1. Introduction and Acceptance

These Terms of Use (the “Terms”) set forth the terms and conditions under which you may use the Akamori website (www.akamori.com) and mobile application (together, the “Site”). Please read these Terms before using the Site. The word “You” shall mean users of the Site seeking to provide tutoring services as a “Tutor”. The word “Users” shall collectively refer to Students and Tutors. By using or accessing the Site (other than to read these Terms for the first time), You hereby represent and warrant that You understand, agree to and accept all the terms and conditions set forth in these Terms whether or not You register with the Site. These Terms are subject to change by Akamori at any time. Substantive changes to these Terms will be notified to You by email, to the email address You register in your account and you will be required to tick the box accepting the same without which access will be denied. Non-material changes or any other minor changes will be notified by placing a notice on the Site. Changes will be effective fifteen (15) days after their notification. By continuing to use the Site after the effective date of any changes, you will be accepting such changes.

 

2. Services

The Site is intended to help users seeking tutoring services (the “Students”) to find and connect with users seeking to provide tutoring services (the “Tutors”). The Site connects simultaneously Students seeking help in a specific course to qualified Tutors, in order to schedule an online virtual tutoring session. It allows school students to find, book and coordinate with a qualified Tutor (the “Services”). It should be noted that:

• the Services are purely IT in nature (i.e. access to the Site as a technology platform);
• the Services are not education services; Akamori does not provide educational or tutoring services or operate as an Approved Training Institute or education provider.
• the Services are logistical in that they enable users of the Site to arrange and schedule online virtual tutoring courses/sessions with third party tutors also using the Site; and
• the Tutors are independent third parties who are not employees of the Company;

It being understood that Tutors are freelancers working on their own behalf, hired by Students. Therefore, You control all aspects of the tutoring including, but not limited to, the methods and materials. Akamori does not have any control over the quality, timing or legality of the services actually delivered by You, nor of the integrity, responsibility or actions of the Students. Akamori does not refer or recommend either Students or Tutors nor does Akamori make any representations about the suitability, reliability, timeliness and accuracy of the services provided by Tutors or the integrity, responsibility or actions of Students. Akamori does not assume any responsibility for the accuracy or reliability of any information provided by Students or Tutors on or off the Site. Students will remain responsible for selecting the appropriate Tutors for their specific tutoring needs. All tutoring sessions should take place in a safe and/or public environment, and be supervised by a responsible and trustful adult.

 

3. Registration and Eligibility

3.1 To be eligible to use the Site and Services, Tutors can reside anywhere across the globe (the “Regions”).

3.2 To be eligible to register as a Tutor on the Site and provide tutoring services, Tutors should be:

• legally permitted to work in one of the Regions where they will be providing tutoring services;
• of legal age required in the Regions to consent and agree to the Terms and provide tutoring services or be older than eighteen (18) years old whichever is higher;
• an expert in the subject or have aced the class they want to tutor;
• a college sophomore or higher, or have a degree from an accredited university;
• possess strong oral and written communication skills;
• have clear criminal records, in all and any countries worldwide, and never have previously been, subject to a complaint or any other legal action involving any felony, criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence, drugs, or sexual offenses.

Akamori reserves the right, in its sole discretion, to reject the registration of any Tutor who does not meet the eligibility requirements stated above and on the basis of the evaluation their knowledge and competence in the field while inquiring about their education, background and skills, in particular their credentials, academic education, experience and personality.

3.3 By registering with the Site and/or using the Site or the Services, You represent and warrant that You are eligible to use the Site and Services, that You have the right and capacity to enter into the Terms, and that You undertake to abide by all these Terms.

 

4. Your Conduct and Obligations

 

4.1 General Obligations

You must provide the services yourself. You may not assign or otherwise transfer your account or tutoring services to any other person or entity; the Services are rendered 'Intuitu personae' thus entirely dependent of the person itself. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and Services. You represent and warrant to Akamori that you have the right and authority to provide all information You provide about yourself. You agree, represent and warrant to Akamori that You have the right, and hereby grant to Akamori, its licensees and successors, an irrevocable, perpetual, non-exclusive, free, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute all and any information and content You provide, and to prepare derivative works of, or incorporate into other works, such information and content. Akamori does not guarantee the accuracy, completeness or usefulness of any information on the Site nor is Akamori responsible for any claims relating to inaccurate, untimely or incomplete information provided by Users. By using the Site or Services, you agree that you shall never, in any way:

• use the Site or Services, or any information contained therein in any way that is unlawful, abusive, threatening or otherwise offending;
• provide false, outdated or inaccurate information;
• re-register with Akamori, or attempt to re-register, in case Akamori have terminated your account or in order to avoid a User’s review;
• use another User’s Akamori account;
• use the Site and/or Services for any commercial solicitation purposes;
• interfere or attempt to interfere in any way with the functioning of Akamori’ Services;
• bypass any measures Akamori take to restrict access to the Site and/or Services or use any software, technology, or device to abuse the Services or harvest data from the Site.

 

4.2 Tax Obligations

You expressly undertake to comply with all of your tax obligations and make all tax filings and declarations required in your country of residence under Applicable Laws, including, without limitation, make all such filings and declarations, and pay all taxes, in connection with your fees and tutoring activities. Akamori expressly disclaims any liability whatsoever in this regard, and You represent, understand and expressly agree to hold Akamori harmless for any claim arising out of or in connection with such filings, declarations and taxes.

 

5. Termination of Registration

Akamori reserves the right, at its sole discretion, to immediately suspend and/or terminate your use/access to all or part of the Site and Services as well as to remove your profile from the Site, and/or to terminate your registration in Akamori, with or without notice, if You violate any terms stated herein or undertake any illegal activity or if some of the eligibility requirements are no longer available. Furthermore, Akamori reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site, as a preventive protection measure or in reaction to a threat. In such case of termination or suspension, You agree not to make any further use of the Site and/or Services after termination or during suspension.

 

6. Privacy

Akamori may only use the information You provide on the Site or through the Services in accordance with this section 6. The privacy policy only applies to information collected via the Site, email, telephone, electronic devices and other interactive services. In respect to all data and information collected on its Site, Akamori shall comply with the data privacy laws and regulations as applicable in any of the countries in which it provides its Services.

 

6.1 Information Collected

Akamori collects personally identifiable information when You use the Site and/or the Services. This personally identifiable information may be used strictly to:

• communicate with You;
• share the Tutor’s contact information with Students when a tutoring session is booked;
• share the Student’s contact information with Tutors when a tutoring session is booked;
• process your requests and ensure that Akamori’s relationship with You is accurate and up-to-date;
• verify your identity in order to allow access to your account;
• process transactions and billing exclusively related to Tutor’s subscription fees;
• respond to your inquiries;
• send you important information regarding the Site or Services;
• undertake data analysis, audits, developing and enhancing the Site and Services;
• comply with laws and regulations;
• send you marketing communications that may be of interest to you;
• undertake administration of and troubleshooting regarding our system; and
• proceed with any payment that You shall make or receive in connection with your account.
• Akamori will not disclose or sell your personally identifiable information without your consent. Nevertheless, third parties who provide technical support to Akamori may need access to such information, and Akamori shall ensure that they are not permitted to disclose such information.

Akamori also collects information that is not personally identifiable information (type of browser, access time, pages viewed, IP address, operating system, etc.). Akamori may edit and publish statistics made from this information, or share them with third parties, without including any personally identifiable information. Akamori may also gather information from other sources in order to combine it with information collected through the Site and/or Services. Akamori reserves the right to release non-personally identifiable information collected in aggregate.

 

6.2 Data Transmission and Storage

While Akamori uses encryption to protect sensitive information transmitted online, Akamori also protects your information offline. Only Akamori employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which Akamori stores personally identifiable information are kept in a secure environment. Akamori shall exercise reasonable endeavors in protecting the sensitive information transmitted online, thus cannot guarantee the security of the collected information, including personally identifiable information. By using the Site and/or the Services, You acknowledge and agree that Akamori makes no guarantee with respect to such security, and that You shall use the Site and Services at your own risk.

 

6.3 Use of Cookies

Akamori uses cookies to help enhance your experience on the Site. Cookies are text files with small pieces of data — like a username and password — that are used to identify your computer as you use a computer network;said files are sent to and stored on your computer, smartphone, or other device for accessing the internet, whenever you visit a website. Cookies allow a website to recognize Users’ devices and collect information. No personally identifiable information is stored in Akamori’ cookies.

 

7. Advertisement and Promotional Links to Third Party Sites

Users may find on the Site advertisement and/or links to external sites for advertisement or promotion purposes. You acknowledge and agree that:

• Akamori does not approve, recommend, guarantee or certify the content of such external sites or any other materials, products or services available on such external sites;
• You may access such external sites at your own risk;
• Akamori is not responsible for the content of such external sites, and expressly disclaims any liability in connection with such links and/or such external sites; and
• You shall hold Akamori harmless from any liability arising out or in relation with the use of links to external sites.

 

8. Payments

 

8.1 Payments from Students to Tutors – Cancellation Policy

You acknowledge and agree that:

• Akamori is not a party to any agreement between Students and Tutors
• All payments agreed between Students and Tutors shall occur between them
• Any issue with respect to such payments must be resolved directly between the Students and the Tutors
• Akamori is not responsible and disclaims all liability with respect to such payments
• Students undertake and agree to never refuse to pay a Tutor upon completion of a satisfactory tutoring session that they have booked
• Students who intend to cancel a session that they have booked with a Tutor shall send a cancellation notice to the Tutor involved at least 24 hours before the beginning of the session. The student is liable to pay 30% of the tutoring fee for that particular day/session as admin charges to process the refund to the student.
• If Students do not cancel a booked session prior to the above deadlines, they shall be liable to pay 100% of the tutoring fee for that particular day/session – of which 70% will be credited to the tutor concerned.

 

8.2 Online payment platform

Akamori makes available to Students and Tutors a secure online payment platform (the “Payment Platform”) provided by licensed banks in the Regions chosen by Akamori (the “Banks”). Tutors who have an account at one of the Banks will be able to use it by providing Akamori with the corresponding IBAN. Students shall pay their Tutor directly by credit card through the Payment Platform. 30% (Thirty percent) of the total tutoring fee per student per course will be deducted by Akamori as a “Platform Fee” in consideration for ensuring his/her visibility and access to tutoring opportunities via the platform. For tutors who commit to long term monthly plans, our commission rate decreases up to 20% based on how many months you’ve taught on the platform, and your ratings from the students. You hereby grant Akamori the authority to:

• collect the tutoring charges on your behalf (as mentioned below); and
• deduct an amount in payment of Akamori' fee.

The Tutoring Fee shall be paid to Akamori when a Student chooses to pay his/her Tutor through the Payment Platform and said Tutor has his/her Bank account at one of the Banks, Akamori will have said amount credited with the amount owed to him/her, on last day of each month. The Payment Platform is provided by one of the Banks and Akamori only exercises reasonable endeavors in making it available to Students and Tutors. The Payment Platform may be discontinued or terminated in the event the Bank discontinues or terminates such Payment Platform. Accordingly, Akamori is not responsible and disclaims all liability with respect to the availability of the Payment Platform as well as with any and all payments made through the Payment Platform. Akamori shall only act as limited payment collection agent for Tutors. You hereby appoint Akamori as your limited payment collection agent solely for the purpose of accepting the Tutor’s fees from Students. In accepting appointment as the limited payment collection agent, Akamori assumes no liability for any acts or omissions of the Tutors and/or the Students.

 

8.3 Satisfaction Guarantee for Students

Tutors shall provide the Students with a 100 % cash back satisfaction guarantee with respect to the quality of the tutoring session. Further to the negative feedback by the Student, Akamori will lead an investigation and if Akamori considers, at its sole discretion, that the Tutor did not provide the required services as per the required level, the Tutor shall waive their fees. The objectives reasons to consider such waiver shall include but are not limited to:

• Student not being satisfied with the quality of the tutoring session;
• Tutor arriving more than 20 (twenty) minutes late to the tutoring session;
• Tutor appears not having the knowledge required to teach the matter.

Akamori will have 48 (forty-eight) hours to investigate the case before giving such opinion.

 

8.4 Free Trial Offers

Akamori may offer limited-time free trial subscriptions to Users from time-to-time. After the expiration of the free trial period, Students will be charged the subscription fee to the Services.

 

9. Release of Liability for Disputes Between Students and Tutors

Any issues arising out of or in connection with the conduct of Students or Tutors must be resolved directly by the Students and the Tutors. Akamori expressly disclaims any liability whatsoever for any claims, demands or damages arising out of or in connection with such issues. You represent, understand, and expressly agree to hold Akamori harmless for any claim arising out of or in connection with any disputes between Users of the Site.

 

10. Disclaimer of Warranties

Use of the Site and Services are at your sole risk. Akamori makes no representation or warranties of any kind whether express or implied with respect to the suitability or quality of any Tutor providing the services. All information, content, services and materials contained on the Site (the “Information”) are provided on an “as is”, “as available” and “with all faults” basis. To the maximum extent permitted by law, Akamori:

• does not warrant the accuracy of such Information;
• does not warrant that your use of the Site or Services will be uninterrupted, always available, timely, secure, free from computer viruses, error-free, useful, satisfactory, or that any error and/or defect in the Site or Services will be corrected;
• disclaims all express or implied conditions, representations and warranties of any kind including, but not limited to, any implied warranty or condition of merchantability, fitness for a particular use or purpose, non-infringement of third-party rights, and satisfactory quality;
• expressly excludes all conditions, warranties and other terms which might otherwise be implied by law and disclaims liability for errors or omissions in this Information.

 

11. Limitation of Liability

The Site and Services merely offer a meeting platform for Students seeking Tutors. You understand and agree that Akamori has no control over the performance or conduct of Users, whether online or offline, and that Akamori makes no representations or warranties about the accuracy, suitability and/or quality of the statements made by Users and services provided by Users. Akamori expressly disclaims, and each and all Users expressly release Akamori from, any and all liability for any dispute, claims, lawsuits, damages, losses or injuries whatsoever arising out of or in connection with the Site and/or Services. Akamori shall not be involved in any transaction between Users, which are in any case made directly between them, nor shall Akamori be responsible for any consequence whatsoever of any kind resulting from interactions between Users. To the fullest extent permitted by law, in no event will Akamori be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages, losses or expenses arising out of or in connection with the Site and/or Services, including, but not limited to, damages arising out of and/or related to the use or inability to use the Site and/or Services, any information or services received from or through the Site and/or Services, removal of content from the Site (including profile information), conduct of any third party on the Site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system failure. These limitations shall apply even if Akamori has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). You acknowledge and agree that the warranty disclaimers and limitations of liability provided in these Terms are material, fair and reasonable. Akamori total liability arising out of or relating to these Terms is limited to USD100 or 25% of the Tutoring Fee that was paid, whichever is lower.

 

12. Assumption of Risk

You agree and understand that You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with Users. You agree to take all necessary precautions when interacting with Users or other site visitors. You shall assume all risks for any damage to your computer system, including, but not limited to, loss of data, resulting from obtaining any Information from the Site and/or computer viruses.

 

13. Indemnification

By agreeing to these Terms, You agree to indemnify, defend and hold harmless Akamori and its shareholders, officers, agents, licensors, suppliers, other partners, employees and representatives from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs (including but not limited to court costs) incurred by Akamori in connection with any claim by a third party (including an intellectual property claim) arising out of:

• materials, information and content You transmit to and/or through the Site or Services;
• your acts and/or omissions on or off the Site;
• your use of the Site or Services in violation of these Terms, of any applicable law or regulation, or of the rights of any third party;
• disputes with or between Users;
• misstatements and/or misrepresentations;
• your use of links to third-party websites;
• any action you may take based on Information obtained on and/or through the Site.

You further agree that You will cooperate as reasonably required in the defense of such claims. Akamori reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Akamori. You acknowledge and agree that, in the event You circumvent Akamori to directly contact a Student in any way or by any means whatsoever, significant damages will be caused to Akamori. Therefore, You agree that, in such event Akamori shall have the right to claim, and You shall pay by way of liquidated damages immediately upon demand of Akamori, an amount of USD 3,000 (One Thousand U.S. Dollars). You hereby acknowledge and agree that such amount is fair and reasonable with respect to the damages that Akamori would actually suffer in such case.

 

14. Copyright Notices

If You believe any materials accessible on or from the Site infringe your copyright, You may request removal of those materials from the Site by contacting Akamori. Akamori will investigate your request and determine, at its sole discretion, whether to address your request.

 

15. Governing Law and Jurisdiction

These Terms, and any dispute between you and Akamori, shall be governed by the United Arab Emirates laws including the Consumer Protection Law, as applied in the Emirate of Fujairah, and without regard to principles of conflicts of law.

 

16. Disputes

Unless you and Akamori agree otherwise, in the event that the dispute resolution method provided herein is found not to apply to you or to a particular claim or dispute for any reason, you agree that any claim or dispute that has arisen or may arise between you and Akamori must be resolved exclusively by the competent courts in Fujairah, United Arab Emirates.

 

17. Disclaimer

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES PROVIDED BY COMPANY OR THE SITE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY COMPANY OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF ANY, IN THE THREE (3) MONTH PERIOD PRIOR TO ANY DISPUTE. YOU AGREE NOT TO HOLD COMPANY, COMPANY'S AGENTS AND EMPLOYEES, OFFICERS, DIRECTORS, OR PARTICIPANTS IN COMPANY'S AFFILIATE SERVICE LIABLE FOR ANY ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE AND RELEASE ALL SUCH PERSONS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

 

18. Governing Law and Jurisdiction

These Terms, and any dispute between you and Akamori, shall be governed by the United Arab Emirates laws including the Consumer Protection Law, as applied in the Emirate of Fujairah, and without regard to principles of conflicts of law.

 

19. Feedback:

• Any feedback You provide with respect to the Application shall be deemed to be non-confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Akamori for the feedback under any circumstances, unless specified.

• Under no circumstances shall Akamori be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the Application.

 

20. Customer Care:

We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at feedback@akamori.com Last updated on

January 1, 2022.