Terms and Conditions
Last Updated: 18 February 2017.
1. Your Agreement
These Terms and Conditions (“Terms”) govern the access or use by you, an individual residing in the Republic of South Africa, of the website, content and services (the “Services”) made available by TUTPACK CC, a closed corporation established in the Republic of South Africa, having its offices at 38 Mentone Road, Morningside, Durban, 4001, registered at the Companies and Intellectual Property Commission under number CK 1985/010180/23 (“Smart Prep”).
These Terms constitute an agreement between you and Smart Prep.
Smart Prep may occasionally make amendments to these Terms. If you access or use the Services, you agree to be bound by the Terms published on the website at this location at the time of your accessing or usage of the Services. Smart Prep reserves the right to refuse access to the Services, or any portion thereof, with respect to you, at any time for any reason, with or without notice.
2. About the Services
The Services constitute a website that enables university students seeking tutoring services (“Students”) to schedule and arrange tutoring services (“Lessons”) with independent providers of such services (“Tutors”) who are currently enrolled or have previously been enrolled at the same university. YOU ACKNOWLEDGE THAT TUTPACK DOES NOT PROVIDE LESSONS AND THAT ALL SUCH LESSONS ARE PROVIDED BY INDEPENDENT TUTORS WHO ARE NOT EMPLOYED BY TUTPACK. The Services enable communication and electronic payment transactions via debit or credit card. You are able to use the Services as both a Student and Tutor.
3. Your Use of the Services
To be eligible to access or use the Services made available by Smart Prep, you must satisfy all of the following criteria:
• You are currently enrolled, or have previously been enrolled, as a student at one of the following universities: University of Cape Town, Stellenbosch University;
• You currently control or are in possession of a university-provided email address that is directly traceable to you;
• You must be at least 18 years of age;
Additionally, to be eligible to access or use the Services as a Tutor, you must also satisfy the following criteria:
• You must be legally permitted to work within the Republic of South Africa.
In order to access or use the Services, you will be required to register for a personal user account (“Account”) that will be directly traceable to you. Account registration requires you to supply Smart Prep with certain personal information, including but not limited to your email address, mobile phone number, and date of birth. By accessing or using the Services, you allow Smart Prep to rely on the fact that the information in your Account is accurate and valid. If you fail to maintain accurate and valid information in your Account, Smart Prep may refuse access to the Services, or any portion thereof, with respect to you.
You agree that you will not under any circumstances in your use of the Services:
• Permit another person or entity to use your Account;
• Use the Services, or any portion thereof, in an abusive, bothersome, or harmful way;
• Use the Services for any purpose not expressly intended by Smart Prep;
• Terminate your Account and re-register in order to prevent a negative rating from being associated with your Account;
• Attempt to impair, hinder, or obstruct the proper functioning of the Services, or any portion thereof.
Additionally, if you access or use the Services, you agree that you will not under any circumstances:
• Schedule or arrange, independently of the Services, a Lesson with a contact that you have made through your use of the Services.
Tutors may set the dates and times that they are available to provide Lessons at their sole discretion. Should a Student require Lessons at any time for any reason, neither Smart Prep nor any Tutor is obligated to provide or be available for any of these Lessons. The Tutor’s duty to the Student is limited to the provision of all Lessons that have been scheduled through their and the Student’s use of the Services. Every Lesson must take place on the date that the Lesson was scheduled for, at the time that the Lesson was scheduled for, and at the venue that the Lesson was scheduled for. Tutors are required to provide any and all materials that are necessary to complete the Lesson. Students will be required to rate Tutors on the quality of each Lesson.
Email and Text Messaging.
If you access or use the Services, you permit Smart Prep to send you information/notifications via email or SMS.
4. Method of Payment
Smart Prep will collect any payments that you make in your use of the Services on behalf of the intended recipient Tutor as such Tutors’ limited payment collection agent.
All payments that you make in your use of the Services will be processed by Payfast Pty (Ltd) (“Payfast”). Payfast is a South African payment service provider that enables online payments via credit card, debit card, Instant EFT, and other methods. WHEN MAKING PAYMENT, YOU ACCEPT ANY AND ALL RISKS THAT ARE ASSOCIATED WITH THE USE OF PAYFAST AS A PAYMENT SERVICE PROVIDER, AND YOU ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL TUTPACK BE HELD LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM PAYMENTS THAT YOU MAKE IN YOUR USE OF THE SERVICES.
5. Tutor Payment Policies
Section 5 of these Terms (Tutor Payment Policies) applies to persons that access or use the Services as a Tutor.
In order to access or use the Services as a Tutor, you will be required to set the hourly rates that you will receive per Lesson that you provide, per course (“Rates”). Rates may be set at your sole discretion, and may be set on a course-specific basis if more than one course is tutored. Smart Prep shall advertise to Students an amount equal to the Rate amount plus twenty rands (R20) per hourly lesson (“Final Rates”). Only Final Rates will be advertised to Students. YOU ACKNOWLEDGE THAT YOU WILL RECEIVE NO MORE THAN THE RATE AMOUNT, AS SET BY YOU, LESS ANY APPLICABLE TRANSACTION COSTS, AS PAYMENT FOR A LESSON THAT YOU PROVIDE.
Collection of Payment.
You authorise Smart Prep to collect and hold on your behalf any and all payments made by Students in return for Lessons provided by you, subject to your completion of the duties as set out in these Terms, and subject to the deduction of an amount equal to twenty rands (R20) plus any applicable transaction costs.
Release of Payment.
Smart Prep shall make payment to you on a monthly basis for the Lessons that you provide. Payment will be made to you between the 21st and 25th day of each month. The payment amount will be equal to the amount that Smart Prep is holding on your behalf on the payment date, relating to lessons that have already been provided.
You acknowledge that you are solely responsible for complying with and obeying the South African income tax laws regarding any taxation that may be due on income earned through your use of the Services, where applicable. For the financial year 01 March 2017 – 28 February 2018, South African income tax regulation stipulates that individuals below the age of 65 are only required to pay income tax if their personal income during this period exceeds seventy five thousand seven hundred and fifty rands (R75750).
6. Other Payment Policies
Section 6 of these Terms (Other Payment Policies) applies to persons that access or use the Services as a Student.
Student Refund Policy.
Unless otherwise determined by Smart Prep, any payments that you make while using the Services are final and non-refundable. Should a Tutor fail to provide or be available for a Lesson that has been scheduled through your and their use of the Services, Smart Prep may, in its sole reasonable discretion, refund the payment that you have made for the particular Lesson.
Student Cancellation Policy.
You may terminate or cancel a Lesson at any time for any reason by giving written or verbal notice to the Tutor. In the event of the termination or cancellation of a Lesson, you understand that no portion of any payment that you have made while using the Services shall be refunded, unless otherwise agreed to in writing by Smart Prep.
7. Disclaimers; Limitations of Liability; Indemnity
THE SERVICES ARE PROVIDED “AS IS”. TUTPACK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES:
• REGARDING THE INFORMATION, EITHER EXPRESSED OR IMPLIED, THAT COULD BE OBTAINED BY ACCESSING OR USING THE SERVICES;
• REGARDING THE QUALITY OR RELIABILITY OF THE SERVICES;
• REGARDING THE QUALITY, RELIABILITY, OR SAFETTY OF TUTORS;
• THAT THE SERVICES WILL FUNCTION FREE FROM ERROR OR INTERRUPTION;
• THAT THE SERVICES ARE FREE FROM ANY FORM OF COMPUTER VIRUS OR MALICIOUS SOFTWARE.
Additionally, any and all communications from Tutors to Students in no way represent the opinions, beliefs, views and attitudes of Smart Prep. These communications solely reflect the opinions, beliefs, views and attitudes of the Tutor.
LIMITATION OF LIABILITY.
TUTPACK ACCEPTS NO LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM ACCESSING OR USING THE SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR PROPERTY DAMAGE.
You agree to indemnify, release, excuse, and otherwise hold Smart Prep and its officers and employees harmless from any and all damages, losses, expenses, personal injuries, liabilities, or other claims, including but not limited to attorney or legal fees, that may result from:
• Your use of the Services;
• Your breach of these Terms.
8. Governing Law
These Terms shall be exclusively governed and construed in accordance with the laws of the Republic of South Africa. By accessing or using of the Services, you consent and submit to the jurisdiction of South African courts regarding any legal proceeding that may arise in connection to your use of the Services, or these Terms.