Terms

The legal nitty gritty.

Agreement between user and studbuds.com

StudBuds Inc. ("StudBuds", "studbuds.com" or the "Site") is comprised of various web pages operated by StudBuds. Studbuds.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of studbuds.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Studbuds.com allows people ("Tutors") to help others ("Students") by offering their tutoring services, earning money in the process. Tutors sign up and set up their tutoring profile, in which they can specify the courses or subjects they are knowledgeable in. Tutors specify the name of each course, provide supporting documentation of their qualifications, and select an hourly rate they wish to charge. To get help from tutors, students need to associate their payment information prior to scheduling a lesson for automatic payments. Tutors guarantee to be knowledgeable in the courses or subjects they specify. The site cannot fully verify tutors' knowledge prior to a tutoring session. All conversations are recorded and monitored for security, quality-control, and refund purposes.

Academic Honesty

StudBuds was built as a tool to enhance, supplement, and support traditional educational programs. StudBuds expects all tutors to uphold the highest level of academic integrity when working with a student and/or group of students. StudBuds tutors are responsible for abiding by the student’s school’s academic rules of conduct and must refrain from all forms of academic dishonesty including cheating and plagiarism (defined below). 1. Cheating, which includes plagiarism, occurs where a student or group of students uses or attempts to use unauthorized aids, assistance, materials or methods. 2. Plagiarism occurs where a student represents the work or ideas of another person as his or her own. Tutors and students who are abusing these guidelines may be subject to suspended accounts and could be banned from the site.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that StudBuds is not responsible for third party access to your account that results from theft or misappropriation of your account. StudBuds and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
StudBuds does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use studbuds.com only with permission of a parent or guardian. StudBuds reserves the right to refund, void, or put a hold on any fraudulent transactions or transactions that do not abide by StudBuds's terms of service.

Applicable Commission and Transaction Fees

Tutors are charged a 15% commission fee on all monetary transactions. This fee is charged automatically on every transaction.

Electronic Communications

Visiting studbuds.com or sending emails to StudBuds constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Links to third party sites/Third party services

Studbuds.com may contain links to other websites ("Linked Sites"). The Linked Sites are notunder the control of StudBuds and StudBuds is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. StudBuds is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by StudBuds of the site or any association with its operators.
Certain services made available via studbuds.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the studbuds.com domain, you hereby acknowledge and consent that StudBuds may share such information and data with any third party with whom StudBuds has a contractual relationship to provide the requested product, service or functionality on behalf of studbuds.com users and customers.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
StudBuds has no obligation to monitor the Communication Services. However, StudBuds reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. StudBuds reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. StudBuds reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in StudBuds's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. StudBuds does not control or endorse the content, messages or information found in any Communication Service and, therefore, StudBuds specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized StudBuds spokespersons, and their views do not necessarily reflect those of StudBuds.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to studbuds.com or posted on any StudBuds web page

StudBuds does not claim ownership of the materials you provide to studbuds.com (including feedback and suggestions) or post, upload, input or submit to any StudBuds Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting StudBuds, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. StudBuds is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in StudBuds's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use studbuds.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to StudBuds that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of StudBuds or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. StudBuds content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of StudBuds and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of StudBuds or our licensors except as expressly authorized by these Terms.

Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, StudBuds will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by StudBuds. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. StudBuds will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by StudBuds using the payment method associated with your Account, after which StudBuds will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that StudBuds may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and StudBuds, StudBuds reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in StudBuds's sole discretion. StudBuds will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. StudBuds may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider 12 hours prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee. You may also elect to ask the Third Party Provider to cancel your request for services or goods at their discretion.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. StudBuds does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by StudBuds (on StudBuds's website, in the Application, or in StudBuds's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that StudBuds provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

Refund Policy

We want to make sure that you have only the best experience with your tutor on StudBuds. If you are not satisfied with a tutoring session, you may request a refund after a tutoring session or transaction. To request a refund, you must contact StudBuds's support team upon which they will review and process refunds according to their discretion. To be eligible for a refund, all conversations between users must take place on StudBuds's platform, in the form of chat conversations. Any refund request stemming from a conversation taken off StudBuds's platform will not be eligible for processing. StudBuds has the right to deny refund requests if users are in violation of our Terms of Use and/or our Academic Honesty Policy. Any cancellations made after 3 days will not qualify for a refund. You can request a refund or cancellation by contacting us (see Contact Us section).

Third Party Accounts

You may be able to connect your StudBuds account to third party accounts. By connecting your StudBuds account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Tutoring Policy

To become a tutor on StudBuds, you must verify your school (e.g. uwaterloo.ca, mylaurier.ca) email. As a StudBuds tutor, you agree not to take conversations or transactions off-platform, including but not limited to using third-party services to collect payments, manage tutoring sessions, share your personal information or collect other users' information in any way. StudBuds tutors cannot outsource any tutoring work to third party members and tutors who use StudBuds to find work to outsource elsewhere will be banned. Any violation of these terms and conditions will result in account suspension or reduced visibility on the site.

International Users

The Service is controlled, operated and administered by StudBuds from our offices within Canada. If you access the Service from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use the StudBuds Content accessed through studbuds.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless StudBuds, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. StudBuds reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with StudBuds in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STUDBUDS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. STUDBUDS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. STUDBUDS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STUDBUDS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STUDBUDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

StudBuds reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Ontatio and you hereby consent to the exclusive jurisdiction and venue of courts in Ontatio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and StudBuds as a result of this agreement or use of the Site. StudBuds's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of StudBuds's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by StudBuds with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and StudBuds with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and StudBuds with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

StudBuds reserves the right, in its sole discretion, to change the Terms under which studbuds.com is offered. The most current version of the Terms will supersede all previous versions. StudBuds encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Please contact our team (support@studbuds.com) if you have any questions about these Terms of Service.

Last edited on February 17, 2016