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Terms & Conditions 

  • The following expressions are given the following meanings:

"Booking" means tuition lessons that are scheduled.

“Contract" means the agreement between the Tutor and the Tutee for the Tutor to perform tuition services for the Tutee or the Tutee's nominee.

"Tutor" means a Booking Tutor.

"Booking Tutor" means someone with the appropriate qualifications and experience to provide tuition services in the areas advertised by the Madelita Tutoring Website.

"Tutor Fee" is the hourly rate of the Booking Tutor.

"Members" means Tutors and Tutees.

"Lesson Fee" is the combined hourly fee of the Tutor and Website Fees.

"Members" means Tutors and Tutees.

"Tutee" means a person who enters into a contractual relationship with a Tutor for the provision of tuition services by the Tutor to the Tutee or the Tutee's parent/guardian.

"Madelita Tutoring Website" means the website operated by Madelita Tutoring.

“PayPal” is our payment provider when e-transfer is not available.

 

  • All business undertaken by Madelita Tutoring, a Tutor, and/or a Tutee or their parent/guardian is transacted subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail.

  • Acceptance of these Terms imposes that Madelita Tutoring has no obligation to find work for Tutors

 

TUTOR DUTIES
  • A Tutor warrants that -
    • they are of at least eighteen years of age;
    • they have the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Madelita Tutoring Website;
    • their profile and subject information provided on the Madelita Tutoring Website is up-to-date, accurate, truthful, and
    • they have the legal right to work in Canada on a self-employed basis.
  • A Tutor who contacts a Tutee under 18 must ensure that the Tutee has consent from a parent or a guardian to provide tuition services to the Tutee.
  • A tutor takes full responsibility for all information they provide on the Madelita Tutoring Website and must indemnify Madelita Tutoring about any liability incurred by Madelita Tutoring as a result.
  • A Tutor shall indemnify Madelita Tutoring for all claims and liabilities arising from any use by the Tutor of the Madelita Tutoring Website, including any associated costs and expenses incurred, whether direct or indirect.
  • A Tutor must not be abusive about a Tutee or their nominee on the Madelita Tutoring Website or anywhere else.
  • A Tutor is not an employee of Madelita Tutoring and accepts full responsibility for all Income Tax, Employment Insurance and other liabilities arising from using the Madelita Tutoring Website.
  • All information a Tutor provides on the Madelita Tutoring Website must be accurate and updated. This includes a correct name, address, telephone number and qualification/experience details. Details entered by the Tutor on the Madelita Tutoring Website will be publicly visible and may appear in search engine results.
  • A Tutor must refrain from completing any coursework, essays, or other assignments on behalf of the Tutee. Tutors are only permitted to proofread assignments or coursework of Tutees with whom they have had regular lessons.
  • Tutors must refrain from promoting the services of other tuition companies/businesses.

 

BOOKING TUTORS - Additional Duties
  • A Booking Tutor must only make bookings for lessons in agreement with a Tutee. Suppose a Booking Tutor makes a booking for a lesson which the Booking Tutor fails to deliver to a standard expected by a Tutee. In that case, Madelita Tutoring will refund the commission charged for the lesson.
  • If a Booking Tutor fails to show up within 20 minutes of the scheduled start time of a lesson, Madelita Tutoring will refund the commission charged for the lesson at the tutee's request.
  • If a refund or chargeback occurs during a dispute or complaint from a tutee, the Tutor is responsible for resolving the dispute. If the Tutor loses the dispute, they could be liable for the refund and chargeback fee.
  • Madelita Tutoring will not be liable to the Booking Tutor for any loss of earnings resulting from any failed payment.
  • Madelita Tutoring will not be liable to the Booking Tutor for any loss of earnings resulting from technical issues.
  • All tutor payments are intended for lessons only; lessons are time shared with the student in a learning environment, either online or in person.
  • Madelita Tutoring will not be liable for any loss in earnings due to PayPal being unable to collect payment from the student.
  • A booking tutor is free to opt out of PayPal. In this case, all lessons must be paid by interact e-transfer. The Tutor can collect its payment directly from the Tutee, and Madelita Tutoring will continue to collect its commission.
  • All online lessons through Madelita Tutoring are recorded and may be available for your student to view. Madelita Tutoring will also review recordings for safeguarding concerns at a student's request or to assess how tutors and tutees utilize our whiteboard.

 

TUTEE DUTIES

  • A Tutee under 18 must have consent from a parent or a guardian to register, and that parent or guardian must agree with a Tutor to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the Tutor. Madelita Tutoring is not responsible for any disputes regarding parental consent or problems that a Tutee or a parent/guardian has experienced with a Tutor.

  • A parent or guardian must always be present and supervise the entire duration of every lesson, for both in-person and online classes, regardless of their location. This applies to all tutees aged 18 or under. If you must leave the room for any reason, the tutee must accompany you.

  • A Tutee, or where relevant, their parent/guardian, accepts that their Contract for tuition services is with Madelita Tutoring.

  • Before any lessons are confirmed, a Tutee must contact a Tutor through the Madelita Tutoring Website and its contact information. Any other means of communication is prohibited.

  • A Tutee must not publish abusive comments about a Tutor or a Tutee on the Madelita Tutoring Website or anywhere else. This includes defamatory or derogatory comments.

  • A Tutee must refrain from requesting a tutor to complete coursework, essays, or other assignments for them.

  • When a Booking is made more than 24 hours before the start time of the first lesson with a new Booking Tutor, a Tutee has up to 12 hours before the first lesson is due to commence to confirm the Booking.

  • When a Booking is made within 24 hours of the start time of the first lesson with a new Booking Tutor, a Tutee has up to 4 hours before the first lesson is due to commence to confirm the Booking.

  • By confirming the first lesson with a Booking Tutor, the Tutee authorizes Madelita Tutoring to deduct commission payments. If the tutor has chosen PayPal as their payment method, they may instruct PayPal to take the Lesson Fee from the payment details provided. A Booking Tutor may then make further Bookings.

  • When a Booking is confirmed, a Tutee enters directly into a contract with Madelita Tutoring.

  • For in-person lessons, a Tutee must ensure that they have given enough information to the Booking Tutor, including their correct address, to allow the lesson to occur. If a lesson occurs at the Tutee's home, the Tutee must ensure a suitable and safe setting.

  • A Tutee must use their judgment about the services of Booking Tutors detailed on the Website. Tutees are responsible for checking the credentials, expertise, and qualifications of any Booking Tutor with whom they confirm a Booking.

  • A Tutee is responsible for checking that Bookings made by a Booking Tutor or Madelita Tutoring on their behalf are done correctly and understands they will be informed of these lessons by Madelita Tutoring via email.

  • If a Tutee cancels a lesson less than 12 hours before the lesson is due to commence, our commission payment may be charged, and at the tutor's discretion, they may charge the tutee a cancellation fee.

  • If a lesson does not take place because a Tutee does not attend, or if the Tutee cancels the lesson with less than two hours' notice, our commission payment may be charged, and at the tutor's discretion, they may charge the Tutee a cancellation fee.

  • A Tutee must cancel a lesson by email or on the Madelita Tutoring Website. Cancellations made outside the Madelita Tutoring Website may result in our commission fees being charged to the Tutee.

  • A Tutee should email Madelita Tutoring with a Complaint within 24 hours of the lesson's scheduled finish time. The Tutee could be charged the entire Lesson fee if the tutor chooses.

  • In the case of a Failed Payment being outstanding 48 hours after the scheduled end of the relevant lesson, the tutor authorizes both Madelita Tutoring and their tutor to instruct PayPal to retry the charge.

  • If a Tutee has an outstanding Failed Payment for over 48 hours, then all future lessons will be cancelled on Madelita Tutoring.

  • Madelita Tutoring may continue to seek payment to cover Failed Payments from the Tutee for ninety days following the scheduled end of the relevant Lesson by contacting the Tutee by email, text (SMS), and Phone.

  • A Tutee accepts that Madelita Tutoring reserves the right to pass bad debts to third-party debt collection services and acknowledges that their credit rating may be affected.

 

MEMBER DUTIES

  • Members must not use the Madelita Tutoring Website for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or sending viruses and worms.

  • Members must not impersonate any other person or entity or use a false name or name they have no authority to use.

  • Members must not post material to the Madelita Tutoring Website in which the copyright or intellectual property is or may be the property of another person or body.

 

LIABILITY, INDEMNITY, and OTHER PROVISIONS

  • Third-party websites may appear on the Madelita Tutoring Website. Madelita Tutoring does not endorse or have any responsibility for the site in question or anything which appears on it.

  • Members agree to indemnify Madelita Tutoring against all liabilities, claims and expenses arising from any breach of these Terms and Conditions or using the Madelita Tutoring Website.

 

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INTELLECTUAL PROPERTY

The code, brand and intellectual property of the Madelita Tutoring Website cannot be reused without Madelita Tutoring's consent. All copyright, trademarks, and other intellectual property rights relating to the Madelita Tutoring Website (including the material contributed by Members) are owned by Madelita Tutoring. It is prohibited to copy, distribute, show in public or create any derivative work from the Madelita Tutoring Website or any of the material found on the Madelita Tutoring Website without the consent of Madelita Tutoring. Please see our Copyright Notice, which forms part of these Terms and Conditions.

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MISCELLANEOUS PROVISIONS

Madelita Tutoring reserves the right to withdraw or modify aspects of the Madelita Tutoring Website or the entirety of it. Madelita Tutoring may, at their sole discretion, vary the features of the Madelita Tutoring Website and the Terms of Use at any time.

 

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