Agreement between User and TheCapeTutor

Welcome to https://www.thecapetutor.com. This website is comprised of various web pages operated by TheCapeTutor. The resources on this site are offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Please read these terms carefully, and retain a copy of them for your reference.

TheCape Tutor is a Tutoring Site

TheCapeTutors is a platform designed for tutors and learners/students to connect exclusively for tutoring purposes. Tutors have the autonomy to establish their rates and schedules, while learners pay for lessons directly through the site. Upon completion of each lesson, tutors receive payment credited to their account. TheCapeTutors disburses 70% of the lesson cost to tutors, retaining 30% to sustain site operations. Tutors receive payment after each session, once students have confirmed the session as 'performed'

Electronic Communications

By visiting TheCapeTutor site at https://www.thecapetutor.com or sending emails to TheCapeTutor, you engage in electronic communications. You hereby consent to receive electronic communications, agreeing that all agreements, notices, disclosures, and other communications provided to you electronically, via email and on the Site, fulfill any legal requirement necessitating written communication.

Your Account

By utilizing this site, you are accountable for safeguarding the confidentiality of your account and password, and for limiting access to your computer. You agree to assume responsibility for all activities conducted under your account or password. You may not assign or transfer your account to any other individual or entity. You recognize that TheCapeTutor bears no responsibility for unauthorized access to your account resulting from theft or misappropriation. TheCapeTutor and its associates retain the right to decline or terminate service, deactivate accounts, or modify or delete content at our sole discretion.

Under Age Children

TheCapeTutor does not knowingly collect personal information from individuals under the age of 18, whether online or offline. If you are under 18, you may only utilize this resource with the consent of a parent or guardian.

Cancellation and Refund Policy

You have the option to cancel your lesson purchases at any time. Cancellations made within 24 hours prior to the start of the tutoring session will receive a 50% refund. Any lessons purchased will remain in your TheCapeTutor account. For inquiries, please reach out to support@thecapetutor.com.

Links to Third-Party Sites/Third-Party Services

TheCapeTutor website may include links to other websites ("Linked Sites"). These Linked Sites are not controlled by TheCapeTutor, and therefore, TheCapeTutor is not responsible for the content of any Linked Site, including any links contained within a Linked Site or any changes or updates to a Linked Site. The inclusion of any link is provided solely for convenience, and does not imply endorsement by TheCapeTutor of the site or any association with its operators.

Certain services available via TheCapeTutor website are provided by third-party sites and organizations. By utilizing any product, service, or functionality originating from TheCapeTutor domain, you acknowledge and consent to TheCapeTutor sharing such information and data with any third party with whom TheCapeTutor has a contractual relationship to deliver the requested product, service, or functionality on behalf of our service users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are hereby granted a non-exclusive, non-transferable, and revocable license to access and utilize http://www.thecapetutor.com strictly in accordance with these terms of use. As a condition of using the Site, you warrant to TheCapeTutor that you will not engage in any unlawful or prohibited activities outlined in these Terms. You shall not employ the Site in a manner that could damage, disable, overload, or hinder the Site's functionality, or impede any other party's enjoyment and usage of the Site. You shall 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 incorporated as part of the Service, including text, graphics, logos, images, and the compilation thereof, along with any software used on the Site, is the property of TheCapeTutor or its suppliers and is protected by copyright and other intellectual property laws. You agree to adhere to and respect all copyright and other proprietary notices, legends, or restrictions contained within any such content, and shall not make any alterations thereto.

You shall not modify, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any portion of the content, whether in whole or in part, found on the Site. The content provided by TheCapeTutor is not intended for resale. Your use of the Site does not grant you the right to engage in any unauthorized use of protected content, and specifically, you shall not delete or amend any proprietary rights or attribution notices contained in any content. You shall utilize protected content solely for personal use and shall not make any other use of such content without the explicit written consent of TheCapeTutor and the respective copyright owner. You acknowledge that you do not acquire any ownership rights to any protected content. TheCapeTutor and our licensors do not grant you any licenses, express or implied, to the intellectual property of TheCapeTutor or our licensors, except as explicitly authorized by these Terms.

Use of Communication Services

The Site may feature bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities intended to facilitate interaction with the public or specific groups (collectively referred to as "Communication Services"). You agree to utilize the Communication Services solely for posting, sending, and receiving messages and material that are appropriate and relevant to the respective Communication Service.

By way of illustration, and not limitation, you agree that when utilizing a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise infringe upon the legal rights (such as privacy and publicity rights) 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 or publicity) unless you own or control the rights thereto or have obtained all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may disrupt the operation of another's computer; advertise or solicit to sell or purchase any goods or services for any business purpose, unless such Communication Service explicitly permits such messages; conduct or propagate 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 notices, or proprietary designations or labels of the origin or source of software or other material contained in an uploaded file; inhibit or restrict any other user from using or enjoying the Communication Services; contravene any code of conduct or other guidelines applicable to any particular Communication Service; gather or collect information about others, including email addresses, without their consent; breach any applicable laws or regulations.

TheCapeTutor is not obligated to monitor the Communication Services. However, TheCapeTutor reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. TheCapeTutor also reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

TheCapeTutor retains the right at all times to disclose any information as necessary to comply with any applicable law, regulation, legal process, or governmental request, or to edit, decline to post, or remove any information or materials, in whole or in part, at TheCapeTutor's sole discretion.

Exercise caution when divulging any personally identifying information about yourself or your children in any Communication Service. TheCapeTutor does not endorse or control the content, messages, or information found in any Communication Service, and thus, specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation therein. Managers and hosts are not authorized spokespersons for TheCapeTutor, and their views do not necessarily reflect those of TheCapeTutor.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for complying with such limitations if you upload materials.

Materials Provided to or Posted on Any TheCapeTutor Web Page

TheCapeTutor does not assert ownership of the materials you provide to https://www.thecapetutor.com (including feedback and suggestions) or post, upload, input, or submit to any TheCapeTutor Site or associated services (collectively referred to as "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you grant TheCapeTutor, 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 provided concerning the use of your Submission, as provided herein. TheCapeTutor is not obliged to post or use any Submission you may provide and may remove any Submission at any time at TheCapeTutor'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.

Third-Party Accounts

You will have the option to link your TheCapeTutor account to third-party accounts. By connecting your TheCapeTutor account to your third-party account, you acknowledge and agree that you consent to the continuous release of information about you to others (under 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.

International Users

The Service is controlled, operated, and administered by TheCapeTutor from our offices in the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the TheCapeTutor Content accessed through https://www.thecapetutor.com in any country or any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless TheCapeTutor, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's 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. TheCapeTutor 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 TheCapeTutor in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TheCapeTutor agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

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. THECAPETUTOR, USA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THECAPETUTOR, USA 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. THECAPETUTOR, USA 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 THECAPETUTOR, USA 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 THECAPETUTOR, USA 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

TheCapeTutor 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. You also agree that any communication between you and tutors/learners away from TheCapeTutor is beyond the control of the Site. Any tutor or learner who requests payment directly from users of the Site will be terminated. To the maximum extent permitted by law, this agreement is governed by the laws of the states and you hereby consent to the exclusive jurisdiction and venue of courts in the states 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 TheCapeTutor as a result of this agreement or use of the Site. TheCapeTutor's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of TheCapeTutor'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 TheCapeTutor 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 TheCapeTutor concerning the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TheCapeTutor concerning the Site. A printed version of this agreement and 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

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

Contact Us

TheCapeTutor welcomes your questions or comments regarding the Terms:

TheCapeTutor, USA

Email Address:

support@thecapetutor.com

Effective as of April 8th, 2024