Tutor Terms and Conditions
SCOPE
1.1. ProStudy, a company headquartered in Hong Kong (referred to as “ProStudy”), operates an online tutoring services platform (referred to as the “Platform”) accessible at www.prostudy.org and through a mobile app.
1.2. These Terms and Conditions (T&Cs) govern the rights and responsibilities of individuals registered as tutors (referred to as “Tutor”) on the Platform. Successful completion of the registration process is a prerequisite for offering tutoring services on the Platform.
1.3. Exclusively, these T&Cs apply to a Tutor’s use of the Platform. Any conflicting, supplementary, or deviating T&Cs are not part of the contractual relationship between the Tutor and ProStudy, unless expressly agreed upon in writing.
1.4. ProStudy reserves the right to modify these T&Cs without providing reasons. Amendments will be posted on the Platform, and by continuing to use the Platform after the revised T&Cs are published, the Tutor is deemed to have accepted the changes.
1.5. Information regarding the protection of Tutor’s personal data is available in the privacy policy at www.prostudy.org/en/privacy-policy.
1.6. In the context of data processing activities by ProStudy, the standard contractual clauses for controllers and processors in the EU/EEA apply to Tutors in the EEA, as described in the privacy policy.
SUBJECT OF THE CONTRACT, SERVICE DESCRIPTION
2.1. Tutors and individuals registered as Users (referred to as “User”) can arrange online video lessons (referred to as “Video Lessons”) through the Platform.
2.2. Upon mutual agreement between a Tutor and a User, a contract for Video Lessons (referred to as “Tutor Contract”) is directly formed, with ProStudy notifying the Tutor of the contract’s conclusion.
2.3. ProStudy facilitates Tutor Contracts on behalf of Tutors but is not a party to contracts between Users and Tutors. ProStudy also provides additional services related to the execution of Tutor Contracts, and the Tutor is not obligated to participate in these services.
REGISTRATION
3.1. Platform access is reserved for registered individuals, and registration is free.
3.2. ProStudy reserves the right to refuse registration or exclude registered Tutors from the Platform without specifying reasons.
3.3. Tutor registration details, including phone number and email, must be accurate, and any changes must be promptly communicated.
3.4. Registration as a Tutor is permitted for individuals aged 18 or above, with the consent of a legal representative required for those below the minimum age.
3.5. ProStudy provides Platform access by sending access data to the Tutor’s provided mobile number and creating a personal user account.
APPOINTMENT OF PROSTUDY AS MEDIATOR
4.1. The Tutor authorizes ProStudy to showcase their services on the Platform and facilitate Tutor Contracts, with no guarantee of actual contract arrangements.
4.2. ProStudy is authorized to accept payments on behalf of Tutors, and there is no employment relationship between Tutors and ProStudy.
RIGHTS AND OBLIGATIONS OF TUTORS
5.1. Tutors register on the Platform to offer Video Lessons, specifying subject areas during registration. While ProStudy may notify Tutors of relevant Video Lesson requests from Users, there is no obligation for Tutors to respond.
5.2. Upon accepting a Video Lesson request, a Tutor Contract is formed between the Tutor and User, governed by these T&Cs and User T&Cs.
5.3. Users purchase credits for Video Lessons through the Platform upon concluding a Tutor Contract. The Tutor Contract may extend automatically, and current tariffs, subject to change by ProStudy, apply.
5.4. Credit payment processing is managed by ProStudy, which credits Tutors after each Video Lesson, subject to payment conditions.
5.5. Tutors pay ProStudy a commission for each Tutor Contract, with the commission due upon contract conclusion.
5.6. After a Video Lesson, ProStudy deducts credits from the User’s account, credits the Tutor (minus commission), and reserves the right to withhold commission from User payments.
5.7. Expired User credits are entitled to ProStudy as commission.
5.8. Commissions and terms are communicated to Tutors by ProStudy.
5.9. Repayment claims from Users result in proportional commission cancellation for Tutors.
5.10. Tutors must fulfill Tutor Contracts, and termination is only possible for statutory reasons or with User consent.
5.11. Tutors comply with legal requirements, ensuring rights and content legality.
5.12. Tutors acknowledge prohibitions on reusing other Tutors’ content without explicit consent.
5.13. Tutors keep access data confidential, report unauthorized use suspicions, and face account suspension for breaches.
5.14. Immediate reporting of unauthorized account use is required, with potential suspension and subsequent deletion.
CREDIT ACCOUNT/SETTLEMENT
6.1. A Credit Account is established for Tutors upon successful registration, where credits earned through Video Lessons are stored.
6.2. Tutors monitor their Credit Account balance, with payments transferred to the Tutor’s bank account in the month following a lesson.
6.3. Upon contract termination, unpaid credit balances are due for payout in the next calendar month.
6.4. Tutors handle taxes connected to credit balance payouts, indemnifying ProStudy.
6.5. Payments are made via external payment service providers through ProStudy’s merchant accounts.
USE OF PLATFORM
7.1. ProStudy provides 24/7 Platform access, without guaranteeing error-free software. Temporary unavailability due to maintenance is possible.
7.2. Platform elements are copyrighted, and Tutors agree not to use or modify them beyond agreed rights without ProStudy’s written consent.
7.3. The interactive Platform allows reviews and comments, with ProStudy not verifying their validity.
7.4. Tutor information sharing consent with Tus Media, S.L. for business contact is revocable.
7.5. ProStudy may delete content violating guidelines, with restrictions detailed, and reserves the right to discontinue services.
7.6. ProStudy gains the right to use and distribute content posted on the Platform.
7.7. Data analysis tools on Platform content are prohibited. 7.8. ProStudy can modify or discontinue services with prior notice.
WARRANTY
8.1. Tutor and ProStudy relations follow statutory warranty provisions.
8.2. If Tutor Contract fulfillment issues arise, Users can file complaints through the WhatsApp support contact. ProStudy mediates, with final say on credit refund claims. If justified, the Tutor’s claim is canceled, deducting allocated credits.
8.3. Poor or non-fulfillment triggers an attempt to find a replacement Tutor. If found, the Tutor Contract transfers with commission obligations.
LIABILITY
9.1. ProStudy is liable for Tutor damages due to gross negligence or intent, excluding liability for slight negligence except for personal injury.
9.2. ProStudy disclaims responsibility for Tutor obligations to Users and related damages, with such claims directed to the respective User.
9.3. ProStudy is not liable for User or Tutor content or linked websites. The Tutor assumes responsibility for content evaluation.
EXEMPTION FROM LIABILITY ON THE PART OF TUTOR
Tutors indemnify ProStudy for liability arising from Tutor Contracts or posted content, covering penalties, damages, and legal defense costs.
TERMINATION
The contractual relationship begins with Tutor registration. Either party can terminate with immediate effect, ensuring the orderly completion of ongoing Tutor Contracts.
APPLICABLE LAW, PLACE OF JURISDICTION
12.1. Laws of Hong Kong governs these T&Cs and agreements with ProStudy, excluding the UN Convention on Contracts for the International Sale of Goods. This choice applies unless it deprives a Tutor of home state law protection.
12.2. Legal actions against ProStudy by a Tutor occur in Hong Kong, maintaining the Tutor’s right to sue at another jurisdiction. For Hong-Kong Tutors, local courts are competent. Non-Hong Kong resident Tutors adhere to statutory jurisdiction.
FINAL PROVISIONS
13.1. Deviating agreements prevail over T&Cs contradictions. If provisions become invalid, replacements maintain economic purpose.
13.2. A “third party” includes individuals or entities unrelated to Tutors and ProStudy.