Please read these Terms before using the Site.
The word “You” shall mean users of the Site seeking tutoring services as a “Student”. The word “Users” shall collectively refer to Students and Tutors.
By using or accessing the Site (other than to read these Terms for the first time), You hereby represent and warrant that You understand, agree to and accept all the terms and conditions set forth in these Terms whether or not You register with the Site.
These Terms are subject to change by Ostaz at any time.
Substantive changes to these Terms will be notified to You by email, to the email address You register in your account and you will be required to tick the box accepting the same without which access will be denied. Non-material changes or any other minor changes will be notified by placing a notice on the Site. Changes will be effective fifteen (15) days after their notification. By continuing to use the Site after the effective date of any changes, you will be accepting such changes.
If you are a parent or a legal guardian of the Student, and you allow your child to use the services, then these terms apply to you and you are responsible for your child’s activity on the Services and Site.
The Site is intended to help users seeking tutoring services (the “Students”) to find and connect with users seeking to provide tutoring services (the “Tutors”).
The Site connects simultaneously Students seeking help in a specific course to qualified Tutors, in order to find and locate each other to schedule a tutoring session. It allows high school and university students to find, book and coordinate with a qualified Tutor (the “Services”).
It should be noted that:
a) the Services are purely IT in nature (i.e. access to the Site as a technology platform);
b) the Services are not education services;
c) the Services are logistical in that they enable Students to arrange and schedule tutoring sessions with Tutors also using the Site; and
d) the Tutors are independent third parties who are not employees of the Company; Therefore, You expressly hereby acknowledge that Ostaz does not provide educational or tutoring services or operate as an Approved Training Institute or education provider and all such tutoring and learning services are provided by independent Tutors who are not employed by Ostaz or any of its affiliates.
It being understood that Tutors are freelancers working on their own behalf, hired by Students. They control all aspects of the tutoring including, but not limited to, the methods and materials. Ostaz does not employ any Tutors, and does not have any control over the quality, timing or legality of the services actually delivered by the Tutors, nor of the integrity, responsibility or actions of the Students.
Ostaz does not refer or recommend either Students or Tutors nor does Ostaz make any representations about the suitability, reliability, timeliness and accuracy of the services provided by Tutors or the integrity, responsibility or actions of Students. Students will remain responsible for selecting the appropriate Tutors for their specific tutoring needs. Students should review the Tutors registered profile on the Site, including their ratings by other Students, to make their hiring decisions. You understand and agree to make your own decisions and assessments about who You should hire and that it is your sole responsibility to conduct any and all background inquiries and reference checks with respect to other Users.
Ostaz does not assume any responsibility for the accuracy or reliability of any information provided by Students or Tutors on or off the Site. Ostaz expressly disclaims, and You expressly release Ostaz from any and all liability whatsoever for any claims, suits, damages and/or disputes arising out or in relation with any inaccuracy, untimeliness or incompleteness regarding Users’ misstatements or misrepresentations on the Site.
All tutoring sessions should take place in a safe and/or public environment, and be supervised by a responsible and trustful adult.
3.1 If You are under eighteen (18) years old or not of legal age required to consent and agree to the Terms and would like to participate in Ostaz as a Student (an “Underage Participant”), You may ask your parent or legal guardian to register on your behalf to use the Site and Service (a “Parent Registered User”). By registering as a Parent Registered User, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety on behalf of yourself and your Underage Participant whether or not you use the Site or Services. You further understand and agree that you will ensure your Underage Participant’s compliance with these Terms and that you are responsible for any noncompliance by your Underage Participant.
If you are a Parent Registered User, you also agree that you are responsible for monitoring the account of your Underage Participant as well as your Underage Participant’s activities both on and off the Site, including monitoring who your Underage Participant communicates with and meets both on and off the Site and from whom he or she agrees to receive tutoring services.
3.2 By registering with the Site and/or using the Site or the Services, You represent and warrant that You are eligible to use the Site and Services, that You have the right and capacity to enter into the Terms, and that You undertake to abide by all these Terms.
You undertake and agree to use the Site and/or the Services only for purposes that are consistent with the academic honesty policy of your school, university or academic institution, and/or with all and any conduct policies they may have.
You may only use the Site and/or Services to find tutoring services or tutoring sessions for yourself. You may not assign or otherwise transfer your account to any other person or entity.
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and Services. You represent and warrant to Ostaz that you have the right and authority to provide all information You provide about yourself. You agree, represent and warrant to Ostaz that You have the right, and hereby grant to Ostaz, its licensees and successors, an irrevocable, perpetual, non-exclusive, free, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute all and any information and content You provide, and to prepare derivative works of, or incorporate into other works, such information and content.
Ostaz does not guarantee the accuracy, completeness or usefulness of any information on the Site nor is Ostaz responsible for any claims relating to inaccurate, untimely or incomplete information provided by Users.
By using the Site and/or Services, You agree that You shall never, in any way:
- use the Site and/or Services, or any information contained therein in any way that is unlawful, abusive, threatening or otherwise offending;
- provide false, outdated or inaccurate information;
- re-register with Ostaz, or attempt to re-register, in case Ostaz have terminated your account or in order to avoid a User’s review;
- use another User’s Ostaz account;
- use the Site and/or Services for any commercial solicitation purposes;
- interfere or attempt to interfere in any way with the functioning of Ostaz’ Services;
- bypass any measures Ostaz takes to restrict access to the Site and/or Services or use any software, technology, or device to abuse the Services or harvest data from the Site.
Ostaz reserves the right, at its sole discretion, to immediately suspend and/or terminate your use/access to all or part of the Site and Services as well as to remove your profile from the Site, and/or to terminate your registration in Ostaz, with or without notice, if You violate any terms stated herein or undertake any illegal activity or if some of the eligibility requirements are no longer available. Furthermore, Ostaz reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site, as a preventive protection measure or in reaction to a threat.
In such case of termination or suspension, You agree not to make any further use of the Site and/or Services after termination or during suspension.
In respect to all data and information collected on its Site, Ostaz shall comply with the data privacy laws and regulations as applicable in any of the countries in which it provides its Services.
Ostaz collects personally identifiable information when You use the Site or the Services. This personally identifiable information may be used strictly to:
- communicate with You;
- share the Tutor’s contact information with Students when a tutoring session is booked;
- share the Student’s contact information with Tutors when a tutoring session is booked;
- process your requests and ensure that Synker’s relationship with You is accurate and up-to-date;
- verify your identity in order to allow access to your account;
- process transactions and billing exclusively related to Tutor’s subscription fees;
- respond to your inquiries;
- send you important information regarding the Site or Services;
- undertake data analysis, audits, developing and enhancing the Site and Services;
- comply with laws and regulations;
- send you marketing communications that may be of interest to you;
- undertake administration of and troubleshooting regarding our system; and
- proceed with any payment that You shall make or receive in connection with your account and the Services You have purchased.
Ostaz will not disclose or sell your personally identifiable information without your consent. Nevertheless, third parties who provide technical support to Ostaz may need access to such information, and Ostaz shall ensure that they are not permitted to disclose such information.
Ostaz also collects information that is not personally identifiable information (type of browser, access time, pages viewed, IP address, operating system, etc.). Ostaz may edit and publish statistics made from this information, or share them with third parties, without including any personally identifiable information.
Ostaz may also gather information from other sources in order to combine it with information collected through the Site and/or Services.
Ostaz reserves the right to release non-personally identifiable information collected in aggregate.
While Ostaz uses encryption to protect sensitive information transmitted online, Ostaz also protects your information offline. Only Ostaz employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which Ostaz stores personally identifiable information are kept in a secure environment.
Ostaz shall exercise reasonable endeavors in protecting the sensitive information transmitted online, thus cannot guarantee the security of the collected information, including personally identifiable information. By using the Site and/or the Services, You acknowledge and agree that Ostaz makes no guarantee with respect to such security, and that You shall use the Site and Services at your own risk.
Users may find on the Site advertisement and/or links to external sites for advertisement or promotion purposes.
You acknowledge and agree that:
- Ostaz does not approve, recommend, guarantee or certify the content of such external sites or any other materials, products or services available on such external sites;
- You may access such external sites at your own risk;
- Ostaz is not responsible for the content of such external sites, and expressly disclaims any liability in connection with such links and/or such external sites; and
- You shall hold Ostaz harmless from any liability arising out or in relation with the use of links to external sites.
You acknowledge and agree that:
- Ostaz is not a party to any agreement between Students and Tutors;
- All payments agreed between Students and Tutors shall occur between them; Such payment includes the tutoring fee due by the Tutor;
- Any issue with respect to such payments must be resolved directly between the Students and the Tutors;
- Ostaz is not responsible and disclaims all liability with respect to such payments;
- Students hereby undertake and agree to never refuse to pay a Tutor upon completion of a satisfactory tutoring session that they have booked;
- Students who intend to cancel a session that they have booked with a Tutor shall send a cancellation notice to the Tutor involved at least two hours before the beginning of the session;
- If Students do not cancel a booked session prior to the above deadlines, they shall be liable for the payment of a USD 15 (fifteen US Dollars) penalty fee.
Ostaz makes available to Students and Tutors a secure online payment platform (the “Payment Platform”) provided by licensed banks in the Regions chosen by Ostaz (the “Banks”).
Tutors who have an account at one of the Banks will be able to use it by providing Ostaz with the corresponding IBAN.
Students shall have the choice between paying their Tutor directly in cash or by credit card through the Payment Platform.
The Payment Platform is provided by one of the Banks and Ostaz only exercises reasonable endeavors in making it available to Students and Tutors. The Payment Platform may be discontinued or terminated in the event the Bank discontinues or terminates such Payment Platform.
Accordingly, Ostaz is not responsible and disclaims all liability with respect to the availability of the Payment Platform as well as with any and all payments made through the Payment Platform. Ostaz shall only act as limited payment collection agent for Tutors.
Ostaz may offer limited-time free trial subscriptions to Users from time-to-time.
After the expiration of the free trial period, Students will be charged the subscription fee to the Services as provided in section 8.2 hereof.
Any issues arising out of or in connection with the conduct of Students or Tutors must be resolved directly by the Students and the Tutors.
Ostaz expressly disclaims any liability whatsoever for any claims, demands or damages arising out of or in connection with such issues.
You represent, understand, and expressly agree to hold Ostaz harmless for any claim arising out of or in connection with any disputes between Users of the Site.
Use of the Site and Services are at your sole risk.
Ostaz makes no representation or warranties of any kind whether express or implied with respect to the suitability or quality of any Tutor providing the services.
All information, content, services and materials contained on the Site (the “Information”) are provided on an “as is”, “as available” and “with all faults” basis.
To the maximum extent permitted by law, Ostaz:
- does not warrant the accuracy of such Information;
- does not warrant that your use of the Site or Services will be uninterrupted, always available, timely, secure, free from computer viruses, error-free, useful, satisfactory, or that any error and/or defect in the Site or Services will be corrected;
- disclaims all express or implied conditions, representations and warranties of any kind including, but not limited to, any implied warranty or condition of merchantability, fitness for a particular use or purpose, non-infringement of third-party rights, and satisfactory quality;
- expressly excludes all conditions, warranties and other terms which might otherwise be implied by law and disclaims liability for errors or omissions in this Information.
The Site and Services merely offer a meeting platform for Students seeking Tutors.
You understand and agree that Ostaz has no control over the performance or conduct of Users, whether online or offline, and that Ostaz makes no representations or warranties about the accuracy, suitability and/or quality of the statements made by Users and services provided by Users. Ostaz expressly disclaims, and each and all Users expressly release Ostaz from, any and all liability for any dispute, claims, lawsuits, damages, losses or injuries whatsoever arising out of or in connection with the Site and/or Services.
Ostaz shall not be involved in any transaction between Users, which are in any case made directly between them, nor shall Ostaz be responsible for any consequence whatsoever of any kind resulting from interactions between Users.
To the fullest extent permitted by law, in no event will Ostaz be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages, losses or expenses arising out of or in connection with the Site and/or Services, including, but not limited to, damages arising out of and/or related to the use or inability to use the Site and/or Services, any information or services received from or through the Site and/or Services, removal of content from the Site (including profile information), conduct of any third party on the Site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system failure.
These limitations shall apply even if Ostaz 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).
You acknowledge and agree that the warranty disclaimers and limitations of liability provided in these Terms are material, fair and reasonable.
Ostaz total liability arising out of or relating to these Terms is limited to USD /100/.
You agree and understand that You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with Users. You agree to take all necessary precautions when interacting with Users or other site visitors.
You shall assume all risks for any damage to your computer system, including, but not limited to, loss of data, resulting from obtaining any Information from the Site and/or computer viruses.
By agreeing to these Terms, You agree to indemnify, defend and hold harmless Ostaz and its shareholders, officers, agents, licensors, suppliers, other partners, employees and representatives from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs (including but not limited to court costs) incurred by Ostaz in connection with any claim by a third party (including an intellectual property claim) arising out of:
- materials, information and content You transmit to and/or through the Site or Services;
- your acts and/or omissions on or off the Site;
- your use of the Site or Services in violation of these Terms, of any applicable law or regulation, or of the rights of any third party;
- disputes with or between Users;
- misstatements and/or misrepresentations;
- your use of links to third-party websites;
- any action you may take based on Information obtained on and/or through the Site.
You further agree that You will cooperate as reasonably required in the defense of such claims.
Ostaz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Ostaz.
If You believe any materials accessible on or from the Site infringe your copyright, You may request removal of those materials from the Site by contacting Ostaz.
Ostaz will investigate your request and determine, at its sole discretion, whether to address your request.
These Terms, and any dispute between you and Ostaz, shall be governed by the United Arab Emirates laws including the Consumer Protection Law, as applied in the Emirate of Dubai, and without regard to principles of conflicts of law.
Unless You and Ostaz agree otherwise, in the event that the dispute resolution method provided herein is found not to apply to You or to a particular claim or dispute for any reason, You agree that any claim or dispute that has arisen or may arise in connection with the interpretation, application and implementation of these Terms must be resolved exclusively by the competent courts in Dubai, United Arab Emirates.
Last updated on June 2nd, 2021.