Lesson Services.
4.4.You are solely responsible for the content of the communications, assistance and direction that you provide as part of the Lesson Services
4.5.You are solely responsible for all equipment necessary to access and use the Site and Services and to provide Lesson Services
4.6.You will not record or otherwise store any Lesson Service sessions that you provide through the Site or Services.
4.7.You will not use the Site or Services or provide Lesson Services in any manner that harasses a Student or another Tutor or could interfere with any other party's use or enjoyment of the Site, Services or Lesson Services. You will respect the privacy of others and not use the Site, Services or Lesson Services for unWelcome, rude or abusive communications or in any other manner as determined by Learnege in its sole discretion.
4.8.You may not use the Site or Services to contact a User to meet in person. You may not provide Lesson Services to a Student outside of the Site or Services, nor will you attempt to obtain payment or compensation for Lesson Services except in accordance with the "Payments” section, below. Provided further, that all the Tutor at Learnege are prohibited to add/share any personal contact information including but not limited to phone numbers, email address, Websites.
4.9.The Tutor shall be bound to provide their name, current photo, Identification Details as on their Computerized National Identity Card, Passport and by which they operate their Bank Account at the time of registration. In case the Tutor fails to do so at the time of registration he/she shall be liable to provide the same at the time of withdrawal. Provided that at any time during the service, Learnege have absolute right to ask Identification Details.
5. Terms of Payment with Tutor
5.1.If you register to use the Site and Services as a Tutor and provide Lesson Services via the Site and Services, you may be entitled to receive a payment from Students for the provision of Lesson Services ("TUTOR Payment”). You may determine the amount that you wish to charge for your Lesson Services in your discretion, and this information will be displayed publicly in our searchable database. When a Studentsigns up for a Lesson Service session (or sessions) with you, We will obtain the requested Tutor Payment from him or her, and once the Lesson Service session (or sessions) is completed, We will transfer the Tutor Payment to you, after deducting our 25% service charge (the "Service Charge”). The Service Charge shall consist of a percentage of the total Payment.
5.2.The Tutor can withdraw his/her due payments only once a month i.e. once in 30 Days.
5.3.You acknowledge and agree that Learnegereserves the right, in its sole discretion, to prospectively modify its rate for Service Charges at any time. If We modify the rates for Service Charges, We will post the modified rates on the Site with thirty (30) days advance notice of the modification effective date or otherwise provide you with notice of the modification via email. By continuing to provide Lesson Services after We have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Service Charge rates. If the modified Service Charge rates are not acceptable to you, your only recourse is to cease providing Tutoring services via the Site and Services
5.4.Please note that if a Tutor Payment sent by Learnege to you in accordance with these Tutor Terms of Service is later invalidated or reversed for any reason (e.g. a Student requests a refund), you will be liable to Learnege for the full amount of such Tutor Payment that Learnegesent to you and any fees related there to. This means that you will be responsible for reimbursing Learnege in the event of a chargeback, reversal of payment or other claim by a Student in this regard. You will also be responsible for the applicable Service Charge if you fail to provide Lesson Services that you previously agreed to provide to a Student, and Learnege is forced thereby to return the TutorPayment to the Student. You agree that any amounts oWed by you to Learnegemay be deducted directly from future Tutor Payments to you.
6. Terms of Service with Students
6.1.You are responsible for selecting the right Tutor for their needs. You waive and release Learnege from any liabilities arising from or related to any act or omission of a Tutor in connection with your use of the Services.
6.2.Learnege does not control the price, the availability, quality, relevance or accuracy of any lesson service provided by Tutor’s, and Learnege does not determine whether any Tutor is qualified to provide any specific advice, or whether a Tutor is categorized correctly on in the most appropriate category to provide the advice sought by a Student
7. Terms of Payment with Students
7.1.When you make a payment, you agree to use a valid payment method. International Users shall make payments through PayPal in USD only and Users living in Pakistan shall make payments through EasyPaisa or Deposit in Learnege provided Bank Account in PKR. Provided that the payments made are non-refundable.
7.2.We regularly run promotions and sales for our courses and provide discounted codes. The user may redeem the discounts at the time of checkout. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.
7.3.If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies.
7.4.The payment has to be made in the local currency by the Student living in Pakistan. All International Students shall pay the price in USD only
7.5.You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as easypaisa, paypal for international user or Learnege wallet) for those fees.
7.6.An amount deposited in your Learnege account wallet as advance payment shall not be reimbursed in cash value and can only be redeemed at Learnege
7.7.When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which We have not received adequate payment.
7.8.If the course you purchased is not what you Were expecting, you can request, within 24 Hours of your purchase of the course, that Learnege apply a refund to your account. Where you have right to receive refund due to a dispute during or after lecture, you shall only be entitled to the same, if the dispute is notified to us by you within 24 Hours of the end of lecture otherwise your right to refund shall be deemed to be waived by you. Provided,We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion. No refund is due to you if you request it after the 24 Hours guarantee time limit has passed.
7.9.At our discretion, if We believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a course that you want to refund or if you’ve previously refunded a course, We reserve the right to deny your refund, ban your account, and/or restrict all future use of the Services. If We ban your account or disable your access to a course due to your violation of these Terms you will not be eligible to receive a refund.
8. Registration and Account Creation
8.1.In order to use the Services, you will be required to register as a user and to provide us with personally identifiable information, including your name, country of residence, time zone, email address, phone number, username and password ("Credentials”). Registering for the Services is free of charge. Provided that Learnege have absolute right to modify the Registration charges at any time with notification on Website.
8.2.When you register with Learnege and set up your account ("Account”), you: (i) agree to provide Learnege with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize Learnege, directly or through third parties, to make any inquiries We consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
8.3.We handle your personally identifiable information with the utmost attention, care and security. Nonetheless, you, not us, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify us promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify us immediately.
8.4.You will be asked to create a user profile (a "Profile”) in the course of registering for the Services. You may edit and update your Profile freely, and may also upload an image of yourself to use as a profile picture ("Profile Photo”). Creating a Profile Photo is voluntary, and you may remove your Profile Photo at any time.
8.5.You agree that you will not permit, enable, introduce or facilitate (i) persons who do not have an Account to have access to or use the features of the Site and Services only made available to Users; and (ii) other Users to use a specific Lesson Service through your Account, including at the same time that you are doing so.
9. Prohibition to Share Personal Information
9.1.The Tutor and the Student are strictly prohibited from sharing personal information with other Tutor and Students. In case of violation, the user will be penalized in any form Learnege may decide including but not limited to monetary and termination of account.
10. No Endorsement
10.1.Learnege does not endorse any User and you are responsible for determining and confirming the identity and suitability of the Users interacted with as a result of your use, or use by any third party, of the Site and Services. We are not your agent or the agent of any User. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or Students. By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Tutors, Students or other third parties will be limited to a claim against the particular TUTOR, STUDENT or the third parties who caused you, or such third party, harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from Learnege with respect to such actions or omissions. In addition, Learnege is not responsible for the use or exchange of any information or files betWeen Users. Furthermore, Learnege does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by or betWeen Users. Accordingly, We encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services.
10.2.Learnege is not liable for potential settlements betWeen the Users, created in the result of using the Services or its individual services, nor is it liable for potential settlements with tax bodies appropriate for the Users, arising from cooperation betWeen the Users.Learnege is not liable for any damages and losses incurred by the Users arising from cooperation or interactions betWeen the Users within the Services.
11. No Unlawful or Prohibited Use/Intellectual Property
11.2.All content included as part of the Service, such as text, graphics, logos, images, as Well as the compilation thereof, and any software used on the Site, is the property of Learnege or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
11.3.You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Learnege content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Learnege and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Learnege or our licensors except as expressly authorized by these Terms.
11.4.Trademarks, logos, service marks and trade names (collectively the "Trademarks") that are ours or Trademarks of any third party displayed on the Site or on content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site's products and services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited
12. RIGHT TO MONITOR AND EDITORIAL CONTROL
12.1.We reserve the right, but do not have an obligation, to (a) monitor and/or review all materials posted to the Site or through the Site's products, services, or features or (b) refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable, violate these TERMS and Conditions, or violate applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if We believe you are in breach of the guidelines set forth in this paragraph, our TERMS and conditions or applicable law, or for any other reason without notice of liability.
13. Third Party Services and Content
14.1.You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
15.1.If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services We offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone.
16. APPLICABLE LAWS AND DISPUTE RESOLUTION
16.1.We control and operate the Site from our offices in the Pakistan. We do not represent that materials on the Site are appropriate for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with Laws of Islamic Republic of Pakistan. All parties to these Terms and Conditions waive their respective rights to a trial by jury. The exclusive means of resolving any dispute or claim arising betWeen a TUTOR and STUDENTwill be BINDING DISPUTE RESOLUTION administered by the Learnege.
16.2.By using the Site, you agree to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims betWeen you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
16.3.Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.
17.1.We may terminate, change, suspend or discontinue any aspect of the Site or the Site's products or services at any time. We may restrict, suspend or terminate your access to the Site and/or its products or services if We believe you are in breach of these TERMS and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
17.2.Learnege has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, or if We suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination We may delete your account and content, and We may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that We will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
18.1.We reserve the right, at our sole discretion, to modify any portion of these TERMS and Conditions at any time. Changes in these TERMS and Conditions will be effective when posted. Your continued use of the Site and/or the products or services offered on or through the Site after any changes to these TERMS and Conditions are posted will be considered acceptance of those changes.
19. Content and Behavior Rule
19.1.You can only use Learnege for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with TERMS and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
19.2.You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of country where Learnege is operating. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
19.3.You may not access our Services if you are from a territory where Pakistan businesses are prohibited from engaging in business
19.4.If you are a STUDENT, the Services enable you to ask questions to the Tutors of courses you are enrolled in, and to post reviews of courses. For certain courses, the TUTOR may invite you to submit content as "homework” or tests. Don’t post or submit anything that is not yours.
19.5.If you are anTUTOR, you can submit courses for publication on the platform and you can also communicate with the Students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, ansWer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences..
19.6.If We are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if We discover that your content or behavior violates our TERMSor if We believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), We may remove your content from our platform. Learnege complies with copyright laws.
20. Liability Disclaimer
20.1.THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LEARNEGE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
20.2.LEARNEGE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LEARNEGE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Learnege Welcomes your questions or comments regarding the Terms: