Last Revised: 25/11/2016
PLEASE NOTE :
If you are under 13 years old, you are not permitted to use the Teech App or any other portion of the Service unless explicitly given permission by your parent or guardian and supervised by them while using the service. If you are 13 years of age or older, but not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent or guardian to read these terms and agree to them for you, before you use Teech or provide any information to us. Please review these Terms with your parent or guardian so that you both understand how Teech works and what restrictions apply to your use of our mobile application, websites and services.
The Teech service
The following will detail some rules you need to agree to before you use our mobile application, websites and services. These Terms of Service (“Terms”) are an agreement between Teech App Ltd., a private limited company (“Teech”, “us” or “we”), the owner and operator of http://www.teech.com and any subdomain of teech.com (the “Teech Sites”), the Teech mobile applications, the Teech software, including Teech (collectively, including all content provided by Teech through Teech and the Teech Sites, the Teech apps, or the “Teech Service”, the “Service”), and you (“you” or “You”), a user of the Service.
If you choose to not agree with these Terms, you are not permitted to use the Service.
Through our Service, we enable people (“Students”) to connect with subject matter Teechers (“Teechers”) who provide explanations to problems, grading of problems, practice problems, 1:1 video call between Students and Teechers, and other educational and knowledge services. We do not endorse or make any representations or warranties regarding the skills or knowledge of Teechers.
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Service and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use. As an online and mobile service, Teech may periodically be unavailable as we perform regular maintenance and upgrades.
Changes to the terms of Service
We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Service or updating the “Last Updated” date above. Your continued use of the Service 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 Service.
Use of Other Websites
These Terms apply to all users of the Service. The Service, including information provided by our users through the Service, may contain links to third party websites that are not owned or controlled by Teech. Teech has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Service, you expressly acknowledge and agree that Teech shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
In order to use the Service, you may be required to register for an account with Teech (“Teech Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable laws. Teech may suspend or terminate your Teech Account for any breach of these Terms or for any other reason in Teech’s sole discretion. You are solely responsible for selecting an appropriate name and for any and all disclosures you make of your full name to others, including any selection or disclosure that makes you personally identifiable. You are responsible for maintaining the confidentiality of your Teech Account login username and password (the “Login Information”) and are fully responsible for all activities that occur under your Teech Account. You agree to immediately notify Teech of any unauthorized use, or suspected unauthorized use, of your Teech Account, Login Information or any other breach of security. Teech will have the right, but not the obligation, to deactivate any Teech Account identified in such a notification. Teech cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us, the Site, the Teechers or any other part of the Service by any means (“User Content”) will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future Services. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the “fair use” doctrine or other provision of applicable copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and that your instruction to our system to display a page or problem from your textbook is made for the sole purpose of facilitating your use of the Service, and that such use is permitted under the “fair use” doctrine or other provision of applicable copyright law.
You agree that we may record all or any part of your use of the Service (including chat and voice communications) for quality control and other purposes. We reserve the right, but are not required, to review your use of the Service for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of your use of the Service and all comments that you may provide to us on or through the Service or any other means, such as as a part of user satisfaction or other similar surveys, and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.
You shall be solely responsible for, and assume all liability regarding your own User Content, the consequences of posting or publishing it, and your interaction with other users through the Service.
Teech does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Teech expressly disclaims any and all liability in connection with User Content. Teech reserves the right to remove User Content without prior notice. You agree that you will treat the Teechers with respect and not use obscenities, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not disclose any information to an Teecher that could be considered personally identifiable information including your full name, address, telephone number, email address, social security number, password or any other information that could be used to identify or locate you. A violation of this agreement may lead to a suspension or termination of your account. Similarly, you agree that you will not solicit any such information from any Teecher, and agree that if any Teecher ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing.
You acknowledge that Teech may or may not pre-screen User Content, but that Teech and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Service. Without limiting the foregoing, Teech and its designees shall have the right to remove any User Content that violates these Terms or that Teech considers to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
Teech does not allow, and you agree not to use this Service to:
We reserve the right to remove any material or terminate the Teech Account of any person we determine violates any of these Terms.
Notwithstanding the foregoing, Teech is not required to host, index, or display any User Content uploaded or otherwise provided to Teech, and may remove or refuse to host, index or display any User Content. Teech is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to the User Content.
Teech takes fraud seriously. Any individual engaging in fraudulent activity will be banned from the Service, and may lose any Credit or payment balance. In addition, to the extent permitted by law, Teech may provide information regarding fraud to law enforcement agencies.
If you provide Teech with any comments or suggestions related in any way to the Service or to Teech, including within any support inquiries (collectively, “Feedback”), you hereby assign to Teech all rights in the Feedback and agree that Teech will have the right to use such Feedback in any manner it deems appropriate. Teech may treat any Feedback you provide to Teech as non-confidential and non-proprietary. You agree that you will not submit to Teech any information or ideas that you consider to be confidential or proprietary or that you do not have the right to submit in accordance with these Terms.
Teech does not make any representations or warranties concerning any content contained in or accessing through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from Teech or others. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY AND ALL PARTS THEREOF ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.THIS INCLUDES CALLS THAT MAY CRASH OR BE INTERRUPTED FOR TECHNICAL, OR OTHER, REASONS OF ANY KIND. TEECH IS ALSO IN NO WAY LIABLE FOR FALSE OR MISLEADING ANSWERS FROVIDED BY TEECHERS AND MAKES NO WARRANTY AS TO THE QUALITY OR FACTUAL CORRECTNESS OF THE CONTENT PROVIDED BY TEECHERS. TEECH ALSO IN NO WAY GUARANTEES A CALL BACK FROM A TEECHER AFTER A QUESTION HAS BEEN ASKED.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Teech BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY DAMAGES OF ANY AMOUNT.
Teech is in no respect responsible nor liable for the conduct of Teechers during or outside of sessions. Similarly Teech is in no way responsible nor liable for the conduct of Teech users, Students, during or outside of sessions.
You agree to indemnify and hold Teech, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your Teech Account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your Teech Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Teech Account, in any way (by operation of law or otherwise) without Teech’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations with or without consent.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the law of England and Wales, without regard to the conflicts of laws provisions thereof.
Teech reserves the right, in its sole discretion, to terminate your access to the Service or to any part of the Service, with or without notice.
Additional Terms for Students
Any fees that Teech may charge Students for the Service, are due immediately and payments are final and non-refundable unless Teech determines in its sole discretion that a refund is appropriate. Teech reserves the right to determine the then-current pricing. The payment gateway in the app will reflect the then-current pricing, however, please note the pricing information published on the website or app may not reflect the then-current pricing.
Minutes, Credits, or other items purchased through Teech will expire within one year from purchase date unless such longer period of time is required by law. Monthly subscriptions will automatically be debited from the Student’s registered account and card on a rolling basis, unless explicitly requested to be stopped by the student or decided by Teech. In the event in which a student goes over the call time allowed in their subscription, they will be charged a fixed hourly rate.
Basic Plan: when going over the call time allowed under the basic plan users will be charged a rate of £45 per hour for any additional minutes.
Standard Plan: when going over the call time allowed under the standard plan users will be charged a rate of £30 per hour for any additional minutes.
Premium Plan: when going over the call time allowed under the fair use policy of the premium plan users will be charged a rate of £45 per hour for any additional minutes. The fair use policy of the premium plan is set at 4 hours, meaning that minutes beyond 4 hours per month spent in call time will be charged at that rate of £20 per hour. By subscribing to the Premium Plan users agree to this policy of fair use.
Purchasing one first month of subscription means the student consents to this type of charging on a rolling basis, for subsequent months. Months of subscription are non refundable and any request for cancellation which only take effect as of the payment following the request. Any transaction that has taken place is final unless decided otherwise by Teech, at Teech’s discretion. Teech also reserves the right to change the pricing of subscriptions at any point in time and will notify subscribers when it does so. Unless subscribers explicitly request to cancel their subscription they will automatically be charged the new fee for the monthly subscription on the same rolling basis as described above.
Subscriptions will be automatically renewed unless auto-renew is turned off at least 24-hours before the end of the current period. Moreover, the account will be charged for renewal within 24-hours prior to the end of the current period at the rate corresponding to the subscription tier. Finally, please note that subscriptions may be managed and auto-renewal may be turned off by the student by going to Account Settings after purchase.
In the pay as you go model students are given a certain amount of free credit. The amount of free credit (equivalent to time during sessions that is not charged) given is entirely at the discretion of Teech (and may be nul), and may be changed at any time. Once the Student has entered their card details they expressly consent to being charged automatically at the end of every session, according to the rate decided by Teech. By entering their card details students also accept to be charged any extra time spent during their first session beyond the amount of time covered by the free credit. Sessions are non refundable and any transaction that has taken place is final unless decided otherwise by Teech, at Teech’s discretion. The minimum session cost is 1.50£.
Teech, in its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Teech may change the fees for our Service, as we deem necessary for our business. We encourage you to check back on our mobile app and at our website periodically if you are interested about how we charge for the Service.
Teechers are independent contractors, and are not employees of Teech App Ltd.. or other companies associated with Teech. Teechers are responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with their activity in connection with the Service.
As a Teecher you will receive financial contribution for your work, although the rate of this is determined by Teech and may change at any point.
We typically pay Teechers twice a month, but reserve the right to alter this as needed. Payment is typically made in pounds sterling but may be made in other currencies.
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Teech agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Teech, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be approved of by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Teech in any respect whatsoever. Except as expressly set forth in the terms of an applicable platform provider (for example, Apple or Google), you and Teech agree there are no third party beneficiaries under these Terms.
All payment processing, other than in connection with Apple-Enabled Software (as defined below), occurs directly through the Service using Stripe, a third party payment processing service.
Apple-Enabled Software Applications
Teech offers software applications that are intended to be operated in connection with products made commercially available by Apple, Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Teech and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
If you have any questions regarding the Service, please contact us at [email protected]