Termes et conditions
Tutored is a platform (website and mobile app) designed for providing a variety of services aimed to improve the overall academic experience.
Also, Tutored has developed a digital platform available on the application for portable devices (“Tutored App”), aimed at offer study tools and promoting the crossing of job supply and demand. Job seeking Users can submit their candidacies by entering their personal data and any work skills and/or experiences they may have acquired, by using the on-line forms available and optionally enclosing within the User Profile a summary of their personal Curriculum Vitae (“Curriculum Vitae” or “CV”) and a picture. The purpose of publishing photographs is to precisely identify the candidate with respect to other web users and improve his/her curriculum vitae. The ability to insert a photo into Tutored does not replace other Internet services such as: personal pages, photo sharing sites etc … Tutored recommends that the curriculum photographs be personal and of quality.
In providing its services Tutored disseminates data that has been provided by the users. All users are given access to a dashboard, which are totally responsible for what concerns the data and updating of rates, availability (with specific regard to tutors) and other information displayed on the portal Tutored. Although Tutored lend its services with due care and attention, it is not able to verify and ensure the accuracy, completeness or correctness of the information, nor Tutored will be liable for any errors (including manifest and typographical errors), interruption service (whether due to temporary failure and / or partial repair, upgrade or maintenance of the website or otherwise), for inaccurate, misleading or false, or for their failure to finalize. Each operator is responsible at all times for the accuracy, completeness and correctness of the (descriptive) information, including rates and availability displayed on the portal Tutored. Tutored is not intended, and should not be seen in this light, to recommend or support any good and service sold on the same, in terms of quality, quantity and level of service.
You must be 18 years old or older to register with the Portal: Tutored will not accept underage registration, nor is Tutored capable of monitoring behavior of its registered users. Users (defined below) who shall accomplish an underage registration, shall do so at their own personal risk, and Tutored will not accept any kind of liability on the matter and reserves every right to take any appropriate action and/or, in general against illegal activity on the website and Portal.
Terms and Conditions
“Portal”: the website at URL www.tutored.me, the Tutored App or at any other URL where Tutored chooses to provide the Tutored service as communicated to Users from time to time.
“User”: a User of the Portal, registered, who has successfully completed the registration procedure;
“Content(s)”: any and all content of the Portal, including trademarks, service marks and logos, including software and HTML/Flash and any other type of code used on the website;
“Tutor”: a User of the Portal, registered who advertise its services to the public.
2. Access to Portal
- In order to access all the features of the Portal, You will have to register and activate a User Account. You are not allowed to use another User’s Account, as unauthorized use constitutes infringement of the Law. When registering Your account, we require You to provide us accurate and complete information. You are solely responsible for the activity that occurs on Your account, therefore You must keep Your account credentials secure; failure to do so will result in Your liability for any activity on Your account using Your login data. You may change Your password at any time by updating Your Account Profile page. In addition, You agree to immediately notify Tutored of any unauthorized use of Your password or account or of any other breach of security You may experience. Tutored will not be liable for any loss or damage arising from Your failure to comply with this Article 2, nor will it be liable for breach or unauthorized access or any other event depending by its User’s behavior. Furthermore, Tutored may discretionally decide to terminate and/or suspend any User Account, even without prior notice, if it deems so necessary to protect its business interests and/or similar reasons and/or is ordered to do so by any competent Authority.
- You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “automatic form fillers” or similar technological devices or programs, that access the Portal in such a way as to send a series of request messages to the Tutored servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Tutored may grant the operators of public search engines permission to use spiders to copy materials from the Portal for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials (no Contents will be made available for indexing, outside of the Portal). Tutored reserves, in any case, full right to revoke these exceptions either generally or in specific cases, in its sole discretion.
- Tutored permits you to associate your User Account with your LinkedIn, Facebook, Twitter, or other social network account (“SNS”). When you establish a linked account, you can sign into the SNS and automatically sign into the Portal at the same time, the profile image will be the same of the SNS linked, you can always edit the profile picture of the Portal. Tutored is not responsible for the operation or functionality of any SNS. LinkedIn is a registered trademark of LinkedIn Corp., Facebook is a registered trademark of Facebook, Inc. Twitter is a registered trademark of Twitter, Inc.
- You accord that Tutored, within the purposes of its business, has the absolute right and permission to use your name, voice, image, representation and your applicable user compensation information, including for example any commissions paid and your influence percentage, as well as representations made by you, in any media, world-wide, for the intentions of advertising, promoting, reporting and distributing information about the Company or Company’s business.
- After registration as a User, Tutored hereby grants You permission to use the Portal as set forth in these Terms and Conditions, provided that:
– You will not copy or distribute any part of the Portal or Content in any form without Tutored prior written authorization;- You will not alter or modify any part of the Portal other than as may be reasonably necessary to use the Portal for its intended purpose under the present Terms and Conditions;
– You will not utilize any third-party software, code or hardware to alter or modify any part of the Portal and/or its underlying mechanisms.
3. User Profile and curriculum
3.3. Subsequent to the creation of the User Account, and on the grounds of the information concerning education, experience, and career requests provided by the User, this latter shall be contacted by potential employers or directly by Tutored, both through the dashboard made available in the User Account and through the email provided by the User to Tutored at the moment of signing up for Tutored. User also allow Tutored to send via email and other media, alerts and news about Tutored’s clients, in addition to newsletter, job tips, job opportunities, reports and trends about job opportunities. The User can request to disable the service at anytime unsubscribing the newsletter option. Companies that announce or benefit from advertising/e-communication actions can not access the personal data of candidates in any way.
3.4. Since Tutored provides only the Digital Platform and the Services related thereto, Tutored shall not be deemed responsible or liable for the content of any communication sent to the Users by potential employers and vice versa, including files, images, and pictures attached thereto, which are completely outside of Tutored’s control.
3 Bis – Employers Profile and Use of Employer Account With particular reference to Job Postings:
Job posting may not contain hyperlinks, other than those specifically authorized, unreadable, or « hidden » keywords, the names, logos or trademarks of unaffiliated companies, more than one job or job description, more than one location, or more than one job category for single job posting, inaccurate, false, or misleading information; and any material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
As Employer you may not use Your Tutored job posting to:
(1) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(2) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(3) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
(4) post jobs that include any screening requirement or criterion not actual and legal
(5) with respect to Profiles, determine a consumer’s eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
(6) sell, promote or advertise products or services;
(7) endorse a particular political party, political agenda, political position or issue;
(8) promote a particular religion;
(9) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(10) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(11) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(12) advertise sexual services or seek employees for jobs of a sexual nature;
(13)post jobs or other advertisements for competitors of Tutored or post jobs or other content that contains links to any site competitive with Monster;
Tutored reserves the right to remove any job posting or content from any Tutored Site, which in the reasonable exercise of Tutored’s discretion, does not comply with the above Terms, or if any content is posted that Tutored believes is not in the best interest of Tutored.
If at any time during Your use of the Tutored Services, You made a misrepresentation of fact to Tutored or otherwise misled Tutored in regards to the nature of Your business activities, Tutored will have grounds to terminate Your use of the Tutored Services.
4. Intellectual property rights
4.1. The Contents available on the Portal are owned by, copyrighted, registered as intellectual property or otherwise licensed to Tutored and generally protected by intellectual property rights as provided by this Article 4. Content includes registered intellectual property of Tutored protected under International Treaties. It may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever, without the prior written consent of Tutored or as expressly provided herein. Tutored reserves all rights not expressly granted in and to the Portal and all relevant Contents.
4.2. Contents are property of their respective owners and their intellectual property rights are managed by the User who has uploaded them to the Portal, any relevant infringement shall be notified to the uploading User using the contact procedures available on the Portal.
4.3. Tutored retains the right, in its sole and absolute discretion, to monitor, edit, prohibit, or remove any Content, at any time, without prior notice, for any reason. This right of Tutored shall in no context be interpreted as Tutored obligation to monitor the accuracy and quality of the Contents.
4.4. Save for what is otherwise provided in Articles 3.1 and 3.2 above, all sections and Contents of the Portal may be subject to copyright and other intellectual property rights under the Laws of Italy including law April 22, 1941 no.633 and legislative decree February 10, 2005 no.30.
4.5. Each User agrees that by uploading any Content grants to Tutored an unlimited license to freely use any text, data, photographs, renders, projects, maps, technical specifications, video, sound, messages and any other element protected by intellectual property rights, posted, provided there is appropriate attribution of authorship and indication that the material is copyighted. The license extends to use in Tutored promotional materials including the website, electronic and printed marketing material and advertisements. The license applies from the date a Content is uploaded and continues for a period of 6 months after the Content is removed.
4.6. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including, but not limited to, any use, copying, or distribution of same, for any purposes to the maximum extent allowed by applicable Law. When downloading or when printing a copy of the Content, using the links/functions provided and in the allowed formats, for personal use, You must retain all copyright and other proprietary notices and watermarks and/or digital rights management systems and/or digital content information contained thereon. Any behavior of the User shall respect the Law and regulations of Italy and any other applicable Law/Jurisdiction. Actions (copying, download, printing, transcoding, creating derivative works, etc.) which are not expressly allowed by supplying dedicated functions in the Portal are expressly prohibited and will be prosecuted under the Law.
4.7 All rights, titles and interests in and to the Website and App, including, but not limited to, its software or HTML code and other computer code contained in both the Website back-end and front-end components, the Website itself, the User interface, text, graphics, scripts, photographs, images, designs, audiovisual materials, codes, software, algorithm, and any other material that forms anyhow part of the Website and of the Digital Platform (collectively, ” Tutored Content”) is owned by Tutored and/or its licensors, if any, except for any data, information, internet accounts, logos, and tradenames provided by the User and Tutored’s client Firms, each of whom shall remain the owner of such intellectual properties, which may be used by Tutored, free from royalties to said Users and third firms, for purposes of recruitment and Client firms’ promotion.
5.1. Users can participate by uploading their Contents in the appropriate participation slot, set up and provided by the Portal.
5.2. Contents, including, but not limited to, any text, data, photographs, renders, projects, models, maps, technical specifications, video, sound, messages, relevant files which are adequately described and indexed or other material uploaded by Users are intellectual property of the User which posts the Content and are not in any direct or indirect way endorsed by Tutored; Tutored makes no express or implied guarantee, to the maximum extent allowed by applicable Law, regarding the reliability, accuracy, quality or feasibility of any Content on the Portal. Contents remain sole and exclusive responsibility of the User who has uploaded the Content (please see also Article 10.8).
5.3. User uploading Content declares to be the only author and exclusive owner of the Content. In particular, User guarantees that the Content is original and belongs to the User himself (in the sense that Content cannot represent a copy and/or a reproduction of third parties’ content) and that that Content is in the legitimate availability of the User to be written or performed (in case of graphic and/or photographic productions) directly by the User. In particular, in the case the Content refers to lesson notes, User guarantees that the Content is the result of his elaboration of the lessons and that in no case the same Content could prejudice professor, University or any third parties’ rights.
5.4. User guarantees (i) the enjoyment of the rights granted, including those concerning the title of the Content and (ii) that the Content does not violate third parties’ rights, nor any criminal law applicable. User is obliged to hold harmless Tutored from any responsibility for damage caused to third parties by his eventual lack of any rights on the Content and from any eventual complaints by any third parties (including professors of the lessons whose the User has taken part), who considered the content as a detriment for their imagine, copyright and/or intellectual property. User undertakes to not publish on other portals, as long as he remains a registered user on Tutored Portal.
5.5. In case of any dispute about ownership of the rights granted to Tutored and/or concerning the legitimacy of the use, by Tutored or by its assignees of the Content, User will held Tutored harmless from any obligation or judicial and extrajudicial claim made by the right holders of the Content. In any case, User will repay Tutored any amount of money paid by Tutored: and so, among other things (but not only) any sum due by means of compensation for damages, legal fees, financial penalties for any kind of unlawful act, or license fees paid to third parties to use the Content. The choice between different methods of fulfilment by the granter User is made by Tutored (for example: the participation in a possible judgment call or intervention, and/or restitution afterwards of disbursements incurred by Tutored and/or any other).
5.6. User guarantees Tutored that the use of the titles chosen for the Content does not constitute any infringement of other intellectual property rights or other rights. Whether Tutored communicates the User, before the publication of the Content the existence of a concrete risk of disputes concerning the use of the same titles, the Parties agree to discuss in good faith and consider any possible alternative. Given the outcome of the discussion between the Parties, if Tutored considers hat the title chosen by User could anyway configure a violation of other parties intellectual property rights or other rights and the User does not consent to modify it, the Content will be rejected by Tutored.
5.7. Users understand that the service of Tutored is not in any way meant, finalized or to be used as a tool or system to organize, negotiate or mediate for professional engagements. You understand and agree that Tutored acts only as an interface to facilitate communications between users and other companies. Tutored will ban any account where such practices occur and will not credit any sums thereto. Tutored provides no services which fall under the definitions of Article 1754 of the Italian Civil Code.
5.8. Contents are entered on the Portal without any obligation for Tutored to keep them available for any specified period of time. By way of example and without limitation, Tutored, may delete any Content at its complete discretion, in whole or in part, if it receives alerts /complaints/orders and/or; it deems so appropriate to protect the Portal and/or; has otherwise reason to do so.
5.9. Tutored does not in any case accept liability concerning the degrees and/or professional qualifications of Users of the Portal which may not always be independently verified with the local association in case any user of the Portal deems necessary to make a decision in which certainty of this kind of information is relevant.
6. Market Place Services
6.1. The use of the Portal allows User to use Market Place Services (as defined below) and additional services that will be made available from time to time and provided by Tutored through the Portal (the “Services”), in accordance with these general Terms and Conditions and further provisions and operating instructions contained in the relevant sections of the Portal.
6.2. Through the appropriate programs and technological structures from time to time available within the Portal, Users can download, even for a fee, one or more files relating to information, texts, conceptual and digital materials (the “Digital Content”) which other Users uploaded to this end on the Market Place.
6.3. The activation of Market Place Services is made in favor of Users who have completed their registration. Methods and procedures for uploading, the offer and the download, also for a fee of Digital Content, are described in the “Market Place Services” section within the Portal.
6.4. Saving what outlined in the following Articles 8, 13, Tutored role is limited to the provision of the Market Place Service.
6.6. The Services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Services, receive messages from the Services, download applications to your mobile phone or access features from the Services (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
6.7. Certain areas of the Tutored Websites (and your access to or use of certain Services or Tutored Content) including any policy pages may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these User Terms of Service and terms and conditions or policies posted for a specific area of the Tutored Websites, Services or Tutored Content, the later terms and conditions will take precedence with respect to your use of or access to that area of the Tutored Websites, Services or Tutored Content, as applicable. Policies relating to Tutoring Services may be found here, and are hereby incorporated into this Agreement.
7. Use of the Contents
7.1. By uploading on the Portal and/or on the Market Place the Content, User authorizes – free of charge – Tutored to host on its Portal, to view, to extract, to compress or to convert for publication, to publish and otherwise to use such Content in accordance with these general Term and Conditions and with functionalities from time to time available on the Portal.
7.2. By uploading on the Portal and/or the Market Place the Content, User also agrees to allow other Users to view and access such Content in accordance with these general Term and Conditions.
7.3. The Content can be viewed and downloaded by Users duly registered on the Portal according to the specific terms and conditions of the Market Place Services which are accessible to them, only for private and personal use, not for profit, given that is forbidden any use of the Content for direct and/or indirect economic, commercial and/or promotional purposes. Users accept, therefore, that the download, also for a fee, of any kind of Content attributes to User the right – personal and non-transferable – to use the Content only for private use, exclusively personal and non-commercial, not for profit.
7.4. As for Contents (posts, survey and similar) generated by users, when users submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline bibliographic and citation information comment, testimonial, feedback, message, image, survey, text, profile data or other material (“User Content”) to Tutored, any Tutored employee or contractor, or a Tutored Website/App, users grant Tutored and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Tutored, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.
7.5. Tutored may create, facilitate or display social advertisements, whereby your name, profile and photo may be used to advertise products and services to your network based on your use of the Services and your interactions with Tutored. You agree that Tutored may use your name and profile picture in connection with social ads to advertise products and services to your network based on your use of the Services and your interactions with Tutored and third parties through the Services.
7.6.. You further agree that Tutored is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Tutored to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. To the fullest extent permitted by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. 6.6. Tutored is not required to host, display, or distribute, and may remove at any time, any User Content. Tutored reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.
8. User responsibilities related to the Content
8.1. User also takes full responsibility about personal authorship, the accuracy and truthfulness of any entered Content and ensures that the Content is not contrary to the mandatory provisions and does not infringe any hallmark, intellectual and industrial property rights, image rights or other rights of third parties arising from the relevant legal rules or customs or practices.
8.2. User assumes any responsibility concerning the Content and its legitimacy, with specific reference to the lack of forms and/or contents of child pornography, pornography, obscene, profane or defamatory.
8.3. In addition of what specified in the following Article 11, User undertakes to use the Portal Services exclusively for lawful purposes allowed by current law applicable to customs and habits, diligence rule, in any case without prejudice any third parties’ right, user of media or not, with particular attention to data protection rules, laws on the protection of intellectual and industrial property and on telecommunications.
8.4.. Tutored’s study material and notes services are available merely as informational and study aids and should not be considered substitutes for applicable coursework, homework, class and lecture requirements, assignments and related materials. Tutored does not guarantee the accuracy or quality of answers or other study material that appear on the Services, some of which may be posted by other users. Users further agree the Services may present information that is incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided or preferred by publishers of applicable problems or instructors of applicable courses.
8.5. In any case, User, substantially and procedurally, protects Tutored from any damage reconnected to the Content and its diffusion, undertaking to keep safe Tutored from any loss, harm, responsibility, cost, including legal fees, resulting from any violation of the obligations assumed through those Term and Conditions in relation to the use of internet services made by the same User.
8.6.. Under no circumstances and for no reason Tutored could be responsible against the User for the Content and for any errors and/or omissions inside it, or any damages incurred as a result of the use of Content, transmitted or distributed through the Market Place Services.
8.7. Tutored, among other things, represents a meeting point between (i) employers who publish employment opportunities and seek and evaluate potential candidates and (ii) candidates who post CVs and profiles and seek and evaluate job opportunities . Tutored does not filter or perform any censorship on the lists, including the profiles offered. Tutored is not involved in or controls the actual communications between employers and candidates. Tutored is not involved in any negotiations that should take place between employers and candidates. Consequently, Tutored is not responsible for User Content, quality, security or legality of job offers or published CVs, the veracity or accuracy of the published items, the employer’s ability to offer employment opportunities to potential candidates or the ability of candidates to cover their job positions. Tutored does not guarantee job offers, CVs or User Content on the Portal. While reserving Tutored’s right to periodically remove and discretion to User Content, job listings, CVs or other material from the Portal, Tutored assumes no obligation to do so and to the extent that it is permitted by law, rejects any liability arising out of not committing such actions.
9. User Accounts
9.1. In order to access all the features of the Portal, You will have to register and activate a User Account. You are not allowed to use another User’s Account, as unauthorized use constitutes infringement of the Law. When registering Your account, we require You to provide us accurate and complete information. You are solely responsible for the activity that occurs on Your account, therefore You must keep Your account credentials secure; failure to do so will result in Your liability for any activity on Your account using Your login data. You may change Your password at any time by updating Your Account Profile page. In addition, You agree to immediately notify Tutored of any unauthorized use of Your password or account or of any other breach of security You may experience. Tutored will not be liable for any loss or damage arising from Your failure to comply with this Article 8, nor will it be liable for breach or unauthorized access or any other event depending by its User’s behavior. Furthermore, tutored may discretionally decide to terminate and/or suspend any User Account, even without prior notice, if it deems so necessary to protect its business interests and/or similar reasons and/or is ordered to do so by any competent Authority.
9.2. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “automatic form fillers” or similar technological devices or programs, that access the Portal in such a way as to send a series of request messages to the Tutored servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Tutored grants the operators of public search engines permission to use spiders to copy materials from the Portal for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials (no Contents will be made available for indexing, outside of the Portal). Tutored reserves, in any case, full right to revoke these exceptions either generally or in specific cases, in its sole discretion.
9.3. Tutored permits you to associate your User Account with your LinkedIn, Facebook, Twitter, or other social network account (“SNS”). When you establish a linked account, you can sign into the SNS and automatically sign into the Portal at the same time. Tutored is not responsible for the operation or functionality of any SNS. LinkedIn is a registered trademark of LinkedIn Corp., Facebook is a registered trademark of Facebook, Inc. Twitter is a registered trademark of Twitter, Inc.
9.4. You accord that Tutored, within the purposes of its business, has the absolute right and permission to use your name, voice, image, representation and your applicable user compensation information, including for example any commissions paid and your influence percentage, as well as representations made by you, in any media, world-wide, for the intentions of advertising, promoting, reporting and distributing information about the Company or Company’s business.
10. Third Party Links, Content and Applications
10.1. There may be links from the Services, or from communications you receive from the Services, to third party web sites or online features. The Services also may include third party content that we do not control, maintain or endorse. Such links are provided solely for the convenience of the User; Tutored does not support the contents of such third-party websites. Tutored is not responsible for the content of third-party affiliated sites and does not warrant the content or accuracy of materials on such web sites. If the User decides to access third-party linked Web sites, such access will occur under his / her sole and exclusive responsibility.
10.2. Functionality on the Services may also permit interactions between the Services and a third party web site or online feature, including applications that connect the Services or your profile on the Services with a third party site. For example, the Services may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on the Services, or a feature that lets you post to your social networking page a link to a specific product or the ability to share content from the Services or your User Content with a third party, which may be publicly posted on that third party’s web site. Using this functionality typically requires you to login to your account on the third party website. We do not control any of these third party sites or any of their content. Neither Tutored nor its service providers are responsible for the practices of any third party. Accordingly, you expressly acknowledge and agree that we make no representations or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third party sites or online features and any reliance placed by you on such materials is at your own risk. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
11. Payment and Taxes
11.1. You agree that Tutored can impose a fee for the use of the Portal in connection the use of the technological infrastructure available on www.tutored.me as well as for the Market Place Services (the “Fee”).
11.2. Moreover, Users agree they can ask other Users a tutoring services that would be rendered independently from Tutored, paying the amount better defined as at Article below.
11.3. When asking for other Users services, You shall ensure Tutored a sum deposited equal to the Remuneration (as Article 9.4) to be paid to the User which will be paid for the tutoring service rendered.
11.4. Once asked another User the service, You shall pay Tutored the remuneration – which is the actual amount, net of any applicable withholding tax and/or duty – to be paid to the User which will provide You the service (the “Remuneration”).
11.5. The User asking for another User service expressly confers Tutored full and irrevocable mandate, as per Section 1703 of the Italian Civil Code to
(i) receive as trusted depositary the sum of money which is paid by the User as amount of the Remuneration, and
(ii) as soon as the service is rendered, pay in the name and on behalf of the User the Remuneration to the User who has provided the tutoring service. It is understood between the Parties that such mandate shall be subject to the conditions of (i) asking for another User services and (ii) full payment of the relevant sum by the User who asks for tutoring services and (iii) acceptance of taking charge of the tutoring service for the User who has to provide it.
11.6. As provided by Article 1725 of the Italian Civil Code, mandates conferred to Tutored as per section 9.5 above, may not be revoked once the service has been asked to another User, except that a fair cause occurs and unless the User asked to provide the tutoring service jointly to the User asking the tutoring service give express notice to Tutored.
11.7. Tutored will not have any part during the eventual execution phase of the tutoring and no responsibilities could be claimed against Tutored concerning the specifics service to be rendered.
11.8.. You understand and agree that Tutored acts only as an interface to facilitate communications between users and Tutors and to collect payment from users on behalf of Tutors. THE TUTORING SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TUTORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT Tutored IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND TUTORS. TUTORS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF Tutored. Tutored HAS NO CONTROL OVER THE LESSON SERVICES OR CONDUCT OF USERS, TUTORS AND OTHER USERS OF THE SITE AND SERVICES.
12.1. Each time a User asks Tutored for using the Portal, Tutored will invoice him/her, as per applicable laws and regulations.
12.2. Moreover, each time a User asks for tutoring services to another User, Tutored will invoice him/her, as per applicable laws and regulations, ex Section 6.3
12.3. You agree that You are responsible for the collection and/or payment of all taxes which You may be liable for in any jurisdiction arising from Your service rendered. Tutored is not responsible for collecting, reporting, paying, or remitting to You any direct/indirect taxes and/or social security charges.
12.4. The Users who provides tutoring services shall have the duty to invoice the other User, as required by applicable laws and regulations, including tax and social security laws and regulation, for the sums received as Remuneration. Tutored shall not be required to supply relevant information thereto and/or advise the Users on the matter. Tutored will not accept liability for any error/omission/failure to comply in any manner by the Users to this Section.
13. Tutored Discount Codes, Bonuses, Coupons, Loyalty Programs, Points Programs & Other Promotions
13.1. From time to time, Tutored may offer discounts, bonuses, coupons, loyalty programs, points programs, sweepstakes, contests or other promotional incentives. These incentives typically have their own specific rules, restrictions and limitations (e.g., limiting when, how often, and under what circumstances you may be eligible for the promotion). You are responsible for carefully reviewing and complying with these applicable rules, restrictions and limitations. You agree not to engage in any self-dealing, collusion, smurfing (defined as breaking large orders or sales transactions into multiple individual transactions for the purpose of obtaining multiple discounts or payments), or otherwise gaming or defrauding the system. By participating in such promotions, you agree to be bound by the applicable rules and restrictions, and that Tutored, in its sole discretion, may deny payment or benefits to the fullest extent permitted under applicable law (e.g., when it believes improper activity has occurred or when a code has expired). All promotions may expire at any time without notice to recipients. Discounts apply only toward the actual base product/service rental or purchase cost; they do not apply to taxes, shipping, extension or late fees, or any other additional fees (e.g., conversion to purchase fees).
14. User Warranties and liability
14.1. The use of this service is entirely at Your risk and You take the full and sole liability of it.
14.2. The User expressly waives Tutored from any liability and/or claim for compensation that may occur in case, following a job offer, the User starts an internship and/or a vocational training period which culminates in an interruption either by the employer or the same User or/and that may arise in case the employer, at the end of the internship and/or vocational training period, decides not to proceed with the relationship by entering into a different type of job contract, whatever the reason. The User acknowledges that Tutored is not involved in any way in any work decision taken by the employer, and therefore Tutored shall not be held responsible for any choice made by said employer
14.3. You guarantee to Tutored to be the exclusive entitled to do so of the commercials You upload on the Portal or to have pre-emptively got the necessary authorization from the owners of Tutors the rights concerning the contents inserted into the Contents uploaded by You on the Portal.
14.4. You are therefore the sole responsible for anything uploaded on the Portal using Your ID and/or Your password and anyway, for any behavior or action set through it on the Portal.
14.5. As registered User, You commit Yourself not to publish Contents: – pornographic, obscene, or pedophiliac; – that cause in any way damage to minors; – blasphemous or offensive to the morals, ethics and to any religious belief; – with purposes against public order, that sing praises to violence or racial hate; – illegally detained or bought by the User (pirate software, unauthorized copies, etc.); – advertising or promotional in favor of subjects different from the brand object of the campaign on Tutored to which the Content is uploaded; – tied up to the gambling, competitions, games that ask for a money participation; – protected by copyright, whether being audio, text, images or fragments of video without obtaining the previous authorization from the rights holder; – that are damaging to third parties, with particular reference to copyrights or other rights of intellectual and industrial property; – that contain virus or other software that may damage or influence the functionality of the site; – that promote or induce to illegal activity; – that contain utilizations of images fixed or on the move, of common and/or famous people, or that refer to these without their previous authorization; – that contain deceptive or comparative advertising messages as by law in force; – that violate, or induce to violate, any law or regulation.
14.6. It is particularly forbidden to use the service to cause in any way prejudice to third parties or to commit or to encourage any kind of crime.
15. Children’s privacy
15.1. Protecting children’s privacy is especially important to us. It is our policy to comply with Italian laws on the matter.
15.2. Tutored does not operate or provide services directed toward children and does not intentionally collect information from children. If You find any content on our Portal offensive or otherwise disrespectful towards minors, we ask You to contact us immediately, providing all details, so we can operate for its fast removal.
16. Warranties and liability of Tutored
16.1. The Portal and all related services are offered by Tutored to the User “as is”, and “as available”, without any warranty, be it direct or indirect, of any kind on its contents and/or its functionalities. Tutored, therefore, does not offer any warranty on the accessibility of the Portal in any moment and/or place, nor does it offer warranties over the absence of defects and/or errors in the Portal and/or in its contents.
16.2. Tutored shall not be considered responsible for any eventual damage which will might derive You, or your PC, by the incorrect use of the Portal and of the services therein.
16.3. Tutored shall be liable only when the User can effectively demonstrate that Tutored (a) adopted an intentionally harmful conduct; (b) acted in gross negligence; (c) has violated any applicable provisions of law regarding responsibility over licensed products. Tutored may be required, under existing laws and regulations, to pay damages resulting from injuries that have affected life, physical integrity or health of the User, provided it is demonstrated that these events are a direct consequence of the behavior of Tutored; in no case Tutored shall be held liable for slight negligence acts.
16.4. The User accepts to indemnify, defend and protect Tutored against each and any claim, demand, claim for damages or other losses, including reasonable attorneys’ fees, claims by any third party arising from the use of the Portal and/or by violation of these Terms and Conditions.
16.5. Pursuant to the provisions detailed above, Tutored will not be liable for service interruptions due to: – natural catastrophes or fortuitous event; – tampering on the services or on the equipment, carried out by the User or by third party; – wrong use of the services by the User; – faulty operation of the connection devices used by the User, even when it is due to the non-observance of the laws and rules on safety, prevention, accidents and industrial injuries.
16.6. Tutored has no obligation to oversee any contents circulated through the service, nor has it any obligation to actively seek facts or circumstances that point out the presence of illegitimate activity without an appropriate order to do so by a competent Authority; Tutored is therefore not responsible in case of possible controversy on the legitimacy, truthfulness, correctness, quality, originality and paternity of the material published on the Portal and on the Market Place; Tutored will take prompt action to remove the contents manifestly non compliant with third parties rights, as soon as it receives a direct complaint, provided with all necessary data to evaluate a violation (such as: link of offending content, information about copyright violation, etc.).
16.7. If Tutored becomes aware of the illegitimate or prejudicial feature of the Content published online by the User, it will immediately, and at its own discretion, remove the offending information and/or disable access to such data.
16.8. Tutored, in any case, will not accept responsibility for possible violation of intellectual rights on contents by third parties, as well as for the possible loss, cancellation or alteration, momentary or definitive, of Contents for any cause. Each User contributing material to the Portal does so at his/her own risk, and shall face any and all consequences of such behaviors, thus indemnifying Tutored as per article 14 below to the maximum extent permitted by applicable Law.
17. Malware and connections to third party sites
17.1. Tutored has committed itself to maintain the Portal without viruses and malware, but cannot guarantee its full immunity from them. The User has therefore to adopt suitable safety measures and has to use an antivirus program to avoid the loading of virus on his own software. In case of hypertext link to third sites, Tutored does not have any responsibility for the possible illegitimate content of these, neither some obligation of control them.
18.1. The User is obliged to release any liability and to hold Tutored, as well as its affiliates and its representatives, its agents, its employees and third parties to which Tutored has granted rights on the uploaded materials, free from all the losses, damages, responsibilities, costs, burdens and expenses, including the possible legal expenses that might be suffered or sustained by Tutored as a consequence of any publication of Contents uploaded by the User on Tutored, and/or of any default from the User of the obligations and warranties written in this contract and however connected to the use of the service, also in case of compensation for damages claimed by third party.
19. Service suspension
19.1. Tutored retains full right to remove, without notice, the account of the User and any content produced and published by him that violates the conditions of these Terms and Conditions.
19.2. Removal might occur also in case of content reported as abusive/unlawful/copyrighted by other Users or third parties to Tutored. In such cases, Tutored shall also retain all rights to compensate any damage occurred with the infringing User, as per article 11 and 12.
20. Removal of the account for inactivity
20.1. If the User does not use the services provided by Tutored for a period of 24 months in succession, Tutored will have the right to disable his access to the site.
21. Changes of terms and conditions of use
21.1. Tutored retains the right to modify these terms and conditions in every moment and without any previous notice. In using the service, the User has to completely accept the new conditions.
22. Contract termination
22.1. According to article 1456 of the Italian Civil Code this Contract may be terminated with no prior notice in case of any breach of the above terms and conditions. In such case Tutored shall not be liable of any indemnification to the User. At the same time the User shall be liable for losses, damages and other indemnifications to Tutored, arising as a consequence of the breach.
23. Contract conservation
20.1. Should one or more of the provisions of these Terms and Conditions be declared null, void, even in part, the remaining part shall maintain its validity and Tutored will amend the Terms and Conditions adequately.
24. Applicable law and competent Court
24.1. These contract shall be governed by the Laws of Italy.
24.2. For any disputes arising because of or under the above Terms and Conditions the Courts of Law at Rome, Italy shall have exclusive jurisdiction.
24.3. The use of Portal/services thereon is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
According to article 1341 of the Italian Civil Code, the User has read and accepts the terms contained in Articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23 and 24.