Please read these Terms of Service (hereinafter - the “Terms”) carefully
before using the WATT E-School Platform and/or Services (as defined
below). If you do not accept these Terms in their entirety, Ltd.
including the agreement to arbitrate on an individual basis any claims
between you and WATT E-School, Ltd. (referred to as “WATT E-School”,
“we”, and “us”), a corporation registered and organized under the laws
of the Republic of Ghana, you must not access or use the WATT E-School
Platform.
1. GENERAL INFORMATION
1.1. Terms of Service
These
Terms describe the terms and conditions applicable to your access and
use of the website, located at www.watteschool.com, and its sub-domains
(the “Website”), related software (collectively with the Website, the
“WATTeLive Platform”).
Use of the Services is subject to
these Terms and any other rules or policies published on the Website or
otherwise made available to you by WATT E-School.
You
understand that by creating an account on the WATT E-School Platform,
you enter into a legally binding contract with WATT E-School with effect
from this date and indicate your unconditional acceptance of these
Terms.
These Terms, as well as Refund and Payment
Policy, Privacy Policy, Cookies Policy, and any service-specific terms
as made available in the Legal Center, are legally binding agreements
governing the relationship between WATT E-School and any User (as
defined below) or visitor of the WATT E-School Platform. As a User or a
visitor of the WATT E-School Platform, the collection, use, and sharing
of your personal data are subject to the Privacy Policy and Cookie
Policy, as may be amended from time to time.
1.2 WATT E-School Services
You
may access and use the WATT E-School Platform as: (i) a registered user
seeking online language teaching and tutoring services by using the
WATT E-School Platform or other tools made available by WATT E-School
(the “Student”); (ii) a registered user providing online language
teaching and tutoring services via the WATT E-School Platform or other
tools made available by WATT E-School (the “Tutor”); or (iii) a visitor
of the Website, Ltd. including the WATT E-School Blog.
Throughout
these Terms, “you” or “your” may refer as applicable to the Student,
the Tutor, or a visitor accessing or using any of our Services (each the
“User”).
WATT E-School Services Ltd. includes access to
the WATT E-School Platform for Students and Tutors, to connect for
online language teaching and tutoring services, facilitation of payments
between Students and Tutors, and customer support and related services
(the “Services”). WATT E-School does not provide language teaching and
tutoring services. All available teaching and tutoring services on the
WATT E-School Platform are provided according to the services' specific
terms outlined in the Legal Center.
You are
responsible for obtaining and paying for any equipment and Internet
service necessary to access the Services. We may alter, suspend, or
discontinue the WATT E-School Platform or the Services in whole or in
part, at any time and for any reason, without notice. The WATT E-School
Platform may also become unavailable periodically due to maintenance or
malfunction of computer equipment or other reasons. We may provide
access to third party services and products from time to time or to our
own products or Services. You acknowledge that the WATT E-School
Platform is evolving and that the form and nature of the Services may
change from time to time without notice to you.
1.3. Amendments to these Terms
We
reserve the right to amend or modify Terms at any time, by posting a
revised version on the Website and by notifying you through the WATT
E-School Platform, or via the email address associated with you in case
of material change hereto. The latest version is published on this page.
We
encourage you to check this page regularly. If you do not agree with
the amendments to these Terms, you have the right to terminate these
Terms by discontinuing your use of the Services and providing a
termination notice to WATT E-School or deleting your account. By
continuing to use the Services following the amendment of these Terms,
you consent to be bound by the Terms as amended.
2. OBLIGATIONS
2.1 Services Eligibility
Services
are available only to and may only be used by individuals who are 18
years and older and who can form legally binding contracts under
applicable law. Individuals under the age of 18 but not younger than the
age of 13 can use our Services only in conjunction with and under the
supervision of a parent or a legal guardian. The parent or the legal
guardian shall at all times be responsible for any and all activities
related to the use of the Services by the aforementioned individuals.
You agree and confirm that you will not allow any individual younger than the age of 13 to use the Services.
2.2 Verification
WATT
E-School may request a Tutor to provide a government-issued ID
(passport, driver’s license, etc.) and the documents confirming the
claimed educational credentials (educational background documents, such
as diplomas, certificates, etc.). The Tutor will be asked to upload a
copy of the Tutor’s government-issued ID and their educational
document(s). As a Tutor passes the verification procedure, a special
badge is added to the Tutor’s profile, and the uploaded copies of the
documents get deleted from our servers.
WATT E-School
does not endorse or make any representations or warranties regarding the
accuracy, completeness, and reliability of any information provided by
the Tutor within the verification procedure.
WATT
E-School cannot confirm that each User is who they claim to be. You
agree and understand that you assume all risks when using the Services,
including without limitation any and all of the risks associated with
any online or offline interactions with other Users.
When
interacting with other Users, you should exercise caution and common
sense to protect your personal safety and property, just as you would
when interact with other people you don’t know. Neither WATT E-School
nor its affiliates or licensors is responsible for the conduct, whether
online or offline, of any User of the Services. WATT E-School, its
affiliates, and licensors will not be liable for any claim, injury, or
damage arising from or in connection with your use of the Services.
2.3 Consumer Reports
WATT
E-School may or may not utilize third-party consumer reporting agencies
that perform, among other things, criminal background checks, sex
offender registry checks, motor vehicle records check, credit checks,
and identification verification (“Consumer reports”). WATT E-School
does not endorse or make any representations or warranties regarding the
reliability of such Consumer reports or the accuracy, timeliness, or
completeness of any information in the Consumer reports. WATT E-School
does not independently verify information in the Consumer reports.
You
hereby consent to WATT E-School collecting, using, and disclosing the
information in the Consumer reports. You understand and agree that WATT
E-School may, in its sole discretion, review and rely on the information
in the Consumer reports in deciding whether to suspend or terminate a
User account or to investigate a complaint about a User, but that WATT
E-School shall not be responsible or liable in any way in the event that
any information in the Consumer reports about any person, including
without limitation any User, is not accurate, timely or complete. Users
who are the subject of Consumer reports may contact the third-party
consumer reporting agency to dispute such information's accuracy,
timeliness, or completeness. WATT E-School reserves the right to suspend
and/or terminate a User account based on the information in the
Consumer reports or for any other reason at WATT E-School’ sole
discretion.
2.4 Privacy
You may use the
WATT E-School Platform without providing personally identifiable
information. When using the Services, you may be requested to provide
your personal data. To learn more about our privacy practices, please
refer to WATT E-School Privacy Policy.
2.5 Payment
Payment
processing on the WATT E-School Platform is provided by third-party
payment processors including but not limited to PayStack, allowing us
to:
(a) bill the Students in lieu of directly processing your credit/debit card information;
(b) enable payouts to the Tutors.
For
the avoidance of doubt, payment made by the Student to WATT E-School
shall satisfy the Student’s obligation with respect to the payment to
the Tutor for the tutoring services provided via the WATT E-School
Platform.
Please review the additional payment terms as specified in the Refund and Payment Policy.
More details on the security of your payment and billing information may be found in our Privacy Policy.
We
use third-party payment processors PayStack to bill you as Students in
lieu of directly processing your credit/debit card information and
PayStack to enable payouts to the Tutors. Please read more on how the
security of your payment and billing information is handled in our
Privacy Policy.
For the avoidance of doubt, payment made
by the Student to WATT E-School shall satisfy the student’s obligation
with respect to the payment to the Tutor for the tutoring services
provided via the WATT E-School Platform.
We also use third-party payment processors (PayStack) to enable payouts to the Tutors.
Please check the additional payment terms specified in the Refund and Payment Policy.
2.6 Refund
WATT
E-School strives to ensure a clear understanding of the financial
relations between Students and Tutors with respect to the Services we
provide. Please check our Refund and Payment Policy to find out more
about how we handle refunds. To the fullest extent permitted by law, any
refunds at any time are at our sole discretion only.
3. RIGHTS AND LIMITS
3.1. Your Right to Use the WATT E-School Platform
In
case you are a Student, WATT E-School hereby grants you, on the Terms
set forth herein, a non-transferable, non-sublicensable, non-exclusive,
limited right to access and use the WATT E-School Platform solely for
your non-commercial personal use. In case you are a
Tutor, WATT E-School hereby grants you, on the Terms set forth herein, a
non- transferable, non-sublicensable, non-exclusive, limited right to
access and use the WATT E-School Platform solely for the provision of
the tutoring services to the Students.
You agree not to
view, copy, or procure content or information from the WATT E-School
Platform by automated means or extract data or other materials from the
WATT E-School Platform (except as may be a result of the standard search
engine or Internet browser usage) unless formally authorized by WATT
E-School under separate written agreement.
You agree not
to inquire about the engagement of or to engage Tutors to complete
assignments, write papers, take quizzes, or otherwise do work on your
behalf. Further, you agree not to use the Services for any purpose that
violates the academic honesty policy or other conduct policies of your
school, university, academic institution, or workplace.
No
WATT E-School materials made available to you as part of the Services
may be copied, reproduced, modified, republished, downloaded, uploaded,
posted, transmitted, or distributed in any form or by any means without
WATT E-School’ prior written permission or as expressly provided in
these Terms.
You may not share or transfer your account credentials with any third party.
3.2. Your Account
Certain
of our Services are reserved for registered users only. To become a
registered user, you must create a Student or Tutor account on the WATT
E-School Platform. You agree that you are responsible for protecting
your account credentials from unauthorized use, and you are responsible
for all activity that occurs under those account credentials. You agree
to notify us immediately if you believe that any of your account
credentials have been or may be used without your permission so that
appropriate action can be taken.
You may use the Website
and its features without being a registered user. This shall not
preclude the application of these Terms and other WATT E-School’ rules
and policies applicable to your use of the Website including but not
limited to when you interact with the Website.
You may
not (i) create more than two accounts (one as a Tutor and one as a
Student) to access the WATT E-School Platform, (ii) share your account
credentials with any third party, or (iii) transfer your account to any
third party. WATT E-School is not responsible for any loss or damage
caused by or expense incurred by you as a result of your failure to
safeguard your account credentials. You agree that you shall not rent,
resell, or remarket the WATT E-School Platform or provide access to the
Services to any third party.
When you create an account
on WATT E-School, we may collect certain personal data directly from
you, or if you create your account using a third-party service
(Facebook, Google, Apple), we may collect personal data about you from
the third-party service (your username or user ID associated with that
third-party service). By choosing to create an account using a
third-party service, you authorize us to collect the personal data
necessary to authenticate your account with the third- party service
provider.
You may select a profile photo or connect your
Google or Facebook account to be displayed within your Student account.
Please be advised that the provision of your photo is not obligatory to
use our Services. You may edit your account at your sole discretion.
The security of any personal data you choose to share within your
account is subject to our Privacy Policy.
When you create a Tutor account, it is obligatory to provide your profile photo and the video introduction.
You
may edit your account at your sole discretion. Adding more details to
your Tutor account may help you get the most out of your use of the
Services, for instance, find more Students. Therefore, it is your choice
whether to include additional information within your account or not,
such as country, language skills, education, and work experience. The
security of any personal data you choose to share within your account is
subject to our Privacy Policy.
3.3. Direct Interactions
WATT E-School does not take part in direct interactions between Students and Tutors except when we consider it advisable:
(a) to ensure compliance with these Terms;
(b) to improve our Services; or
(c) as stated in our Refund and Payment Policy.
WATT
E-School does not have control over the services provided by the
Tutors, any reviews or ratings provided by the Students, or any User
acts and omissions.
3.4. Representations and Warranties
Tutor-Specific Representations
If you use the Services as a Tutor:
(i)
you will provide the tutoring services in accordance with these Terms
and other policies set forth by WATT E-School and made available to you
via email or by posting on the Website;
(ii) you
will provide the tutoring services in accordance with laws and
regulations applicable in the state or country where you are providing
the tutoring services;
(iii) you are solely responsible
and fully liable for any violation of any local laws and regulations
that apply to your provision of the tutoring services;
(iv) you will provide the tutoring services with reasonable care and skill
and in accordance with generally recognized practices;
(v) you have obtained all registrations, certifications, licenses, and
other documentation that are required in the applicable jurisdiction for
providing the tutoring services. It is your obligation to maintain the
validity of all aforementioned documentation;
(vi) you
will not provide tutoring services to the Students outside of the WATT
E-School Platform, receive payments from the Students directly, or
encourage or solicit payment from the Student directly or through any
channels other than those provided by WATT E-School;
(vii)
you acknowledge and agree that WATT E-School may advertise tutoring
services that you provide via the WATT E-School Platform without any
additional payment or obligation to you;
(viii) you
acknowledge and agree that WATT E-School may improve the video you
provided for your account. The improvements can be made by editing the
video, adding the WATT E-School logo to the video, improving the quality
of sound in the video, and publishing the video on WATT E-School social
media accounts with adding the description and link to the Tutor’s
profile.
Student-Specific Representations
If you use the Services as a Student:
(i) you agree to honor the commitments you make to the Tutor via the WATT E-School Platform;
(ii)
you agree that you will not circumvent or manipulate the fee structure,
the billing process, or fees owed to WATT E-School or the Tutor; and
(iii) you agree to use good faith efforts to interact with the Tutors.
3.5. Tutors’ Introduction Video and Profile Photo
Tutors
grant WATT E-School the rights to use Tutor’s introduction video, name,
and profile photo for marketing, advertising, or promotional purposes,
including but not limited to publishing on social media channels, video
hosting, and streaming services, such as YouTube, Vimeo, Facebook, or
others, as to ensure accessibility and visibility to the Students.
You
may always request to remove any introduction videos published on
social media channels, video hosting, and streaming services by writing
to support@watteschool.com.
3.6. Tutors’ Ranking
WATT
E-School uses many pieces of information in order to show the Student
the Tutors that best match the Student’s preferences. The order in which
Tutors are displayed depends on a number of factors including but not
limited to, the following:
· the subject the Student is searching for;
· the country of the Student;
· the Student’s preferred language on the WATT E-School Platform;
· the time zone of the Student;
· the overlap in standard business hours between the Tutor and Student’s time zones;
· the overall availability of time slots on a Tutor’s calendar;
· the past performance of a Tutor in helping their Students achieve their learning goals;
·
the Tutor profile information, including its completeness and the
quality of the profile photo and introduction video;
· how responsive the Tutor is to the Students’ messages;
· the Student reviews and ratings;
· Student’s learning history on the WATT E-School Platform.
3.7. User Complaints
If
a User has a complaint about Services, they should contact WATT
E-School at complaint@watteschool.com with the subject line ‘Formal
Complaint’ (the “Complaint”), providing as much detail as possible about
the Complaint. WATT E-School shall respond to the User confirming
receipt and shall investigate the matter. Upon receiving the Complaint,
WATT E-School customer support shall investigate the Complaint
internally, taking into account the importance and complexity of the
issue or issues raised.
If the Complaint relates to a
specific WATT E-School employee, another WATT E-School representative
will help with the investigation in their place.
WATT
E-School shall respond to the User with its findings in response to the
Complaint, and, where applicable, with a suggested solution.
3.8. Lesson Recording
You
acknowledge and agree that, from time to time, WATT E-School may record
videos of your lessons. This recording is intended solely for the
purpose of ensuring the quality of the Services. Recordings will not be
shared externally, used for individual targeting, or used for any sales,
marketing, or other promotional purposes.
By using the
Services, you agree and give consent for such recordings that is
gratuitous, unsolicited, and without restriction. You agree that WATT
E-School may use these recordings without fiduciary or other obligation
and without any additional compensation.
You may opt out
of any recordings of your lessons or request to remove any existing
recordings by writing to support@watteschool.com.
Tutors
The
Tutor Referrer will be entitled to receive a referral bonus for every
purchase the Referee makes. The referral bonus can be withdrawn as cash.
The referral bonus amount for the Tutor Referrer and Referee is subject
to change.
3.9. Limits
While using the Services, you agree to abide by the User Code of Conduct.
4. LINKS TO THIRD-PARTY WEBSITES
The
WATT E-School Platform may contain links to non-WATT E-School websites.
These links are provided to you as a convenience and/or ancillary to
the Services, and WATT E-School is not responsible for the content of
any linked website. Any non-WATT E-School website accessed from the WATT
E-School Platform is independent from WATT E-School, and WATT E-School
has no control over that website’s content. In addition, a link to any
non-WATT E-School website does not imply that WATT E-School accepts any
responsibility for the content or use of such a website. Use of any
third-party website is subject to its terms of service and privacy
policy. We request that the Users exercise caution and good judgment
when using third-party websites.
5. ADVERTISEMENT
WATT E-School may run advertisements and promotions sponsored by third parties on the WATT E-School Platform.
WATT
E-School may display advertisements on non-WATT E-School websites to
promote the tutoring services you provide via the WATT E-School Platform
and help you generate more Student leads.
6. NO IMPLIED ENDORSEMENTS
In
no event shall any reference to any third party or third-party product
or service be construed as an approval or endorsement by WATT E-School
of that third party or of any product or service provided by a third
party. WATT E-School does not endorse, warrant, or guarantee any product
or service offered by any third party and will not be a party to or in
any way monitor any transaction involving any third-party providers of
products or services. As with the purchase of a product or service
through any medium or in any environment, you are responsible for
exercising caution and good.
7. RELATIONS BETWEEN WATT E-SCHOOL AND USERS
Providing
the Services WATT E-School is acting as an on-demand intermediary
connecting Students and Tutors and providing the tools to facilitate the
tutoring services. You acknowledge and agree that WATT E-School is a
technology services provider that does not provide online tutoring
services or functions as a language learning school.
WATT
E-School does not serve as an employer of any User unless separately
subject to a signed, written employment contract signed by both the User
and WATT E-School. Users may use the Services only for the provision
and receipt of the tutoring services subject to these Terms.
The
Services provide connection to Tutors who are willing to be engaged by
Students as independent contractors. As independent contractors, each
Tutor decides when and how often the Tutor will be available to provide
the tutoring services to Students. Each Tutor controls the methods,
materials, content, and all aspects of the tutoring services. The
Services allow Tutors to create subject-specific tutoring services, for a
certain number of hours.
Students are responsible for selecting
the Tutor suitable for their learning goals. Students should check each
Tutor's self-reported credentials, education, and experience, as well as
reviews from other Students. Each Tutor has the sole discretion to
accept or decline a request for the tutoring services, as well as
continue or discontinue a tutoring relationship with any Student.
Tutors may and, in fact are expected to perform the tutoring services for others or do other types of
work (either as an independent contractor or employee or other) while
these Terms are in effect, including with WATT E-School’s competitors if
desired, provided that such other activities do not result in the
Tutor’s violation of the Terms.
8. NOTIFICATIONS
Unless
you otherwise indicate in writing, WATT E-School will communicate with
you by email, regular mail or by posting communications on the WATT
E-School Platform. You consent to receive communications from us
electronically, and you agree that these electronic communications
satisfy any legal requirement that such communications be in writing.
You will be considered to have received a communication when we send it
to the email address you have provided to WATT E-School within your
account or when we post such communication on the WATT E-School
Platform. You should keep your email address updated in your account and
regularly check this Website for postings. If you fail to respond to an
email message from WATT E-School regarding the violation, dispute, or
complaint within 2 (two) business days, we will have the right to
terminate or suspend your account.
9. TERMINATION
Other
than Tutors, we may terminate any User’s access to the WATT E-School
Platform in our sole discretion, for any reason and at any time, with or
without prior notice. It is our right to terminate Users who violate
these Terms, as deemed appropriate in our sole discretion.
We
may terminate a Tutor’s use of the Services (i) immediately for failure
to comply with the Terms, including User Code of Conduct, which
considers a material breach of the agreement;
(ii) for other
cause, including, but not limited to, sexual or other unwelcome
harassment, threats or intimidation, fraud, falsification of documents
or qualifications; or (iii) upon 30 days’ advance written notice for any
reason.
In case you haven’t logged into your WATT
E-School account for more than 180 days your account will be suspended,
and your remaining balance will expire.
Even after your right to use the Services has been terminated or suspended, these Terms will remain enforceable against you.
10. INTELLECTUAL PROPERTY RIGHTS
All
intellectual property in the design and layout of the WATT E-School
Platform and the material and information published on the Website pages
or within the WATT E-School Platform functionality belongs to and is
vested in WATT E-School or its licensors. You may not copy any part of
the WATT E-School Platform or otherwise do anything in relation to any
part of the WATT E-School Platform. You may not otherwise use or
reproduce any of the WATT E-School Platform or the material contained
within it in any manner other than those listed above without first
obtaining the prior written permission of WATT E-School.
11. CONFIDENTIALITY
You
may obtain direct access via the Services to certain confidential
information of WATT E-School, its affiliates or Users including but not
limited to personally identifiable information, technical, contractual,
product, program, pricing, marketing and other valuable information that
should reasonably be understood as confidential (“Confidential
Information”). You agree to hold Confidential Information in strict
confidence and not use the Confidential Information except for the
purposes set forth in these Terms and not disclose such Confidential
Information to any third party. All right, title and interest in the
Confidential Information remains with WATT E-School, its affiliates and
its Users. No obligation is imposed upon you with respect to
Confidential Information that you can establish by legally sufficient
evidence: (a) you possessed prior to your receipt from WATT E-School,
without an obligation to maintain its confidentiality; (b) is or becomes
generally known to the public through no act or omission by you, or
otherwise without violation of the Terms; (c) you obtained from a third
party who had the right to disclose it, without an obligation to keep
such information confidential; (d) you independently developed without
the use of Confidential Information and without the participation of
individuals who have had access to it, or (e) is disclosed in response
to a valid order by a court or other governmental body, or as otherwise
required by law, or as necessary to establish the rights of either party
under these Terms and as disclosed after prior notice to WATT E-School
adequate to afford WATT E-School the opportunity to object to the
disclosure.
12. DISCLAIMER OF WARRANTY
Use
of the Services is entirely at your own risk. WATT E-School disclaims
all liability in connection with any interactions, correspondence,
transactions, and other dealings that you have with any third parties,
including without limitation Students or Tutors found on or through the
WATT E-School Platform (including on or via linked websites or
advertisements) are solely between you and the third party including
issues related to the content of third-party advertisements, payments,
services, delivery of goods, warranties (including product warranties),
privacy and data security, and the like). Under no circumstances will we
be liable for any loss or damage caused by your reliance on the
information in any content on the WATT E-School Platform. It is your
responsibility to evaluate the accuracy, completeness, or usefulness of
any information, opinion, advice, or other content available through the
WATT E-School Platform.
13. INTERNATIONAL
The
WATT E-School Platform may be accessed from countries other than Ghana.
The WATT E-School Platform and the Services may contain products or
references to products that are only available within Ghana. Any such
references do not imply that such products will be made available
outside the United States. If you access and use the
WATT E-School Platform outside the United States, you are responsible
for complying with all applicable local laws and regulations.
We
make no representation that information on the WATT E-School Platform is
appropriate or available for use outside the United States. Those who
choose to access the WATT E-School Platform from outside the United
States do so on their own initiative and at their own risk.
14. HEADINGS
The
headings and captions used in these Terms are used for convenience only
and are not to be considered in construing or interpreting these Terms.
15. ENTIRE AGREEMENT. SEVERABILITY
These
Terms, together with any amendments and any additional agreements you
may enter into with WATT E-School in connection with the Services, shall
constitute the entire agreement between you and WATT E-School
concerning the Services. If any part of these Terms is held to be
unlawful, void, or unenforceable, that part will be deemed severable and
shall not affect the validity and enforceability of the remaining
provisions.
16. CONTACTS
For additional information and in case you have any questions about these Terms, please contact support@watteschool.com.