VOX365EDU
User Agreement
WELCOME
Welcome to VOX365EDU. The following User Agreement, which includes the Site Policy, is a contractual agreement between you and VOX365EDU (including our corporate subsidiaries). The User Agreement together with the Site Policy is collectively referred to as the “Agreement” and as the “User Agreement.” By visiting or using the services available from the domain and subdomains of ww.vox365edu.com (the “Site”), you are agreeing to be legally bound by the Agreement. We suggest that you consult the User Agreement and the linked information regularly for updates. We reserve the right to revise the User Agreement and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
CERTAIN DEFINED TERMS
As used throughout the Agreement: “Member Account” means the VOX365EDU Account you created when you register to become a Member and use the Services. “VOX365EDU Services” means any of the above Services that are delivered by VOX365EDU. “Member” means a person or legal entity that registers for an Account. “Tutor” means a Member that offers and delivers Teaching Services. “Teaching Services” means all Services delivered by Tutors. “VOX365EDU Account” means the account created by the Member to purchase and hold Academic Credits. “VOX365EDU Credits (AC)” means a virtual currency purchased on VOX365EDU to pay for VOX365EDU Services. “Student” means a Member that investigates and purchases Teaching Services. “User” means (a) a person who is a Member, using the Site on his or her own behalf, or (b) a person who is using the Site on behalf of a Member that is a company or organization. “Visitor” means a person who is only visiting the Site, not a Member or User.
GENERAL
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. VOX365EDU will not be considered to have modified or waived any of our rights or remedies under the User Agreement unless the modification or waiver is in writing and signed by an authorized representative of VOX365EDU. No delay or omission by VOX365EDU in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of the User Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Except for the payment of fees to VOX365EDU, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
ABOUT VOX365EDU
VOX365EDU makes the Site available as an Online Training Platform where Members, both Students and Tutors (as such terms are defined above), can locate and collaborate with each other and take advantage of the following Services (collectively, the “Services“):
Connection Services. The Site is also a platform where: (a) Members may upload information related to teaching and learning (b) Members conduct searches and locate, connect with, choose, and engage each other for the purposes of learning (c) Students conduct searches and locate, connect with, choose, and engage Tutors directly for education instruction; and (d) Tutors advertise their capabilities, respond to inquiries, and locate, connect with and engage to provide their Services directly to Students. In providing the Connection Services, VOX365EDU only provides the platform for Students and Tutors to find and contact with each other. See the Site Policies for further descriptions of Connection Services.
Transaction Services. The Site is also a platform where VOX365EDU provides Students and Tutors certain collaboration, feedback, credit purchase and payment tools, dispute resolution process and dispute assistance, and other Services (collectively, “Transaction Services“). Transaction Services do not mean Connection Services. See VOX365EDU Account Service Terms and Conditions, and Dispute Resolution Policy for further descriptions of Transaction Services.
For as long as VOX365EDU continues to offer the Services, VOX365EDU shall provide (and seek to update, improve and expand, in similar and different new ways) the Site and the Services which VOX365EDU may update, improve, discontinue and change at any time, at VOX365EDU’s sole discretion.
MEMBERSHIP ELIGIBILITY
Our Services are available only to legal entities and individuals who can form legally binding contracts. To register for an Account with VOX365EDU and become a Member, you must accept all of the terms and conditions in, and linked to, the User Agreement. VOX365EDU reserves the rights in its sole discretion to refuse, suspend, or terminate service to anyone.
YOUR ACCOUNT
To become a Member and use the Services available from the Site you must register for an ” Account “. You must provide true, accurate and complete information as prompted by the registration form, and update such information to maintain its authenticity, accuracy and completeness. You must safeguard the userID and password you use to access this Site. We may rely on any use of the Site with your user ID and password as authorized by you. You must not register for more than one Account.
VOX365EDU retains the rights to examine all users’ profile photos and other photos, and reserve the rights to delete or change any photo that does not meet our requirements.
FEES
You agree to pay all fees applicable to your use of the VOX365EDU Services, and you agree not to circumvent VOX365EDU’s fee structure, all in accordance with the Site Policies, and the VOX365EDU Account Service Terms and Conditions.
LEGAL RELATIONSHIPS
VOX365EDU Provides the Platform
VOX365EDU makes the Site available as an online platform where Members locate and connect with each other and take advantage of the Services. VOX365EDU is not fully responsible in the dealing and contracting between Students and Tutors, or in the Tutors’ delivery of Instruction Services to Students. VOX365EDU has no control over and does not guarantee the quality, safety or legality of Instruction Services advertised, the truth or accuracy of listings, the qualifications, background, or abilities of Members, the ability of Tutors to deliver Teaching Services, the ability of Students to pay for Teaching Services, or that a Student or a Tutor can or will actually complete a transaction.
Performance of User Agreement
Upon confirmation of session time and price by both the Student and the Tutor, the Student agrees to purchase, and the Tutor agrees to deliver, the Teaching Services in accordance with the User Agreement. User agrees not to enter into any contractual provisions in conflict with the User Agreement. The Student and Tutor each covenants and agrees to act with good faith and fair dealing in performance of the Agreement. Furthermore, the Student and Tutor each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of the foregoing covenants and agreements. The Student and the Tutor therefore agree that VOX365EDU has the rights to take such actions with respect to the Agreement, including without limitation suspension, termination, or legal actions, as VOX365EDU in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.
Taxes, Reporting and Legal Responsibilities
Each Member is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation to those applicable to the purchase and sale of Services from and by independent contractors.
Third Party Content, Verification and Monitoring
VOX365EDU has no editorial control over content provided by third parties. VOX365EDU is not responsible for and does not monitor content for accuracy or reliability. Any opinions, advice, statements, Services, offers or other information or content expressed or made available by third parties, including Members, are those of the respective author(s) or distributor(s) and not of VOX365EDU. VOX365EDU neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorized VOX365EDU employees acting in their official capacities. VOX365EDU does not confirm or verify if a Tutor claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the Services or advice being requested.
Links
This Site may contain links to other websites or resources and access and use of certain services offered by third parties, including online communication services such as chat, email and calls and your access and use of those websites, resources or services, including the online communication services, will be governed by the terms and policies of those websites or resources or tutors. These services are owned and operated by the third party tutors and their licensors. You acknowledge and agree that VOX365EDU is not responsible or liable for: (a) the availability or accuracy of such sites or resources; or (b) the content, advertising, or products on or available from such Sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links and these services at your own risk.
No Agency
The User Agreement and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and VOX365EDU, except and solely to the extent expressly stated.
Access and Interference
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of VOX365EDU and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site.
Data
You are responsible for creation, storage, and backup of your records on VOX365EDU. The User Agreement and any registration or subsequent use of this Site will not be construed as creating any responsibility on VOX365EDU’s part to store, backup, retain, or grant access to any information or data for any period.
WARRANTY DISCLAIMER
The Services provided by VOX365EDU or any of our licensors or Tutor sare provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the web site by any third party. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so some of the above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall we or our Tutors be liable to our Members for any special, indirect, consequential, incidental or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages. Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the services provided under this agreement, whether based on contract, tort, negligence or any other theory of liability, exceed in the greater of: (a) $100 or (b) the aggregate amount of service charges actually collected by us from you for the services to which the liability relates during the six (6) month period immediately preceding the determination of such liability. Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
Release
If you have a dispute with another member, you release VOX365EDU (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Indemnity
You agree to defend, hold harmless and indemnify VOX365EDU from and against any and all losses, costs, expenses, damages or other liabilities incurred by VOX365EDU from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against VOX365EDU: (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of Agreement or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Tutor; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Tutor.
Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
INTELLECTUAL PROPERTY
Subject to and conditioned on compliance with the User Agreement, VOX365EDU grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of VOX365EDU or the rights holder, unless such actions have previously been expressly permitted by VOX365EDU or the rights holder for the content in question. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by VOX365EDU.
Reservation of Rights; Limited Licenses
VOX365EDU retains all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The VOX365EDU logo and name are trademarks of VOX365EDU, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated above, nothing in the User Agreement confers any license under any of VOX365EDU’s or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.
NOTICES AND COMMUNICATIONS
Unless otherwise indicated in writing, VOX365EDU will communicate with Users by email or by posting communications on the Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement. You will be considered to have received a communication when VOX365EDU sends it to the email address you have provided to VOX365EDU on this Site, or when VOX365EDU posts such communication on this Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings. If you fail to respond to an email message from VOX365EDU regarding violation, dispute or complaint within two (2) business days, VOX365EDU will have the rights to terminate or suspend your transaction or your registration.
RESOLUTION OF DISPUTES BETWEEN MEMBER AND VOX365EDU
If a dispute arises between you and VOX365EDU, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and VOX365EDU agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the VOX365EDU Services (a “Claim”) in accordance with this section entitled “RESOLUTION OF DISPUTES BETWEEN A MEMBER AND VOX365EDU”. Before resorting to these alternatives, you agree to first contact us directly to seek a resolution.
Law and Forum for Disputes
The User Agreement is governed in all respects by the laws without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against VOX365EDU must be resolved by a court or as described in“Arbitration Option” below. You hereby submit to the personal jurisdiction of the courts for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within thirty (30) days after it arises, or the cause of action is barred.
Arbitration Option
For any claim arising between you and VOX365EDU (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims
Should you file a claim contrary to this section entitled “Resolution of Disputes Between Member and VOX365EDU” VOX365EDU will be entitled to recover attorneys’ fees and costs up to $1,300 USD, provided that VOX365EDU has notified you in accordance with the User Agreement of the improperly filed claim, and you have failed to promptly withdraw the claim.
TERMINATION AND SUSPENSION
This Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by VOX365EDU or you as provided for under the terms of this Section.
Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party. In such event, (a) VOX365EDU shall continue to perform those VOX365EDU Services necessary to complete any open transaction between you and another Member; and (b) you shall continue to be obligated to pay VOX365EDU and any Tutors for any Services for which you have engaged from VOX365EDU or such Tutors in order to complete any such transactions.
Without limiting VOX365EDU’s other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your registration, and refuse to provide any or all Services to you if: (i) you breach any terms and conditions of the User Agreement (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for VOX365EDU or are contrary to the interests of the Site or VOX365EDU Users. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Site under the same Account, a different Account or re-register under a new Account.
Without limiting VOX365EDU’s other remedies, to the extent you engage in actions or activities which circumvent the VOX365EDU Site or otherwise reduce fees owed VOX365EDU under the User Agreement, you will pay VOX365EDU for all fees owed to VOX365EDU and reimburse VOX365EDU for all losses and costs (including any and all VOX365EDU employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
When your membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with your Account. The provisions entitled “Warranty Disclaimer,” “Limitation of Liability,” “Release,” “Indemnity,” “Intellectual Property,” “Notices and Communications,” “Resolution of Disputes between Member and VOX365EDU,” “General,” and “VOX365EDU Account Services Terms and Conditions” will survive despite termination of this Agreement.
NOTIFICATION OF VOX365EDU MEMBERS
You acknowledge and agree that the value, reputation and goodwill of the Site depend on transparency of Member registration status to all Members. You therefore agree as follows: In the event VOX365EDU suspends or terminates your registration, VOX365EDU will have the rights but not the obligation to (a) notify other members engaged with you to inform them your suspended or terminated registration status, and (b) provide them with reasons for the action.
VOX365EDU ACCOUNT SERVICE TERMS AND CONDITIONS
Appropriate Use
In addition to the Eligibility requirements described in the User Agreement, VOX365EDU’S VOX365EDU Account Service is intended solely for use on VOX365EDU to purchase VOX365EDU Services. You must not establish more than one VOX365EDU Account. An VOX365EDU Account is mandatory for purchasing VOX365EDU Services which have an AC price.
Payment Provider
VOX365EDU through its third party partners acts as a payment provider by creating, hosting, maintaining, and providing the VOX365EDU Account Service to you via the Internet. VOX365EDU does not have any control over the Tutor Services purchased or sold with the VOX365EDU Account Service, nor whether a Student or Tutor you are dealing with will actually complete the transaction. Nothing in the VOX365EDU Account Service will be deemed to constitute VOX365EDU your agent with respect to any Tutor Services purchased and sold by Users through the Site, or expand or modify any warranty, liability or indemnity stated in the User Agreement.
PRIVACY POLICY
Please view our Privacy Policy.
COPYRIGHT POLICY
Removal of Material for Which Copyright Infringement is Claimed
VOX365EDU has implemented procedures to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our Customer Service and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our Service and Members’Accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Users off the Siteif we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation to, conducting off-VOX365EDU transactions, feedback manipulation, circumventing temporary or permanent suspensions or Users who we believe are harassing our employees or other Users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Members who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or to modify or discontinue VOX365EDU Sites and Services.
SAFEGUARDING YOUR PASSWORD
You agree to safeguard the User ID and password you use to access this Site and to purchase AC. You authorize us to assume that any person using the Site with your User ID and password either is you or is authorized to act for you. Further, the contents of your Member Account (including feedback), and User ID may not be transferred or sold to any other parties.
POSTING INFORMATION OR CONTENT
You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting your general profile or teaching profile and providing feedback). You agree to update such information whenever it changes. You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Students, Tutors, VOX365EDU or any other third parties. You understand that you may be held legally responsible for damages suffered by other Users, Members, Students, Tutors, VOX365EDU or any third parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the VOX365EDU Site. VOX365EDU is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third parties, even if such information or content is defamatory or otherwise legally actionable. VOX365EDU is not responsible for and does not monitor or censor content for accuracy or reliability. VOX365EDU reserves the right to remove or restrict access to any information, content or project posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if VOX365EDU considers such information or content to be in violation of the User Agreement. You agree NOT to do any of the following on the Site:
• Use VOX365EDU to transmit any content or conduct any transaction that would violate any applicable law or regulation in any country.
• Post any listings that are fake, posted without the intention to award or complete the lessons or posted only to receive pricing information.
• Use VOX365EDU to transmit any content that infringes a third party’s intellectual property rights, license rights, the terms and conditions of use of such third party’s Website or copyrighted materials or such third party’s rights of publicity or privacy.
• Use VOX365EDU to transmit any content related to or containing any adult or sexually explicit material.
• Use VOX365EDU in any manner related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.
• Post advertisements, solicitations or offers of full-time employment.
• Post false or misleading information about a product, service or service request.
• Post logos, seals or slogans from third parties on the Site unless such material is provided by VOX365EDU or an VOX365EDU partner, or you have received express written permission from VOX365EDU to display such third-party logo, seal or slogan.
• Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
• Post or transmit unprofessional or offensive comments about a User, Member, Tutor, Student, VOX365EDU or any third party.
• Use VOX365EDU to transmit any content that violates, or has the potential to violate, the integrity of academic and professional
applications, tests and work; for example by passing off the skills, ideas or words of another as one’s own; using another’s production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.
• Suggest or solicit another User to contact you directly in order to buy or sell Services outside of VOX365EDU.
• Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
• Tamper with postings of other Users, Members or VOX365EDU.
• Solicit or gather any User’s or Member’s information available from the Site, such as User IDs and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.
• Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site.
• Use robots, spiders, scrapers or other automated means to access information in our Site for any purpose without express written permission from VOX365EDU.
• Post or introduce software on the Site that: (a) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other software, firmware, hardware, computer system or network (sometimes referred to as “viruses” or “worms”); (b) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as “time bombs,” “time locks” or “drop dead” devices); (c) would permit you or any other person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as “traps,” “access codes,” or “trap door” devices, or “spyware”); or (d) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.
• Frame or link to the Site except as permitted in writing by VOX365EDU..
• Impersonate or misrepresent your affiliation with any person or entity.
• Repeat any action after you receive a warning or request to desist from VOX365EDU, whether or not that action is explicitly prohibited in the policies stated on the Site.
• Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site.
• Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).
• Copy, modify or distribute content from the Site, except for your own information and use, without the prior express written permission from VOX365EDU.
• Violate any other policies stated on the Site.
Violation of these rules may result in suspension or termination of your Account, in addition to all other remedies available to VOX365EDU or other Users or Members. If you are aware of a potential violation, please contact Customer Service. In order to operate the Site, VOX365EDU must have certain rights. Consequently, when you post information, text, files, links, attachments, software or other materials to publicly visible areas of the Site, you are granting, or warranting that the owner of such content has expressly granted a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such content (in whole or in part) and/or to incorporate such content in other works in any form, media or technology now known or later developed.
TUTORAND STUDENT OBLIGATIONS
You agree to: (a) abide by the User Agreement and the processes and procedures described throughout the Site; (b) be financially responsible for your use of VOX365EDU and the purchase of AC or delivery of Services; and (c) perform your obligations and complete the transaction as specified by the most recent agreed upon terms by the Tutor and Student, unless such transaction is prohibited by law or by the User Agreement. Upon acceptance of Session terms, you agree to purchase the Services by transfer of a sufficient AC balance if you are a Student, or provide the Services if you are a Tutor, in accordance with the terms agreed to by the parties.
COMMUNICATION
VOX365EDU encourages open communication between Students and Tutors. Students and Tutors can utilizeVOX365EDU message system to clarify lesson or course descriptions, scope or any specific requirements. Open communication helps Tutors to develop relevant curriculum and Students to make informed decisions. You are encouraged to maintain an electronic record of all written communication including clarifications and agreements around lesson scope, deliverables, milestones, timeframes, price, feedback, requests for revisions, acceptance of deliverables and completion of milestones. Also, transcribe relevant conversations between Student and Tutor to maintain a record of what is agreed. In the event of a dispute, all written communication on VOX365EDU will serve as the record for resolution of the dispute. A communication that is not referenced on VOX365EDU cannot be submitted as evidence in non-judicial dispute resolution after a dispute is reported.
RATING AND FEEDBACK SYSTEM
You acknowledge and agree that the Site will contain public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that VOX365EDU may calculate a composite feedback number based on these individual ratings. Tutors agree to be rated by Students along several criteria, as determined by VOX365EDU. VOX365EDU provides its feedback and rating system as a means through which Users can express their opinions publicly, and VOX365EDU does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to VOX365EDU’s attention. You may be held legally responsible for damages suffered by other VOX365EDU Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. VOX365EDU is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
• Leaving fake feedback for yourself or another User or Member such as using a secondary User ID or other VOX365EDU members to artificially raise the level of your own feedback or create negative feedback for another User or Member.
• Feedback threats such as demanding another User or Member to perform a task by threatening to leave negative feedback or withholding deliverables or funds until another User or Member agrees to leave positive feedback or no feedback.
• Feedback solicitation such as offering to sell or buy Services in exchange for good feedback, trading feedback undeservedly or buying feedback.
In order to protect the integrity of the feedback system and protect Users from abuse, VOX365EDU will consider removing feedback under the following scenarios:
• Feedback or information posted seeks to elicit or solicit any User’s contact information, such as other Users’ email addresses, for any non-VOX365EDU related commercial or business purposes, or to transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters.”
• Feedback or information posted contains language that is profane, vulgar, racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will not be removed.
• Feedback or information posted is shown to have been left by any User who is in violation of VOX365EDU’s Eligibility requirements, or by or for a User who has conducted any fraudulent transaction.
• Feedback or information posted is not directly related to transactions conducted through VOX365EDU.
• Feedback or information posted makes any reference to actions taken or purported to be taken by VOX365EDU or any law enforcement organization.
• When VOX365EDU is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal.
• The User who left feedback provided VOX365EDU with false contact information during the transaction period (as verified by VOX365EDU) and cannot be contacted by VOX365EDU.
• The User who left feedback is participating in a VOX365EDU transaction with the intent of leaving feedback as part of a campaign to harass VOX365EDU member(s) (as verified by VOX365EDU).
PROVIDING SERVICES
If you wish to provide Services through VOX365EDU, you must complete the Tutor registration process. You agree to provide true, accurate, complete information and to update such information to maintain its truthfulness, accuracy and completeness. From time to time, your Member Account may be subject to verification as well as editorial and feedback reviews. VOX365EDU can suspend or terminate your Member Account upon the discovery that any information you provided or posted is not complete or accurate, or as a result of other violations of the User Agreement.
Guidelines for Creating a Lesson or a Course
You agree to utilize the following creation guidelines:
• Write a specific and detailed outline with clear scope, deliverables and lessons.
• Set expectations that you can meet or exceed. When posting your listing you agree to:
• Not submit courses or lessons that are made with the intent to commit fraud. Doing so will result in immediate termination of your
membership.
• Not offer your Services in exchange for good feedback.
• Respond promptly, within one business day, to private messages from the Student.
• Respond promptly, within one business day, to any inquiry from Customer Service.
Violation of these guidelines may result in suspension or termination of the Project or of your Account. If you are aware of a potential violation, please contact Customer Service.
Guidelines for Providing your Services
You agree to utilize the following service provider guidelines:
• Once you have received a teaching request, use VOX365EDU to manage the request and to maintain an electronic record of all written communication between you and the Student around scope, deliverables, time frames, price, feedback, revisions, schedule changes, vacation, availability, delays, acceptance of deliverables and completion of sessions. Also, transcribe relevant conversations between you and the Studenton VOX365EDU to maintain a record of what is agreed. In the event of a dispute, all written communication on VOX365EDU will serve as the statement of record.
• Inform the Student of your availability and committed response time.
• Inform the Student if a committed deliverable will be missed, offering an explanation and proposing a revised date.
• Inform the Student if you will be unavailable for more than one business day.
• If you are unable to complete a session, alert Customer Service so that VOX365EDU is aware of the situation and can offer assistance to the Student.
• Respond promptly, within 1 business day, to all session-related communication, whether from the Student or from VOX365EDU.
• Utilize VOX365EDU’s Payment Service to maintain the privacy of your personal financial Account details; leverage VOX365EDU’s anti-fraud measures; maintain a record of all invoices and payments; add the project, feedback and transaction amount to your profile; and, in the event of a problem, have access to VOX365EDU’s Dispute Resolution process.
• Report any rating system violation by contacting Customer Service.
• After the session is completed, leave objective, balanced feedback.
Violation of these guidelines may result in suspension or termination of your Account. If you are aware of a potential violation, please contact Customer Service.
CONTACTING CUSTOMER SERVICE
If you have any questions, suggestions, reports of problems or complaints regarding any VOX365EDU services, please contact VOX365EDU head-office: info@vox365edu.com