INTRODUCTION

1.1. These Terms and Conditions ("Terms") govern your access to and use of the Tutorverse platform ("Platform"), which facilitates connections between tutors ("Tutors") and students ("Clients"). By accessing or using the Platform, you agree to comply with these Terms. If you do not agree, you may not use the Platform.

DEFINITIONS

2.1. "Platform" refers to the Tutorverse website, website application, Apple application, Google Play application and all related services.

2.2. "Tutor" means an independent contractor offering or marketing tutoring or any service through the Platform.

2.3. “Lesson” means the publicly listed offering of a service by the Tutor on the Platform.

2.4. “User” means anyone who has accessed or is accessing the Platform.

2.5. "Client" means any user of the Tutorverse services who will potentially interact, book, pay or receive lessons via the Platform.

2.6. "Content" includes files, messages, or materials brought into existence by the Platform and the users of the platform.

2.7. "Services" refers to the supply of any digital information and interactions which would not be possible without the existence of the Platform. This includes, but is not limited to: Viewing, messaging, payment or booking of lessons or tutors via the Platform.

ELIGIBILITY AND REGISTRATION

3.1. Eligibility: Users must be at least 18 years old and legally capable of entering binding contracts in South Africa.

3.2. Account Registration: Users must provide accurate and complete information during registration.

3.3. Account Security: Users are responsible for maintaining the confidentiality of login credentials and must notify Tutorverse immediately of unauthorized access.

SERVICES AND PLATFORM ROLE

4.1. Facilitator Role: Tutorverse acts solely as a facilitator connecting Tutors and Clients. Tutorverse is not an employer, agent, or partner of any Tutor.

4.2. Independent Contractors: Tutors operate as independent contractors and retain full control over their rates, schedules, and methods of service delivery.

4.3. No Guarantees: Tutorverse does not guarantee the quality, accuracy, or legality of Services. Users engage with one another at their own risk.

4.4. Tax Obligations: Tutors acknowledge that they are responsible for their own tax affairs, including income tax, provisional tax, and any other applicable levies under South African law. Tutorverse does not withhold or remit taxes on behalf of Tutors.

4.5. No Employment Relationship: Nothing in these Terms shall be construed as creating an employer-employee relationship, agency, joint venture, or partnership between Tutorverse and any Tutor.

BOOKINGS AND PAYMENTS

5.1. Booking Process:

5.1.1. Tutors update their availability in 1 hour increments.

5.1.2. Clients may book lessons from the available slots.

5.2. Payment Terms:

5.2.1. Clients pay the full lesson fee (Tutor’s set rate + 12.5% Platform commission) immediately upon booking via Paystack.

5.2.2. Upon receiving payment for a booking, the stated commissions are paid immediately to both the Tutor and Tutorverse into the Paystack wallet.

5.3. Tutor Withdrawals

5.3.1 The minimum withdrawal balance to a bank account is R100.

5.3.2 Withdrawals can only be made to South African bank accounts.

5.3.3 Tutors can withdraw funds from their Paystack wallet into their bank account at any time, provided their balance meets or exceeds the minimum withdrawal balance.

5.3.4 Free withdrawals refer to no transaction fee incurred by the tutor on fund withdrawals to a bank account. Tutorverse covers the transaction fee associated with a free withdrawal.

5.3.5 Tutors will be allocated 1 free withdrawal each week.

5.3.6 Tutors cannot accumulate free withdrawals. Free withdrawals not used within the allocated period will not be credited to the tutor.

5.4. Client-Initiated Cancellation or Client No-Show:

5.4.1 If the client cancels within less than 12 hours after the time of transaction, they will receive 100% refund back to card, provided it is not within 2 days of the lesson start time.

5.4.2 If the client cancels within 2 days of the lesson start time, they receive a voucher equal to 50% of the lesson value.

5.4.3 If the client misses the lesson, they are ineligible for reimbursement.

5.5. Tutor-Initiated Cancellation or Tutor No-Show:

5.5.1 If the tutor cancels the lesson, the client will receive 100% of the funds back at the expense of the tutor.

5.5.2 If the tutor misses the lesson, the client will receive 100% of the funds back at the expense of the tutor. In addition, the tutor will be flagged for unreliability.

DISPUTE RESOLUTION

6.1. Dispute Eligibility:

6.1.1. Disputes may only be raised for non-delivery of Services (e.g., Tutor no-show).

6.1.2. Clients must submit disputes via the Platform’s support email within 24 hours after the scheduled lesson end time.

6.2. Mediation Process:

6.2.1 Tutorverse will resolve the claim within 5 business days of reviewing evidence (e.g. information sent).

6.2.2 If the Client’s claim is validated, Tutorverse will reverse the Client’s payment and issue a full refund to the Client.

6.2.3 Partial refunds may be considered at Tutorverse’s sole discretion but are generally not permitted.

6.3. Penalties:

6.3.1 Tutors with one or more validated disputes may face temporary or permanent account suspension.

6.3.2 Clients found to be filing fraudulent disputes forfeit future dispute rights.

USER CONDUCT AND RESPONSIBILITIES

7.1. Prohibited Activities: Users may not engage in fraud, harassment, reverse engineering, data scraping, unauthorized access, or sharing illegal content.

7.2. Content Liability: Users are solely responsible for Content shared on the Platform. Tutorverse reserves the right to remove unlawful or abusive Content without notice.

7.3. Compliance with Laws: Users must comply with all applicable laws, including the Protection of Personal Information Act (POPIA) and Consumer Protection Act (CPA).

INTELLECTUAL PROPERTY

8.1. User Content: Tutors retain ownership of their Content but grant Tutorverse a non-exclusive, royalty-free license to use it for Platform operations.

8.2. Platform IP: Tutorverse owns all rights to the Platform’s trademarks, logos, algorithms and software.

LIMITATION OF LIABILITY

9.1. Tutorverse is not liable for:

9.1.1. Indirect, incidental, or consequential damages.

9.1.2. Third-party actions (e.g., Paystack errors, Tutor misconduct).

9.1.3. Service interruptions or technical failures.

9.2. Services are provided "as is" with no warranties of any kind.

TERMINATION

10.1. By Tutorverse: Accounts may be terminated for breaches of these Terms, fraud, or illegal activity.

10.2. By Users: Clients or Tutors may delete their accounts via Platform settings.

GOVERNING LAW AND JURISDICTION

11.1. These Terms are governed by South African law.

11.2. Disputes not resolved via mediation shall be submitted to the courts of South Africa.

AMENDMENTS

12.1. Tutorverse may update these Terms at any time. Users will be notified via email or in-app notice 7 days prior to changes taking effect.

12.2. Continued use of the Platform constitutes acceptance of revised Terms.

MISCELLANEOUS

13.1. Severability: If any clause is deemed unenforceable, the remaining clauses remain valid.

13.2. Force Majeure: Tutorverse is not liable for delays caused by events beyond its control (e.g., natural disasters, outages).

13.3. Indemnification: Users agree to indemnify Tutorverse against claims arising from their misuse of the Platform.

13.4. Contact: Direct queries to info@tutorverse.co.za.

INDEPENDENT LEGAL STATUS

14.1. Tutors confirm and agree they operate as independent contractors and not employees of Tutorverse.

14.2. Tutors are not entitled to any employment benefits, including but not limited to UIF, paid leave, medical aid, or pension contributions.

14.3. Tutors are solely responsible for ensuring their legal and tax compliance in their personal or business capacity.

NON-CIRCUMVENTION

15.1. Users agree not to circumvent the Platform by initiating, accepting, or processing payments for tutoring services outside of the Tutorverse Platform once an initial introduction has been facilitated through the Platform.

15.2. This restriction applies to any Client-Tutor interaction that originates from or is connected to the Platform, regardless of whether the service is ultimately provided through the Platform.

15.3. Any attempt to bypass the Platform's payment system, including but not limited to direct payment arrangements between Tutors and Clients, will be considered a material breach of these Terms.

15.4. Upon violation, Tutorverse reserves the right to:

15.4.1 Immediately suspend or terminate the offending User's account;

15.4.2 Withhold any pending payments;

15.4.3 Pursue legal action or claim damages resulting from the circumvention.

15.5. This clause shall survive termination of the User’s account or relationship with Tutorverse for a period of 24 months from the date of last interaction on the Platform.

PRIVACY POLICY

16.1. Tutorverse’s Privacy Policy details data handling practices under POPIA.