Modaris: Terms and Conditions

INTRODUCTION

These Terms and Conditions ("Terms and Conditions") governs your use of the Modaris website, located at www.modaris.me, any mobile applications, and services ("Modaris") provided by Dlala Smart Information Technology having its registered office at Al Nasr Tower B, floor 5, West Bay, Doha, Qatar.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE, DOWNLOADING, INSTALLING OR USING OUR MOBILE APPLICATION. BY ACCESSING, REGISTERING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS SET FORTH BELOW AND THE PRIVACY POLICY. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS AND PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS SITE OR DOWNLOAD OUR MOBILE APPLICATION.

WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.

 

General terms

1 Dlala Smart provides this Modaris Site to users seeking tutoring services ("Students") and to users seeking to provide tutoring services ("Tutors"), and to any other entity on whose behalf users accept these Terms. The term "you" or "You" or "User" or "Users" shall refer to Students, Tutors or any person or entity who views, uses, accesses, browses or submits any content or material to Modaris. The Terms are effective upon acceptance and govern the relationship between you and Modaris including the provision of any of the Services on Modaris. In the event the Terms conflict with any other document, policy, content on Modaris, the Terms and Conditions will prevail over them, for the purposes of usage of Modaris. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If you do not agree to be bound by the Terms and the Privacy Policy, you may not use Modaris in any way and should exit immediately. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

 

If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

 

2 Services

You are responsible for your acts and omissions. Modaris is only a marketplace to connect Students and Tutors, in the event that you have any dispute with other user, you release Modaris (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. As independent contractors hired by Students, Tutors control the methods, materials and all aspects of the lessons.

 

We only support the Tutor decisions and choices that you make. These decisions and choices are yours. We cannot make decisions for you. We only help you find connect with Tutors. On Modaris you can ask and find informational questions and related educational answers by Tutors. Students are responsible for selecting the right tutor for their needs. In making hiring decisions, Students should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other students. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.

 

The information provided in Modaris, regarding tutors, review sheets, universities etc. has been compiled by assimilating data from various educational websites, which are available in the public domain. The details provided are for general information only. We update the data regularly to ensure that the information you receive from our website is accurate. For additional requirement of education related information displayed in our website, we recommend you contact the respective tutors.

 

Modaris controls and operates Modaris website and application from various locations and makes no representation that this website is appropriate or available for use in all locations. Modaris services may not be available in your location, and available services may vary among locations. In addition, Modaris will attempt to deliver all correspondence sent via Modaris's messaging system. Modaris does not, however, guarantee delivery of all messages.

 

Modaris reserves the right to withdraw or modify aspects of the Modaris service, or the entirety of it, when and where we have legal or commercial reasons to do so. There may also be times when the Modaris service becomes inaccessible as a result of technical difficulties experienced by Modaris or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.

3 Restricted Activities

You acknowledge and agree that Modaris's services are provided for the purpose of facilitating education and not for any illegal purposes. You agree not to use Modaris to hire tutors for illegal purposes such as to complete assignments, to write test/exam papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Modaris's services for any purpose that violates the academic honesty policy or other conduct policies of your school, college, university, academic institution or workplace. You agree not to use Modaris to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of Modaris; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt Modaris or services or networks connected to Modaris, or disobey any requirements, procedures, policies, or regulations of networks connected to Modaris. You agree not to use Modaris or Mobile Application to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Modaris in its sole discretion.

 

Without our written consent, you may not: (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of Modaris, use of Modaris, or access to Modaris; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access Modaris or monitor or copy our Web pages or the content contained thereon; (iv) deep link to Modaris for any purpose; or (d) frame Modaris, place pop-up windows over its pages, or otherwise affect the display of its pages.

4 Eligibility and conduct

If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. If you are below age of 18, you can use Modaris or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms and Conditions. If you are the parent or legal guardian of a child under the age of 18, you may use Modaris or Services on behalf of such minor child. By using Modaris or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use Modaris or Services. Membership in the Services is void where prohibited by applicable law, and the right to access Modaris is revoked in such jurisdictions. By using Modaris and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein. You agree: (a) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website ("Registration Data"); (b) to maintain the security of your password and identification; (c) to maintain and promptly update the Registration Data and any information you provide to Modaris, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.

 

You may submit feedback regarding your experiences with Tutor on Modaris or Mobile Application, submit inquiries concerning possible educational needs and to participate in the other interactive and community features of Modaris (collectively "Submitted Content"). It is important that you act responsibly when providing Submitted Content. In providing feedback, please give clear, honest information about the Tutor and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or Tutor may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.

 

You acknowledge and agree that by submitting the Submitted Content to us, you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submitted Content throughout the world in any media, now known or hereafter created without attribution, (ii) grant us the right to pursue at law any person or entity that violates Your and/or our rights in Your Submitted Content, and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submitted Content, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submitted Content or any derivative thereof. You further acknowledge and agree that Your Submitted Content is non-confidential and do not contain proprietary information.

 

Except as described in our Privacy Policy, we will not be required to treat any of Your Submitted Content as confidential, and you acknowledge and agree that we may use in connection with our business any of the concepts and ideas contained in Submitted Content without compensation to you and we will not incur any liability to You as a result of any similarities between concepts and ideas contained in Submitted Content and our future operations and business. Except as otherwise set forth in this Terms and Conditions, we will be entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to You or any other person.

 

Submitted Content, including personally identifiable information contained therein are made voluntarily and are subject to the Privacy Policy. You are responsible for Submitted Content and agree to defend us, indemnify and hold us harmless from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which we may incur as a result of Submitted Content.

 

With respect to Submitted Content, you acknowledge, warrant and agree that:

 

a)  If Submitted Content concern Tutor, Submitted Content will be true and accurate, only concern or relate to the care or service that You, Your minor child or Your ward received from the Tutor being reviewed, that You are not related to or employed by the Tutor being reviewed and that You are not impersonating any other person;

b)  If You are a Tutor submitting or editing any Submitted Content, Your Submitted Content will be true and accurate, You are the Tutor specifically identified in the Content being submitted or edited, and Your Submissions will only concern You and the services that You provide.

c)  If You are a person authorized by a Tutor to submit or edit Submitted Content specifically related to that Tutor, Submitted Content will be true and accurate, You are authorized by the Tutor identified in the Submitted Content or edited to make such edits and Submitted Content will only concern that Tutor and the services provided by that Tutor.

d)  You have the right to make Submitted Content without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and Submitted Content will not contain any content, personally identifiable information (other than the name of the Tutor being reviewed), information, or materials of any kind that relates or refers to any other person or entity other than the person or entity being reviewed;

e)  Submitted Content will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (i) libel, defame, or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed, (iv) constitute personal attacks on other individuals, (v) infringe the intellectual property, trade secret or proprietary rights of any third party, (vi) promote criminal or other illegal activity, (vii) promote or advertise any person, product or service or solicit funds, or (viii) are deemed confidential by any contract or policy.

You are permitted to post only one Submitted Content regarding the same Tutor or entity, procedure or subject.

 

We reserve the right to publish your Submitted Content as part of the Service and to also remove your Submitted Content for any reason. We are not, however, responsible for any failure or delay in removing Submitted Content.

 

We do not provide the Submitted Content on Modaris. Users of Modaris provide Content on Modaris. The Tutor determine which questions to answer; they are not employees or agents of Modaris but are independent service providers using Modaris to provide their expert knowledge to users of Modaris.

 

We are not involved in any conversations between users and do not refer you to or endorse or recommend particular Tutor. You understand and acknowledge that we cannot and do not edit, modify, filter, screen, monitor, endorse or guarantee all content on Modaris. We shall not be liable for any acts or omissions of Tutor or, Content, the ability of Tutor to answer questions or the ability of Students to pay for tuitions. We do not ensure that users will complete a transaction.

 

By using Modaris, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use Modaris: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and Conditions of Use and to abide by all of terms and conditions in these Terms and Conditions of Use; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.

 

By using Modaris, you understand and agree that Modaris may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Modaris may revise the Eligibility Conditions any time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using Modaris.

 

You hereby authorize Modaris to verify the above representations and warranties by you and you acknowledge and agree that Modaris shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Modaris may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of Modaris, should it determine that you have violated any representation or warranty.

 

The preceding paragraph notwithstanding, you understand and agree Modaris does not conduct background checks of any User. You also understand and agree Modaris neither confirms nor denies the validity of information provided by Users and that Modaris does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.

 

Modaris expressly disclaims, and you expressly release Modaris from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.

 

Modaris reserves all of its rights to remove anything objectionable to Modaris in its sole discretion. Alleged improprieties by any User may be reported to Modaris by email at info@modaris.me.

5 Fees & Refunds

Modaris may at its sole discretion revise or change the subscription and connect rates without any prior notification. Refunds will be made at the sole discretion of Modaris.


 

6 Third party reports

Modaris may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications ("consumer reports"). Modaris does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. Modaris does not independently verify information in the consumer reports.

 

You hereby consent to Modaris collecting, using and disclosing the information in the consumer reports. You understand and agree that Modaris may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Modaris shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Modaris reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Modaris's sole discretion.

7 Confidentiality of Modaris information

You may obtain direct access via Modaris to certain confidential information of Modaris and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with Modaris and its affiliates.

 

The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Modaris, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Modaris adequate to afford Modaris the opportunity to object to the disclosure.

8 Advertisements and promotions

Modaris may run advertisements and promotions from third parties on Modaris. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Modaris found on or through Modaris, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Modaris is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Modaris advertisers on Modaris.

9 Third Party links

Placement of information, logos, links or names of Tutor or any other third party entities on Modaris does not constitute an endorsement or warranty of their services or opinions or their products. You take full responsibility for a decision to visit or patronize any such entity and hold Modaris harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Modaris or between any User including Tutor or Tuition Centres or any other third party entities and Modaris by formation of this Agreement or by your participation on Modaris.

 

We do not control the information provided by Tutor or Tuition Centres or any other third party entities or users, which you may find to be offensive, harmful, inaccurate, or deceptive.

 

YOU ARE RESPONSIBILE TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH Modaris, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

10 Text message & PUSH notifications

We send various text message and PUSH notifications for new student messages, new message reminders, job opportunities and more ("Text Message Program"). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.

 

Your mobile phone carrier’s standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.

11 Intellectual property rights

Modaris grants you permission (which may be revoked at any time for any reason or no reason) to use Modaris for the services as provided herein and in accordance with these Terms and Conditions of Use and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by Modaris, you may not deep-link to Modaris for any purpose or access Modaris manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of Modaris or any information, content, or material on Modaris. Modaris reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of Modaris or any content contained therein, whether in whole or in part, without prior written consent from Modaris. You may like or follow Modaris or share links to Modaris via social networking technology referenced on Modaris. Any rights not expressly granted herein are reserved.

 

Except as expressly authorized by Modaris or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Modaris discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

 

"Modaris Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Modaris uses in connection with its products and services. You may not remove or alter any Modaris Trademarks, or co-brand your own products or material with Modaris Trademarks, without Modaris's prior written consent. You acknowledge Modaris's rights in Modaris Trademarks and agree that any use of Modaris Trademarks by you shall inure to Modaris's sole benefit. You agree not to incorporate any Modaris Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.

 

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Modaris on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.

13 Termination and suspension

Modaris reserves the right to suspend (deactivate) and/or terminate (delete) any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of Modaris after termination (deletion of profile) or during suspension (deactivation of profile).

14 Disclaimer of warranties

USE OF Modaris IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. Modaris, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. Modaris DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. Modaris MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF Modaris.

 

Modaris MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) Modaris WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN Modaris WILL BE CORRECTED.

 

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM Modaris, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

15 Limitation of liability

Modaris OFFERS A MARKETPLACE FOR THOSE SEEKING TUTORING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE TUTORING SERVICES. YOU UNDERSTAND AND AGREE THAT Modaris HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT Modaris MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT Modaris IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF Modaris. AS SUCH, Modaris EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO Modaris.

 

USERS OF Modaris TRANSACT BETWEEN THEMSELVES. Modaris WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. Modaris IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.

 

YOU UNDERSTAND AND AGREE THAT Modaris HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF Modaris AND THAT Modaris MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT Modaris IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF Modaris, OF ANY USER. AS SUCH, Modaris EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES Modaris FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO Modaris, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF Modaris.

 

TO THE FULL EXTENT PERMITTED BY LAW, Modaris IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH Modaris, EVEN IF Modaris HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE Modaris; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM Modaris; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON Modaris, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Modaris'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO Modaris OR A Modaris PARTNER, IF ANY, OR (B) AUD 5000 (WHICHEVER IS LESS).

 

YOU AND Modaris AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND Modaris AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

 

IF YOU ARE DISSATISFIED WITH Modaris OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Modaris, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 16.

16 Assumption of risk

You agree and understand that you assume all risks when using Modaris, including without limitation any and all of the risks associated with any online or offline interactions with other Users.

17 Indemnification

You agree to indemnify, defend, and hold harmless Modaris and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable lawyer's fees and court costs, incurred by Modaris in any way related to your (a) acts and/or omissions on or off Modaris; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to Modaris; (c) breach of these terms of use; (d) disputes with or between other Users; (e) use and/or misuse of Modaris, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through Modaris. You further agree that you will cooperate as requested by Modaris in the defense of such claims. Modaris reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of Modaris without the written consent of Modaris.

18 Injunction

You agree that any material breach of the Terms will result in irreparable harm to Modaris for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Modaris will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Modaris seeks such an injunction.

19 Notices; modification and termination of services; amendment of and Conditions

Modaris may provide notice to Users via email, regular mail, or posting notices or links to notices on Modaris. Modaris reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Modaris may also delete, or bar access to or use of, all related information and files. Modaris will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. Modaris may amend these Terms at any time by posting the amended terms on this Site.

20 Entire agreement

These Terms and Conditions constitute the entire agreement between you and Modaris relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Modaris or third-party products or services.



 

FOR TUTORS

 

1 A Tutor warrants that he/she is, at least, eighteen years of age, and has the lawfully necessary educational qualifications and/or experience to provide tuition in the subject/s specified by the Tutor on Modaris.

2 A Tutor agrees and understands that he/she is not an employee of Modaris and accepts full responsibility for all Income Tax and other amounts payable in relation to any fees generated from a tuition contract with Student or Parent through Modaris.

3 A Tutor understands and accepts that details entered by them on Modaris will be publicly visible and may appear in search engines (Google, Yahoo, Bing etc.) results and social media platforms (Facebook, Instagram, Twitter, etc.).

4 A Tutor accepts full responsibility for all information published by him/her or it on Modaris and shall indemnify Modaris in relation to any liability incurred by them as a result of any such information.

5A Tutor undertakes to register for the Modaris service, always providing and using accurate and current information about him/her - including name, address, telephone number/s, qualifications, tutoring experiences and any other details requested by MyPrivateTutor.

6A Tutor will not include personal email, contact numbers etc. in the form fields like Tutoring Experience, Teaching Style, other topics. Adding contact details except in specific fields is not acceptable under any condition. If Tutor violates this condition, Modarismay in its discretion suspend or terminate account of such Tutor.

7Tutors are bound to show proof or disclose their qualification details to the reasonable satisfaction of the student or parent party before entering into a tuition engagement and also if and as requested by them, later.

8 Modaris does not guarantee to secure a Tutor for a Student or ascertain any tuition fees on behalf of any tutor or student. We do not provide any guarantee of the number of total enquiries/business which a Tutor will receive during their subscription period.

9 Modaris is not responsible if you are unable to convert tuition enquiries into work, through connects facility. Please respond to any booking within the first two hours generate maximum effectiveness. If you respond to a booking late, you may lose the student. We would not be accountable for any inconvenience caused.

10 Modaris is not responsible if a student’s mobile is switched off when you call, or if students/parents do not respond to your queries.

11 All information sent during a booking are verified to the best of our knowledge. If the student or parent does not disclose any information beforehand, Modaris will not be responsible for the same.

12A Tutor will accept full responsibility for the hourly rates or prices quoted by them for their services and presented in the exact detail on Modaris.

13 A Tutor may collect the money for the tuition in cash or otherwise agreed upon with the student. Modaris does not have an online payment gateway for tutors to collect their payments from students.

14 Tutor shall indemnify Modaris from all claims, liabilities, costs and expenses (actual or consequential) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of any use by the Tutor of Modaris.

15A Tutor hereby acknowledges that Modaris is not liable to the Tutor for reimbursement of any fees decided upon as a result of these Terms and Conditions in the event of any cancellation of any Contract or Tuition for any reason.

16In responding to feedback of Students posted on Modaris a Tutor shall not, in any way, show disrespect towards a Student or his family.

17 Tutors are advised to collect payments from students after each session.

18 Modaris is not involved in any kind of interactions that takes place between the tutors and students, and hence is not liable for any dispute or disagreement or misinterpretations or arguments arising between the parents / students and the tutors. The parents / students and the Tutors are however free to take feedback and suggestions from us to solve the issue amicably.

19For all commitments/representations of Tutor to Student other than those which are mentioned on Modaris, Tutor alone would be liable and responsible towards Student, and shall also keep us indemnified and harmless against all such claims/disputes.

20Tutor is expected to conduct himself in a teacher / coach like manner which is generally prevalent and acceptable in a teacher and student like relationship.

21All student information and contact details provided on Modaris are for your personal use only and not be used for any other purposes in which you are not directly involved. You cannot sell or forward any student data to others tutors. If any Tutor is found to be engaged in such activities, Modaris reserves the right to terminate their membership with immediate effect without refunding any amount if paid.

22 Annual plan guarantees 100% money back only to tutors registered and offering their services in Qatar within 4 months starting from the date of their activation. The registration fees will only be returned if it is in fact proven by Modaris that the tutor has not received enough bookings from Modaris site and app within the first 4 months, or the tutor has completely followed Modaris recommendations but received insufficient number of bookings.

 

FOR STUDENTS AND PARENTS

 

1A student or parent undertakes to register for the Modaris service, always using accurate and current information about himself/herself - including name, email ID, mobile number etc.

2 During booking a Tutor, students should enter as much details as possible for better responses from Tutors.

3 Please note that any tuition requirement posted without a booking may be shared with our registered and premium list of Tutors and a matched Tutor may call your number to discuss about your tuition requirement. Students or Parents should check tuition profile privacy settings properly to avoid unwanted calls on their mobiles from prospective tutors.

4 Students must pay a tutor directly only, to avoid any kind of misunderstanding and other issues with tutors in the latter stages.

5 Modaris does not encourage any advanced payment to any Tutor as that could lead to a potential fraud and we do not take any responsibility for such payments or Tutors.

6 Both Student and Tutor can ask to verify each other's addresses and residential details before taking any sessions or making any direct payments between themselves.

7 Students or parents should understand that tutors are not our employees and we cannot take responsibility for verifying their backgrounds and behaviors. Modaris is just an online marketplace where tutors can advertise their services.

10 Modaris shall not take responsibility of any kind of monetary transaction/s between students or their parents and tutor/s.

11No Tutor can guarantee good grades; therefore, grade you get cannot be a reason for student to come back at a later time and demand refund for services.

12 Student/parent should use caution, good judgment and proper language when leaving a Review for a Tutor. What you post will be a permanent part of that tutor's record. Please restrict your review to a Tutor's teaching-related skills (communication skills, knowledge, patience, clarity etc.)

13 We are not involved in any kind of interactions that takes place between the tutors and students, and hence is not liable for any dispute or disagreement or misinterpretations or arguments arising between the parents / students and the tutors. The parents / students and the Tutors are however free to take feedback and suggestions from us to solve the issue amicably.

14 Student is expected to conduct himself in a Student like manner which is generally expected and regarded as ideal Student behavior prevalent in education stream.

15 Cancellation of the session will be entirely dealt between the tutor and the student. Modaris shall not be liable for any damages that occur due to a cancellation by the student or by the tutor. Cancellations can be made by any of the means through which the student and the tutor are communicating. 

16 Modaris would not be liable to offer any compensation or damages of any nature to Student if Modaris deactivates a Tutor account or if Tutor discontinues /chooses to not extended tutor sessions.

17 Students should take enough care and make an intuitive decision before taking up an assignment to avoid any kind of repercussions. Modaris would not be responsible and liable for any such unforeseen and unfortunate event including but not limited to bodily injury, sexual or mental harassment of any nature, if any.

Modaris

Qatar | Malaysia | Turkey | Australia

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