Terms and Conditions

Acceptance of Terms and Conditions of Use

These terms and conditions of use for MYTUTORPOD INC. constitute a legal agreement and are entered into by and between “User” “You” or “Your” means a person, organization or entity using the Services, including Parents and Teachers, and MYTUTORPOD INC (“MYTUTORPOD,” “Company,” “we,” “us,” “our“). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively), these “Terms and Conditions“), govern your access to and use, including any content, functionality, and services offered on or through website (www.mytutorpod.com) and mobile app (collectively “Sites”).

BY USING MYTUTORPOD OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT https://mytutorpod.com/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE MYTUTORPOD.

By using MYTUTOROD, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use MYTUTORPOD.

Key Terms

“User” “you” or “your” means a person, organization or entity using the Services, including Parents, Teachers.

“Parent(s)” means a parent or legal guardian who completes MYTUTORPOD’s account registration process to purchase Classes for the purpose of enrolling their child .

“Teacher(s)” means a person who completes MYTUTORPOD’s account registration process, or an organization that executes an agreement with MYTUTORPOD to provide Classes on the Site.

“Class(es)” means any online class(es) submitted by a teacher on the site.

Modifications to the Terms and Conditions

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of MYTUTORPOD. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on MYTUTORPOD, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Your Use and Account Set-Up and Security

We are an EdTech company dedicated to providing personalized one-on-one tutoring services through an innovative online video conferencing platform that will help learners in various subject areas. MyTutorPod operates using innovative, state-of-the-art Enterprise Resource Planning (ERP) software, which serves as a centralized system that encompasses all essential aspects of online teaching using just one platform. MYTUTORPOD classes are powered by video conferencing platforms including Zoom and others.

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Safety and Security: The safety and security of your information also depends on you. Users are responsible for obtaining their own access to MYTUTORPOD. Users are required to ensure that all persons who access MYTUTORPOD through a user’s internet connection are aware of these Terms and Conditions and comply with them. MYTUTORPOD, including content, may require user registration. It is a condition of your use of the MYTUTORPOD that all the information you provide to MYTUTORPOD is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to MYTUTORPOD. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on MYTUTORPOD.

Your provision of registration information and any submissions you make to MYTUTORPOD through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and other such functions constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://mytutorpod.com/privacy-policy/

Password and Security: Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

Recordings: Classes, meetings, chats, sms, calls held through video conferencing platform and MYTUTORPOD’s online portal on www.mytutorpod.com are recorded automatically. We appreciate learner and teacher privacy; thus, we use recordings sparingly. Recordings, in particular, are made available only to the Teacher teaching the Class in question, in order for them to (1) provide a viewable copy to learners who missed the Class or who wish to review the Class for personal educational purposes; and (2) personally review the recording in order to improve their Classes. Please keep in mind that in certain circumstances, a teacher is really an organization, group, or team of teachers. In such cases, the organization may have access to class recordings, and access is not necessarily limited to a single particular instructor. MYTUTORPOD may also use recordings to provide feedback to Teachers, develop our Services, provide customer support, and for compliance purposes. MYTUTORPOD may also delete recordings in the following circumstances: (a) at a Parent’s request for the deletion of their child’s personally identifiable information, or (b) at MYTUTORPOD’s reasonable determination that a recording should be removed to protect the privacy of certain Users or due to violations of these Terms of Service. Without your prior written approval, we will not utilize recordings including photos of you (or your children) for promotional or other reasons. By using the services, you consent to you and/or your child appearing in Class Recordings, meetings, chats, sms and calls for the limited purposes set forth above.

You are prohibited from attempting to circumvent and from violating the security of the site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting site owner’s ability to monitor the site; (f) using any robot, spider, or other automatic device, process, or means to access the site for any purpose, including monitoring or copying any of the material on the site; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the site.

Certain Teacher Obligations

Community Standards: You agree to obey our policies, including our community standards (Insert link to community standards), when you join the MYTUTORPOD community. These standards include communicating thoughtfully and professionally with our community (colleagues, parents, and children), modeling proper conduct for our learners, and acting professionally. Furthermore, you promise to utilize social media, blogs, and other online forums appropriately. Inappropriate behavior in any online forum includes, but is not limited to, posting online or speaking to the media on MYTUTORPOD’s behalf without prior written authorization from MYTUTORPOD; posts that MYTUTORPOD, in its sole discretion, finds offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; postings that may be detrimental to MYTUTORPOD’s continued business operations; sharing anything that includes or supports hate speech, threats of violence, or child endangerment; and any other violation of MYTUTORPOD’s community standards.

Learner Safety: Any suspected incidence of child abuse or neglect that a teacher becomes aware of while working with a MYTUTORPOD Learner must be reported to MYTUTORPOD. MYTUTORPOD defines “abuse or neglect” as “any recent act or failure to act on the part of a parent or caretaker, resulting in emotional injury, abuse or exploitation”; or “any act or failure to act, presenting an imminent danger of serious harm.” MYTUTORPOD expects all teachers to fulfill their specific reporting obligations. MYTUTORPOD may report suspected cases of abuse or neglect as it considers necessary.

Intellectual Property Rights and Ownership

You understand and agree that the MYTUTORPOD and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, the Company Trademarks, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on MYTUTORPOD are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use MYTUTORPOD for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on MYTUTORPOD, in any form or medium whatsoever except:

(a)your computer and browser may temporarily store, or cache copies of materials being accessed and viewed.

(b)a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and

(c)one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user license agreement for such downloads.

Users are not permitted to modify copies of any materials from the site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of site or any services or materials available through the site.

If you print off, copy, or download any part of site in breach of these Terms and Conditions, your right to use MYTUTORPOD will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to MYTUTORPOD or to any content on the site, and all rights not expressly granted are reserved by the Company. Any use of MYTUTORPOD not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use, you agree that you may use MYTUTORPOD only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to MYTUTORPOD, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of MYTUTORPOD and any User Submissions shall not:

(a)In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at https://mytutorpod.com/privacy-policy.

(b)In any manner violate the terms of use of any third-party website that is linked to MYTUTORPOD, including but not limited to, any third-party social media website.

(c)Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit, or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion.

(d)Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.

(e)Involve, provide, or contribute any false, inaccurate, or misleading information.

(f)Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and Site Content Standards.

(g)Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

(h)Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

(i)Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of MYTUTORPOD, or which, as determined by us, may harm the Company or users of MYTUTORPOD or expose them to liability.

(j)Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

(k)Promote any illegal activity, or advocate, promote, or assist any unlawful act.

(l)Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.

User Submissions: Grant of License

MYTUTORPOD may contain Interactive Functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to MYTUTORPOD will be subject to any confidentiality by the Company. By providing any User Submission to MYTUTORPOD, you grant us and (our affiliates and service providers, and each of their) and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our (respective) licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not the Company (nor Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors), are responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

Site Monitoring and Enforcement, Suspension, and Termination

Company has the right, without provision of notice to:

  • Remove or refuse to post on MYTUTORPOD any User Submissions for any or no reason in our sole discretion.
  • At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website and User Submissions and Site Content Standards or Terms and Conditions.
  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of MYTUTORPOD. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through MYTUTORPOD.
  • Terminate or suspend your access to all or part of MYTUTORPOD for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor MYTUTORPOD or its use, and do not and cannot undertake to review material that you or other users submit to MYTUTORPOD. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

No Reliance 

The content on our site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date. Your use of the site is at your own risk and (neither) the Company (nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successor) have any responsibility or liability whatsoever for your use of site.

The site may include(s) content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. The Company/Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Privacy

By submitting your personal information and using MYTUTORPOD, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at https://mytutorpod.com/privacy-policy as we deem necessary for use of MYTUTORPOD and provision of services.

By using MYTUTORPOD you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see https://mytutorpod.com/privacy-policy

Third-Party Websites

For your convenience, MYTUTORPOD may provide links or pointers to third-party websites. We make no representations about any other websites that may be accessed from MYTUTORPOD. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from MYTUTORPOD may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from MYTUTORPOD. You may only use these features when they are provided by us and solely with respect to the content identified.

MYTUTORPOD must not be framed on any other website, nor may you create a link to any part of MYTUTORPOD other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Geographic Restrictions

MYTUTORPOD is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada and US, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE MYTUTORPOD, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. MYTUTORPOD, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH MYTUTORPOD ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT MYTUTORPOD, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of MYTUTORPOD, including, but not limited to, your User Submissions, third-party sites, any use of MYTUTORPOD’s content, services, and products other than as expressly authorized in these Terms and Conditions.

Governing Law and Choice of Forum

MYTUTORPOD and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to the site and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver 

Except as otherwise set forth in this Agreement, no/No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The privacy policy and Terms and Conditions with Community Standards constitute the sole and entire agreement between you and MYTUTORPOD, INC regarding the site and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

COPYRIGHT and COPYRIGHT Notices

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the site infringe your copyright, you may request a notice of claimed infringement, so that we send a notice to the alleged infringer by submitting written notification to our Copyright Agent (designated below). The written notice (the “Notice”) must include following:

  • Your name and address, and any other particulars prescribed by regulation that enable communication with the claimant that we may advise you from time to time.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the site, a representative list of such works.
  • A statement describing your interest or right with respect to the copyright in the work or other subject matter.
  • Identification of the location of material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (e.g., a link to the infringing material).
  • Description of the infringement that is claimed.
  • A statement specifying the date and time of the alleged infringement.
  • Any other information that may be prescribed by regulation that we may advise you of from time-to-time.

The Notice may not contain any of the following:

  • An offer to settle the claimed infringement.
  • A request or demand relating to the claimed infringement for payment or for personal information.
  • A reference, including by way of hyperlink, to such an offer, request, or demand.
  • Any other information that may be prescribed by regulation that we may advise you of from time-to-time.

(The “Prohibited Content“).

A Notice containing Prohibited Content will not be considered a valid Notice under this Policy (see Copyright Act, R.S.C., 1985, c. C-42, s. 41.25(3).)

Copyright Agent Contact Information

Please contact Company’s copyright agent for notice of claims of copyright infringement at: copyright@mytutorpod.com

Please be aware that if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and [all/reasonable] legal fees, disbursements, and charges).

Forwarding Notice to Alleged Infringer

If we receive a Notice in the prescribed form, we will, as soon as feasible, forward the Notice electronically to the person to whom the electronic location identified by the location data in the Notice belongs and inform you of our doing so. If, for some reason, it is not possible for us to forward the Notice to such person, we will confirm with you the reasons therefor.

Record Retention

We will retain records of Notices in compliance with our obligations under applicable laws and regulations.

Removal of Materials or Disabling of Accounts

Without limiting any other rights or remedies we may be entitled to under our site Terms and Conditions or otherwise at law, we reserve the right to remove any material or disable or terminate our users’ accounts or take such other actions deemed necessary or appropriate in the circumstances in our sole discretion.

Reporting and Contact

This Website is operated by MYTUTORPOD, INC  325 Front St W #300, Toronto, ON M5V 2Y1, Canada.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner set out therein.

Should you become aware of misuse of the site including libelous or defamatory conduct, you must report it to the Company at info@mytutorpod.com

All other feedback, comments, requests for technical support, and other communications relating to the site should be directed to info@mytutorpod.com

Effective date:13-Feb-2020