Student Terms & Conditions
The Company reserves the right to change or modify these Terms at any time and in our sole discretion. If the company makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Website or updating the date at the top of these Terms. Your continued use of the Website or Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Website and Services. If you do not agree to the amended Terms, you must stop using the Website and Services.
Please keep in mind that this document is a legally binding agreement between you as the Student of the Website (referred to as “you”, “your” or “Student” hereinafter) and the Company. The Student’s parent or guardian express consent to this agreement may be required, ClassTrack deems necessary (on a case by case basis) in case the Student is under the age of giving valid consent under the applicable laws.
We do not provide educational or legal advice or recommendations, nor do we recommend you to purchase Tutoring Services. The information provided on this site or in any communication containing a link to this site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company or its affiliates to any registration requirement within such jurisdiction or country.
ClassTrack is a global end-to-end solution for educational professionals, online ed tech courses providers and other service providers, we connect students and consumers with educational professionals, learning and development professionals, business leaders, CXOs and other managers around the world. The Company does not make any guarantee or other promise as to any results that may be obtained from using our content or any third-party content. No Student should make any acquisition decision based on the interpretation of our Website’s content, without first consulting an educational professional about the Services.
To the maximum extent permitted by applicable law, nothing in this document will:
- limit or exclude the Student’s or its legal guardian’s liability or misinterpretation of the information presented on the Website;
- limit any of the Student’s or its legal guardian’s liabilities in any way that is not permitted under applicable law;
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer:
a) are subject to the preceding paragraph;
b) will govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer.
Definitions and Interpretation
In this Agreement, unless the context requires otherwise, the following terms shall have the following meanings:
“Tutor” means an Educational Institution of any level, or a Tutor, be they independent or a member of an Educational Institution enrolled in ClassTrack. The term shall also include an administrator of a Tutor’s account.
“Tutoring Service” shall refer to the ed-tech online courses/tests/exams/live sessions, social interactions provided by a Tutor, etc., or other Services to be provided by Tutor.
“Lessons” means a mix of digital content made available by Tutors to cover specific Module objectives, and been approved as per ClassTrack guidelines to be transacted as Internal Purchase.
“Live Tutoring” – means real-time educational assistance delivered as either one-on-one or group session provided by pre-approved Tutors and transacted as Internal Purchases.
“Module(s)” – means the set of learning objectives articulated across grades and subjects to outline the intended content and educational goals at particular points in time throughout pre-college school programs authorized and approved by an accredited authority.
“Student” means you, the person who directly/indirectly approach ClassTrack seeking information on Tutors for Tutoring Service and requesting such Services. Unless expressly specified otherwise, reference to a Student shall also deem to include reference to the relatives/legal guardians or any third party of a Student who applies on behalf of the Student;
“Parent” – means the person who has allowed the underage Student(s) under his/her guardianship to enroll into ClassTrack platform and has a ClassTrack parent account directly linked with his/her Student(s)’ account(s).
“Rates” shall refer to the charges collected by ClassTrack on behalf of the Tutor for the Tutoring Services.
“Order” – means any purchase of a Subscription plan made by Students or legal guardians.
“Services” may either refer to the Services provided by ClassTrack to the Tutors and Students, as hereinafter described or to the Services which may be rendered by a third-party complementary Services provider, as the case may be.
“Dispute” – means any dissatisfaction expressed by a Student or any complaint made by a Student or any other dispute or potential dispute or claim of a Student in connection with the provision of the Tutoring Services rendered by the Tutor.
"Intellectual Property Rights" means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law.
“Student Data” means any Personal, Financial, and other Information that the Student uploads or submit to the ClassTrack platform, or other areas of the Service.
"Website" means https://classtrack.com/ and the Services available from its domain and sub-domains, and any related or successor domains from which ClassTrack may offer Services.
Also, in this Agreement (unless the context requires otherwise):
a) reference to the singular includes a reference to the plural and vice versa, and reference to any gender includes a reference to all other genders;
b) reference to any natural person includes reference to a juristic person like a company etc.;
c) reference to statutory provisions shall be construed as meaning and including references also to any amendment or re-enactment (whether before or after the date of this Agreement) for the time being in force and to all statutory instruments or orders made pursuant to statutory provisions;
1. Website Terms
ClassTrack manages https://classtrack.com/ which is a platform designed to assist Students to find details about Tutors and avail their Services. ClassTrack may also provide the Students with the option to benefit of certain complementary and adjacent Services (such as events, meetings, conferences, books, etc.) provided by other third-party service providers. Students can also use the Website to submit inquiries to the Tutors.
ClassTrack grants you a personal, limited, non-exclusive license to use the Website and Services for your non-commercial use. To the fullest extent permitted by applicable law, this license granted to use is non-transferable. You may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website or the content therein.
The Website is intended for your personal and non-commercial use only. You hereby agree to register to become a Student on the Website if you are invited by a Tutor, if you are of sufficient legal age and can enter into binding contracts, or if you have your parent’s consent.
You are responsible for maintaining the secrecy of your passwords, login name/Student-ID and account information at all times and you shall be personally responsible for any and all use of the Website by you and anyone using your login information and password whether with or without your permission. Students hereby agree and warrant to:
● Be accurate (where they state facts);
● Be honest, constructive and polite when providing ratings to Tutors;
● Use ClassTrack social networking primarily for learning and development purposes, always use polite language and exhibit professional attitude;
● Comply with any applicable laws in the country from which you are using the Website.
WHILE CLASSTRACK MAKES REASONABLE EFFORTS TO PROVIDE THE STUDENT WITH ACCURATE CONTENT, CLASSTRACK CAN MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, RATES OR COST INFORMATION, BENEFIT INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL CLASSTRACK BE LIABLE TO THE STUDENT OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE STUDENT IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY TUTOR OR EDUCATIONAL INSTITUTION LISTED OR ACCESSIBLE THROUGH THE SERVICES.
2. Trademarks, Copyright and Intellectual Property
The trademarks, logos and service marks ("Trademarks") displayed on the Website are the property of Yii2Developers, of the Educational Institutions and other eventual associated parties and service providers.
Students are prohibited from using any Trademarks for any purpose without the written permission of ClassTrack or such third party which may own the Trademarks. All information and content including any software programs available on or through the Website ("Content") is protected by copyright.
Students are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes.
You hereby acknowledge and agree that ClassTrack exclusively owns all rights, title and interest in and to the Platform and its provided Services, and any associated documentation, content, and deliverables (collectively, the "Documentation") developed and/or provided during the Services and all Intellectual Property Rights therein. You also acknowledge that all third-party service providers own all rights, title and interest in and to the provided content to the Website.
The Platform and Documentation contain confidential and proprietary information and trade secrets belonging to ClassTrack, as well as to its third-party service providers, on a case by case basis, and nothing herein gives the Students any right, title or interest in the Platform or Documentation except for Student’s limited express rights granted by any separate agreements. The Student's possession, access, and use of our Services do not transfer to the Students or to any third party, any rights, title, or interest in or to such intellectual property rights.
You further acknowledge that the Services may contain information which is designated confidential by ClassTrack and that you shall not disclose such information without ClassTrack’s prior written consent.
Students must not, without prior written consent from ClassTrack:
• Republish material from https://classtrack.com/
• Sell, rent or sub-license material from https://classtrack.com/
• Reproduce, duplicate or copy material from https://classtrack.com/
• Redistribute content from https://classtrack.com/
Exception to the above rules: Students are able to share ClassTrack’s Blogs and Articles.
3. Account Creation and Service Terms
Although, as a Visitor, you are able to search for Tutors and other third-party partners, and send inquiries or avail third-party Services, by creating a Student Account with ClassTrack you are able to connect with Tutors and benefit of all the range of Services provided by us without having to repeat the procedure of filling your basic details. Only one person may use an Account.
You acknowledge that your account is personal to you and you are expected to treat your account as confidential. You agree to provide accurate, current and complete information about yourself as prompted by the registration form. We may verify the contents of this information, but we are not required to, and therefore we decline any responsibility regarding them. Failure to comply with this obligation will result in account suspension.
There are two ways of signing up:
1) as a Student under sixteen (16) years of age. The Student will need to register and provide us with the full name and email address, and the Student’s legal guardian will also need to register and provide us with a name and contact email address. The legal guardian shall be responsible for managing the provision of all elements of Tutoring Services on behalf of the Student including but not limited to being responsible for paying the Rates, requesting refunds, receiving email communications from ClassTrack, making referrals by way of distributing Referral Discount Codes.
2) as a Student who is over sixteen (16) years of age. The Student does not need a legal guardian and has full rights to make any purchase of Services deemed relevant to their education.
The Student declares that they understand our contractual position and obligations, and also undertake to use our Services in good faith, and to act within the purposes set out by ClassTrack, without any alteration or interpretation. Any type of misrepresentation of our Services will be considered a breach of contract and will result in immediate termination of our Services and cancellation of access to your Student Account, without prior notice.
4. Accessing the Website and Account Security
When you select your password, and/or any other piece of information as part of our security procedures, you are expected to treat such information as confidential. You agree to accept responsibility for all activities that occur under your e-mail and password. You agree to notify us immediately of any unauthorized access to, use or disclosure of your e-mail, password, or any other security violation or breach.
We reserve the right to withdraw or amend the Website or any of ClassTrack’s Products and Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
As stated above, Students on our Website are able to inquire and receive a set of information and avail Tutoring Services from ClassTrack based on their interests or requirements, or they can be enrolled by a Tutor that is already providing Tutoring Services through our Website. To pay for the Tutoring Services, the Student will use ClassTrack’s integrated payment system.
ClassTrack accepts Visa or MasterCard debit and credit cards in US Dollars and Euro for payment for the Services availed.
Payment procedures. The cardholder must retain a copy of transaction records and Merchant policies and rules.
Payment confirmation (for Services). Once the payment is made, the confirmation notice will be sent to the Student via email within 24 hours of receipt of payment.
Refund policy. Any refunds will be done by ClassTrack, upon request, only to the original source of payment.
Cancellation policy. The Student can cancel the payment within 24 hours from the order. Under the circumstances, the refund will be made back to the payment solution used initially by the Student. Please allow for up to 45 days for the refund transfer to be completed.
6. Obligations of the Parties:
6.1. Student Obligations
When the Student uses the Website and the Services and when they book and accept the Tutoring Services, the Student must comply with any requirements as directed by ClassTrack and the Tutor as amended from time to time and in accordance with these Student Terms.
Student further and specifically agrees:
a) to obtain and maintain all ClassTrack tools to use and access the Services in accordance with the clauses provided in this section. Any problem concerning a technical issue regarding a Student’s personal computer or internet service provider is not the responsibility of ClassTrack. The Student must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
b) to procure, maintain and pay for the latest available version of security software to protect against the transmission of viruses and other computer malware during your access to and use of the Tutoring Services;
c) to provide promptly and give to the Tutor all such information as they may reasonably require in connection with the provision of the Tutoring Services;
d) to notify ClassTrack immediately should the they become incapacitated in any way and unable to attend their Lesson. ClassTrack can notify any Tutor on their behalf if the Student has not already done so;
e) to be solely responsible in assessing the suitability of a Tutor to deliver the Tutoring Services and the accuracy of their stated credentials, expertise. References by the Tutor are not verified, validated or checked by ClassTrack and any qualifications;
f) to contact a Tutor via ClassTrack instant messaging facility via the Website only. Other means of communication is prohibited;
g) not to publish any abusive comments about a Tutor or another Student on the Website or any other place including defamatory or derogatory comments.
6.2. ClassTrack obligations
ClassTrack agrees to:
a) provide the Services with all due care, skill and ability and in a timely manner and in the best interests of the Student and the Tutor;
b) devote as much time to the provision of the ClassTrack Services as may be necessary for their proper performance;
c) provide promptly and give to the Student all such information as they may reasonably require in connection with the provision of the ClassTrack Services.
As an online service, ClassTrack may periodically be unavailable as we perform regular (and emergency) maintenance and upgrades. Where reasonably possible, these activities shall be notified to you in advance. ClassTrack makes no warranty, guarantee or representation as to, and accepts no liability for, the availability or suitability of the Website and/or the ClassTrack Services.
The Student is solely responsible for validating the interoperability and proper functioning of the ClassTrack tools.
In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why the Student may be unable to successfully validate and access the Services or the Tutoring Services.
ClassTrack uses all reasonable endeavors to make the Services available to all and where this is not possible for any reason whatsoever, ClassTrack shall not be responsible nor liable to the Student as a result including for any act or omission on your part relating to the Student’s inability to access the Services or the Tutoring Services in whole or in part including but not limited to:
a) resultant feedback (echos), audio break-ups, video or sound delays;
b) failure to use and configure the prescribed headset and microphone;
c) failure to at least meet the minimum system requirements.
Regarding the live tutoring Services, the Student acknowledges and accepts that from time to time, they may experience entire or partial failure of their video during an lesson due to fluctuations or insufficient bandwidth and under such circumstances, the Student agrees that the lesson shall continue without video and confirms that this is acceptable to them in all circumstances.
For the avoidance of doubt, the Student will not receive a full or partial refund for bandwidth-related interferences from the Tutor.
When using the Website (including the Blogs):
● Students may link to specific URLs (Website addresses) in contributions where these provide relevant and appropriate background reading or information. However, Students must not link to advertising or websites that might cause offense to other Students. Please note that any post containing a URL will be subject to review and moderation as needed;
● The Student represents that any contribution they make to the Blogs will comply with the standards set out above, and they will be liable to us and be responsible for any loss or damage ClassTrack suffers as a result of their breach of this representation.
● For the Student’s safety we advise that they never reveal any personal information about themselves or anyone else on the Blogs (for example: full name, telephone number, home address or email address).
● While the administrators and moderators of the Blogs will attempt to remove or edit any generally objectionable material as quickly as practicable, it is not possible for ClassTrack to review every message. Therefore, the Student acknowledges that all posts made to the Blogs express the views and opinions of the author. The views expressed by other Students on our Website do not (necessarily) represent ClassTrack’s views or values.
8. Ratings, Feedbacks and Reviews
ClassTrack may ask the Student to provide a Rating for Tutors, ranged from 1 to 5 stars. The Rating should not be intentionally damaging, offensive or malicious. Ratings provided by the Student will automatically be posted on the website.
Together with the Rating ClassTrack may allow submission of feedback about and by the Student. The Feedback must pertain to the Tutoring Services the Student had at the Tutor in question and should come directly from the Student who availed the Tutoring Service, and not on behalf of someone else. The Student is responsible to ensure the Feedback is accurate and not misleading or providing false information which could have legal ramifications. The Student hereby understands and agrees that ClassTrack has the unrestricted right to or not to post and display the Feedback in any way or form as considered appropriate by ClassTrack. Also, the Student hereby agrees and understands that ClassTrack may collect additional feedback directly from the Tutors or from any third-party. ClassTrack will not entertain any false feedback.
ClassTrack reserves the right to post third-party reviews, such as Google Reviews, Facebook reviews, and reviews submitted by third party partners with whom ClassTrack has contractual relationships.
The Student agree to the long-term storage and publishing of his or her ratings/ opinions / feedback / information made in the forums, during the registration and for a period of at 60 months after the termination of registration with ClassTrack.
The Student also indemnifies and agree to hold harmless ClassTrack and its shareholders, officers, directors, employees and affiliates from and against all and any claims, damages, costs, suits, judgments, decrees, loss of profit, business and/or goodwill and expenses (including reasonable legal fees), based upon, relating to, or arising out of a posting and displaying of such Ratings, Feedbacks or Reviews collected as per the specification of this clause.
9. Submitted Content
The Student is solely responsible for Student Data provided on the Website or through other means of communication and this is provided at the Student’s own risk. ClassTrack disclaims any liability, responsibility for any Student Data provided by the Student.
ClassTrack reserves the right to post third party reviews, such as Google Reviews, Facebook reviews, and reviews submitted by third party partners with whom ClassTrack has contractual relationships.
Students may submit, and ClassTrack may, but is not obliged, accept Certain testimonials from Students, hereinafter referred to as “Feedback”. The Feedback will be submitted to ClassTrack, which will verify it and which reserves the right to censor it for educational information, post or not post it on the Website. The feedback may be used for internal purposes but could also be used publicly on the Website. ClassTrack will not entertain any false Feedback.
The Feedback must pertain to the Tutoring Services the Student had at the Tutor in question or other third-party Services and should come directly from the Student who availed the Tutoring Service themselves and not on behalf of someone else. The Student is responsible to ensure the Feedback is accurate and not misleading or providing false information which could have legal ramifications. The Feedback should not include any contact information within the review and should not mention and staff members by name.
10. Restricted Uses
You agree not to use the Services or Website in any unlawful, infringing, tortuous or harmful manner; in any way that violates another party's intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
Without limiting any of the foregoing, the Student agrees that they shall not (and agree not to allow any third party to):
● to make any fraudulent applications;
● for any purpose that is unlawful, illegal or forbidden by law or to promote or advocate any illegal activity including but not limited to copyright infringement or computer misuse;
● to remove any copyright and other proprietary notices contained in any content on the Website;
● to conduct any activity that is harmful or detrimental to the Website as solely determined by ClassTrack;
● to post any information, images or content that is obscene, sexually explicit or contains nudity, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction;
● to falsely represent themselves as another person, if that is not the case;
● to change the content in any capacity or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
● to transfer the content to any other person unless you give such person notice of, and such person agrees to accept, the obligations arising under these Terms;
● to copy, modify, create a derivative work from, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sub-license or otherwise transfer any right in the Services;
● to use any intellectual property of Yii2Developers without prior written permission of ClassTrack or to Infringe any copyright, trade mark or data base right, any other proprietary rights of any other person or Student;
● to use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site;
● to engage in denial of service attacks upon the servers that publish this Website;
● to harass or Cyber stalk any Student or Tutor, threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
● to promote or incite any violence;
● to promote or provoke any discrimination (including but not limited to that which is based on race, sex, religion, nationality, disability, sexual orientation or age);
● to breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
● Register more than one account or create any alternative accounts;
● Engage in any activity that in ClassTrack’s opinion could be harmful to the health or wellbeing of another Student or Tutor;
● Advertise or promote products or Services on the Website or use the site for any commercial purpose.
The Student also agrees not to:
● Access or retrieve any Content or portion of the Website and/or the Services for purposes of constructing or populating a searchable database of reviews or other Content related to the educational industry or Tutors;
● Fraudulently or intentionally misuse the Services, including without limitation scheduling an appointment with a Tutor which you do not intend to keep; and
● Create multiple Student accounts, book appointments or submit information or content by automated means or under false or fraudulent pretenses.
11. Suspension and Termination of Account or Access to Website/Services
ClassTrack will determine, at its discretion, whether there has been a breach of the Terms & Conditions through the Student’s use of the Website. In ClassTrack’s view, when a breach of these terms has taken place, then ClassTrack may take such action as deemed appropriate, which may include any or all of the following actions:
● Temporary suspension or permanent withdrawal of the Student’s right to use the Website.
● Temporary or permanent removal of any posting or material uploaded by the Student to the Website.
● Issuing a warning to the Student.
● Legal proceedings against the Student for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
● Further legal action against the Student or the Parent.
● Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
12. Representations by the Student
The Students hereby acknowledge, undertake, agree and warrant the following:
● ClassTrack is a Platform - ClassTrack will not refer or suggest to Students any prevalent or specific Tutor, instead will provide complete and impartial information about the relevant Tutors, such as locations, accreditations, number of beds, specializations etc. The information presented on the Website or forwarded to the Students is provided by the Tutors and the Website does not constitute and should not be considered as an endorsement or recommendation of the quality, qualifications or service level of any Tutor. ClassTrack does not provide any Tutoring Services of any nature. Students are requested to consult with their educational professional before pursuing any form of Tutoring Services.
ClassTrack enables Students to search for Tutors and facilitates communication between the Tutor(s) and the Students. Each Student should use the resources and facilities available to conduct their own research and comprehensive due diligence of any Tutor and/or its Tutoring Services, prior to availing the Tutoring Services. If the Student elects to proceed for Tutoring Services from a Tutor, ClassTrack does not assume any responsibility, obligations or liabilities by the Student undergoing the Tutoring Services from the Tutor.
The cost of Tutoring Services is predefined and confirmed by every Tutor. ClassTrack’s scope is to facilitate Students to get information, use Tutor’s Services and contact Tutors where needed.
● The Website may show you sponsored results on the Website, including at the top of search results (“Sponsored Results”). ClassTrack receives additional fees from Tutors or educational organizations for providing Sponsored Results. Sponsored Results shown through the Website are not, and should not be considered, an endorsement or recommendation by ClassTrack of the Tutor.
● ClassTrack does not provide educational advice - The Content that the Student obtains or receive from ClassTrack, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only.
WHILE CLASSTRACK HOPES THE CONTENT IS USEFUL IN THE STUDENT’S EDUCATIONAL JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL EDUCATION THAT IS PROVIDED BY LAW. NO STUDENT SHOULD DISREGARD, AVOID OR DELAY PURSUING THEIR EDUCATION FROM A QUALIFIED EDUCATIONAL PROFESSIONAL, UNDER ANY CIRCUMSTANCE. THE STUDENT’S USE OF THE SERVICES AND TUTORING SERVICES IS SOLELY AT THEIR OWN RISK.
13. Links to Third Parties
As a matter of convenience to you, ClassTrack may provide links to various third-party Websites on the Website. If you use any of these external Websites, you may be directed/redirected to such external Website and may leave the Website. If you decide to visit any such external link, you agree to do so at your own risk, responsibility and liability. ClassTrack makes no warranty or representation regarding, and does not endorse, any Website linked to the Website or the information appearing thereon or any of the products or Services described thereon. ClassTrack does not endorse or represent any service Tutor listed on the Website. Please carefully review the terms of service and privacy policies of all such sites prior to usage.
14. Our Partners
ClassTrack may partner with various third parties for the provision of Tutoring Services and other Services.
Please carefully review the Terms of Service and Privacy Policies of all such sites prior to usage. You assume the risk of any usage of such third-party sites. ClassTrack will not directly provide any third-party Service, instead it enables the Student in easily obtaining the respective Service carried with the third-party Tutor. Any purchase made by the Student for a third-party Service will be concluded directly with the third-party Tutor. Any queries or claims regarding the third-party Service(s) should be addressed directly towards the third-party Tutor. The list of the third-party Services Providers on the Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any third-party Tutor.
Any display of third-party Services offered through the Website does not in any way imply, suggest, or constitute any reputation, sponsorship or approval of ClassTrack by any such third parties. ClassTrack's display of specific options does not suggest any recommendation or endorsement by ClassTrack of the third-party Services. You agree that ClassTrack is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties and which may be posted on the Website and as may be amended from time to time. Your interaction with any third party accessed through the Website is at your own risk, and ClassTrack will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with such third parties or availing any Services from such third parties.
15. Warranty Disclaimer
The Website and Services provided on the Website are provided on an "AS IS" and "AS AVAILABLE" basis. ClassTrack expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
ClassTrack makes no warranty, and expressly disclaims any obligation, that:
a) the Website content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances;
b) the Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis;
c) the results that may be obtained from the use of the Website or Services offered through the Website will be accurate or reliable; or
d) the quality of any products, Services, information, or other material obtained by you through the Website will meet your expectations.
The Website content may contain inaccuracies and typographical errors. ClassTrack does not warrant the accuracy or completeness of any such content or the reliability of any advice, opinion, advertisement, statement, memorandum, or other information displayed or distributed through the Website.
You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. ClassTrack does not endorse or represent any partner or service provider listed on this Website.
We are not responsible for the claims of any advertisements that appear on our site.
ClassTrack makes no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction. Do not use this site if such usage violates the law of the jurisdiction in which you reside.
You agree to assume all responsibility regarding whatever decision you make about obtaining Tutoring Service and other Services and you agree to hold us harmless from any claims arising from the Services you receive from any Tutors or other Tutors regardless of your location when you receive such a consultation.
We reserve the right but are not obligated, to limit access to our Services to any entity, on any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Services and investments are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any service at any time.
16. 16. Service Level Covenant
The purpose of this section is to provide an agreement between us and the Student as to what constitutes acceptable service in quantifiable and measurable terms. It documents the mutually service objectives, how those objectives will be measured, and the schedule of distribution for the measurements. The intent of this Service Level Covenant is to ensure the proper understanding and commitments are in place for effective support, measurement and resource planning in the provision of the Services.
16.2. Platform quality:
ClassTrack will make reasonable efforts to ensure that the Platform is running uninterrupted, excluding reasonable downtime periods required for maintenance, upgrades and security modifications as performed by ClassTrack and its data center and hosting providers. The Company will attempt to notify the Student prior to any scheduled maintenance, security or upgrade work performed or its network, hosting or storage providers.
We will apply appropriate process and practices in order to deliver high quality SaaS Services to the Student, containing as few defects as is practical. Defects can include the following:
● Software bugs (e.g. errors or faults in source code or design that cause an application to produce an unexpected result).
● Software that is made up of working code but does not meet the initial requirements described in the functional specifications.
16.3. Our responsibilities:
● We will provide the Services and support as defined in this document.
● We will deal with your requests in a consistent and fair manner.
● We will communicate honestly and openly with you about the progress of our Services.
16.4. Your Obligations:
● You will follow the guidance contained or referenced in our Services and use our Services in the way intended.
● You or someone on your behalf will provide us with timely and good quality information with which to service your request when required.
17. Limitation of Liability
CLASSTRACK (INCLUDING ITS STAKEHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PARTNERS AND PROVIDERS) WILL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY INJURY, DEATH, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE), OR (II) ANY USE OF THE WEBSITE OR CONTENT, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY CLASSTRACK OR ANY TUTOR, EVEN IF CLASSTRACK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY, OR (B) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT THE STUDENT’S COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF THEIR ACCESS TO THE WEBSITE OR THEIR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE.
ClassTrack cannot be made liable or responsible for any delay, default, failure, improper Services / deficiency in service(s), and/or for any injury, sickness, accident, discomfort, death, loss or damage of any kind whatsoever which may arise due to any act of negligence, deficiency or default in service, of the management or employees of the Tutors and of any other third-party service providers.
The Student hereby agrees to defend, indemnify and hold harmless ClassTrack (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
19. Additional Terms and Conditions
1) The Student may not assign or otherwise transfer their rights or obligations under these Terms. ClassTrack may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to you. If we fail to act on your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
2) Usage of the Website following the posting of notice of any modification will be subject the Terms in effect at the time of your usage. If the Student objects to these Terms or any subsequent modifications to these Terms or become dissatisfied with the Website in any way, their only recourse is to immediately terminate use of the Website and/or the Services.
3) If any of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will continue to remain valid and enforceable.
4) These Terms, together with those agreements and policies made a part of these Terms by reference, make up the entire agreement between ClassTrack and the Student relating to their use of the Website, and replace any prior understandings or agreements (whether oral or written) regarding their use of the Website.
5) The failure of any party to enforce at any time any of the provisions of this agreement shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.
6) The laws of Canada, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If the Student takes any legal action relating to their use of the Website or these Terms, they agree to file such action only in the Courts of Canada.
7) ClassTrack is entitled to use the information, inquiries and communications (e.g. to and with Tutors) provided by the Student for ClassTrack’s business provided that this use shall comply with the applicable data protection regulations.
8) The Student acknowledges that they have read and have understood these Terms, and that these Terms have the same force and effect as a signed agreement.
If any clause, sentence, paragraph or part of this agreement, or the application thereof to any person, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall be limited and confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy and remainder of this agreement will continue in full force or effect.
21. Governing Law
Canada is ClassTrack’s country of residence and the governing law is the local law. The Terms and Conditions have been construed in accordance with and shall be governed by the Law prevalent in the courts of Canada. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in Canada.
Headings and titles in this agreement are for reference purposes only and do not constitute part of this agreement and are of no legal force and effect.
23. Force Majeure
ClassTrack shall not be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, pandemics acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party Services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. ClassTrack is not responsible for server downtime under any circumstances.