Terms of Service

 

 

These Terms & Conditions (hereinafter referred to as the “Terms of Service” or “Terms of Use”) shall govern the relationship between JTC Education FZ LLC, an entity bearing Registration Number: 52000191, and having its principal office address at JT030113, Compass Building, Al Shohada Road, AL Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates (hereinafter referred to the “Company” or “JTC Education” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user(s)” or “parent(s)” or “student(s)”), and shall govern your use of our website – www.jtceducation.com/, and our mobile application, “JTC Education”, as available on Apple App Store and Google Play Store (hereinafter referred to as the “Platform” or “Site” or “Website” or “App”). JTC Education booking app allows the parents and students to book their favourite lessons with Tutors in a seamless manner. (hereinafter referred to as the “Service”)
In case you are a Tutor, please refer to our Tutor Agreement as may be applicable to you. 


These Terms are applicable on the general visitors, registered parents, and registered students of JTC Education


Please read these Terms carefully, as these, along with our Legal Disclaimer, Cancellation & Refund Policy, Cookie Policy, and Privacy Policy statement forms the entire agreement between you and JTC Education. If you do not accept these Terms in its entirety, then you shall not use the Platform or book the service of any Tutor on JTC Education.


Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement and Cookie Policy. These Terms shall be read in conjunction with our Legal Disclaimer, Cookie Policy, Cancellation & Refund Policy, and Privacy Policy statement.


1. ACCEPTANCE OF THESE TERMS


By accessing, registering, or using the Platform as a parent/student, or by booking and/or making the payment for the classes of the Tutors (individual or group class) on our Platform, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
  
i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time on the website and App.
ii. You are of sound mind and at least of such minimum legal age as per the jurisdiction of the State in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you must have the permission of your lawful guardian to register and book classes on the Platform. In case you are under the age of 13, you are not allowed to use our Platform or make bookings or payments without us firstly receiving a verifiable consent from your parents/legal guardian. Additionally, if you are in the EEA, you must be over the age required by the laws of your country to create an account or otherwise make bookings or payments on the Platform, or we need to have obtained verifiable consent from your parent or legal guardian.
iii. We must not have previously disabled your account for violation of law or any of our policies.
iv. You agree, understand and acknowledge that the we are an intermediary platform that connects you with the third-party Tutor for availing their services directly from them, and as such we are only a facilitator between the Tutors and the users, and we cannot be a party to or control in any manner any provision of service by such Tutors, or the transactions that you may enter into with such Tutors, or your interaction with them. Accordingly, the contract of sale of service shall be a strictly bipartite contract between you and the respective Tutor, and we shall not be liable to you for
deficiency or non-provision of services in any manner.
v. You have read, understood and consented to our Legal Disclaimer, Cancellation & Refund Policy,
Cookie Policy, and Privacy Policy statement posted on our website and App.


2. IMPORTANT TERMS


For the purposes of these Terms, and all other policies of JTC Education, the following capitalised terms shall have the following meaning:
a) ‘App’ refers to our mobile application “JTC Education”, as available on Apple App Store and Google Play Store.
b) ‘User(s)’ shall refer to the users or parents or students who book the services of the Tutors, and/or make payments for their services through the Platform.
c) ‘Tutor(s)’ shall refer to the tutors who are providing their services to the students of JTC Education.
d) ‘JTC Education Content’ or ‘Our Content’ shall refer to all the content belonging to JTC Education on the Platform, including without limitation, trademark, tradename, domain, logos, text,
graphics, images, software, information or other materials.
e) ‘Tutor’s Content’ shall refer to all the content posted by the Tutor on the Platform, such as his/her
profile, bio, qualification, expertise, etc.
f) ‘Platform’ shall refer to the platform of JTC Education, and shall include the website and App.
g) ‘Service’ shall refer to the services of the Platform provided by JTC Education through its website
and App.
h) ‘Tax’ or ‘Taxes’ mean any taxes, whether municipal, provincial, state and federal indirect or other
withholding and personal or corporate income taxes.
i) ‘Terms’ shall refer to these Terms & Conditions as applicable to the Users.
j) ‘Website’ shall refer to www.jtceducation.com/.


3. ACCOUNT REGISTRATION, PASSWORD AND SECURITY


a) Account: To access various parts of the Platform, and to avail various Services, you are required to
register and create an account with us through our App. Registration is free. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
b) Linking account with child: After sign-up, parents/guardians may purchase booking credits from the ‘balance’ page and link their account with their children through the ‘Manage Children’ tab. After doing this, parents/guardians may manage their own children’s schedules or choose to delegate all scheduling to the children themselves. Please note, a child/student user cannot take any actions affecting their Parent’s balance (including without limitation, booking or cancelling or accepting lessons) without the Scheduling Privileges button being switched on under the Manage Children sidebar tab.
c) Security: You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account and under your child’s account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We ask that you should not share your account or password with any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account or balance by you or your child or any third-party.
d) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.
e) No Selling: You are expressly prohibited from selling or transferring or gifting your account to any other person or entity, without our prior written consent.
f) Inactive Account: If your user account is inactive for a period of 180 days, then we reserve the right to delete/close your account. We will send you an email before doing this in order to provide you with an opportunity to utilize your account balance. If your account is deleted for this reason, your account balance and credits will be lost.
g) Account Deletion: You can delete your account on JTC Education at any time. If you delete your account, all the credits present in your JTC Education App wallet will be lost. Therefore, we strongly recommend you to either utilise your credits, or request us to transfer them to your original method of payment before deleting or closing your account. Please note, bonus credits (if any issued) will not be transferred to your bank.


4. HOW CAN YOU USE THE PLATFORM?

i. Allowed uses:
a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the Services on the Platform.
b) Information: Whenever prompted, you must provide us with the correct, accurate and updated information about yourself. All the submitted information will be processed in accordance with our Privacy Policy statement.
c) Booking a lesson: You may find your ideal Tutor through filtering by level, subject and availability. Details for all lessons (meeting links, emails and cancellation buttons) can always be found by clicking on a lesson in the ‘My Lessons’ page.
d) Follow-up notes: Follow up notes are sent by your Tutor after the end of a lesson. You can easily access follow-up notes from each lesson through the App or via your email. If you did not receive the notes, please contact us at enquiries@jtceducation.com.
e) Weekly-recurring slots: Reserve a weekly lesson and let our app take charge of rebooking the same day and time for you each week. In such cases, as long as you have sufficient balance, the App will automatically book your weekly lessons for the same day and time at the end of that week’s lesson, until cancelled by you.
f) Parent-Student connections: You can easily link with your child’s account, and manage or delegate their bookings.
g) Material: For the purposes of these Terms, “material” shall mean any logos, trademark, text, video, graphics, sound material, published on the Platform, whether a copyright of JTC Education, Tutors, other users, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Platform. You must not reproduce any part of the Platform or the material or transmit it to or store it in any other Platform or disseminate any part of the material in any other form, unless we have indicated that you may do so.
ii. Restricted uses:
a) You can’t impersonate others, create duplicate accounts, post someone else’s photo as your profile picture, or provide inaccurate information about yourself.
b) You may be able to post profile pictures, and/or interact with the Tutor. However, you cannot post, raise, or comment on any political, racist or such other issue which affects a person, community or society. You must not be abusive with the Tutor. We reserve the right to remove content that violates any of our policies or applicable law.
c) You must not add any inappropriate request or additional notes for a lesson.
 d) You must not misuse or exploit our cancellation policy in any manner. We reserve the right to suspend or terminate your account if we feel that you are exploiting our cancellation policy.
e) The user must not misuse or interfere with the Services or Platform or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and as per the directions provided by us.
f) The user must not:

g) You must not use our Platform in any way that causes, or may cause, damage to the
Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
h) The user must not use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
i) The user must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform.
In case of your violation or non-compliance of any of the terms mentioned in these Terms, we reserve the right to suspend or terminate your account or your access to the Platform or our Services, at our sole discretion, and in such cases, all the balance lying in your JTC Education account will be forfeited without any compensation.


5. OUR CONTENT AND RIGHTS


Our website, domain (www.jtceducation.com/), App, software, platform, logos, JTC Education Content, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of JTC Education, Tutors, and/or its licensors, as the case may be. Your use of or access to our Site or Platform or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Platform, our services, any content (except your own content), designs, published by us or our licensors or third parties. This Platform and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Platform are the exclusive property of, or are licensed to JTC Education and are protected under applicable law. No use of a trademark, trade dress, trade name, domain, content or design appearing on our website/App may be made without the prior written permission of JTC Education.


6. CONTENT POSTED BY TUTORS


While using our Platform and our Services, you may encounter content or information (such as bio, education qualifications, photos, videos, etc.) that is posted by Tutors. Therefore, there is a likelihood that such information or content be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. JTC Education generally does not review content provided by our Tutors or other users. We disclaim all guarantees and liabilities in this respect. However, if you come across a content that is hosted on our Platform, and is against any of our policies or applicable law, you can report that content to us at enquiries@jtceducation.com.


7. RELATIONSHIP WITH JTC EDUCATION


JTC Education merely makes the Platform and Services available to enable Tutors and Users to find and transact directly with each other. JTC Education does not introduce Tutors to Users, or select Tutors for Users. The users are responsible for evaluating and determining the suitability of any Tutor or their services on their own. We assume no responsibility with respect to any loss that you or your child may suffer as a result of availing the services from the Tutors through our Platform. All responsibilities in this respect shall lie with the respective Tutor, as the case may be. If you decide to avail the services of a Tutor, the service contract is directly between you and the respective Tutor, and JTC Education is not a party to that contract. To cancel a confirmed lesson, please refer to our Cancellation & Refund Policy posted on the website and App.


8. PRIVACY POLICY


In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our website and App.


9. LINKS TO THIRD-PARTY LINKS


The Platform might contain links to third-party websites, products and services (for example, link for live class or payment links). Such third-party links are not under the control of JTC Education, and JTC Education is not responsible for any third-party links or services provided by the Tutors. JTC Education provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links or the services of the Tutors. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such a third-party platform, and you get out of the jurisdiction of our Platform. Therefore, you shall be governed by the terms, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or services of the Tutors, JTC Education shall not be responsible.


10. PAYMENTS


The booking and payments can be made for the Tutor’s services on the Platform. Once a parent/guardian
signs up, they may purchase booking credits from the ‘balance’ page and link their account with their children through the ‘Manage Children’ tab. After doing this, parents/guardians may manage their own children’s schedules or choose to delegate all scheduling to the children themselves. Provided you have enough balance, you may send a lesson request to any Tutor on the App at any time through the ‘Book a Lesson’ page. If such Tutor is certain that they can help you with your request, they will accept your lesson, which then will appear as confirmed in your ‘My Lessons’ page. We assume no responsibility with respect to any loss that you or your child may suffer as a result of booking or paying through our Platform. All responsibilities in this respect shall lie with the respective Tutor, as the case may be. You shall be responsible to bear all the applicable taxes (wherever applicable). We reserve the right to modify (and increase) the prices of any and all lessons on JTC Education. This may also affect the cancelled lesson if you try booking it after we have raised our prices. We also reserve the right to discontinue any part of the Platform (or indeed the whole platform), at any time at our sole discretion, without any prior notice.


11. LIMITATION OF LIABILITY


To the maximum extent permitted by law, in no event shall JTC Education (or our licensors or affiliates) be liable to you, your child, or any third party for any educational loss, academic loss, financial loss, transaction failure, fraud, loss occurred due to classes or services or answers availed/received from Tutors, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use the Platform, even if JTC Education has been advised of the possibility of such damages. Access to, and use of, the Platform is at your own discretion and risk, and you will be solely responsible for any damage to yours, and/or your child’s education, person or device or computer system, or loss of data resulting therefrom. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount paid by you for the respective lesson in question. The existence of more than one claim will not enlarge this limit. In case where the App is down, either due to planned maintenance or due to some technical glitch or error, we will not be liable to compensate you for any reason whatsoever.


12. LEGAL ACTION


If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of JTC Education or any of its Tutors by spreading hate, insulting, false, fake reviews or engaging in mala fide actions, strong legal actions will be taken immediately.


13. INDEMNITY


You acknowledge to defend, indemnify and hold JTC Education, its members, Tutors, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable legal counsel’ fees, made by a third party, relating to, or arising from:
a) Your or your child’s violation of ours or any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;
b) Your or your child’s wrongful or improper use of our services or Platform;
c) Your or your child’s violation of any applicable laws, rules or regulations or any other
applicable law through or related to the use of our services;
d) Your or your child’s violation of these Terms, or any other policy of JTC Education as
associated with our Services;
e) The indemnifications set forth above will survive the termination or expiration of these Terms
and/or your use of our Services.


14. GOVERNING LAW AND DISPUTE RESOLUTION


i. Governing Law: these Terms and any dispute arising from the same will be governed by applicable
laws of the United Arab Emirates.
ii. Exclusive Jurisdiction: Unless otherwise provided by the law prevailing in your jurisdiction, all disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in Ras Al Khaimah (UAE).
iii. Disputes between Tutors and Users: You understand and acknowledge that JTC Education is a mere facilitator between the Tutors and the users, and we in no way are responsible for the conduct of the Tutors or the quality of the services offered by them or for any of their conduct or actions. Therefore, if you have any claim or dispute against a Tutor, you undertake to take it up directly with the concerned Tutor. JTC Education shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that a Tutor has violated our Tutor Agreement or applicable law or any other policy of JTC Education, you can file your complaint at enquiries@jtceducation.com and we will take necessary action in accordance with our policies and applicable law.


15. NOTICES


When you use the Platform or send emails to JTC Education, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Platform. JTC Education will communicate with you by email or by posting notices on the Site/App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to enquiries@jtceducation.com.


16. MISCELLANEOUS


i. Breach: JTC Education reserves the right to put any account on hold or permanently disable
accounts due to breach of these Terms and/or our other policies or due to any illegal or inappropriate
use of the Platform or Services. In such cases, all your account balance will be forfeited.
ii. No Outside Contact: You may be able to communicate with the Tutor via email or in live class. In such a case, you must not circumvent or attempt to circumvent our commission by making booking or payments directly with the Tutor outside of JTC Education. This will be regarded as a serious
breach of these Terms.
iii. Feedback Rights: To the extent that you provide JTC Education with any comments, suggestions
or other feedback regarding JTC Education platform or Site, as well as other JTC Education services (collective, the “Feedback”), you will be deemed to have granted JTC Education an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. JTC Education is under no obligation to implement any Feedback it may receive from users.
iv. Targeted Abuse: We do not tolerate users who engage in targeted abuse or harassment towards other users or Tutors on JTC Education.
v. Severability: If any provisions of these Terms are held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
vi. Waiver: Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between JTC Education and you or any other party be deemed to modify any provision of these Terms.
vii. Survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms, for any reason whatsoever.
viii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
ix. No Assignment: You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of JTC Education, which may be withheld at JTC Education’s sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void.
x. Entire Agreement: These Terms & Conditions, Legal Disclaimer, Cancellation & Refund Policy, Cookie Policy and our Privacy Policy statement, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between JTC Education and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Platform.
xi. Force Majeure: JTC Education and its Tutors will be excused from performance for any period during which, and to the extent that, such party is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, health reasons, personal emergency, sickness, communication line failures, and power failures.
xii. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Platform after any amendments to these Terms shall constitute your acceptance to such amendments.


17. Grievance Officer/Designated Representative


In the event you have any grievance regarding anything related to these Terms & Conditions or Cancellation & Refund Policy or Privacy Policy or Cookie Policy, or with any content or service of JTC Education, in that case you may freely write your concerns to the Grievance Officer/Designated Officer appointed below:
● Name: Joshua Colombi
● Email: joshua@jtceducation.com
● Postal: 1101 A Bloom Towers , JVC, Dubai , UAE


18. Feedback and Information


We welcome your questions or comments regarding these Terms. You can write to us via email: enquiries@jtceducation.com.
Last updated on December 26, 2022

 

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