1. Introduction

  1. The InTuitionX website is owned and operated by InTuition Technologies (Pvt) Limited (hereinafter referred to as InTuition Technologies) a company registered in Sri Lanka, registered office at No.133/19A, Nawala Road Narahenpita. By using the Site you agree to be bound by these terms of use terms together with the privacy and cookie policy accessible in the Site. These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the Site. If you have any questions, you can contact us by email at support@intuitionx.net.
  2. We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. Updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
  3. The Site operates as a platform to allow tutors to provide online tutoring services to students.
  4. Furthermore InTuition Technologies enables the payment by students to tutors and associated services relating to billing.
  5. InTuition Technologies does not itself provide tutoring services, or materials relating to tutoring services.
  6. InTuition Technologies shall not be held responsible for any improper behaviour by the tutors or students.

2. Registering and communicating on the Site

  1. When you register with the Site you will create a username and password. You are responsible for keeping your username and password confidential and you are responsible for any activity under your InTuitionX account. Please take precautions to protect your password and contact us immediately by email at support@intuitionx.netif you believe there has been any unauthorised use of your InTuitionX account.
  2. When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.
  3. All contact between a Tutor and a Client and/or Student must take place through the Site. If a Tutor, Client and/or Student is found to have communicated outside of the Site in order to circumvent the payment of Fees, then the InTuitionX account of the Tutor, Client and/or Student shall be immediately terminated, and InTuition Technologies reserves all rights and remedies available to it, including the right to claim damages for breach.

3. Registering as a Tutor

  1. If you wish to apply to become a Tutor on the Site, you must (i) be at least 18 years old and legally capable of entering into a contract; (ii) be experienced and qualified to provide the Tutoring Services that you wish to provide; (iii) be legally entitled to work in the country on which you are offering tutoring services (iv) operate on a self-employed basis; and (v) not be prevented from working with children and not be listed anywhere in the world on a list of individuals who are barred from working with children or with vulnerable adults.
  2. You cannot register more than one InTuitionX account. You should complete the Application Form, and submit it to us for our review. We may, at our discretion, conduct with you a telephone interview, a video interview and/or a face-to-face interview to determine your suitability to be a Tutor on the Site.
  3. If we, at our discretion, agree to register you at the Site as a Tutor we shall notify you accordingly. You shall then include within your account appropriate information and materials relating to your Tutor listing. You warrant and represent that the information and materials that you upload to the Site shall (i) relate only to you; (ii) be accurate and complete; and (iii) comply with all applicable laws. You further warrant that our use of such information and materials on the Site shall not infringe any copyrights,rights of confidentiality or other third party rights. We reserve the right to remove or edit any such materials at our sole discretion.
  4. You warrant and represent that at the time of submission to InTuitionX, all of the information in the Application Form is accurate and complete, and you shall immediately notify us if any of the information in the Application Form changes at any time.
  5. Tutors acknowledge that InTuitionX is a trademark, and you may not use or reproduce the mark without our prior written consent.
  6. Tutors shall treat all personal data relating to a Student as confidential and secure, and not share such personal data with any third party, or use such personal data for any purpose except to provide the Tutoring Services. Tutors shall take appropriate security measures (including physical, electronic and procedural measures) to help safeguard such personal data from unauthorized access, loss and disclosure.

4. Tutoring Services

  1. In relation to all Sessions, the Tutor agrees to (i) provide at the Tutor’s own cost all appropriate materials, including connection, computer, headset, microphone and appropriate teaching materials and aids; (ii) ensure that the Tutor’s system operates with the latest available version of security software to protect against the transmission of viruses and malware; (iii) provide the Tutoring Services at the time booked unless otherwise agreed; (iv) provide the Tutoring Services with reasonable skill and care and to the best of the Tutor’s ability; (v) immediately notify InTuitionX if the Tutor becomes incapacitated in any way or is otherwise unable at any time to provide the Tutoring Services; Tutors should act professionally at all times in their interactions with Students, and in particular should not complete course work or homework for a Student.

5. Student Obligations

  1. Students must be at least 18 years old to book a Class on the Site themselves. Otherwise, the Student must be represented by a parent or legal guardian who can consent for the Student to receive Tutoring Services.
  2. In relation to all Sessions, the Student agrees to (i) provide at the Student’s own cost all appropriate materials, including connection, computer,headset, microphone and appropriate teaching materials and aids; (ii) ensure that the Student’s system operates with the latest available version of security software to protect against the transmission of viruses and malware; and (iii) attend the Tutoring Services at the time booked unless otherwise agreed.
  3. On completion of a Session, the Student may be invited to rate the Session through a star system. All ratings must be honest and truthful.
  4. Students have up to 7 days to raise a dispute in relation to the provision of the Tutoring Services for that Session. The Tutor, and Student each agree to cooperate fully with InTuition Technologies in resolving any such dispute. InTuition Technologies shall take reasonable care in determining the outcome of a dispute, and if appropriate, shall refund all or part of the Fee deducted from the Student account in respect of such Session. InTuition Technologies shall use reasonable endeavours to resolve a dispute within 3 working days, and the InTuition Technologies decision in relation to a dispute shall be final.

6 .Non-Competition

  1. For the entire duration of this agreement, and for 1 year after this agreement is terminated by any party (InTuition Technologies, a student or a tutor) for any reason, neither the student or tutor shall work directly or indirectly, as a tutor, either personally or as an employee, officer, director, partner, consultant, agent, owner or engage in any other capacity with a competing company operating in Sri Lanka or similar online learning platform operating in Sri Lanka.
  2. Tutors shall not be bound by the preceding clause if they give one months’ notice prior to terminating this agreement.

7. Site Communications and Availability

  1. All communications between the Tutor and the Student, including feedback after a Session, must be fair, honest and appropriate in the context of the Tutor/Student relationship. In particular, you warrant and represent that your communications shall not include content that (i) is defamatory, obscene or offensive; (ii) is in breach of applicable laws; (iii) harasses another user; (iv) involves the transmission of junk mail or spam; (v) engages in commercial activities not relating to Tutoring Services; (vi) is inciting hatred of any sort; and/or (vii) contains any virus or malicious code.
  2. We will use reasonable endeavours to maintain and make available to you the Site available at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use our endeavours to notify all users of any scheduled maintenance or upgrades by posting a notice on the Site, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
  3. You further agree that from time to time, there may be delays on communications through the Site and/or break-up in sound or images. Again, we shall have no liability for such delays or break ups.
  4. For the avoidance of doubt, we shall also not be liable if you are unable to access the Site for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.

8. Tutors and Students are customers of InTuition Technologies

  1. The Tutor agrees that he/she is a customer of InTuition Technologies.
  2. Tutors agree that they are self-employed (or the local equivalent) and are not employees or workmen of InTuition Technologies.
  3. Students are customers of InTuition Technologies.

9. Fees and Payment

  1. Students agree to pay the tuition fees (and the payment gateway fee) in accordance with the scheme set up by the Tutor i.e per class, per month or per course.
  2. Tutors agree to pay the service charge (and the payment gateway fee) once a week. The service charges and the payment portal charge is detailed in the “Pricing” page of the InTuitionX website.
  3. The Tutor shall not request that a Student and or Client pays any sums to the Tutor directly for the provision of Tutoring Services, and each party shall promptly report to InTuitionX any suggestion by another party to do so. If a Tutor, or Student is found to have breached this Condition , then the InTuitionX account of the Tutor, or Student may be immediately terminated, and InTuitionX reserves all rights and remedies available to it, including claiming damages for such breach.
  4. The payment processing services on the Site are provided by an online payment portal and are subject to such third parties terms of use. As a condition of InTuition Technologies enabling payment processing services, you agree to provide InTuition Technologies accurate and complete information, and you authorise InTuition Technologies to share it and transaction information related to your use of the payment processing services provided by the third party payment provider.
  5. InTuitionX shall transfer the income of the Tutors to their respective bank accounts on the last day of every month.
  6. Tutors agree that the nominal fee charged by the bank to transfer the tuition fees to their respective accounts shall be borne by the tutors.
  7. Students agree that InTuition Technologies is not responsible for refunding paid tuition fees under any circumstances.

10. Cancellations and Postponements

  1. A Tutor may cancel a Class provided that the Tutor notifies the Students through the Site messaging service. There shall be no penalty charged from the Tutor if he/she wishes to cancel the lesson.

11. Disclaimer – Your attention is particularly drawn to these provisions

  1. Students and Clients agree that whilst InTuitionTechnologies uses all reasonable endeavours to verify the information provided by Tutors, InTuition Technologies has no liability for any errors or omissions in such information and/or for the Tutoring Services provided by the Tutor. Furthermore, we do not warrant that any Tutor will be booked to provide Tutoring Services or that a Student will find an appropriate Tutor as a result of registering at the Site.
  2. The tutor is solely responsible for his actions, teaching methods, subject materials and behaviour during a live class.

12. Intellectual Property Rights

  1. The copyright in all Site Content is owned by or licensed to InTuition Technologies. All rights are reserved. You can view, print or download extracts of the Content for your own use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Site Content without our permission.
  2. The Tutor acknowledges and agrees that InTuition Technologies shall be entitled to record the Session, and retain such recording for its own purposes, including to resolve a dispute. Accordingly, the Tutor hereby (i) waives all rights it might have in relation to such recording, including performance and moral rights; and (ii) grants to InTuition Technologies the right to record the Session, including all films, images and other materials included within the Session by the Tutor.
  3. The Tutor warrants that it has the right to include any films, images and other materials that it may use in a Session, and that the reproduction on the Site and within any recording made by InTuition Technologies will not infringe any third party rights including copyrights, rights of privacy or rights of publicity. All such films, images and other materials shall be up-to-date and accurate, comply with all applicable laws and represent good teaching practices.

13. Termination or Suspension

  1. We reserve the right to suspend or terminate a Client and a Tutor’s InTuitionX account at any time and for any reason without liability, including (i) if any information that you provide to us is not true or we cannot verify or authenticate any such information; (ii) you are convicted of a criminal offence or act in any way that may bring InTuitionX into disrepute; (iii) after a one (1) month continuous period of inactivity; and/or (iv) if we receive frequent complaints or disputes are frequently raised in relation to your activities on the Site.
  2. Following termination by us of your InTuitionX account you must cease to use the Site and you must not re-register as a Tutor or Client on the Site under any other name.
  3. A Client or a Tutor may contact us at any time to terminate their InTuitionX account, and provided there are no outstanding sums due or payable, we shall delete the account within 10 days of receipt of such a notice.

General

  1. These Terms and the Privacy & Cookie Policy (as amended from time to time) constitute the entire agreement relating to your use of the Site and App.
  2. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
  3. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  4. We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.

Governing Law & Jurisdiction

  1. These Terms shall be governed by and construed in accordance with Sri Lankan law and you agree to submit to the exclusive jurisdiction of the Sri Lankan Courts.