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TEACH ME 2 CLIENT TERMS AND CONDITIONS

INTRODUCTION
1. Teach Me 2 offers a service to introduce Tutors and Students to each other for Tutors to provide Lessons to Students.
2. By entering into this Agreement, the Client appoints Teach Me 2 to provide the Services to the Client on the terms and conditions set out in this Agreement.
3. In this Agreement, the following definitions apply:
  1. "Agreement" means this agreement and any annexures or schedules to this Agreement, including Teach Me 2's privacy policy;
  2. "Client" means a Student who is 18 (eighteen) years old or older or, in the case of a Student who is under the age of 18 (eighteen) years old, a Parent of the Student or any legal entity or other adult, who enters into this Agreement to use the Services;
  3. "Fees" mean the amounts payable by the Client for the Lessons;
  4. "Lesson Package" means a number of Lessons purchased by the Client as a package;
  5. "Lesson Schedule" means the register signed by the Client acknowledging that the Lesson has occurred;
  6. "Lessons" means each session in the Lesson Package that a Student receives from a Tutor;
  7. "Parent" means the person acting on behalf of the Student, such as a parent or guardian or carer or other party of the Student where the Student is under the age of 18 (eighteen) who is responsible for such Student and is legally authorised to act on the Student's behalf;
  8. "Services" means the services as further described in clause 2 below;
  9. "Stripe" means the third party payment provider, Stripe Payments Europe, Ltd. and its subsidiaries and affiliates; and
  10. "Student" means the person receiving the Tutoring Services from the Tutor;
  11. "Teach Me 2" means:
    1. Teach Me 2 Proprietary Limited (South African registration number 2018/199351/07), a private company incorporated under the company laws of the Republic of South Africa, with its registered address situated at 6 Thicket Street, Newlands, Cape Town, 7700; email hello@teachme2.com; and
    2. TeachMe2 Limited (United Kingdom company number 11404405), a private limited company, duly incorporated in terms of the applicable laws of England and Wales, with its registered address situated at 10 Wellington Street, Cambridge, United Kingdom, CB1 1HW; email hello@teachme2.co.uk,
  12. "Tutor" means the tutor that will provide the Lessons to Students.
THE SERVICES
1. Teach Me 2 shall provide the following Services:
  1. sourcing of appropriately qualified Tutors and proposing a suitable Tutor to the Client for the Student's tutoring needs;
  2. the sale of Tutoring Packages on behalf of Tutors;
  3. introducing Tutors to Clients for Tutors to provide the Lessons;
  4. co-ordinating Lesson scheduling;
  5. administrating and facilitating regular progress feedback reports by Tutors;
  6. replacing Tutors for future Lessons if required;
  7. collecting the Fees from Clients; and
  8. attending to any other reasonable administrative services for purposes of the Tutor providing the Lessons to the Student.
RELATIONSHIP BETWEEN TEACH ME 2 AND TUTORS
1. The Client acknowledges that Teach Me 2 does not employ Tutors, does not represent itself as a school nor does it provide the Lessons. Tutors are independent contractors and Teach Me 2 acts as an agent for Tutors to facilitate the relationship between the Tutor and the Client for the provision of Lessons to Students.
2. Teach Me 2 is commissioned by Tutors to represent and support them, which representation includes Client-related support, negotiation of Fees, management of logistics, facilitation of value-added services and collection, holding and releasing of Fees payable to the Tutor. according to an agreement between the Tutor and Teach Me 2.
CONSENT REQUIRED FOR MINORS
1. Any Student under the age of 18 (eighteen) years requires the consent or assistance of a Parent to legally enter into this Agreement.
2. Teach Me 2 accepts no responsibility for invalid consent being provided by a Client. Any legal action taken against a minor as a result of their use of the Services or the Lessons is independent from Teach Me 2 and Teach Me 2 will not be a party to any such legal action.
FEES AND PAYMENT
1. Fees. The Client agrees to pay the Fees for the Lessons that will be provided in terms of the Lesson Package purchased. Teach Me 2 collects payment on behalf of the Tutors and will provide the Client with the details setting out the number of Lessons that have been scheduled with a Tutor and the relevant cost.
2. Payment. All Fees are due and payable as agreed between the parties, but at all times subject to a fee becoming due and payable immediately once a Lesson has been completed.
3. Manner of payment. All Fees must be paid to Teach Me 2 only who receives payment on behalf of Tutors. Teach Me 2 will advise the Client on the relevant payment details and payment methods available, which may include:
  1. credit or debit card payment via Stripe;
  2. debit orders, provided that the Client agrees to a fixed number of Lessons per month and completes the necessary debit order mandate;
  3. electronic funds transfer (EFT), provided that the Client makes payment of the Fees upfront; and
  4. any other payment method made available by Teach Me 2.
4. Debit orders and Recurring Billing. Where a debit order or recurring billing is used to pay the Fees, the Client will receive the agreed number of Lessons every month until the debit order or recurring billing is cancelled. In the event that the agreed number of Lessons are not used in a particular month, the Client and Teach Me 2 shall agree to suspend the Lessons and carry the Lessons forward to be used by the Client in the future in terms of clause 7.3 and subject to the terms of this Agreement.
5. Changes to Fees. The Fees may change from time to time on 30 (thirty) days' notice. Fee changes will not affect or change Lesson Packages already paid for.
6. Taxes. All Fees include Value Added Tax in terms of the Value Added Tax Act 89 of 1991. To the extent allowed under applicable laws, the Client is responsible for any other applicable taxes.
7. Stripe. If and when using Stripe to pay the Fees, you will be required to agree to the terms and conditions stipulated by Stripe and agree to pay any fees that may be charged by Stripe.
8. Third party payment gateways. If you pay the Fees through a third party payment gateway, you will be required to agree to the terms and conditions stipulated by any such third party and agree to pay any fees that may be charged by the third party.
9. Under no circumstances will Teach Me 2 be responsible for any fees incurred by you to Stripe or any third parties.
10. Additional charges. If you cancel a payment by giving instruction to your bank to return your funds, and they do so, or the billing details provided are no longer valid, you will be liable to us and/or Stripe or a third party payment provider for any penalty which we or Stripe or the third party payment provider incur to that bank or other payment processor.
11. Foreign currency. If the Fees are described in a different currency to that which you use, you accept all risk for any currency fluctuations and you undertake to pay the Fees in full in our stated currency. You similarly undertake to pay any levy that may arise because of the currencies differing.
12. Exchange control. Where you make payment of the Fees from one country to another, you may be subject to the exchange control regulations and limitations of the country from which the payment is being made. In these circumstances, you agree that any limitation or regulation that is applicable to you, must be accounted for by you in a manner to ensure payment of the Fees in terms of this Agreement.
13. No direct payment to Tutors. The Client acknowledges Teach Me 2's role to accept payment of fees for Lessons on behalf of the Tutor and agrees that all Fees will therefore be paid directly to Teach Me 2. The Client agrees to not under any circumstances pay Tutors directly. Any payments of Fees made to Tutors will not negate the Client's obligation to pay the Fees to Teach Me 2 and Teach Me 2 will not be required to recoup any Fees paid to Tutors.
14. Late Payments. Should the Client fail to make payment prior to commencement of a scheduled Lesson, Teach Me 2 reserves the right to suspend the Lessons until such payment is received. Once payment has been received by Teach Me 2, the suspended Lessons may be rescheduled, subject to the Tutor's availability. This clause does not apply to Clients who make payment of the Fees via debit order and who have signed the necessary debit order mandate prior to the commencement of a scheduled Lesson.
15. Cooling off. The Client may cancel any Lesson Package purchased from Teach Me 2 within 14 (fourteen) calendar days of purchasing the Lesson Package, reckoned from the date of payment of the Fees, unless the Client has already started to receive the Lessons.
  1. Once the Client has started to receive the Lessons, the Client's cooling off right expires if the Client is in South Africa.
  2. Where the Client is in the United Kingdom and has started to receive the Lessons during the cooling off period and elects to exercise the cooling off right, the Client will be liable for the Fees in respect of the Lessons already received.
16. Refunds. In the event of you cancelling any unused Lessons in a Lesson Package, Teach Me 2 will provide a pro-rata refund for the unused Lessons.
17. Reasonable cancellation fee. Where this Agreement or a Lesson Package is cancelled, the Client may be charged a reasonable cancellation fee in terms of applicable law. The cancellation fee will be determined by taking into account the circumstances of and reasons for cancellation, the number of Lessons remaining in the Lesson Package purchased, the time remaining before the next scheduled Lesson and the ability of Teach Me 2 to find an alternative student to assign the Student's Tutor to, but will at a minimum be the equivalent of the price of 1 (one) Lesson.
18. Payment of refunds. In the event of a refund being provided, Teach Me 2 will credit the Client with the Fees being refunded within 14 (fourteen) (if you are a Client in the United Kingdom) and 30 (thirty) (if you are a Client in South Africa) calendar days of agreeing to the refund by making payment to the Client's bank account as nominated in writing.
19. Transaction records. Teach Me 2 will make all documentation relating to transactions that have been concluded available via email.
LESSON PACKAGES AND LESSONS
1. Lesson description. The Lesson type (e.g. single Student or group of Students) and Lesson duration (e.g 2 hours) of a Lesson Package purchased are fixed and cannot be modified without the express approval of Teach Me 2, which approval may be withheld if Tutors cannot be sourced for Lesson variations. This is due to Lesson pricing being determined according to Lesson description parameters across the full Lesson Package. The Fees may change due to changes to the Lesson description and Teach Me 2 will provide the Client with an updated invoice in such cases. The Client will be required to accept and pay the updated Fees in accordance with this Agreement in order to secure the updated Lesson description and schedule Lessons.
2. Late arrival by Student. Should the Student arrive late for a Lesson, such Lesson will not be extended and will end at the scheduled time according to the Lesson description. The Client shall make every effort to inform the Tutor of its estimated time of arrival.
3. Late arrival by Tutor. Tutors are obliged to arrive at Lessons on time. However, where the Tutor is late, the Tutor will inform the Client and Teach Me 2 as soon as possible and provide an estimated time of arrival and the actual time of arrival. The Client will be credited with the time that the Tutor was actually late, in increments of 5 (five minutes), which will be redeemable at the Client's election or at the end of the Lesson, taking into account the Tutor's schedule and availability. Teach Me 2 will provide an official record to the Client and Tutor reflecting the time that is due to the Client.
4. Signing of Lesson Schedules. The Client must confirm the occurrence of Lessons by signing the Lesson Schedule provided by the Tutor at the end of each Lesson. The Client acknowledges and accepts that its signature on the Lesson Schedule will be sufficient proof of the occurrence of each Lesson and that a Lesson Schedule may not be disputed after 30 (thirty) calendar days from the date of each Lesson.
5. Additional Lessons. Should the Client need to purchase additional Lessons at certain times, during exam periods for example, the Client and Teach Me 2 will negotiate the Lessons, the applicable Fees and will schedule the Lessons accordingly, taking the Tutor's schedule into account. The Client will be liable for payment of the additional Fees as agreed with Teach Me 2 but may be required to make payment for the additional Lessons upfront via EFT. EFT payment for the additional Lessons is required where payment of the Fees for the usual Lessons is done via monthly debit order or recurring billing. The Client acknowledges that the scheduling of the additional Lessons is dependent on the Tutor and that the Client may be required to receive the Lessons from a different Tutor.
RESCHEDULING OF LESSONS
1. Rescheduling notice requirement. Should the Client wish to reschedule a Lesson, the Client must provide Teach Me 2 with a minimum of 6 (six) business hours' written notice (business hours being the hours between 08h00 and 17h00 on a business day, being Monday to Friday, excluding all official public holidays) ("BusinessHours"), prior to the commencement of the scheduled Lesson to avoid forfeiting the Lesson. For example, a Lesson scheduled for 13h00 on Tuesday should be rescheduled by 16h00 on Monday. The Client acknowledges that it may be liable for the Fees in respect of any Lessons that are scheduled to occur in the case where the Client does not provide adequate notice to Teach Me 2.
2. Repeated rescheduling. The Client acknowledges that repeated rescheduling of Lessons may impact the ability or inclination of a Tutor to complete a Lesson Package and may impact Teach Me 2's ability to timeously substitute a Tutor to complete such Lesson or Lesson Package. Accordingly, if a Tutor withdraws from the Lesson Package and/or the Client's rescheduling causes scheduled Lessons to be postponed, the Client acknowledges and accepts that a refund shall not be warranted on account of any resulting delays in appointing a new Tutor or rescheduling Lessons.
3. Suspension of Lessons. Where the Client has purchased a fixed number of Lessons to occur each month via debit order or recurring billing and needs to postpone the Lessons, Teach Me 2 and the Client will agree to suspend the Lessons for an agreed period and will reschedule the Lessons for a future date, taking into account the Tutor's schedule. The Client must provide Teach Me 2 with 30 days written notice.
TUTORS
1. The Client acknowledges that different Tutors may be sourced by Teach Me 2 to carry out different Lessons if required by the Client or if a sourced Tutor fails to complete the Lessons in a Lesson Package by withdrawing from the Lesson Package.
2. Replacement of Tutors. In the event that the Client is not satisfied with the Lessons provided by a Tutor, Teach Me 2 shall endeavour to replace such Tutor with an alternative Tutor which it deems suitable for the needs of the Student. The Client acknowledges and accepts that in such circumstances, delays may be experienced in sourcing a suitable replacement Tutor and agrees to co-operate with Teach Me 2 where possible to ensure that a new Tutor is appointed efficiently. The Client shall ensure that all replacement requests are made in accordance with the Lesson rescheduling notice requirements in clause 7.1 to avoid any forfeiture of Lessons (i.e. a minimum of 6 Business Hours' notice). The Client acknowledges that it may be liable for the Fees in respect of any Lessons that are scheduled to occur in the case where the Client does not provide adequate notice to Teach Me 2.
3. Withdrawal by Tutor. The Client also acknowledges and accepts that Tutors have the right to withdraw from a particular Lesson Schedule on reasonable notice and for various urgent reasons (including the Tutor's exam or work schedule, legitimate safety concerns, changes to scheduled Lessons, family emergencies, transport problems and illness amongst others) and that Teach Me 2 cannot be held responsible for any reasonable inconvenience caused by such event. Teach Me 2 shall be obliged to source an appropriate replacement Tutor as soon as reasonably possible.
4. Grounds for cancellation or refund. The request by the Client to replace a Tutor or the reasonable withdrawal by the Tutor from a Lesson Package shall not be grounds for cancellation of the Lesson Package or this Agreement and shall not entitle the Client to a refund unless:
  1. Teach Me 2 is unable to propose an alternative Tutor within 30 (thirty) calendar days of the Client's request to replace a Tutor; or
  2. Teach Me 2 is unable to propose an alternative Tutor within 14 (fourteen) calendar days of the withdrawal by the Tutor.
5. Interim measures. When a replacement request is made, or a Tutor withdraws from a Lesson Package, Teach Me 2 will automatically suspend all scheduled Lessons in a Client's Lesson Package. During this period, the Client will not forfeit any Lessons in the Lesson Package.
NON-CIRCUMVENTION
WARRANTIES AND REPRESENTATIONS
1. Teach Me 2 warrants that all Services provided in terms of this Agreement shall be provided in a workmanlike manner and that Teach Me 2 will comply with its obligations in terms of this Agreement. Save for this warranty, Teach Me 2 gives no other warranties and makes no representations to the Client. The Client's sole and exclusive remedy for breach of warranty shall be re-performance of the Services, or termination of this Agreement and return of the portion of the Fees paid by the Client.
2. The Client warrants to and in favour of Teach Me 2 that:
  1. the Client has the legal capacity to agree to and be bound by this Agreement and is 18 (eighteen) years or older; and
  2. this Agreement constitutes a contract valid and binding on and enforceable against the Client.
3. Each of the warranties given by the Client will:
  1. be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in this Agreement;
  2. continue and remain in force irrespective of whether this Agreement or the Lesson Package is suspended or cancelled; and
  3. be deemed to be material.
LIMITED LIABILITIES
1. Except as expressly provided for in this Agreement or in terms of applicable law, Teach Me 2 will not, under any circumstances, be liable to the Client for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts which the Client may sustain or suffer (or with which the Client may be threatened) as a result of, whether directly or indirectly, any act or omission in the course of or in connection with the implementation of this Agreement or in the course of the discharge or exercise by Teach Me 2 or its employees, agents, professional advisors or delegates of their obligations or rights in terms of this Agreement or the termination of this Agreement for any reason.
2. Where any matter results in a valid claim against Teach Me 2, Teach Me 2's liability will be limited to the Fees paid by the Client in respect of the Lesson Package purchased by the Client from which the valid claim arose, unless the matter arose as a result of the gross negligence of Teach Me 2.
INDEMNITY
SAFETY AND INDEMNIFICATION
1. Screening and Safety Policy. Even though Teach Me 2 does not employ any Tutors and only acts as agent for the Tutor who provides the Lessons directly to the Student, Teach Me 2 implements a company safety policy in determining Tutor-Student match-ups, taking into account factors relating to age and gender of both Tutors and Students. However, subject to applicable laws, Teach Me 2 cannot be held responsible for the personal actions of Tutors. As per clause 3, Tutors provides Lessons directly to Students as independent contractors and are individually accountable for their actions.
2. Indemnity. In light of clause 13.1 above and subject to applicable laws, the Client hereby indemnifies and holds Teach Me 2 harmless against claims arising from any act or omission by any Tutor who provides Lessons to the Student as a result of this Agreement.
3. Onus on Client. The Client acknowledges the need to take every precaution necessary in dealing with Tutors, as they would with any other independent contractor in their home, which may include but is not limited to supervising Lessons, particularly where minor Students are involved.
4. Reporting to Teach Me 2.The Client agrees that it will inform Teach Me 2 of any negative incidents that may occur with a Tutor so that Teach Me 2 may, at its discretion, investigate and take any steps it deems necessary and appropriate in the circumstances. Where the Client reports any incidents to Teach Me 2, Teach Me 2 shall not be liable to take any action against the Tutor, and the Client acknowledges and accepts that it is the Client's responsibility to pursue any official action against the Tutor.
5. Replacing Tutors. In the event of any negative incident occurring with a Tutor and the Client, the Client may request that the Tutor be replaced. In such circumstances, the provisions of clause 8 will apply.
ACCEPTABLE USE
1. make all necessary information available to the Tutor prior to each Lesson that the Tutor may require in order to properly assist the Student during each Lesson;
2. only use language that is appropriate and not offensive or discriminatory and treat the Tutor fairly and with respect;
3. ensure that all communications with the Tutor are appropriate and limited to what is relevant for the Lesson;
4. not discuss any personal matters with the Tutor or rely on the Tutor for any form of counselling;
5. not make any inappropriate suggestions to the Tutor;
6. not send any unsolicited communications to the Tutor;
7. report any dispute or issue, including any inappropriate behaviour or illegal activity, with a Tutor to a Parent and/or Teach Me 2;
8. where the Student is a minor, ensure that a Parent is present during the Lesson or that the Student is comfortable to continue the Lesson without a Parent being present.
CANCELLATION AND SUSPENSION
1. At any time, and without cause, Teach Me 2 may cancel or suspend the Client's access to and/or use of the Services and cancel any future Lessons in its sole discretion without any liability if the Client is in breach of this Agreement.
2. If any party to this Agreement breaches any material provision or term of this Agreement and fails to remedy such breach within 14 (fourteen) days of receipt of written notice requiring it to do so then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under this Agreement (including obtaining an interdict), to cancel this Agreement or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party's right to claim damages.
DISPUTES
1. In the event of a dispute between the Client and a Tutor regarding their working relationship or the Lessons conducted, the Client authorises Teach Me 2 to assist in investigating and mediating such dispute with the Tutor on its behalf.
2. Any dispute which arises out of or pursuant to this Agreement between the Client and Teach Me 2 (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction) shall be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force in the Republic of South Africa.
3. That arbitration shall be held:
  1. with only the parties and their representatives present;
  2. at Cape Town.
4. The parties shall use their best endeavours to procure the expeditious completion of the arbitration.
5. The provisions of this clause are severable from the rest of this Agreement and shall remain in effect even if this Agreement is terminated for any reason.
DISCLAIMER
GENERAL
1. Changes to the Services. Teach Me 2 shall inform Clients of any material changes to the Services by manner of email or prominent notice on its websites. Continued use of the Services after this notice has been displayed shall be deemed as your acceptance of the changes to the Services.
2. Intellectual Property. The Client acknowledges and agrees that all right, title and interest in, and to, any of Teach Me 2's intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on Teach Me 2's websites or the Services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to Teach Me 2 or the respective owner(s)' property and will remain our or the owner's property at all times. The Client agrees that it will not acquire any rights of any nature in respect of that intellectual property by using the Services.
3. Personal information. Teach Me 2 takes the right to privacy seriously and is committed to taking steps to protect the Client's and Tutor's privacy when using the Services and implements business practices that comply with applicable laws, including the Protection of Personal Information Act 4 of 2013 ("POPI") and the General Data Protection Regulation ((EU) 2016/679) ("GDPR"). All personal information of Clients and Tutors will be processed in accordance with Teach Me 2's privacy policy and in compliance with applicable laws. The privacy policy can be found on Teach Me 2's websites.
4. Entire agreement. This Agreement constitutes the whole agreement between the parties relating to the subject matter of this Agreement and supersedes any other discussions, agreements and/or understandings regarding the subject matter of this Agreement.
5. Confidentiality. Neither party shall disclose any confidential information to any third party without the prior written approval of the other party, unless required by law.
6. Law and jurisdiction. This Agreement and all obligations connected to it or arising from it shall be governed and interpreted in terms of the laws of South Africa. Each party submits to the jurisdiction of the South African courts.
7. Good faith. The parties shall in their dealings with each other display good faith.
8. No waiver. The failure of Teach Me 2 to insist upon or enforce strict performance by the Client of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of Teach Me 2's right to enforce any such provision or right in any other instance.
9. No assignment. The Client will not be entitled to cede its rights or delegate its obligations in terms of this Agreement without the express prior written consent of Teach Me 2.
10. Relationship between the parties. The parties agree that neither party is a partner or agent of the other party and neither party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
11. No representation. To the extent permissible by law, no party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
12. Severability. Any provision in this Agreement which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement.
13. No stipulation. No part of this Agreement shall constitute a stipulation in favour of any person who is not a party to this Agreement unless the provision in question expressly provides that it does constitute such a stipulation.
14. Notices.
  1. Teach Me 2 selects the address and email address indicated on each invoice and in clause 1.3.11 above, as updated from time to time, as its physical and email address for the service of all formal notices and legal processes in connection with this Agreement.
  2. The Client hereby selects the physical and email address indicated on each invoice as its physical and email address for service of all formal notices and legal processes in connection with this Agreement. The Client may change these details by providing Teach Me 2 with 7 (seven) days' notice in writing.
  3. Service via email shall be accepted in all cases where notice is required. Service via email is deemed to be received at the time and date of sending, subject to the terms of this Agreement that may regulate alternative specific notice requirements in some instances.

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TEACH ME 2 CLIENT TERMS AND CONDITIONS