TUTOR TERMS AND CONDITIONS
Effective Date: November 1, 2026
Contents
- TUTOR STATUS, RELATIONSHIP WITH THE PLATFORM AND ACCEPTANCE OF TERMS
- TUTOR ELIGIBILITY, QUALIFICATIONS AND VERIFICATION
- TUTOR ACCOUNT AND PLATFORM ACCESS
- TUTOR SERVICES AND PROFESSIONAL RESPONSIBILITIES
- BOOKINGS, SCHEDULING, ATTENDANCE AND RESCHEDULING
- COMPLETED LESSONS AND TUTOR PAYMENTS
- COMMUNICATION AND CONTACT WITH STUDENTS
- TUTOR CONDUCT, SAFEGUARDING AND STUDENT PROTECTION
- ACADEMIC INTEGRITY AND EDUCATIONAL STANDARDS
- TUTOR MATERIALS AND INTELLECTUAL PROPERTY
- STUDENT INFORMATION, CONFIDENTIALITY AND PRIVACY
- REVIEWS, RATINGS AND TUTOR PERFORMANCE
- COMPLAINTS, REPORTS AND LESSON DISPUTES
- SUSPENSION, RESTRICTION AND TERMINATION
- TUTOR LEGAL AND FINANCIAL RESPONSIBILITIES
- GENERAL PROVISIONS
- CONTACT US
1. TUTOR STATUS, RELATIONSHIP WITH THE PLATFORM AND ACCEPTANCE OF TERMS
1.1 Tutor Approval
1.1.1 A person may provide Tutor Services through the Platform only after being approved, registered, verified and onboarded by the Company as a Tutor.
1.2 Independent Contractor Relationship
1.2.1 The Tutor is an independent contractor who provides tutoring services through the Platform and is not an employee, agent, partner or representative of the Company.
1.3 Acceptance and Compliance
1.3.1 By becoming a Tutor and providing Tutor Services through the Platform, the Tutor agrees to comply with:
- these Tutor Terms and Conditions;
- the General Terms and Conditions applicable to Tutors;
- the Company's policies, rules, guidelines and procedures applicable to Tutors; and
- any additional terms or requirements communicated by the Company from time to time.
1.3.2 The Tutor is responsible for understanding and complying with the requirements applicable to their use of the Platform and provision of Tutor Services.
1.4 No Authority
1.4.1 The Tutor has no authority to act as an employee, agent, partner, joint venturer or representative of the Company, or to create any obligation or liability on behalf of the Company.
1.4.2 The Tutor must not represent or imply to any Student, parent, guardian or other person that the Tutor has authority to bind, represent or act on behalf of the Company except where expressly authorised by the Company.
1.5 Tutor Services and Platform Services
1.5.1 The Tutor is responsible for the provision of Tutor Services, including, where applicable:
- preparing for and delivering lessons;
- providing appropriate tutoring and learning support;
- preparing or providing Tutor-created learning materials;
- giving assignments or other work required as part of a lesson;
- marking assignments and providing results where required;
- recording and uploading lessons where required; and
- complying with the requirements applicable to the relevant booking or lesson.
1.5.2 The Platform facilitates services and processes that may include Student and Tutor discovery, matching, bookings, scheduling, communication, administration, verification, technical functionality and safety-related processes.
1.5.3 The Platform's role does not make the Company responsible for the Tutor's performance or delivery of Tutor Services.
1.6 Responsibility for Tutor Services
1.6.1 The Tutor is responsible for providing Tutor Services in accordance with:
- these Tutor Terms and Conditions;
- the applicable booking details and lesson requirements;
- the Company's policies, rules and guidelines; and
- any other requirements communicated by the Company that apply to the Tutor Services.
1.6.2 Tutor Services must be provided professionally, responsibly and at a level appropriate to the Tutor's verified subjects, qualifications and approved education levels.
1.7 Suspension
1.7.1 The Company may suspend or restrict a Tutor's account or access to Tutor Services in accordance with these Terms, the General Terms and Conditions and applicable Company policies.
1.7.2 The specific grounds and procedures relating to suspension, restriction and termination are addressed in the applicable sections of these Tutor Guidelines and other applicable terms.
2. TUTOR ELIGIBILITY, QUALIFICATIONS AND VERIFICATION
2.1 Minimum Academic Qualifications and Subject Training
2.1.1 A Tutor must meet the minimum academic qualification requirements applicable to the level of Students they are approved to teach.
2.1.2 The minimum academic qualification requirements are:
- Primary School: at least a Certificate-level qualification; and
- Junior School, Senior School and High School: at least a Diploma-level qualification.
2.1.3 A Tutor may hold qualifications higher than the applicable minimum requirement.
2.1.4 In addition to the applicable minimum academic qualification, a Tutor must have relevant training, knowledge or qualifications in each subject the Tutor seeks to teach. Such subject training may form part of the Tutor's academic qualification, professional qualification, teacher-training qualification, recognised subject specialisation, or other relevant training or credential accepted by the Company.
2.1.5 A Tutor may provide Tutor Services only in subjects and at education levels for which the Tutor has been verified and approved by the Company.
2.2 Recognition and Accreditation of Qualifications
2.2.1 Qualifications relied upon by a Tutor for eligibility must be awarded by an institution that is duly recognised, accredited and authorised under the applicable Kenyan education and qualifications framework.
2.2.2 The Company may require a Tutor to provide evidence reasonably necessary to establish the validity, recognition or status of any qualification, training or credential submitted for verification.
2.3 Teachers Service Commission Requirement
2.3.1 Every Tutor must hold a valid Teachers Service Commission (TSC) registration number, regardless of the education level or subjects taught.
2.3.2 The Tutor must provide the Company with accurate TSC registration information and any evidence reasonably required for verification.
2.3.3 A Tutor must immediately notify the Company if their TSC registration or status changes, expires, is suspended, is withdrawn, becomes invalid, or otherwise ceases to accurately reflect their eligibility to provide Tutor Services.
2.3.4 The Company will independently verify the Tutor's TSC status at least once every twelve (12) months and may carry out additional verification whenever reasonably necessary.
2.4 Required Documents and Evidence
2.4.1 A Tutor must provide accurate, complete and current information and supporting documentation required for registration, verification, onboarding and continued eligibility.
2.4.2 Required information or documentation may include:
- proof of identity;
- the Tutor's highest academic qualification;
- relevant testimonials or evidence of teaching or professional experience;
- evidence of relevant subject training or subject qualifications;
- a valid TSC registration number and supporting evidence;
- relevant professional, teaching or other credentials; and
- any other information or evidence reasonably required by the Company for eligibility or verification purposes.
2.4.3 The Tutor must cooperate with reasonable requests for additional information, documentation or verification.
2.5 Verification Before Approval
2.5.1 A person may provide Tutor Services through the Platform only after the Company has approved, registered, verified and onboarded the person as a Tutor.
2.5.2 Before approval, the Company may verify the Tutor's:
- identity;
- academic and professional qualifications;
- relevant subject training;
- TSC registration;
- professional or teaching credentials; and
- other information or documentation relevant to the Tutor's eligibility.
2.5.3 Approval to provide Tutor Services is limited to the subjects and education levels that the Company has verified and approved for that Tutor.
2.5.4 The Company's verification or approval does not constitute an endorsement, accreditation, certification, employment relationship or guarantee of the Tutor, the Tutor's qualifications, suitability, performance or academic results.
2.6 Ongoing and Re-verification
2.6.1 Verification is an ongoing requirement and not a one-time condition of registration.
2.6.2 The Company may require Tutors to undergo re-verification, screening or onboarding checks from time to time.
2.6.3 Unless otherwise required by the Company, general Tutor eligibility and verification information will be reviewed at least twice each calendar year.
2.6.4 TSC registration will be independently verified at least once every twelve (12) months, and may be verified more frequently where reasonably necessary.
2.6.5 A Tutor must cooperate with all reasonable re-verification or screening requirements.
2.7 Keeping Eligibility Information Current
2.7.1 Tutors are responsible for ensuring that all information and documents provided to the Company remain accurate, complete and current.
2.7.2 A Tutor must immediately notify the Company of any material change affecting their eligibility, qualifications, credentials, TSC status, teaching experience, approved subjects or education levels.
2.7.3 This includes any expiry, withdrawal, suspension, invalidation, cancellation or other change affecting a qualification, credential, registration or other information previously provided to the Company.
2.8 Incomplete or Pending Verification
2.8.1 Where required eligibility information or verification remains incomplete or pending, the Tutor's account may immediately become invisible or dormant on the Platform.
2.8.2 A Tutor whose verification is incomplete or pending must stop providing Tutor Services, including ongoing or previously booked lessons, until the relevant verification issue has been resolved.
2.8.3 While the account is dormant, the Tutor may not accept new bookings or provide new Tutor Services.
2.8.4 The account will remain dormant until the outstanding verification or eligibility issue has been resolved and the Company confirms that the Tutor may resume providing Tutor Services.
2.9 Failure to Maintain Eligibility
2.9.1 A Tutor who no longer meets an applicable eligibility requirement may have their account made invisible or dormant and may be suspended from providing Tutor Services until the issue is resolved.
2.9.2 The Company may restrict the Tutor's access to Tutor Services, bookings or other Platform functionality where reasonably necessary to protect Students, maintain verification standards or comply with applicable requirements.
2.10 False, Invalid or Misleading Information
2.10.1 A Tutor must not provide false, misleading, incomplete, altered, forged or otherwise invalid information or documentation concerning their identity, qualifications, experience, credentials, TSC registration, subjects, education levels or eligibility.
2.10.2 Any information provided by a Tutor must accurately represent the Tutor's qualifications, experience, professional status and approved scope of Tutor Services.
2.10.3 Where the Company reasonably believes that information or documentation provided by a Tutor is false, misleading, altered, forged, invalid or otherwise unreliable, the Company may immediately suspend or restrict the Tutor's account while the matter is investigated.
2.10.4 Depending on the circumstances, the matter may result in termination of the Tutor's access to the Platform and Tutor Services.
2.11 Verified Teaching Scope
2.11.1 A Tutor may provide Tutor Services only for the subjects and education levels for which the Tutor has been verified and approved by the Company.
2.11.2 A Tutor must not represent themselves to Students as being qualified, approved or authorised to teach a subject or education level outside their verified teaching scope.
2.11.3 Where a Tutor wishes to add a new subject or education level, the Tutor must first provide any information or evidence required by the Company and obtain approval before providing Tutor Services in that subject or at that level.
3. TUTOR ACCOUNT AND PLATFORM ACCESS
3.1 Tutor Account
3.1.1 A Tutor must create and maintain a Tutor account in accordance with the Company's registration and onboarding requirements.
3.1.2 A Tutor may use only the Tutor account registered and approved for that Tutor.
3.1.3 The Tutor must ensure that all information provided through or in connection with the Tutor account is accurate, complete and current.
3.1.4 The Tutor must promptly update their account information where any information becomes outdated, inaccurate or incomplete.
3.2 Account Security
3.2.1 The Tutor is responsible for taking reasonable steps to protect their account, password and other authentication or login credentials.
3.2.2 The Tutor must keep their password and other account credentials confidential and must not share them with another person.
3.2.3 The Tutor must not knowingly allow another person to access or use their Tutor account or credentials unless expressly authorised by the Company.
3.2.4 The Tutor must take reasonable steps to prevent unauthorised access to their account.
3.2.5 The Tutor must promptly notify the Company if they become aware of, or reasonably suspect, any unauthorised access to, compromise of or misuse of their account.
3.2.6 The Company may require additional verification, authentication or security measures in connection with the Tutor's account or access to the Platform.
3.3 Account Integrity and Personal Use
3.3.1 The Tutor account is personal to the Tutor and must be used only by the Tutor to whom the account has been registered and approved.
3.3.2 A Tutor must maintain only one (1) Tutor account, unless the Company expressly authorises otherwise.
3.3.3 A Tutor must not sell, transfer, rent, license or otherwise provide their Tutor account to another person without the Company's express authorisation.
3.3.4 A Tutor must not create, use or maintain an account using a false identity or information, impersonate another person, or otherwise misrepresent their identity or status.
3.3.5 A Tutor must not access or use another person's account unless expressly authorised to do so.
3.3.6 A Tutor must not create or use multiple accounts for the purpose of evading restrictions, manipulating the Platform, obtaining improper benefits or circumventing Company requirements.
3.3.7 The Tutor is responsible for activity carried out through their Tutor account and must not permit their account to be used in a manner that breaches these Terms, the General Terms and Conditions or applicable Company policies.
3.4 Platform Access and Use
3.4.1 A Tutor may access and use the Platform only for authorised purposes connected with providing Tutor Services and other activities permitted by the Company.
3.4.2 The Tutor must use the Platform in accordance with their approved Tutor status, verified teaching scope and the requirements applicable to Tutor Services.
3.4.3 The Tutor must not attempt to obtain unauthorised access to another person's account, the Platform or any Company system or functionality.
3.4.4 The Tutor must not bypass, disable, interfere with or circumvent any access control, authentication, security measure or other restriction applied to the Platform or the Tutor's account.
3.5 Account Restrictions
3.5.1 The Company may restrict or suspend access to a Tutor account where permitted under these Tutor Terms and Conditions, the General Terms and Conditions or applicable Company policies.
3.5.2 The specific grounds, procedures and consequences relating to suspension, restriction and termination are addressed in Section 14 (Suspension, Restriction and Termination) and any other applicable terms or policies.
4. TUTOR SERVICES AND PROFESSIONAL RESPONSIBILITIES
4.1 Provision of Tutor Services
4.1.1 The Tutor must provide the Tutor Services agreed through the Platform in accordance with the applicable booking and the requirements of these Tutor Terms and Conditions.
4.1.2 The Tutor Services provided must correspond with:
- the subject for which the Tutor has been approved;
- the education level for which the Tutor has been approved;
- the lesson duration and scheduled time;
- the lesson format and other applicable booking details; and
- any specific requirements applicable to the relevant lesson.
4.1.3 The Tutor is responsible for preparing for and delivering each booked lesson and for completing all Tutor responsibilities associated with the lesson.
4.2 Lesson Preparation and Delivery
4.2.1 The Tutor must attend each enrolled lesson at the scheduled time and provide the Tutor Services for the applicable lesson duration, subject to any applicable cancellation or rescheduling provisions.
4.2.2 The Tutor must provide the educational content reasonably required for the booked lesson, which may include:
- lesson materials;
- learning activities;
- questions and exercises;
- demonstrations;
- assignments; and
- other educational content reasonably associated with the lesson.
4.2.3 The Tutor must deliver each lesson at a level appropriate to the Student's education level, subject and learning requirements.
4.2.4 The Tutor must prepare adequately for each lesson and must ensure that any materials or activities required for the lesson are available when the lesson begins.
4.3 Assignments and Post-Lesson Requirements
4.3.1 The Tutor must provide an assignment to the Student after every lesson, unless the Company expressly provides otherwise for a particular lesson.
4.3.2 The Tutor must provide the assignment through the designated Platform feature or method applicable to the lesson.
4.3.3 The Tutor must ensure that the assignment provided is relevant to the subject, education level and learning objectives of the lesson.
4.3.4 The Tutor must mark each assignment submitted by the Student within twelve (12) working hours from the time the Student submits the assignment.
4.3.5 For purposes of calculating the twelve (12) working-hour period:
- working hours are counted only between 8:00 a.m. and 5:00 p.m., Monday to Friday;
- Saturdays and Sundays are not counted as working hours;
- the twelve (12) working-hour period will pause at 5:00 p.m. on Friday where the required period has not yet expired; and
- the period will resume at 8:00 a.m. on the following Monday with the remaining working hours continuing to be counted.
4.3.6 The Tutor must provide the Student with the applicable results and feedback within the same applicable twelve (12) working-hour period and promptly after completing the marking.
4.3.7 The requirements in clauses 4.3.4 to 4.3.6 may be overridden only where the Platform expressly authorises an alternative requirement or deadline.
4.3.8 The Tutor must complete any other post-lesson task, report, submission, update or lesson record required in connection with a lesson within twenty-four (24) hours, unless a different deadline is expressly specified or authorised by the Platform.
4.4 Lesson Recording and Uploading
4.4.1 Every online video lesson conducted through the Platform using an approved third-party video-conferencing service must be recorded by the Tutor.
4.4.2 The Tutor must conduct online video lessons only through third-party video-conferencing services expressly approved by the Company for use with the Platform. The Tutor must ensure that each lesson is recorded using the recording functionality or method authorised by the Company for the approved service and that the recording covers the applicable lesson.
4.4.3 The Tutor must upload the recording of every online video lesson to the Platform within twenty-four (24) hours after the lesson.
4.4.4 The Tutor must not knowingly submit, upload or maintain inaccurate, incomplete or misleading lesson records.
4.5 Professional Standard of Tutor Services
4.5.1 The Tutor must provide Tutor Services professionally, respectfully, competently and responsibly.
4.5.2 The Tutor must conduct lessons in a manner appropriate to the Student's age, education level, subject, learning requirements and circumstances.
4.5.3 The Tutor must exercise appropriate professional judgment when selecting teaching methods, explanations, examples, exercises and other educational approaches, provided that those methods remain consistent with:
- the Tutor's verified teaching scope;
- the applicable booking and lesson requirements;
- these Tutor Terms and Conditions; and
- applicable Company requirements.
4.5.4 The Tutor must not materially misrepresent the nature, scope, availability or content of the Tutor Services provided through the Platform.
4.6 Academic Results and Representations
4.6.1 The Tutor must not guarantee or represent that a Student will achieve a particular grade, examination result, qualification, admission, academic outcome or other result unless expressly authorised by the Company and permitted by applicable law.
4.6.2 The Tutor must not represent that the Tutor's services, qualifications or performance constitute an endorsement, accreditation, certification or guarantee by the Company.
4.7 Compliance with Tutor Requirements
4.7.1 The Tutor must comply with all requirements applicable to the provision of Tutor Services, including the requirements relating to:
- bookings and scheduling;
- attendance and rescheduling;
- assignments and post-lesson requirements;
- lesson recordings and lesson records;
- communication with Students;
- safeguarding and Student protection;
- academic integrity;
- Tutor-created materials and intellectual property;
- Student information and confidentiality; and
- reviews, complaints and lesson disputes.
4.7.2 The specific requirements applicable to the matters listed in clause 4.7.1 are addressed in the relevant sections of these Tutor Guidelines and the other applicable Company terms and policies.
4.7.3 Failure to complete a required Tutor task within an applicable deadline may affect the status of the relevant lesson, payment, review eligibility or other Platform processes and may result in action under these Tutor Terms and Conditions.
5. BOOKINGS, SCHEDULING, ATTENDANCE AND RESCHEDULING
5.1 Lesson Enrolment and Bookings
5.1.1 A Tutor may provide Tutor Services only in relation to individual lessons that have been successfully enrolled in and recorded through the Platform.
5.1.2 Enrolment in a class does not, by itself, enrol a Student in the individual lessons offered under that class. A Student must separately select and enrol in each intended lesson through the Platform. Once enrolment in an individual lesson has been successfully completed and recorded by the Platform, the lesson is booked and secured, and no separate acceptance or confirmation from the Tutor is required.
5.1.3 The Tutor must rely on the booking information displayed through the Platform as the applicable record of each booked lesson, including the:
- Student;
- subject;
- education level;
- date;
- scheduled start time;
- scheduled end time;
- lesson duration; and
- other applicable lesson requirements.
5.1.4 The Tutor must ensure that they are available and prepared to provide each booked lesson in accordance with the applicable booking.
5.1.5 A Tutor must not independently alter, cancel, extend, shorten or otherwise modify a booked lesson except through an authorised Platform process or where expressly permitted by the Company.
5.2 Tutor Attendance, Lesson Duration and Lateness
5.2.1 Each lesson must have a scheduled duration of not less than one (1) hour and not more than one (1) hour and twenty (20) minutes. A Tutor must provide the lesson for the full scheduled duration, subject to the applicable provisions of these Terms concerning authorised cancellations, interruptions, rescheduling and other permitted circumstances.
5.2.2 A Tutor must actively participate in and deliver each lesson throughout its scheduled duration. A lesson must not consist entirely of simulations, prerecorded materials, automated activities, pre-prepared content or other materials that do not involve the Tutor's active participation in teaching, explaining, guiding, supervising or otherwise engaging with the Student. Such materials may be used only as supplementary teaching aids and must not replace the Tutor's active delivery of the lesson.
5.2.3 The Tutor must be online and ready to provide the lesson at least ten (10) minutes before the scheduled start time.
5.2.4 The ten (10) minute preparation period includes ensuring that the Tutor's internet connection, device, audio, video and other technical requirements necessary for the lesson are operational.
5.2.5 A Tutor is allowed a five (5) minute grace period after the scheduled lesson start time. Where a Tutor is late by five (5) minutes or less after the scheduled lesson start time, the Platform may issue a warning where the Tutor has:
- been late on two (2) consecutive occasions; or
- been late on three (3) non-consecutive occasions within a period of at least thirty (30) days.
The Platform may consider the circumstances of each incident when determining whether to issue a warning. This clause does not limit the Platform's authority to take appropriate action in cases of more serious or repeated lateness under these Terms.
5.2.6 Where the Tutor has not joined and is not ready to provide the lesson immediately after the five (5) minute grace period, the Tutor is considered late.
5.2.7 Where a Tutor is more than five (5) minutes late in joining and being ready to provide a lesson, the Platform may, at its discretion and after considering the circumstances, impose a payment reduction of up to fifty percent (50%) of the applicable lesson payment, issue a warning letter or take any other appropriate action under these Terms.
5.2.8 A Tutor must provide the lesson until the stipulated scheduled end time. Where a Tutor ends a lesson more than three (3) minutes before the stipulated scheduled end time, the Platform may, at its discretion and after considering the circumstances, treat the incident in the same manner as lateness exceeding the five (5) minute grace period and may impose a payment reduction of up to fifty percent (50%) of the applicable lesson payment, issue a warning letter or take any other appropriate action under these Terms.
5.2.9 In determining the appropriate payment adjustment or other action under clauses 5.2.7 and 5.2.8, the Platform may consider:
- the reason for the lateness or early termination;
- the extent to which the lesson was provided;
- any technical or other circumstances affecting the lesson;
- the Tutor's previous conduct or history of similar incidents; and
- any other information or circumstances the Platform considers relevant.
5.2.10 A Tutor must not deliberately delay joining a lesson or prematurely end a lesson to avoid providing the required Tutor Services or to circumvent the applicable requirements.
5.2.11 A Tutor must not extend a lesson beyond the stipulated scheduled end time without the Platform's express authorisation. Where a Tutor does so, the Platform may, at its discretion, issue a warning letter or take any other appropriate action under these Terms.
5.2.12 The five (5) minute grace period applies only to the Tutor's arrival and does not reduce the Tutor's obligation to provide the lesson for the full scheduled duration.
5.2.13 A Tutor who joins a lesson late must, subject to any applicable Platform instruction or technical circumstance, continue the lesson until the scheduled end time.
5.2.14 A Tutor must not end a lesson before the stipulated scheduled end time merely because the Tutor joined the lesson late.
5.2.15 A Student's late arrival does not extend the scheduled lesson end time.
5.2.16 Where a Student joins a lesson after the scheduled start time, the Tutor must continue the lesson until the original scheduled end time and must not extend the lesson solely to compensate for the Student's late arrival.
5.3 Tutor Cancellation
5.3.1 A Tutor who knows that they will be unable to provide an enrolled lesson must cancel the lesson through the prescribed Platform cancellation process.
5.3.2 A planned Tutor cancellation is a cancellation made at least forty-eight (48) hours before the scheduled lesson start time.
5.3.3 A Tutor must not treat a message, telephone call, text message, email, social media communication or any other communication outside the Platform as a valid cancellation of an enrolled lesson.
5.3.4 Tutors must communicate with Students only through the Platform's authorised communication channels and must not communicate with Students through any other means.
5.3.5 Where a Tutor is unable to attend an enrolled lesson less than forty-eight (48) hours before the scheduled start time because of an emergency or other genuinely unavoidable circumstance, the Tutor must submit the cancellation through the prescribed Platform process as soon as reasonably practicable.
5.3.6 A Tutor may make no more than one (1) emergency or unavoidable cancellation within any thirty (30) day period, unless otherwise permitted by the Platform.
5.3.7 More than one (1) emergency or unavoidable cancellation within the same thirty (30) day period may result in suspension of the Tutor's Platform account, unless the Platform expressly permits the additional cancellation based on the circumstances.
5.3.8 Following a Tutor cancellation, the Tutor must use the prescribed Platform rescheduling or replacement process to facilitate a replacement lesson or alternative Tutor arrangement.
5.3.9 The Tutor must initiate or facilitate the applicable rescheduling or replacement process through the prescribed Platform link or mechanism within seventy-two (72) hours after the lesson was cancelled.
5.3.10 The Tutor is not authorised to arrange a replacement Tutor or alternative lesson directly with the Student outside the Platform.
5.3.11 Where the Tutor is unable to complete the required rescheduling or replacement process within the applicable seventy-two (72) hour period, the Platform may seek or arrange a replacement Tutor or other appropriate alternative.
5.3.12 Repeated, unreasonable or materially disruptive Tutor cancellations may result in restrictions on bookings, suspension, termination or other measures in accordance with these Tutor Terms and Conditions, the General Terms and Conditions and applicable Company policies.
5.4 Tutor No-Show
5.4.1 A Tutor who fails to attend an enrolled lesson without an approved cancellation or confirmed rescheduling arrangement may be treated as a Tutor no-show.
5.4.2 A Tutor who has not joined and is not ready to provide the lesson more than ten (10) minutes after the scheduled start time is treated as a Tutor no-show, unless the Platform determines otherwise based on the circumstances.
5.4.3 A Tutor who joins after the five (5) minute grace period but before the expiry of the ten (10) minute period is late but is not treated as a no-show solely on that basis.
5.4.4 A Tutor no-show may result in suspension of the Tutor's access to the Platform and Tutor Services.
5.4.5 A Tutor will be subject to a monetary penalty of KSh 1,000 for each single-lesson Tutor no-show.
5.4.6 The applicable monetary penalty may be deducted or otherwise applied in accordance with the Company's payment and account-adjustment procedures.
5.4.7 A Tutor must not falsely record or report a lesson as attended or completed where the Tutor did not provide the agreed Tutor Services.
5.4.8 Where a Tutor no-show occurs, the Platform may seek a replacement Tutor, rescheduling arrangement or other appropriate remedy for the affected Student.
5.5 Student No-Show
5.5.1 Where a Student does not attend an enrolled lesson, the Tutor must remain online and available to provide the lesson for not less than thirty (30) minutes after the scheduled lesson start time.
5.5.2 The requirement in clause 5.5.1 does not apply where the Student has requested cancellation through the prescribed cancellation procedure applicable to single-Student classes.
5.5.3 Where the Student fails to attend and no authorised cancellation or rescheduling arrangement applies, the Tutor must record and report the Student no-show through Lesson Analytics on the Platform.
5.5.4 A Student who joins the lesson late does not cause the scheduled lesson end time to change.
5.5.5 The Tutor must not extend a lesson beyond its scheduled end time solely because the Student arrived late.
5.6 Rescheduling
5.6.1 A Tutor may request the rescheduling of an enrolled lesson through the prescribed Platform rescheduling process.
5.6.2 A Tutor must not independently change the date, start time, end time or other material booking details of an enrolled lesson.
5.6.3 A Tutor and Student must not treat a privately agreed change as an authorised rescheduling.
5.6.4 Any proposed change to an enrolled lesson must be submitted through the prescribed Platform process and is subject to confirmation through the Platform or another authorised Platform mechanism.
5.6.5 A rescheduling request does not itself constitute an approved rescheduling.
5.6.6 The original booking remains applicable unless and until the alternative date and time have been confirmed through the Platform.
5.6.7 Unless the rescheduling has been confirmed, the Tutor remains responsible for attending and providing the lesson at the original scheduled time.
5.6.8 A Tutor must not arrange a rescheduled lesson directly with a Student outside the Platform.
5.7 Technical Problems
5.7.1 The Tutor is responsible for maintaining the equipment, internet connection, device, software and other technical resources reasonably necessary to provide Tutor Services through the Platform.
5.7.2 The Tutor must use the ten (10) minute period before the scheduled lesson start to ensure that their technical setup is operational and ready for the lesson.
5.7.3 Where a technical problem occurs during a lesson, the Tutor must take reasonable steps to resolve the problem and restore the lesson.
5.7.4 The Tutor must report a material technical problem through the applicable Platform mechanism where required.
5.7.5 A technical problem does not, by itself, authorise the Tutor to end a lesson before the stipulated scheduled end time.
5.7.6 Where a technical problem materially affects the provision or completion of a lesson, the Platform may consider the available information and determine the appropriate treatment, which may include rescheduling, replacement, lesson adjustment or another applicable remedy.
5.7.7 The Tutor must not falsely report a technical problem or use a technical problem as a basis for avoiding an applicable attendance, lesson delivery or reporting requirement.
5.8 Attendance and Lesson Status
5.8.1 Tutors must accurately record and report applicable attendance and lesson-status information through Lesson Analytics on the Platform.
5.8.2 The information recorded or reported through Lesson Analytics may include:
- Tutor attendance;
- Student attendance;
- Tutor lateness;
- Student lateness;
- lesson completion;
- a Student no-show;
- a Tutor no-show;
- a technical problem or interruption;
- a cancellation;
- a rescheduling request or confirmed rescheduling; and
- any other lesson-status information required by the Platform.
5.8.3 A Tutor must report any attendance problem, technical problem, cancellation-related incident or other relevant lesson incident through Lesson Analytics no later than two (2) hours after the incident occurred.
5.8.4 The reporting period in clause 5.8.3 runs from the time the relevant incident occurs and does not automatically begin at the scheduled end of the lesson.
5.8.5 Tutors must ensure that information submitted through Lesson Analytics is accurate, complete and not misleading.
5.8.6 Attendance records, Lesson Analytics, booking records, lesson activity, Platform records and other relevant information may be used by the Company to determine whether a lesson was attended, completed, cancelled, rescheduled, interrupted or otherwise affected.
5.8.7 The Tutor must comply with any additional attendance or lesson-status recording requirements communicated through the Platform or applicable Company policies.
6. COMPLETED LESSONS AND TUTOR PAYMENTS
6.1 Payment Eligibility
6.1.1 A Tutor may be eligible for payment in respect of a lesson where the lesson was booked through the Platform and the Tutor has complied with the applicable requirements for providing and recording the lesson.
6.1.2 The Platform will determine whether a lesson qualifies for payment based on the applicable booking, attendance, lesson-status, assignment, recording, reporting and other relevant requirements.
6.1.3 In determining whether a lesson qualifies for payment, the Platform may consider:
(a) the confirmed booking;
(b) the applicable number of Students taught;
(c) Tutor attendance;
(d) Student attendance;
(e) the duration and status of the lesson;
(f) any applicable lateness;
(g) any cancellation or rescheduling;
(h) any no-show;
(i) technical problems or interruptions;
(j) required assignments and post-lesson requirements;
(k) lesson recordings and other required lesson records;
(l) information recorded through Lesson Analytics; and
(m) any other relevant Platform records or information.
6.1.4 A Tutor must not claim or record a lesson as completed for payment purposes where the Tutor did not provide the required Tutor Services.
6.2 Per-Student Tutor Payment
6.2.1 Tutor payment for a lesson will be calculated at a rate of KSh 300 per Student taught per lesson.
6.2.2 The total payment payable to the Tutor for a lesson will be determined by multiplying the number of Students taught during that lesson by KSh 300.
6.2.3 The number of Students taught will be determined based on the Platform's attendance records and Lesson Analytics, subject to correction where the Platform identifies an error.
6.2.4 Where one or more Students remain enrolled in a class after other Students have cancelled, the class will proceed with the remaining Student or Students in accordance with the applicable booking and lesson requirements.
6.2.5 A Tutor's payment will be calculated according to the number of Students actually taught and will not be based solely on the number of Students registered or enrolled in the class.
6.3 Full Payment for Completed Lessons
6.3.1 Subject to these Tutor Terms and Conditions and any applicable payment adjustments, a Tutor will be eligible for the applicable full lesson payment calculated under Section 6.2 where:
(a) the lesson was successfully enrolled in, booked and recorded through the Platform;
(b) the Tutor attended and provided the Tutor Services;
(c) the Tutor complied with the applicable lesson requirements;
(d) the lesson was not cancelled or treated as a Tutor no-show;
(e) the Tutor completed the required lesson records and post-lesson requirements, subject to any applicable exception; and
(f) no applicable payment adjustment or deduction applies.
6.3.2 A Student's late arrival does not, by itself, reduce the Tutor's payment where the Tutor remains available and provides the lesson until the scheduled end time.
6.3.3 A Tutor is not entitled to extend a lesson or claim additional payment because a Student arrived late.
6.3.4 Where one or more Students in a multiple-Student lesson do not attend but the lesson proceeds for the remaining Student or Students, the Tutor will remain eligible for the applicable full lesson payment, subject to the other requirements of these Terms.
6.4 Student No-Show and Student Cancellation
6.4.1 Where a Student fails to attend an enrolled lesson, the Tutor must comply with the Student no-show requirements in Section 5, including remaining online and available for at least thirty (30) minutes after the scheduled start time, unless an applicable exception applies.
6.4.2 Student cancellation and the circumstances in which a Student cancellation is recognised as valid will be governed by the applicable Student cancellation provisions of the General Terms and Conditions and the Platform's prescribed cancellation process.
6.4.3 Where a single-Student lesson is properly cancelled through the prescribed Platform cancellation process and the lesson does not proceed, the Tutor is not entitled to payment for that lesson.
6.4.4 Where one or more Students in a multiple-Student lesson properly cancel but one or more other Students remain enrolled and the lesson proceeds, the Tutor will be eligible for the applicable full lesson payment.
6.4.5 Where all Students fail to attend an enrolled lesson without an approved cancellation or rescheduling arrangement and without a genuine reason for their absence, the Tutor may qualify for payment equal to fifty percent (50%) of the applicable lesson payment, provided that:
(a) the lesson was properly enrolled in, booked and recorded through the Platform;
(b) the Tutor remained online and available in accordance with Section 5;
(c) the Tutor accurately recorded and reported the Student no-show through Lesson Analytics; and
(d) the Platform determines that the applicable requirements for the fifty percent (50%) payment have been satisfied.
6.4.6 The fifty percent (50%) payment under clause 6.4.5 applies whether the affected lesson was a single-Student lesson or a multiple-Student lesson.
6.4.7 Where some but not all Students attend a multiple-Student lesson, the lesson proceeds and the Tutor remains eligible for the applicable full lesson payment, subject to these Terms.
6.4.8 A Tutor must not falsely report or misrepresent a Student's attendance, absence, cancellation or reason for absence for the purpose of obtaining payment.
6.5 Tutor Lateness and Early Lesson Completion
6.5.1 The Tutor attendance, lateness and lesson-duration requirements in Section 5 apply when determining whether a lesson is affected by Tutor lateness or early completion.
6.5.2 Where a Tutor is more than five (5) minutes late in joining and being ready to provide a lesson, the Platform may, at its discretion and after considering the circumstances, reduce the applicable lesson payment by up to fifty percent (50%).
6.5.3 Where a Tutor ends a lesson more than three (3) minutes before the stipulated scheduled end time, the Platform may, at its discretion and after considering the circumstances, reduce the applicable lesson payment by up to fifty percent (50%).
6.5.4 The Platform may, at its discretion, issue a warning letter or take any other appropriate action in connection with lateness or early completion of a lesson.
6.5.5 In determining the appropriate payment adjustment or other action, the Platform may consider:
(a) the reason for the lateness or early completion;
(b) the extent to which the lesson was provided;
(c) any technical or other circumstances affecting the lesson;
(d) the Tutor's previous conduct or history of similar incidents; and
(e) any other information or circumstances the Platform considers relevant.
6.5.6 The payment adjustment or other action under this clause does not prevent the Company from taking additional action permitted under these Terms, including restrictions on bookings, suspension or termination where applicable.
6.5.7 A Tutor must not deliberately delay joining a lesson, prematurely end a lesson or otherwise manipulate lesson attendance or duration records to avoid an applicable payment adjustment or other consequence.
6.6 Tutor No-Show
6.6.1 A Tutor no-show is governed by Section 5.4.
6.6.2 A Tutor who is treated as a no-show is not entitled to payment for the affected lesson.
6.6.3 In addition to the loss of payment for the affected lesson, the Tutor will be subject to a monetary penalty of KSh 1,000 for each single-lesson Tutor no-show, in accordance with Section 5.4.
6.6.4 The KSh 1,000 penalty may be deducted or otherwise applied through the Company's applicable payment or account-adjustment procedures.
6.7 Tutor Cancellation and Rescheduling
6.7.1 A Tutor is not entitled to payment for a lesson that the Tutor cancels before the lesson is provided, unless the Platform expressly determines otherwise.
6.7.2 Where a lesson is properly rescheduled through the Platform, payment will be determined based on the status and completion of the rescheduled lesson.
6.7.3 A Tutor must not claim payment for a cancelled or rescheduled lesson that was not provided merely because the original booking existed.
6.7.4 Where the Platform arranges a replacement Tutor following a Tutor cancellation or no-show, the original Tutor is not entitled to payment for the lesson that they did not provide.
6.8 Technical Problems and Interrupted Lessons
6.8.1 Where a technical problem affects a lesson, the Platform may determine the applicable payment treatment based on the circumstances and available records.
6.8.2 In making that determination, the Platform may consider:
(a) whether the technical problem was attributable to the Tutor, Student, Platform or another circumstance;
(b) the duration and seriousness of the interruption;
(c) whether the Tutor took reasonable steps to resolve the problem;
(d) whether the lesson was substantially provided;
(e) whether the lesson was rescheduled or replaced; and
(f) any other relevant circumstances.
6.8.3 A Tutor must accurately report material technical problems through the applicable Platform process.
6.8.4 A Tutor must not falsely report or exaggerate a technical problem for the purpose of avoiding a payment adjustment or obtaining payment for a lesson that was not properly provided.
6.9 Assignments, Records and Completion Requirements
6.9.1 A Tutor must complete all assignments, lesson records, recordings, feedback, marking and other post-lesson requirements applicable to the lesson within the prescribed deadlines.
6.9.2 Failure by the Tutor to complete a required Tutor responsibility may affect whether the lesson qualifies for payment or whether payment may be processed.
6.9.3 The failure of a Student to submit an assignment or learning activity will not, by itself, automatically prevent the Tutor from receiving payment where the Tutor has otherwise fulfilled the applicable Tutor responsibilities.
6.9.4 Where a required assignment, record or other completion requirement was not completed because of a circumstance outside the Tutor's reasonable control, the Platform may consider the circumstances when determining payment eligibility.
6.9.5 The Platform may make a payment determination where a requirement was not applicable to the lesson or where enforcing the requirement in the particular circumstances would be unreasonable.
6.9.6 Nothing in this Section removes or limits any applicable requirement concerning assignments or Qualifying Completed Lessons under the General Terms and Conditions.
6.10 Payment Records and Determination
6.10.1 The Platform may use booking records, attendance records, Lesson Analytics, lesson activity, assignment records, lesson recordings, cancellation and rescheduling records, payment records, technical records and other relevant information when determining a Tutor's payment eligibility.
6.10.2 The Platform's records will be used as the primary record for determining whether a lesson was provided and whether an applicable payment adjustment or per-Student payment calculation applies, subject to correction where the Platform identifies an error or otherwise determines that additional information should be considered.
6.10.3 A Tutor must provide accurate information and cooperate with any reasonable request for information required to verify a lesson or payment.
6.10.4 The Company may withhold or delay processing of a payment where a lesson, attendance record, payment entitlement or other relevant matter is reasonably under review.
6.11 Payment Processing
6.11.1 Tutor payments will be processed monthly based on lessons that qualify for payment in accordance with these Tutor Terms and Conditions and applicable Company procedures.
6.11.2 The applicable payment period will ordinarily close at the end of each calendar month.
6.11.3 Payments for qualifying lessons will be processed within five (5) days after the end of the applicable month, subject to any applicable verification, payment review, adjustment or other processing requirement.
6.11.4 A Tutor must provide accurate and valid payment information and any information reasonably required by the Company to process payment.
6.11.5 A delay caused by inaccurate, incomplete or invalid payment information provided by the Tutor may result in payment being processed after the applicable payment period.
6.11.6 The Company may adjust the amount payable to a Tutor to reflect applicable payment penalties, corrections, reversals, overpayments, underpayments or other authorised adjustments.
6.12 Payment Disputes
6.12.1 A Tutor who believes that a lesson has been incorrectly classified for payment purposes may raise the matter through the prescribed Platform or Company process.
6.12.2 A payment dispute must identify the relevant lesson and provide any information or evidence reasonably available to the Tutor to support the dispute.
6.12.3 The Company may review relevant Platform records and other available information when determining a payment dispute.
6.12.4 The Company may correct a payment determination where it identifies an error or determines, based on the available information, that an adjustment is appropriate.
6.12.5 A Tutor must not manipulate, falsify or alter Platform records, attendance information, assignments, lesson records or other information for the purpose of creating or supporting a payment claim.
6. COMPLETED LESSONS AND TUTOR PAYMENTS
6.1 Payment Eligibility
6.1.1 A Tutor may be eligible for payment in respect of a lesson where the lesson was booked through the Platform and the Tutor has complied with the applicable requirements for providing and recording the lesson.
6.1.2 The Platform will determine whether a lesson qualifies for payment based on the applicable booking, attendance, lesson-status, assignment, recording, reporting and other relevant requirements.
6.1.3 In determining whether a lesson qualifies for payment, the Platform may consider:
(a) the confirmed booking;
(b) the applicable number of Students taught;
(c) Tutor attendance;
(d) Student attendance;
(e) the duration and status of the lesson;
(f) any applicable lateness;
(g) any cancellation or rescheduling;
(h) any no-show;
(i) technical problems or interruptions;
(j) required assignments and post-lesson requirements;
(k) lesson recordings and other required lesson records;
(l) information recorded through Lesson Analytics; and
(m) any other relevant Platform records or information.
6.1.4 A Tutor must not claim or record a lesson as completed for payment purposes where the Tutor did not provide the required Tutor Services.
6.2 Per-Student Tutor Payment
6.2.1 Tutor payment for a lesson will be calculated at a rate of KSh 300 per Student taught per lesson.
6.2.2 The total payment payable to the Tutor for a lesson will be determined by multiplying the number of Students taught during that lesson by KSh 300.
6.2.3 The number of Students taught will be determined based on the Platform's attendance records and Lesson Analytics, subject to correction where the Platform identifies an error.
6.2.4 Where one or more Students remain enrolled in a class after other Students have cancelled, the class will proceed with the remaining Student or Students in accordance with the applicable booking and lesson requirements.
6.2.5 A Tutor's payment will be calculated according to the number of Students actually taught and will not be based solely on the number of Students registered or enrolled in the class.
6.3 Full Payment for Completed Lessons
6.3.1 Subject to these Tutor Terms and Conditions and any applicable payment adjustments, a Tutor will be eligible for the applicable full lesson payment calculated under Section 6.2 where:
(a) the lesson was successfully enrolled in, booked and recorded through the Platform;
(b) the Tutor attended and provided the Tutor Services;
(c) the Tutor complied with the applicable lesson requirements;
(d) the lesson was not cancelled or treated as a Tutor no-show;
(e) the Tutor completed the required lesson records and post-lesson requirements, subject to any applicable exception; and
(f) no applicable payment adjustment or deduction applies.
6.3.2 A Student's late arrival does not, by itself, reduce the Tutor's payment where the Tutor remains available and provides the lesson until the scheduled end time.
6.3.3 A Tutor is not entitled to extend a lesson or claim additional payment because a Student arrived late.
6.3.4 Where one or more Students in a multiple-Student lesson do not attend but the lesson proceeds for the remaining Student or Students, the Tutor will remain eligible for the applicable full lesson payment, subject to the other requirements of these Terms.
6.4 Student No-Show and Student Cancellation
6.4.1 Where a Student fails to attend an enrolled lesson, the Tutor must comply with the Student no-show requirements in Section 5, including remaining online and available for at least thirty (30) minutes after the scheduled start time, unless an applicable exception applies.
6.4.2 Student cancellation and the circumstances in which a Student cancellation is recognised as valid will be governed by the applicable Student cancellation provisions of the General Terms and Conditions and the Platform's prescribed cancellation process.
6.4.3 Where a single-Student lesson is properly cancelled through the prescribed Platform cancellation process and the lesson does not proceed, the Tutor is not entitled to payment for that lesson.
6.4.4 Where one or more Students in a multiple-Student lesson properly cancel but one or more other Students remain enrolled and the lesson proceeds, the Tutor will be eligible for the applicable full lesson payment.
6.4.5 Where all Students fail to attend an enrolled lesson without an approved cancellation or rescheduling arrangement and without a genuine reason for their absence, the Tutor may qualify for payment equal to fifty percent (50%) of the applicable lesson payment, provided that:
(a) the lesson was properly enrolled in, booked and recorded through the Platform;
(b) the Tutor remained online and available in accordance with Section 5;
(c) the Tutor accurately recorded and reported the Student no-show through Lesson Analytics; and
(d) the Platform determines that the applicable requirements for the fifty percent (50%) payment have been satisfied.
6.4.6 The fifty percent (50%) payment under clause 6.4.5 applies whether the affected lesson was a single-Student lesson or a multiple-Student lesson.
6.4.7 Where some but not all Students attend a multiple-Student lesson, the lesson proceeds and the Tutor remains eligible for the applicable full lesson payment, subject to these Terms.
6.4.8 A Tutor must not falsely report or misrepresent a Student's attendance, absence, cancellation or reason for absence for the purpose of obtaining payment.
6.5 Tutor Lateness and Early Lesson Completion
6.5.1 The Tutor attendance, lateness and lesson-duration requirements in Section 5 apply when determining whether a lesson is affected by Tutor lateness or early completion.
6.5.2 Where a Tutor is more than five (5) minutes late in joining and being ready to provide a lesson, the Platform may, at its discretion and after considering the circumstances, reduce the applicable lesson payment by up to fifty percent (50%).
6.5.3 Where a Tutor ends a lesson more than three (3) minutes before the stipulated scheduled end time, the Platform may, at its discretion and after considering the circumstances, reduce the applicable lesson payment by up to fifty percent (50%).
6.5.4 The Platform may, at its discretion, issue a warning letter or take any other appropriate action in connection with lateness or early completion of a lesson.
6.5.5 In determining the appropriate payment adjustment or other action, the Platform may consider:
(a) the reason for the lateness or early completion;
(b) the extent to which the lesson was provided;
(c) any technical or other circumstances affecting the lesson;
(d) the Tutor's previous conduct or history of similar incidents; and
(e) any other information or circumstances the Platform considers relevant.
6.5.6 The payment adjustment or other action under this clause does not prevent the Company from taking additional action permitted under these Terms, including restrictions on bookings, suspension or termination where applicable.
6.5.7 A Tutor must not deliberately delay joining a lesson, prematurely end a lesson or otherwise manipulate lesson attendance or duration records to avoid an applicable payment adjustment or other consequence.
6.6 Tutor No-Show
6.6.1 A Tutor no-show is governed by Section 5.4.
6.6.2 A Tutor who is treated as a no-show is not entitled to payment for the affected lesson.
6.6.3 In addition to the loss of payment for the affected lesson, the Tutor will be subject to a monetary penalty of KSh 1,000 for each single-lesson Tutor no-show, in accordance with Section 5.4.
6.6.4 The KSh 1,000 penalty may be deducted or otherwise applied through the Company's applicable payment or account-adjustment procedures.
6.7 Tutor Cancellation and Rescheduling
6.7.1 A Tutor is not entitled to payment for a lesson that the Tutor cancels before the lesson is provided, unless the Platform expressly determines otherwise.
6.7.2 Where a lesson is properly rescheduled through the Platform, payment will be determined based on the status and completion of the rescheduled lesson.
6.7.3 A Tutor must not claim payment for a cancelled or rescheduled lesson that was not provided merely because the original booking existed.
6.7.4 Where the Platform arranges a replacement Tutor following a Tutor cancellation or no-show, the original Tutor is not entitled to payment for the lesson that they did not provide.
6.8 Technical Problems and Interrupted Lessons
6.8.1 Where a technical problem affects a lesson, the Platform may determine the applicable payment treatment based on the circumstances and available records.
6.8.2 In making that determination, the Platform may consider:
(a) whether the technical problem was attributable to the Tutor, Student, Platform or another circumstance;
(b) the duration and seriousness of the interruption;
(c) whether the Tutor took reasonable steps to resolve the problem;
(d) whether the lesson was substantially provided;
(e) whether the lesson was rescheduled or replaced; and
(f) any other relevant circumstances.
6.8.3 A Tutor must accurately report material technical problems through the applicable Platform process.
6.8.4 A Tutor must not falsely report or exaggerate a technical problem for the purpose of avoiding a payment adjustment or obtaining payment for a lesson that was not properly provided.
6.9 Assignments, Records and Completion Requirements
6.9.1 A Tutor must complete all assignments, lesson records, recordings, feedback, marking and other post-lesson requirements applicable to the lesson within the prescribed deadlines.
6.9.2 Failure by the Tutor to complete a required Tutor responsibility may affect whether the lesson qualifies for payment or whether payment may be processed.
6.9.3 The failure of a Student to submit an assignment or learning activity will not, by itself, automatically prevent the Tutor from receiving payment where the Tutor has otherwise fulfilled the applicable Tutor responsibilities.
6.9.4 Where a required assignment, record or other completion requirement was not completed because of a circumstance outside the Tutor's reasonable control, the Platform may consider the circumstances when determining payment eligibility.
6.9.5 The Platform may make a payment determination where a requirement was not applicable to the lesson or where enforcing the requirement in the particular circumstances would be unreasonable.
6.9.6 Nothing in this Section removes or limits any applicable requirement concerning assignments or Qualifying Completed Lessons under the General Terms and Conditions.
6.10 Payment Records and Determination
6.10.1 The Platform may use booking records, attendance records, Lesson Analytics, lesson activity, assignment records, lesson recordings, cancellation and rescheduling records, payment records, technical records and other relevant information when determining a Tutor's payment eligibility.
6.10.2 The Platform's records will be used as the primary record for determining whether a lesson was provided and whether an applicable payment adjustment or per-Student payment calculation applies, subject to correction where the Platform identifies an error or otherwise determines that additional information should be considered.
6.10.3 A Tutor must provide accurate information and cooperate with any reasonable request for information required to verify a lesson or payment.
6.10.4 The Company may withhold or delay processing of a payment where a lesson, attendance record, payment entitlement or other relevant matter is reasonably under review.
6.11 Payment Processing
6.11.1 Tutor payments will be processed monthly based on lessons that qualify for payment in accordance with these Tutor Terms and Conditions and applicable Company procedures.
6.11.2 The applicable payment period will ordinarily close at the end of each calendar month.
6.11.3 Payments for qualifying lessons will be processed within five (5) days after the end of the applicable month, subject to any applicable verification, payment review, adjustment or other processing requirement.
6.11.4 A Tutor must provide accurate and valid payment information and any information reasonably required by the Company to process payment.
6.11.5 A delay caused by inaccurate, incomplete or invalid payment information provided by the Tutor may result in payment being processed after the applicable payment period.
6.11.6 The Company may adjust the amount payable to a Tutor to reflect applicable payment penalties, corrections, reversals, overpayments, underpayments or other authorised adjustments.
6.12 Payment Disputes
6.12.1 A Tutor who believes that a lesson has been incorrectly classified for payment purposes may raise the matter through the prescribed Platform or Company process.
6.12.2 A payment dispute must identify the relevant lesson and provide any information or evidence reasonably available to the Tutor to support the dispute.
6.12.3 The Company may review relevant Platform records and other available information when determining a payment dispute.
6.12.4 The Company may correct a payment determination where it identifies an error or determines, based on the available information, that an adjustment is appropriate.
6.12.5 A Tutor must not manipulate, falsify or alter Platform records, attendance information, assignments, lesson records or other information for the purpose of creating or supporting a payment claim.
7. COMMUNICATION AND CONTACT WITH STUDENTS
7.1 Communication Through the Platform
7.1.1 A Tutor must communicate with Students only through the communication channels and features authorised or provided by the Platform.
7.1.2 The requirement in clause 7.1.1 applies to all communication relating to Tutor Services, including:
(a) lessons;
(b) bookings;
(c) scheduling;
(d) cancellations;
(e) rescheduling;
(f) assignments and learning activities;
(g) lesson-related questions or support; and
(h) any other matter arising from or connected with Tutor Services.
7.1.3 A Tutor must not use any communication method outside the Platform to communicate with a Student in connection with Tutor Services.
7.1.4 The restrictions in this Section apply equally to communication with a Student's parent or legal guardian where that parent or legal guardian communicates with the Tutor in connection with Tutor Services provided through the Platform.
7.2 Personal Contact Information
7.2.1 A Tutor must not request, provide, exchange, disclose or otherwise seek to obtain a Student's personal contact information for the purpose of communicating outside the Platform.
7.2.2 A Tutor must not provide or exchange their own personal contact information with a Student or the Student's parent or legal guardian for the purpose of communicating outside the Platform.
7.2.3 Prohibited contact information includes, but is not limited to:
(a) personal telephone numbers;
(b) WhatsApp or other private messaging contacts;
(c) personal email addresses;
(d) social-media accounts or profiles;
(e) personal residential or home addresses; and
(f) any other personal contact information that could facilitate communication outside the Platform.
7.2.4 A Tutor must not ask a Student, parent or legal guardian to communicate through an alternative contact method or platform outside the authorised Platform channels.
7.3 Off-Platform Tutoring
7.3.1 A Tutor must not accept, offer, arrange, provide or facilitate Tutor Services directly to a Student outside the Platform where the Student was introduced to, connected with or obtained through the Platform.
7.3.2 A Tutor must not encourage, invite, request or persuade a Student or the Student's parent or legal guardian to move Tutor Services or future lessons outside the Platform.
7.3.3 A Tutor must not arrange private or direct lessons with a Student, whether the arrangement is made during a Platform lesson, through Platform communication or through any other means.
7.3.4 A Tutor must not use information obtained through the Platform to establish or maintain a private tutoring relationship with a Student outside the Platform.
7.4 Direct Payments and Circumvention
7.4.1 A Tutor must not request, accept, arrange or facilitate payment directly from a Student, parent or legal guardian for Tutor Services provided through or arising from a Platform relationship, except through an authorised Platform payment process.
7.4.2 A Tutor must not direct or encourage a Student, parent or legal guardian to use an alternative payment method or arrangement for the purpose of avoiding an applicable Platform process or requirement.
7.4.3 A Tutor must not engage in any arrangement or activity intended to circumvent the Platform's booking, payment, communication, monitoring or other processes.
7.4.4 The provisions of this Section are in addition to any applicable payment, anti-circumvention or other requirements contained in the General Terms and Conditions.
7.5 Continuing Restriction
7.5.1 The restrictions in this Section continue to apply after a Tutor's particular lesson, booking or Tutor–Student relationship has ended where the Student was introduced to or connected with the Tutor through the Platform.
7.5.2 A Tutor must not use contact information, Student information or other information obtained through the Platform to establish or facilitate an off-platform tutoring relationship with a Platform Student after the Tutor–Student relationship or the Tutor's access to the Platform has ended.
7.5.3 The termination, cancellation or completion of a booking or Tutor–Student relationship does not by itself authorise the Tutor to communicate with or provide Tutor Services to the Student outside the Platform.
7.6 Unauthorised Contact or Off-Platform Requests
7.6.1 Where a Student, parent or legal guardian requests or attempts to establish communication, tutoring or payment arrangements outside the Platform, the Tutor must not accept or facilitate the request.
7.6.2 The Tutor must report any material attempt to arrange off-platform tutoring, direct payment or other circumvention of the Platform through the prescribed Company or Platform reporting process.
7.6.3 The Tutor must not continue or participate in an off-platform arrangement merely because the Student, parent or legal guardian initiated the arrangement.
7.7 Compliance and Consequences
7.7.1 A Tutor must comply with all communication, contact and anti-circumvention requirements applicable to Tutor Services.
7.7.2 A breach of this Section may result in the restriction or suspension of the Tutor's account, loss of access to Tutor Services, withholding or adjustment of applicable payments, termination of the Tutor's access to the Platform or any other action permitted under these Terms, the General Terms and Conditions or applicable Company policies.
7.7.3 The Company may consider the nature, seriousness, duration and circumstances of any breach, including whether the Tutor deliberately attempted to circumvent the Platform or establish an off-platform tutoring relationship, when determining the appropriate action.
8. TUTOR CONDUCT, SAFEGUARDING AND STUDENT PROTECTION
8.1 Professional Conduct
8.1.1 A Tutor must conduct themselves professionally, respectfully, responsibly and appropriately in all interactions with Students, parents, legal guardians and other persons in connection with Tutor Services.
8.1.2 A Tutor must treat Students fairly and with dignity and must not engage in conduct that is abusive, threatening, intimidating, humiliating, discriminatory or otherwise inappropriate.
8.1.3 A Tutor must maintain appropriate professional boundaries with Students at all times.
8.1.4 A Tutor must not use their position as a Tutor to exploit, manipulate, pressure, intimidate or otherwise take unfair advantage of a Student.
8.1.5 A Tutor must exercise appropriate professional judgment when dealing with Students and must act in a manner consistent with the Student's age, education level and circumstances.
8.2 Zero Tolerance for Sexual or Romantic Conduct
8.2.1 The Company has zero tolerance for sexual or romantic conduct between a Tutor and a Student.
8.2.2 A Tutor must not initiate, encourage, pursue, request, facilitate or participate in any sexual or romantic relationship, interaction or conduct with a Student.
8.2.3 Prohibited conduct includes, but is not limited to:
(a) sexual or romantic advances or propositions;
(b) flirting or sexually suggestive behaviour;
(c) sexualised conversations or comments;
(d) requests for or sharing of sexually explicit or inappropriate images, videos or other content;
(e) sexual or romantic invitations or requests to meet privately;
(f) inappropriate physical contact or attempts to establish such contact;
(g) grooming, manipulation or attempts to establish an inappropriate personal or emotional relationship; and
(h) any other conduct that is sexual, romantic or otherwise inappropriate in the circumstances.
8.2.4 A Tutor must not engage in prohibited sexual or romantic conduct even where:
(a) the Student appears to consent or invites the conduct;
(b) the Student initiates the conduct;
(c) the Tutor believes the conduct is consensual or harmless; or
(d) the conduct occurs outside a scheduled lesson.
8.2.5 The prohibition in this Section applies regardless of whether the conduct occurs through the Platform, during a lesson, outside a lesson or through any other means.
8.3 Student Safety and Safeguarding
8.3.1 A Tutor must take reasonable steps to protect the safety, dignity and wellbeing of Students while providing Tutor Services.
8.3.2 A Tutor must not engage in conduct that places a Student at unreasonable risk of physical, emotional, psychological or other harm.
8.3.3 A Tutor must not:
(a) threaten or physically intimidate a Student;
(b) threaten, encourage, facilitate or engage in corporal punishment or other physical punishment of a Student;
(c) intentionally humiliate, degrade or demean a Student;
(d) encourage a Student to engage in dangerous, unlawful or harmful conduct; or
(e) otherwise abuse or exploit a Student.
8.3.4 A Tutor must promptly report any serious safeguarding concern or incident affecting a Student through the prescribed Company or Platform reporting process.
8.4 Appropriate Lesson Environment
8.4.1 A Tutor must conduct lessons in an environment that is reasonably suitable for providing Tutor Services.
8.4.2 The Tutor must ensure, so far as reasonably practicable, that the lesson environment does not expose Students to:
(a) sexually explicit or inappropriate material;
(b) offensive or discriminatory content;
(c) violent or disturbing material that is not reasonably required for the lesson;
(d) inappropriate behaviour or language; or
(e) other content or circumstances that are unsuitable for the Student's age or education level.
8.4.3 Any educational material used by a Tutor must be reasonably appropriate for the relevant Student, subject and education level.
8.4.4 A Tutor must not intentionally display, provide or introduce inappropriate content during a lesson.
8.5 Appropriate Professional Boundaries
8.5.1 The Tutor–Student relationship must remain professional and primarily educational.
8.5.2 A Tutor must not use the Tutor–Student relationship to develop an inappropriate personal, emotional, financial, social or other relationship with a Student.
8.5.3 A Tutor must not invite or encourage a Student to participate in activities unrelated to Tutor Services where the invitation or activity would create an inappropriate personal relationship, conflict of interest or safeguarding concern.
8.5.4 A Tutor must not use their position, influence or access to Student information to obtain personal benefits, favours or advantages from a Student.
8.5.5 The professional-boundary requirements in this Section apply whether or not the Student initiates or appears willing to participate in the conduct.
8.6 Bullying, Harassment and Discrimination
8.6.1 A Tutor must not bully, harass, threaten, intimidate or discriminate against a Student.
8.6.2 Prohibited conduct includes conduct that is reasonably likely to:
(a) cause fear, distress or humiliation;
(b) demean or belittle a Student;
(c) create a hostile or intimidating learning environment;
(d) unfairly exclude or disadvantage a Student; or
(e) otherwise interfere with the Student's ability to participate safely in Tutor Services.
8.6.3 A Tutor must not discriminate against a Student on the basis of any protected characteristic or other prohibited ground under applicable law.
8.7 Student Information and Safeguarding Concerns
8.7.1 A Tutor must handle Student information responsibly and must not use information about a Student for purposes unrelated to the provision of authorised Tutor Services.
8.7.2 Where a Tutor becomes aware of conduct, information or circumstances that reasonably indicate that a Student may be at risk of abuse, exploitation, serious harm or other safeguarding concerns, the Tutor must promptly report the matter through the prescribed Company or Platform reporting process.
8.7.3 A Tutor must not investigate, confront or attempt to resolve a serious safeguarding matter privately where doing so could increase the risk of harm to the Student or interfere with an appropriate investigation.
8.7.4 The Tutor must cooperate with any reasonable safeguarding review or investigation conducted by the Company.
8.8 Reporting Student Misconduct or Inappropriate Requests
8.8.1 Where a Student engages in conduct that materially affects the Tutor's safety, the Student's safety, the provision of Tutor Services or compliance with these Terms, the Tutor must report the matter through the prescribed Platform or Company reporting process.
8.8.2 Where a Student, parent or legal guardian requests or attempts to involve the Tutor in conduct that would breach these Terms or applicable Company requirements, the Tutor must not participate in or facilitate the conduct and must report the matter where required.
8.8.3 A Tutor must provide accurate and complete information when making a safeguarding, conduct or incident report.
8.8.4 A Tutor must not knowingly make a false, malicious or misleading safeguarding or misconduct report.
8.9 Safeguarding Action and Cooperation
8.9.1 The Company may take immediate measures it considers reasonably necessary to protect a Student or address a safeguarding concern, including restricting or suspending a Tutor's access to the Platform or Tutor Services.
8.9.2 The Company may investigate reported conduct and may request information, records or other reasonable assistance from the Tutor.
8.9.3 A Tutor must cooperate with reasonable Company requests relating to safeguarding, Student protection or investigation of alleged misconduct.
8.9.4 Where appropriate, the Company may take further action in accordance with these Terms, the General Terms and Conditions, applicable Company policies or applicable law.
8.10 Serious Misconduct
8.10.1 A serious breach of this Section may result in immediate restriction or suspension of the Tutor's account pending investigation.
8.10.2 Depending on the nature and circumstances of the conduct, serious misconduct may result in termination of the Tutor's access to the Platform and Tutor Services.
8.10.3 Conduct involving sexual or romantic activity with a Student, sexual misconduct, grooming, abuse, exploitation, serious threats or other conduct presenting a serious safeguarding risk may be treated as serious misconduct.
8.10.4 The Company may consider the nature, seriousness, circumstances and potential or actual impact of the conduct when determining the appropriate action.
8.10.5 Nothing in this Section prevents the Company from taking any action required or permitted under applicable law or from reporting conduct to an appropriate authority where required or reasonably considered necessary.
9. ACADEMIC INTEGRITY AND EDUCATIONAL STANDARDS
9.1 Academic and Educational Standards
9.1.1 A Tutor must provide Tutor Services in a manner that supports genuine learning, understanding and academic development.
9.1.2 The Tutor must provide educational content that is reasonably accurate, relevant and appropriate to:
(a) the subject being taught;
(b) the Student's education level;
(c) the Student's learning requirements; and
(d) the applicable lesson objectives.
9.1.3 A Tutor must not knowingly provide materially false, misleading or inaccurate academic information to a Student.
9.1.4 A Tutor must teach only subjects and education levels within the Tutor's verified and approved teaching scope.
9.1.5 A Tutor must use reasonable professional judgment when selecting explanations, examples, exercises, learning activities and other teaching methods.
9.2 Legitimate Tutoring Assistance
9.2.1 A Tutor may assist a Student with academic work by:
(a) explaining concepts and subject matter;
(b) demonstrating appropriate methods or approaches;
(c) providing worked examples for learning purposes;
(d) asking questions that help the Student understand the work;
(e) guiding the Student through a problem or task;
(f) identifying and explaining errors;
(g) providing feedback on the Student's work; and
(h) providing other reasonable educational assistance that supports the Student's own learning and academic development.
9.2.2 The Tutor must provide assistance in a manner that enables the Student to understand and, where applicable, complete their own academic work.
9.2.3 The Tutor must not intentionally structure or provide assistance in a manner designed to conceal that the Tutor, rather than the Student, performed the academic work.
9.3 Prohibition on Completing Student Work
9.3.1 A Tutor must not complete, take, answer, write, prepare, submit or materially perform an assignment, test, examination, coursework, project or other academic assessment on behalf of a Student.
9.3.2 A Tutor must not provide a Student with completed work for submission as the Student's own work where doing so would constitute or facilitate academic misconduct.
9.3.3 A Tutor must not:
(a) complete answers to an assessment for submission by the Student;
(b) write an essay, report, project or other assessed work for submission by the Student;
(c) take an online or other examination on behalf of a Student;
(d) impersonate a Student for an academic purpose;
(e) submit academic work on behalf of a Student where the submission is intended to represent the Tutor's work as the Student's own; or
(f) otherwise perform an academic task that the Student is required to complete independently.
9.3.4 The prohibition in this Section applies whether the Tutor is asked, instructed, encouraged or offered payment or another benefit by the Student or any other person to perform the work.
9.4 Academic Misconduct and Cheating
9.4.1 A Tutor must not knowingly assist, facilitate, encourage or participate in academic cheating or other academic misconduct.
9.4.2 Prohibited conduct includes, but is not limited to:
(a) providing answers for the purpose of enabling a Student to cheat in an assessment;
(b) assisting a Student to circumvent examination or assessment rules;
(c) facilitating plagiarism or the presentation of another person's work as the Student's own;
(d) falsifying, fabricating or manipulating academic information or records;
(e) impersonating a Student in connection with academic work or assessment;
(f) assisting a Student to conceal academic misconduct; and
(g) knowingly providing or using unauthorised materials or assistance in an assessment where such assistance is prohibited.
9.4.3 A Tutor must not encourage a Student to disregard or deliberately breach the academic integrity rules applicable to the Student's school, institution, examination body or other educational authority.
9.5 Tutor-Created Materials and Student Work
9.5.1 A Tutor may create educational materials, examples, exercises and other resources for the purpose of providing Tutor Services.
9.5.2 Tutor-created materials provided for teaching purposes must not be presented to a Student as the Student's own original academic work where doing so would constitute or facilitate academic misconduct.
9.5.3 A Tutor must not alter, fabricate or manipulate Student work, academic records, assessment results or other academic information for the purpose of misleading a school, institution, parent, legal guardian, examination body or other person.
9.5.4 Where a Tutor provides feedback or corrections on Student work, the Tutor must distinguish between the Tutor's assistance and the Student's own work where reasonably necessary to maintain academic integrity.
9.6 Use of Sources and Academic Materials
9.6.1 A Tutor must use academic, educational and other learning materials responsibly and must not knowingly present another person's work as their own.
9.6.2 Where the Tutor uses material created by another person or organisation in providing Tutor Services, the Tutor must comply with applicable copyright, licensing, attribution and other legal requirements.
9.6.3 A Tutor must not knowingly provide a Student with copied, plagiarised, fabricated or otherwise improperly obtained academic material for submission as the Student's own work.
9.6.4 A Tutor must not knowingly provide fabricated references, sources, citations, data or other academic information.
9.7 Assessments and Examinations
9.7.1 Where a Tutor assists a Student with an assessment, examination, test or other academic evaluation, the Tutor must comply with the applicable rules governing that assessment.
9.7.2 Unless expressly permitted by the applicable assessment rules, a Tutor must not provide direct answers or other assistance during an assessment where such assistance would give the Student an unauthorised academic advantage.
9.7.3 A Tutor must not access, obtain, disclose or distribute confidential examination questions, assessment materials, marking schemes or other restricted academic information without proper authorisation.
9.7.4 A Tutor must not assist a Student to bypass security, supervision, identity verification or other controls applicable to an examination or assessment.
9.8 Academic Feedback and Results
9.8.1 Where a Tutor is required to mark assignments or provide academic feedback, the Tutor must do so fairly, objectively and in accordance with the applicable requirements.
9.8.2 A Tutor must not intentionally alter or manipulate a Student's academic results to produce a more favourable result than is justified by the Student's work.
9.8.3 A Tutor must provide feedback that is reasonably relevant to the Student's work and learning objectives.
9.8.4 A Tutor must not represent that a Student has achieved a result, completed work or demonstrated knowledge or competence that the Tutor knows the Student has not achieved or demonstrated.
9.9 Reporting Academic Misconduct
9.9.1 Where a Tutor becomes aware of suspected serious academic misconduct connected with Tutor Services, the Tutor must report the matter through the prescribed Platform or Company reporting process where required.
9.9.2 A Tutor must not knowingly conceal, facilitate or assist in the concealment of academic misconduct.
9.9.3 A Tutor must provide accurate information when reporting suspected academic misconduct and must cooperate with any reasonable Company review relating to the matter.
9.9.4 A Tutor must not knowingly make a false, malicious or misleading report of academic misconduct.
9.10 Academic Integrity and Tutor Conduct
9.10.1 Compliance with this Section is a condition of providing Tutor Services through the Platform.
9.10.2 A Tutor who breaches the academic integrity requirements may be subject to appropriate action under these Tutor Terms and Conditions, the General Terms and Conditions and applicable Company policies.
9.10.3 Serious academic misconduct, including assisting a Student to cheat, completing assessed work on behalf of a Student, impersonating a Student or deliberately facilitating plagiarism, may result in restriction or suspension of the Tutor's account or termination of the Tutor's access to the Platform and Tutor Services.
9.10.4 The Company may consider the nature, seriousness, circumstances and potential or actual impact of the conduct when determining the appropriate action.
10. TUTOR MATERIALS AND INTELLECTUAL PROPERTY
10.1 Tutor-Created Materials
10.1.1 A Tutor may create or use educational materials in connection with the provision of Tutor Services, including lesson notes, worksheets, presentations, exercises, questions, explanations, diagrams, recordings, study guides and other educational content.
10.1.2 Except as expressly provided in these Terms, ownership of Tutor-created materials remains with the Tutor.
10.1.3 The use of Tutor-created materials in providing Tutor Services does not, by itself, transfer ownership of those materials to the Company.
10.2 Materials Uploaded to the Platform
10.2.1 Where a Tutor uploads Tutor-owned materials to the Platform, the Tutor retains ownership of those materials but grants the Company the rights set out in this Section.
10.2.2 The Tutor grants the Company a perpetual, worldwide, royalty-free and irrevocable licence to use Tutor-owned materials uploaded to the Platform for purposes connected with the operation, administration, delivery, development, maintenance and improvement of the Platform and Tutor Services.
10.2.3 The licence granted under clause 10.2.2 includes the right for the Company to:
- (a) store and host the materials;
- (b) reproduce the materials;
- (c) display and make the materials available through the Platform;
- (d) distribute the materials to Students and other authorised Platform users where reasonably necessary for Tutor Services;
- (e) format, adapt, modify or reproduce the materials where reasonably necessary for technical, administrative, educational or Platform purposes;
- (f) retain the materials as part of Platform records;
- (g) use the materials for quality assurance, review, moderation, dispute resolution and related administrative purposes; and
- (h) otherwise use the materials as reasonably necessary to operate and provide the Platform and Tutor Services.
10.2.4 The licence granted under this Section is not limited to the period during which the Tutor actively provides Tutor Services through the Platform.
10.2.5 The Tutor acknowledges that the Company may continue to retain and use materials covered by the licence after the Tutor's access to the Platform or provision of Tutor Services has ended, subject to these Terms and applicable law.
10.3 Tutor Representations Regarding Uploaded Materials
10.3.1 A Tutor must not upload any material to the Platform unless the Tutor has the necessary ownership, licence, permission or other legal right to upload and use that material for the intended purpose.
10.3.2 By uploading material to the Platform, the Tutor represents that:
- (a) the Tutor has the necessary rights or permissions to upload and use the material;
- (b) the upload and use of the material will not knowingly infringe the intellectual property or other rights of another person;
- (c) the material does not contain confidential information belonging to another person or organisation that the Tutor is not authorised to disclose; and
- (d) the Tutor has the authority to grant the Company the rights provided under these Terms in respect of the material.
10.3.3 A Tutor must not knowingly upload material that is infringing, unlawfully obtained, unauthorised, misleading or otherwise prohibited under applicable law or Company requirements.
10.4 Third-Party Materials
10.4.1 Where a Tutor uses or uploads material owned or controlled by a third party, ownership of that material remains with the relevant third-party owner.
10.4.2 A Tutor must not represent or imply that they own third-party materials or have authority to transfer ownership of those materials to the Company.
10.4.3 A Tutor may upload or use third-party materials only to the extent that the Tutor has the necessary licence, permission or other legal right to do so.
10.4.4 Where the Tutor's rights in third-party materials are limited, the Tutor must ensure that the materials are used through the Platform only within the scope permitted by the applicable licence or permission.
10.4.5 The Tutor must comply with any applicable copyright, licensing, attribution and other intellectual-property requirements relating to third-party materials.
10.5 Tutor's Pre-Existing Materials
10.5.1 Materials created or owned by the Tutor before the Tutor uploads them to the Platform remain the Tutor's property.
10.5.2 Uploading pre-existing Tutor-owned materials to the Platform does not transfer ownership of those materials to the Company.
10.5.3 However, once such materials are uploaded, they are subject to the licence granted to the Company under Section 10.2.
10.6 Student Access to Uploaded Materials
10.6.1 The Company may make uploaded materials available to Students where reasonably necessary for the provision of Tutor Services or other authorised Platform purposes.
10.6.2 A Tutor must not knowingly include in uploaded materials content that a Student is not authorised to access or that the Tutor is not authorised to make available through the Platform.
10.6.3 Student access to uploaded materials may be subject to additional Platform restrictions, including restrictions on copying, downloading, sharing, reproduction or redistribution.
10.7 Prohibited Use of Intellectual Property
10.7.1 A Tutor must not knowingly use, reproduce, upload, distribute or make available through the Platform any material in a manner that infringes another person's intellectual-property rights.
10.7.2 A Tutor must not remove, alter or conceal copyright notices, ownership information, attribution requirements or other intellectual-property notices from third-party materials except where authorised.
10.7.3 A Tutor must not upload materials that have been obtained through unauthorised access, unlawful copying or other improper means.
10.8 Intellectual-Property Claims
10.8.1 A Tutor must promptly notify the Company if they become aware of any actual or suspected claim, complaint or dispute concerning the intellectual-property rights in material they have uploaded or used through the Platform.
10.8.2 The Company may remove, restrict access to, suspend use of or otherwise deal with disputed material where reasonably necessary to address an intellectual-property concern.
10.8.3 A Tutor must cooperate with any reasonable Company request relating to the verification, investigation or resolution of an intellectual-property concern concerning material uploaded by the Tutor.
10.9 Continuing Effect
10.9.1 The rights granted to the Company under this Section survive the termination, cancellation or expiry of the Tutor's access to the Platform to the extent necessary to give effect to the perpetual licence granted under these Terms.
10.9.2 Nothing in this Section transfers ownership of third-party materials to the Company or grants the Company rights that the Tutor does not legally possess or have authority to grant.
11. STUDENT INFORMATION, CONFIDENTIALITY AND PRIVACY
11.1 Confidentiality
11.1.1 A Tutor must keep confidential all non-public information relating to a Student, parent or legal guardian that the Tutor obtains through or in connection with the Platform or the provision of Tutor Services.
11.1.2 Confidential information may include:
(a) the Student's name and other identifying information;
(b) contact or account information;
(c) academic information, assignments, assessments and results;
(d) learning progress, performance and educational needs;
(e) lesson records, recordings and communications;
(f) personal circumstances or information disclosed in connection with Tutor Services; and
(g) any other non-public information relating to a Student, parent or legal guardian.
11.1.3 A Tutor must not disclose, publish, share, sell, transfer or otherwise make Student information available to any person who is not authorised to receive it.
11.2 Permitted Use of Student Information
11.2.1 A Tutor may access and use Student information only to the extent reasonably necessary to:
(a) prepare for and provide Tutor Services;
(b) communicate with the Student, parent or legal guardian through authorised Platform channels;
(c) prepare, provide and mark assignments;
(d) assess learning progress and provide educational feedback;
(e) complete lesson records, reports or other requirements of the Platform; and
(f) comply with these Tutor Terms and Conditions or reasonable Company requirements.
11.2.2 A Tutor must not use Student information for personal, commercial, promotional, social or other purposes unrelated to the provision of Tutor Services.
11.2.3 A Tutor must not use Student information to contact, identify, locate, recruit or solicit a Student, parent or legal guardian outside the Platform.
11.3 Access to Student Information
11.3.1 A Tutor must access only the Student information reasonably necessary for the Tutor Services they are authorised to provide.
11.3.2 A Tutor must not attempt to access, obtain or use Student information that the Tutor is not authorised or required to access.
11.3.3 A Tutor must not disclose Student information to another Student, Tutor, friend, family member or other third party unless:
(a) the disclosure is expressly authorised by the Company;
(b) the disclosure is necessary for an authorised Platform process; or
(c) the disclosure is required or permitted by applicable law.
11.4 Personal Storage and Copies
11.4.1 A Tutor must not download, screenshot, photograph, copy, export or otherwise retain Student information on a personal device, personal account or other storage location unless expressly authorised by the Company or reasonably necessary for an authorised Platform process.
11.4.2 Where the Company authorises a Tutor to retain Student information outside the Platform, the Tutor must:
(a) keep the information secure;
(b) use it only for the authorised purpose;
(c) not share it with an unauthorised person; and
(d) delete or securely dispose of it when it is no longer required for the authorised purpose or when directed by the Company.
11.4.3 A Tutor must not create personal databases, lists or records of Students for purposes unrelated to the provision of Tutor Services through the Platform.
11.5 Lesson Recordings and Communications
11.5.1 Lesson recordings, Student communications and other lesson-related records containing Student information must be handled only through the Platform or other methods authorised by the Company.
11.5.2 A Tutor must not copy, download, distribute, publish or share a lesson recording or Student communication outside authorised Platform processes.
11.5.3 A Tutor must not use a lesson recording, Student communication or other Student information for personal, promotional, training or public purposes unless expressly authorised by the Company and permitted by applicable law.
11.6 Security and Protection of Information
11.6.1 A Tutor must take reasonable measures to protect Student information against unauthorised access, disclosure, loss, alteration, misuse or destruction.
11.6.2 A Tutor must not leave Student information accessible to unauthorised persons or use insecure methods of storing or transmitting Student information where a reasonably secure authorised method is available.
11.6.3 A Tutor must promptly notify the Company of any actual or suspected:
(a) unauthorised access to Student information;
(b) accidental or unauthorised disclosure;
(c) loss or theft of a device containing Student information;
(d) unauthorised copying or sharing; or
(e) other incident that may compromise Student information.
11.6.4 The Tutor must cooperate with the Company in responding to and resolving any actual or suspected Student information or privacy incident.
11.7 Accuracy and Appropriate Handling
11.7.1 A Tutor must handle Student information accurately and responsibly.
11.7.2 A Tutor must not knowingly alter, fabricate, manipulate or misrepresent Student information, academic records, assessment results, lesson records or other information maintained in connection with Tutor Services.
11.7.3 Where a Tutor identifies information that appears to be inaccurate or requires correction, the Tutor must use the applicable Platform or Company process to report or correct the information.
11.8 Retention and Deletion
11.8.1 A Tutor must not retain Student information for longer than reasonably necessary for an authorised purpose.
11.8.2 Where Student information has been stored outside the Platform with the Company's authorisation, the Tutor must securely delete or dispose of the information when:
(a) the authorised purpose has been completed;
(b) the information is no longer required;
(c) the Company directs the Tutor to delete or dispose of it; or
(d) the Tutor's access to the relevant Tutor Services ends, unless retention is required or permitted by applicable law.
11.8.3 The Tutor must not retain copies of Student information for the purpose of continuing contact with, soliciting, recruiting or providing tutoring services to a Student outside the Platform.
11.9 Compliance with Privacy and Data Protection Requirements
11.9.1 The Tutor must comply with applicable privacy and data protection requirements when accessing, handling or otherwise processing Student information.
11.9.2 The Tutor must comply with the Company's applicable privacy, data protection, information security and Student safeguarding policies and procedures.
11.9.3 Where the Company provides specific instructions concerning the collection, access, use, storage, disclosure, retention or deletion of Student information, the Tutor must comply with those instructions.
11.10 Continuing Confidentiality
11.10.1 The Tutor's confidentiality and Student information obligations continue after a lesson, booking or Tutor-Student relationship ends.
11.10.2 Ending a Tutor's access to the Platform or termination of the Tutor's relationship with the Company does not authorise the Tutor to use, disclose, retain or otherwise exploit Student information obtained through the Platform.
11.10.3 The obligations in this Section remain subject to any retention, disclosure or other requirement imposed or permitted by applicable law.
12. REVIEWS, RATINGS AND TUTOR PERFORMANCE
12.1 Student Reviews and Ratings
12.1.1 The Company may allow Students, parents or legal guardians to provide reviews, ratings, feedback or other evaluations concerning Tutor Services provided through the Platform.
12.1.2 Reviews, ratings and feedback may relate to matters including:
(a) lesson quality;
(b) Tutor preparation and delivery;
(c) punctuality and attendance;
(d) communication and professionalism;
(e) educational support;
(f) responsiveness to Student learning needs; and
(g) other aspects of the Tutor Services.
12.1.3 The Company may use reviews, ratings and feedback as one source of information when assessing Tutor performance and the quality of Tutor Services.
12.2 Honest and Fair Feedback
12.2.1 Tutors must not attempt to manipulate, influence or improperly interfere with the reviews, ratings or feedback provided by Students, parents or legal guardians.
12.2.2 A Tutor must not:
(a) create or arrange false or misleading reviews or ratings;
(b) ask another person to submit a review or rating while falsely presenting themselves as a Student or other legitimate reviewer;
(c) offer money, gifts, discounts, benefits or other incentives in exchange for favourable reviews or ratings;
(d) pressure or threaten a Student, parent or legal guardian to provide a favourable review or rating;
(e) request that a legitimate negative review or rating be removed solely because it is unfavourable; or
(f) retaliate against or disadvantage a Student because the Student has provided an unfavourable review, rating or feedback.
12.2.3 A Tutor must not interfere with or attempt to circumvent the Platform's systems or processes for collecting, recording or displaying reviews, ratings or feedback.
12.3 Tutor Performance Monitoring
12.3.1 The Company may monitor and evaluate Tutor performance to maintain appropriate standards of Tutor Services and protect Students.
12.3.2 In assessing Tutor performance, the Company may consider relevant information including:
(a) Student reviews and ratings;
(b) Student feedback;
(c) Tutor attendance and punctuality;
(d) lesson completion and delivery;
(e) assignment and marking compliance;
(f) lesson recordings and other lesson records;
(g) complaints and incident reports;
(h) safeguarding or Student protection concerns;
(i) academic and educational standards;
(j) compliance with these Tutor Terms and Conditions and applicable Company policies; and
(k) other relevant Platform records or information.
12.3.3 The Company may consider the overall pattern and circumstances of a Tutor's performance rather than relying solely on any single review, rating, complaint or other item of feedback.
12.4 Performance Feedback and Improvement
12.4.1 Where the Company identifies a performance concern, the Company may provide the Tutor with feedback or request that the Tutor take reasonable corrective action.
12.4.2 Depending on the circumstances, the Company may require a Tutor to:
(a) address an identified performance issue;
(b) undertake additional training or guidance;
(c) provide additional information or clarification;
(d) comply with enhanced monitoring or review;
(e) temporarily limit the subjects, education levels or types of Tutor Services provided; or
(f) take another reasonable measure intended to improve the quality or compliance of Tutor Services.
12.4.3 A Tutor must cooperate with reasonable performance review, monitoring, training or improvement requirements imposed by the Company.
12.5 Performance-Based Restrictions
12.5.1 Where the Company reasonably determines that a Tutor's performance does not meet applicable standards, the Company may restrict the Tutor's access to particular bookings, Tutor Services or other Platform functionality.
12.5.2 The Company may consider the seriousness, frequency, duration and circumstances of a performance concern when determining whether a restriction or other action is appropriate.
12.5.3 A performance-related restriction may be applied in addition to any other action permitted under these Tutor Terms and Conditions, the General Terms and Conditions or applicable Company policies.
12.6 Tutor Response to Feedback
12.6.1 Where the Platform provides a mechanism for a Tutor to respond to a review, rating or feedback, the Tutor may use that mechanism to provide a professional and relevant response.
12.6.2 A Tutor must not use a response to:
(a) disclose confidential Student information;
(b) attack, threaten, insult or harass a Student, parent or legal guardian;
(c) disclose private communications or personal information;
(d) attempt to move the discussion outside the Platform; or
(e) otherwise breach these Terms or applicable Company policies.
12.6.3 A Tutor must raise any concern regarding an inaccurate, abusive, fraudulent or otherwise inappropriate review or rating through the prescribed Company or Platform process.
12.7 Reviews and Platform Records
12.7.1 Reviews, ratings, feedback, performance records and related Platform information may be retained and used by the Company for legitimate Platform, administrative, quality-assurance, safeguarding, dispute-resolution and performance-management purposes.
12.7.2 The Company may review, moderate, remove, restrict or otherwise manage reviews, ratings or feedback in accordance with applicable Platform rules and policies.
12.7.3 The Company may consider information from reviews, ratings and feedback together with other available information when making decisions concerning Tutor performance or compliance.
12.8 Performance and Other Company Action
12.8.1 A performance concern does not automatically result in suspension or termination of a Tutor.
12.8.2 Depending on the circumstances, the Company may provide feedback, require corrective action, impose a restriction, suspend the Tutor, terminate the Tutor's access to the Platform or take another action permitted under these Terms.
12.8.3 The Company may take immediate action where the performance concern also involves a serious breach of these Terms, safeguarding concern, academic misconduct, fraud, deliberate misconduct or other conduct requiring immediate intervention.
12.8.4 Nothing in this Section prevents the Company from taking action under any other applicable section of these Tutor Terms and Conditions, the General Terms and Conditions or applicable Company policies.
13. COMPLAINTS, REPORTS AND LESSON DISPUTES
13.1 Complaints and Reports
13.1.1 A Tutor may raise a complaint, concern, incident report or dispute concerning Tutor Services, a Student, a booking, a lesson, a payment, the Platform or any other matter relating to the Tutor's use of the Platform through the complaint, reporting or dispute process prescribed by the Company.
13.1.2 Where these Tutor Terms and Conditions, the General Terms and Conditions or any Company policy requires a Tutor to report an incident or matter within a specified period, the Tutor must submit the report within the applicable deadline.
13.1.3 A complaint, report or dispute should contain sufficient and accurate information to enable the Company to review the matter, including, where applicable:
(a) the relevant booking or lesson;
(b) the date and time of the relevant event;
(c) the nature of the issue or concern;
(d) the persons involved;
(e) relevant supporting information or evidence; and
(f) any action already taken by the Tutor.
13.2 Accuracy and Good Faith
13.2.1 A Tutor must ensure that any complaint, report, response or dispute submitted to the Company is accurate, complete and truthful to the best of the Tutor's knowledge.
13.2.2 A Tutor must not submit or knowingly support a complaint, report or dispute that is false, misleading, malicious, deliberately exaggerated or intended to improperly disadvantage another person.
13.2.3 A Tutor must not alter, fabricate, conceal or manipulate evidence, records, communications or other information for the purpose of influencing the outcome of a complaint, report or dispute.
13.2.4 A Tutor must not use a complaint, report or dispute process to harass, intimidate, threaten, retaliate against or unfairly disadvantage another person.
13.3 Cooperation with Reviews and Investigations
13.3.1 A Tutor must cooperate with any review, investigation or assessment conducted by the Company concerning a complaint, report, dispute or other matter relating to the Tutor Services or Platform.
13.3.2 The Company may require the Tutor to provide information, records, explanations, evidence or other assistance relevant to the matter being reviewed.
13.3.3 Such information or records may include, where applicable:
(a) attendance information;
(b) Platform communications;
(c) lesson recordings;
(d) assignments and marking records;
(e) booking and scheduling information;
(f) cancellation or rescheduling information; and
(g) other information relevant to the matter.
13.3.4 The Tutor must not obstruct, interfere with or improperly influence a Company review or investigation.
13.4 Lesson Disputes
13.4.1 Where a dispute arises concerning whether a lesson was properly booked, attended, completed, cancelled, rescheduled or otherwise provided, the Company may review the relevant information and records available to it.
13.4.2 The Company may consider, among other things:
(a) booking records;
(b) scheduled lesson times;
(c) attendance information;
(d) Lesson Analytics;
(e) lesson recordings;
(f) Platform communications;
(g) cancellation or rescheduling records;
(h) technical incident records; and
(i) any other relevant information or evidence.
13.4.3 A Tutor must not alter, manipulate or create alternative records for the purpose of changing the Company's assessment of a lesson.
13.5 Payment Disputes
13.5.1 A Tutor who disputes a payment or payment-related determination must use the payment dispute process prescribed by the Company.
13.5.2 The Tutor should provide sufficient information to identify the relevant lesson or lessons, the applicable date or dates, the payment concerned and the basis of the dispute.
13.5.3 The Company may review relevant booking, attendance, Lesson Analytics, payment and other Platform records when determining a payment dispute.
13.5.4 A Tutor must not request or accept direct payment from a Student, parent or legal guardian in connection with a disputed payment except through an authorised Company or Platform process.
13.6 Student Complaints
13.6.1 Where a Student, parent or legal guardian submits a complaint concerning a Tutor or Tutor Services, the Company may review the complaint and the information relevant to it.
13.6.2 The Company may give the Tutor an opportunity to provide a response or clarification where the Company considers appropriate.
13.6.3 A Tutor must not contact or confront a Student, parent or legal guardian for the purpose of challenging, withdrawing, changing or influencing a complaint.
13.6.4 A Tutor must not retaliate against a Student, parent or legal guardian for making a complaint or providing information to the Company.
13.7 Company Review and Determination
13.7.1 The Company may assess a complaint, report or dispute based on the information and evidence available to it.
13.7.2 In assessing a matter, the Company may consider the reliability, consistency, relevance and completeness of the information and evidence available.
13.7.3 Following its review, the Company may:
(a) uphold or reject a complaint, report or dispute;
(b) request additional information or clarification;
(c) correct or update a Platform record;
(d) determine or adjust the status of a lesson or booking where permitted;
(e) determine or adjust a payment where permitted under these Terms;
(f) require corrective action;
(g) restrict or suspend access to Tutor Services; or
(h) take any other action permitted under these Tutor Terms and Conditions, the General Terms and Conditions or applicable Company policies.
13.8 Platform Records
13.8.1 The Company may rely on Platform records when reviewing complaints, reports, disputes and related matters.
13.8.2 Such records may include:
(a) booking records;
(b) attendance records;
(c) Lesson Analytics;
(d) Platform communications;
(e) lesson recordings;
(f) timestamps;
(g) cancellation and rescheduling records;
(h) payment records;
(i) verification records; and
(j) other information recorded or maintained through the Platform.
13.8.3 The Company may also consider other relevant evidence available to it.
13.9 No Interference or Retaliation
13.9.1 A Tutor must not interfere with, manipulate or improperly influence:
(a) a complaint;
(b) a report;
(c) an investigation;
(d) evidence;
(e) Platform records; or
(f) the outcome of any review or dispute.
13.9.2 A Tutor must not threaten, intimidate, harass, penalise or retaliate against any person in connection with a complaint, report, investigation or dispute.
13.9.3 Nothing in this section prevents a Tutor from providing a genuine response, raising a legitimate concern or exercising a lawful right.
13.10 Outcome and Company Decisions
13.10.1 Following a complaint, report or dispute, the Tutor must comply with any corrective action, decision, requirement or instruction issued by the Company.
13.10.2 Failure to comply with a corrective action, decision, requirement or instruction may constitute a breach of these Tutor Terms and Conditions and may result in further action under the applicable provisions.
13.10.3 The submission of a complaint, report or dispute does not by itself establish that a Tutor has breached these Tutor Terms and Conditions. The Company may consider the circumstances and available evidence before taking action.
13.10.4 The Company may take immediate protective or precautionary action where it determines that such action is necessary or appropriate to protect Students, Tutors, the Platform, evidence, information or other persons or interests.
14. SUSPENSION, RESTRICTION AND TERMINATION
14.1 Company Authority to Restrict or Suspend
14.1.1 The Company may restrict, suspend, limit, disable or otherwise modify a Tutor's account, access to the Platform, access to Tutor Services, bookings or any Platform feature where the Company determines that such action is appropriate.
14.1.2 Without limiting clause 14.1.1, the Company may take such action where it determines that:
(a) the Tutor has breached these Tutor Terms and Conditions;
(b) the Tutor has breached the General Terms and Conditions or any applicable Company policy;
(c) the Tutor no longer meets an applicable eligibility, qualification, verification or TSC requirement;
(d) information or documentation provided by the Tutor is false, misleading, incomplete, invalid or unreliable;
(e) the Tutor has failed to complete a required verification, re-verification or screening process;
(f) the Tutor has engaged in fraud, deception, manipulation or other prohibited conduct;
(g) there is a safeguarding, safety, security, privacy or other risk;
(h) the Tutor has engaged in academic misconduct or facilitated academic misconduct;
(i) the Tutor has engaged in prohibited off-platform communication, tutoring, payment or Platform circumvention;
(j) the Tutor has repeatedly failed to comply with lesson, attendance, cancellation, assignment, marking, recording or other Tutor requirements;
(k) the Tutor has interfered with Platform records, bookings, payments, reviews, ratings, systems or other Platform processes;
(l) the Tutor's account has been compromised or used by another person;
(m) the Tutor has engaged in serious misconduct or conduct presenting a material risk of harm; or
(n) other circumstances exist that the Company determines warrant restriction or suspension.
14.2 Immediate Protective Action
14.2.1 The Company may take immediate action, including immediate restriction or suspension, without prior notice where the Company determines that immediate action is necessary or appropriate.
14.2.2 Immediate action may be taken in circumstances involving, among other things:
(a) safeguarding concerns;
(b) abuse, exploitation, sexual misconduct or grooming;
(c) threats or serious misconduct;
(d) fraud, deception or manipulation;
(e) account or system compromise;
(f) protection of Student or Tutor information;
(g) Platform security or integrity;
(h) preservation of evidence;
(i) suspected unlawful conduct; or
(j) any other circumstance requiring immediate intervention.
14.2.3 The Company may maintain a restriction or suspension while an investigation, review or determination is ongoing.
14.2.4 The Tutor may be given an opportunity to provide information, clarification or evidence where the Company considers appropriate.
14.3 Suspension and Restriction Measures
14.3.1 A restriction or suspension may apply to all or part of the Tutor's access to the Platform or Tutor Services.
14.3.2 The Company may, among other measures:
(a) prevent the Tutor from receiving or accepting new bookings;
(b) prevent the Tutor from providing Tutor Services;
(c) suspend, cancel or otherwise manage existing bookings;
(d) restrict the subjects or education levels the Tutor may teach;
(e) restrict access to particular Students or categories of Students;
(f) make the Tutor's account invisible or dormant;
(g) restrict messaging or other Platform features;
(h) require additional verification, screening or training;
(i) require corrective action or compliance with specified requirements;
(j) place the Tutor under enhanced monitoring or review; or
(k) impose any other restriction the Company considers appropriate.
14.3.3 A Tutor whose account or access is suspended or restricted must not provide Tutor Services during the suspension or restriction unless the Company expressly authorises the Tutor to do so.
14.4 Investigation
14.4.1 The Company may investigate or review any matter giving rise to a restriction, suspension or potential termination.
14.4.2 The Tutor must cooperate with the investigation or review and provide information, documentation, clarification or other assistance requested by the Company.
14.4.3 Following a review, the Company may maintain, vary, extend or remove a restriction or suspension.
14.4.4 A restriction or suspension imposed during an investigation does not by itself constitute a determination that the Tutor has breached these Tutor Terms and Conditions or engaged in misconduct.
14.5 Termination by the Company
14.5.1 The Company may terminate the Tutor's registration, approval, access to the Platform or ability to provide Tutor Services at any time where the Company determines that termination is appropriate.
14.5.2 Without limiting clause 14.5.1, termination may occur where:
(a) the Tutor has committed a serious breach of these Tutor Terms and Conditions;
(b) the Tutor has repeatedly breached applicable requirements;
(c) the Tutor no longer meets applicable eligibility or verification requirements;
(d) the Tutor has provided false, fraudulent, forged or materially misleading information or documentation;
(e) the Tutor has engaged in serious safeguarding, sexual, abusive, exploitative or other prohibited conduct;
(f) the Tutor has engaged in serious academic misconduct or facilitated academic misconduct;
(g) the Tutor has engaged in serious fraud, manipulation or Platform circumvention;
(h) the Tutor presents a material risk to Students, the Company, the Platform or other persons;
(i) the Tutor has failed to comply with a required corrective action, decision, requirement or instruction;
(j) the Tutor's conduct or performance is materially inconsistent with applicable standards; or
(k) the Company otherwise determines that the Tutor's continued access or provision of Tutor Services is inappropriate or that the Tutor should no longer provide Tutor Services through the Platform.
14.5.3 Termination may take effect immediately where the Company determines that immediate termination is appropriate.
14.6 Tutor-Initiated Account Closure
14.6.1 A Tutor may request closure of their Tutor account through the process prescribed by the Company.
14.6.2 Closure of a Tutor account does not automatically cancel or extinguish any outstanding obligations, payment matters, investigations, disputes, confidentiality obligations, privacy obligations, intellectual property rights, prior-service obligations or other obligations that continue by their nature.
14.6.3 The Company may require the Tutor to complete or address outstanding matters before processing account closure where appropriate.
14.7 Effect of Suspension, Restriction or Termination
14.7.1 Suspension, restriction or termination may result in the loss of access to some or all Platform functionality and Tutor Services.
14.7.2 The Company may manage bookings affected by a suspension, restriction or termination through cancellation, rescheduling, reassignment, replacement or other Platform processes.
14.7.3 Suspension, restriction or termination does not automatically create an entitlement to payment.
14.7.4 Any payment otherwise due remains subject to the applicable payment provisions, verification requirements, Platform records, adjustments, reviews and investigations.
14.7.5 The Company is not required to continue providing the Tutor with bookings, Tutor Services, Platform access or other functionality following a suspension, restriction or termination.
14.8 No Circumvention
14.8.1 A Tutor must not create or use another Tutor account for the purpose of avoiding or circumventing a restriction, suspension or termination.
14.8.2 A Tutor must not use another person's account or credentials to provide Tutor Services or access the Platform for the purpose of avoiding or circumventing a restriction, suspension or termination.
14.8.3 A Tutor must not ask, encourage or assist another person to provide Tutor Services or use the Platform for the purpose of avoiding or circumventing a restriction, suspension or termination.
14.8.4 Circumvention of a restriction, suspension or termination may result in further action by the Company.
14.9 Records Following Suspension, Restriction or Termination
14.9.1 The Company may retain, preserve and use account, booking, payment, communication, lesson, verification, safeguarding, complaint and other records following suspension, restriction or termination for legitimate operational, legal, safeguarding, security, dispute, enforcement or record-keeping purposes.
14.9.2 Termination or account closure does not require the deletion of records that the Company is entitled or required to retain under applicable law, these Tutor Terms and Conditions, the General Terms and Conditions or applicable Company policies.
14.10 Continuing Obligations
14.10.1 Suspension, restriction, termination or account closure does not affect any rights, remedies, claims, liabilities or obligations that arose before the suspension, restriction, termination or closure.
14.10.2 Provisions that by their nature are intended to continue after suspension, restriction, termination or account closure will continue to apply, including provisions relating to:
(a) confidentiality and Student information;
(b) privacy and data protection;
(c) intellectual property and Tutor materials;
(d) payments and payment disputes;
(e) complaints, investigations and disputes;
(f) indemnity or liability, where applicable; and
(g) any other obligation that by its nature continues after the Tutor's access to the Platform ends.
14.10.3 A Tutor remains bound by obligations arising from Tutor Services previously provided through the Platform.
14.11 No Waiver
14.11.1 The Company's failure to immediately restrict, suspend or terminate a Tutor does not waive the Company's right to take such action at a later time.
14.11.2 The Company's use of one enforcement measure does not prevent the Company from taking another enforcement measure where the circumstances warrant.
14.11.3 The Company may consider the nature, seriousness, circumstances, frequency, duration and actual or potential impact of the conduct or circumstances when determining the action to take.
15. TUTOR LEGAL AND FINANCIAL RESPONSIBILITIES
15.1 Compliance with Applicable Law
15.1.1 The Tutor must comply with all applicable laws, regulations, professional requirements and lawful obligations relevant to the Tutor's provision of Tutor Services through the Platform.
15.1.2 The Tutor is responsible for obtaining and maintaining any registration, licence, certification, permit, approval or other authorisation required by applicable law for the Tutor's activities.
15.1.3 The Tutor must not provide Tutor Services in a manner that would cause the Company or the Platform to breach applicable law or regulatory requirements.
15.2 Taxes and Statutory Obligations
15.2.1 The Tutor is responsible for determining and meeting the Tutor's own tax, statutory, financial and other government obligations arising from amounts received for Tutor Services, except to the extent that applicable law requires the Company to account for, deduct, withhold or otherwise deal with such amounts.
15.2.2 The Tutor is responsible for providing any tax, identification or other information that the Company may lawfully require for payment administration, reporting, withholding or other statutory purposes.
15.2.3 Where the Company is required by law to deduct, withhold, report or remit any amount from a payment to a Tutor, the Company may do so in accordance with the applicable legal requirements.
15.2.4 The Tutor must not provide false, misleading or incomplete information for the purpose of avoiding or improperly reducing any tax, statutory obligation, withholding or reporting requirement.
15.3 Tutor Expenses and Resources
15.3.1 Unless expressly stated otherwise by the Company, the Tutor is responsible for providing and maintaining the resources required to provide Tutor Services, including:
(a) a suitable device;
(b) a reliable internet connection;
(c) appropriate software and applications;
(d) suitable audio and video equipment;
(e) an appropriate environment for conducting lessons; and
(f) other resources required for the Tutor's delivery of Tutor Services.
15.3.2 The Tutor is responsible for the Tutor's own ordinary business and operating expenses arising from the provision of Tutor Services, unless the Company expressly agrees otherwise.
15.3.3 The Tutor must not incur expenses or make purchases on behalf of the Company without the Company's prior authorisation.
15.3.4 The Company is not responsible for reimbursing Tutor expenses unless the Company has expressly agreed to the reimbursement in advance.
15.4 Professional Credentials and Continuing Eligibility
15.4.1 The Tutor is responsible for maintaining the validity of the qualifications, registrations, licences, credentials and other professional requirements applicable to the Tutor's approved Tutor Services.
15.4.2 The Tutor must promptly provide the Company with any information or documentation required to confirm continued eligibility to provide Tutor Services.
15.4.3 The Tutor must immediately notify the Company of any change that may affect the Tutor's legal or professional ability to provide Tutor Services.
15.4.4 The requirements of this section apply in addition to the qualification, verification and TSC requirements set out in Section 2.
15.5 Insurance and Personal Risk
15.5.1 The Tutor is responsible for determining whether any insurance is required or appropriate for the Tutor's activities, circumstances or provision of Tutor Services.
15.5.2 Where applicable law, a professional requirement or the Company expressly requires particular insurance or other risk protection, the Tutor must obtain and maintain the applicable coverage for as long as required.
15.5.3 The Tutor must provide evidence of applicable insurance, registration or other required protection where the Company requests such evidence.
15.6 No Employment Benefits
15.6.1 The Tutor is not entitled to employee benefits from the Company by reason of providing Tutor Services as an independent contractor.
15.6.2 Unless expressly required by applicable law or separately agreed in writing, the Company does not provide the Tutor with employee benefits, leave entitlements, pension contributions, medical benefits or other employment-related benefits.
15.6.3 Nothing in this section changes the independent contractor relationship established under Section 1.
15.7 Tutor's Own Financial Affairs
15.7.1 The Tutor is responsible for managing the Tutor's own financial affairs arising from the provision of Tutor Services, including applicable tax, statutory, accounting and record-keeping obligations.
15.7.2 The Tutor must maintain any records required by applicable law in connection with amounts received or activities undertaken through the Platform.
15.7.3 The Company may provide payment records or other information relating to payments made to the Tutor where required for payment administration, legal compliance or other legitimate purposes.
15.8 Responsibility for Tutor's Acts and Obligations
15.8.1 The Tutor remains responsible for the Tutor's own acts and omissions and for complying with the Tutor's legal, professional and financial obligations arising from the provision of Tutor Services.
15.8.2 Any indemnity or liability obligations arising from the Tutor's acts, omissions or breach of these Terms are governed by the applicable provisions of the General Terms and Conditions and any other applicable agreement.
15.9 No Authority to Bind the Company
15.9.1 The Tutor must not enter into any contract, incur any liability, make any commitment or otherwise act on behalf of the Company unless expressly authorised to do so.
15.9.2 The Tutor is responsible for ensuring that any statement made by the Tutor concerning the Tutor's own qualifications, experience, services, availability or professional status is accurate and does not create an obligation on behalf of the Company.
15.10 Continuing Responsibilities
15.10.1 The Tutor's responsibilities under this section continue for as long as the Tutor provides Tutor Services through the Platform and, where applicable, after the Tutor's access to the Platform ends in respect of obligations that arose during the Tutor's provision of Tutor Services.
15.10.2 Suspension, restriction, termination or closure of the Tutor's account does not release the Tutor from any tax, statutory, financial, professional, liability or other obligation that arose before the relevant event.
16. GENERAL PROVISIONS
16.1 Relationship with Other Company Terms
16.1.1 These Tutor Terms and Conditions form part of the terms governing the Tutor's use of the Platform and provision of Tutor Services.
16.1.2 The Tutor must also comply with the General Terms and Conditions and any Company policies, rules, guidelines, procedures or other terms applicable to Tutors.
16.1.3 These Tutor Terms and Conditions are additional terms applicable to Tutors and are intended to operate together with the General Terms and Conditions and other applicable Company requirements.
16.1.4 The order of precedence between these Tutor Terms and Conditions, the General Terms and Conditions, the Privacy Policy and other applicable additional terms is governed by the applicable order-of-precedence provisions in the General Terms and Conditions.
16.1.5 Where these Tutor Terms and Conditions expressly address a Tutor-specific matter that is also addressed by another applicable Company term, the applicable terms will be interpreted and applied consistently to the extent possible, subject to the order of precedence established by the General Terms and Conditions.
16.2 Amendments and Updates
16.2.1 The Company may amend, update, replace or otherwise modify these Tutor Terms and Conditions from time to time, subject to the applicable provisions of the General Terms and Conditions and applicable law.
16.2.2 The Company may also introduce, amend or update policies, rules, guidelines, procedures, operational requirements, technical requirements, safeguarding requirements, verification requirements or other requirements applicable to Tutors.
16.2.3 Notice, effective dates and any acceptance requirements applicable to amendments to these Tutor Terms and Conditions will be governed by the applicable provisions of the General Terms and Conditions and applicable law.
16.2.4 The Tutor must comply with applicable amendments and updates from their effective date.
16.3 Severability
16.3.1 The severability of any provision of these Tutor Terms and Conditions is governed by the applicable provisions of the General Terms and Conditions and applicable law.
16.3.2 If any provision of these Tutor Terms and Conditions is determined to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by applicable law.
16.4 No Waiver
16.4.1 The Company's failure or delay in exercising or enforcing any right, power or remedy under these Tutor Terms and Conditions does not constitute a waiver of that right, power or remedy.
16.4.2 A waiver relating to one provision or breach does not constitute a waiver relating to any other provision or any subsequent breach.
16.5 Assignment and Transfer
16.5.1 The Tutor must not assign, transfer, delegate or otherwise dispose of any rights or obligations under these Tutor Terms and Conditions without the Company's prior written authorisation, except where such restriction is prohibited by applicable law.
16.5.2 The Tutor must not transfer or attempt to transfer their Tutor account, Tutor status or ability to provide Tutor Services to another person.
16.5.3 The Company's rights to assign, transfer or otherwise deal with its rights and obligations are governed by the applicable provisions of the General Terms and Conditions and applicable law.
16.6 Communications
16.6.1 The Company may communicate with the Tutor through the Platform, the Tutor's registered email address, account notifications or another authorised communication method.
16.6.2 The Tutor is responsible for ensuring that their registered contact and account information remains accurate and accessible.
16.6.3 Where these Tutor Terms and Conditions require the Tutor to submit a notice, report, request or other communication through a prescribed Platform process, the Tutor must use that process.
16.6.4 Legal notices will be handled in accordance with the applicable provisions of the General Terms and Conditions and applicable law.
16.7 Interpretation
16.7.1 Headings used in these Tutor Terms and Conditions are for convenience only and do not affect the interpretation of any provision.
16.7.2 References to the General Terms and Conditions, Company policies, rules, guidelines, procedures or other applicable terms include amendments and updates applicable from time to time.
16.7.3 Words and expressions used in these Tutor Terms and Conditions have the meanings given to them in the General Terms and Conditions where applicable.
16.8 Continuing Effect
16.8.1 Provisions of these Tutor Terms and Conditions that by their nature are intended to continue after a Tutor's suspension, restriction, termination or account closure will continue to apply after that event.
16.8.2 Without limiting clause 16.8.1, continuing obligations may include obligations relating to confidentiality, Student information, privacy, intellectual property, payments, disputes, liability and other matters that by their nature continue after the Tutor's access to the Platform ends.
16.9 Governing Law and Jurisdiction
16.9.1 The governing law and jurisdiction applicable to these Tutor Terms and Conditions are governed by the applicable provisions of the General Terms and Conditions and applicable law.
16.9.2 Nothing in these Tutor Terms and Conditions limits or excludes any mandatory right, remedy, protection or legal requirement that cannot lawfully be limited or excluded.
17. CONTACT US
17.1 Contact Information
17.1.1 Questions, complaints, requests and other communications concerning these Terms or the Platform may be directed to the contact details provided below, subject to any specific requirements applicable to legal notices under Section 27.3 or applicable law.
VAZAKI
Email: support@vazaki.com
Address: Nairobi
Telephone: 0797606888/ 0797606912
17.1.2 The Platform may update its contact information from time to time, and updated contact information will become effective when published through the Platform or otherwise communicated to Users.
17.2 Safety Reports
17.2.1 Safety concerns, suspected abuse, exploitation, fraud or other violations of these Terms may be reported through the Platform's designated reporting mechanism or the contact information provided above.
17.2.2 Where there is an immediate threat to a person's safety or life, Users should contact the appropriate emergency services or law-enforcement authorities in addition to notifying the Platform where appropriate.
17.3 Legal Notices
17.3.1 Where applicable law requires a particular method for delivery of a legal notice, the notice must be delivered using that method.
17.3.2 Where applicable law does not prescribe a particular delivery method, a legal notice concerning these Terms may be delivered to the Platform using the official contact details designated in Section 27.1, subject to any additional requirements specified by applicable law.