TERMS OF SERVICE
Welcome to Reachitt! These Terms of Service ("Terms") govern your access and use of our platform and services. By accessing or using the Reachitt platform, you are entering into a legally binding agreement with Reachitt, and you agree to these Terms in their entirety. Please read these Terms carefully before using the Reachitt platform.
GENERAL INFORMATION
1.1. Terms of Service
These Terms outline the terms and conditions that apply to your use of our website located at www.reachitt.com and its sub-domains (collectively, the "Website"), as well as any related mobile applications and software (together with the Website, the "Reachitt Platform"). By using the Reachitt Platform, you accept these Terms, along with any other rules or policies published on the Website or communicated to you by Reachitt.
These Terms, along with our Refund and Payment Policy, Privacy Policy, Cookies Policy, and any service-specific terms available in the Legal Center, constitute legally binding agreements that govern the relationship between Reachitt and any user or visitor of the Reachitt Platform. As a user or visitor of the Reachitt Platform, the collection, use, and sharing of your personal data are subject to our Privacy Policy and Cookie Policy, which may be updated from time to time.
1.2. Reachitt Services
You may access and use the Reachitt Platform in various capacities: (i) as a registered user seeking online language teaching and tutoring services using the Reachitt Platform or other available tools (the "Learner"); (ii) as a registered user providing online language teaching and tutoring services via the Reachitt Platform or other tools (the "Tutor"); or (iii) as a visitor of the Website, including the Reachitt Blog. Throughout these Terms, "you" or "your" may refer to the Learner, the Tutor, or a visitor using any of our services (each a "User"). Reachitt services encompass access to the Reachitt Platform for Learners and Tutors, facilitating connections for online language teaching and tutoring services, processing payments between Learners and Tutors, and providing customer support and related services (the "Services"). Please note that Reachitt does not directly provide language teaching and tutoring services. All available teaching and tutoring services on the Reachitt Platform are governed by specific terms outlined in the Legal Center. You are responsible for acquiring and covering the costs of any necessary equipment and internet service required to access the Services. We reserve the right to modify, suspend, or discontinue the Reachitt Platform or the Services in part or entirely, at any time and for any reason, without prior notice. The Reachitt Platform may occasionally be unavailable due to maintenance or technical issues. Additionally, we may provide access to third-party services and products, or our own products or Services, from time to time. Please be aware that the Reachitt Platform is an evolving platform, and the nature of the Services may change without prior notice.
1.3. Amendments to these Terms
Reachitt reserves the right to amend or modify these Terms at any time. Any changes will be communicated by posting a revised version on the Website and notifying you through the Reachitt Platform or via the email address associated with your account for significant changes. The most current version of these Terms will be available on this page. We encourage you to review these Terms regularly. If you disagree with any amendments to these Terms, you may terminate your agreement with Reachitt by discontinuing your use of the Services and providing a termination notice to Reachitt, or by deleting your account. By continuing to use the Services following any changes to these Terms, you agree to be bound by the revised Terms.
OBLIGATIONS
2.1. Services Eligibility
The Services are available only to individuals who are 18 years of age or older and can form legally binding contracts under applicable law. Individuals under the age of 18 but not younger than 13 may use our Services only with the supervision of a parent or legal guardian. The parent or legal guardian shall assume full responsibility for any and all activities related to the use of the Services by such individuals. You agree not to permit any individual under the age of 13 to use the Services.
2.2. Verification
Reachitt may require Tutors to provide a government-issued ID (such as a passport, driver's license, etc.) and documents verifying their educational credentials (such as diplomas, certificates, etc.). Tutors will be asked to upload a copy of their government-issued ID and educational documents. Upon successful verification, a special badge will be added to the Tutor's profile, and the uploaded copies of the documents will be deleted from our servers. Please note that Reachitt does not endorse or make any representations or warranties regarding the accuracy, completeness, or reliability of any information provided by Tutors during the verification procedure. Reachitt cannot guarantee the identity of each User. You acknowledge and understand that you assume all risks when using the Services, including any risks associated with online or offline interactions with other Users. When interacting with other Users, exercise caution and use common sense to protect your personal safety and property, just as you would when interacting with people you don't know. Reachitt, its affiliates, and licensors are not responsible for the conduct of any User, whether online or offline. Reachitt, its affiliates, and licensors shall not be liable for any claims, injuries, or damages arising from or in connection with your use of the Services.
2.3. Background Checks
Reachitt may, at its discretion, use third-party consumer reporting agencies to perform various checks, including criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications ("Consumer Reports"). Please note that Reachitt does not endorse or make any representations or warranties regarding the reliability of these Consumer Reports or the accuracy, timeliness, or completeness of the information in the Consumer Reports. Reachitt does not independently verify the information in the Consumer Reports. By using the Reachitt Platform, you hereby consent to Reachitt collecting, using, and disclosing the information in the Consumer Reports. You understand and agree that Reachitt may review and rely on the information in the Consumer Reports to determine whether to suspend or terminate a User account or to investigate a complaint about a User. However, Reachitt shall not be responsible or liable in any way if any information in the Consumer Reports about any person, including any User, is not accurate, timely, or complete. Users who are the subject of Consumer Reports may contact the third-party consumer reporting agency to dispute any inaccurate, untimely, or incomplete information. Reachitt reserves the right to suspend and/or terminate a User account based on the information in the Consumer Reports or for any other reason at Reachitt's sole discretion.
2.4. Privacy
You can use the Reachitt Platform without providing personally identifiable information. However, when using the Services, you may be required to provide your personal data. For more details on how we handle your personal information, please refer to the Reachitt Privacy Policy.
2.5. Payment
Payment processing on the Reachitt Platform is facilitated by third-party payment processors, which may include Braintree, PayPal, Stripe, Skrill, Payoneer, and TransferWise. These payment processors enable us to: (a) Bill the Students on behalf of Tutors, thereby not directly processing your credit/debit card information; (b) Enable payouts to the Tutors. For clarity, when a Student makes a payment to Reachitt, it fulfills the Student's obligation with respect to the payment for the tutoring services provided by the Tutor via the Reachitt Platform. Please review the additional payment terms specified in the Refund and Payment Policy. For more information about the security of your payment and billing information, please refer to our Privacy Policy. We use third-party payment processors, such as Braintree, PayPal, Stripe, Skrill, Payoneer, and TransferWise, to enable payouts to the Tutors. For clarity, when a Student makes a payment to Reachitt, it fulfills the Student's obligation with respect to the payment for the tutoring services provided by the Tutor via the Reachitt Platform. Please check the additional payment terms specified in the Refund and Payment Policy.
2.6. Refund
Reachitt strives to ensure a clear understanding of the financial relations between Customers and Service Providers with respect to the services we provide. Please review our Refund and Payment Policy to find out more about how we handle refunds. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only.
RIGHTS AND LIMITS
3.1. Your Right to Use the Reachitt Platform
In case you are a Customer, Reachitt hereby grants you, on the Terms set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Reachitt Platform solely for your non-commercial personal use. In case you are a Service Provider, Reachitt hereby grants you, on the Terms set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Reachitt Platform solely for the provision of services to the Customers. You agree not to view, copy, or procure content or information from the Reachitt Platform by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data, or other materials from the Reachitt Platform unless formally authorized by Reachitt under separate written agreement. You agree not to inquire about the engagement of or to engage Service Providers to complete tasks, assignments, or work on your behalf. Further, you agree not to use the Services for any purpose that violates applicable laws, regulations, or any conduct policies. No Reachitt materials made available to you as part of the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Reachitt's prior written permission or as expressly provided in these Terms. You may not share or transfer your account credentials with any third party. Reachitt may impose reasonable limits on your scope of access to the Reachitt Platform, including limits on time or volume of information accessed or devices used to access the Reachitt Platform, to prevent unauthorized third-party use of the Services. All rights not expressly granted herein are reserved.
3.2. Your Account
Certain of our Services are reserved for registered users only. To become a registered user, you must create a Customer or Service Provider account on the Reachitt Platform through sign up forms. You agree that you are responsible for protecting your account details from unauthorized use, and you are responsible for all activity that occurs under those account details. You agree to notify us immediately if you believe that any of your account details have been or may be used without your permission so that appropriate action can be taken.
You may use the Reachitt Platform and its features without being a registered user. This shall not preclude the application of these Terms and other Reachitt rules and policies applicable to your use of the Platform, including but not limited to when you interact with the Platform.
You may not (i) create more than two accounts (one as a Service Provider and one as a Customer) to access the Reachitt Platform, (ii) share your account credentials with any third party, or (iii) transfer your account to any third party. Reachitt is not responsible for any loss or damage caused by or expense incurred by you as a result of your failure to safeguard your account credentials. You agree that you shall not rent, resell, or remarket the Reachitt Platform or provide access to the Services to any third party.
When you create an account on Reachitt, we may collect certain personal data directly from you, or if you create your account using a third-party service (Facebook, Google, Apple), we may collect personal data about you from the third-party service (your username or user ID associated with that third-party service). By choosing to create an account using a third-party service, you authorize us to collect the personal data necessary to authenticate your account with the third-party service provider.
You may select a profile photo or connect your Google or Facebook account to be displayed within your Customer account. Please be advised that the provision of your photo is not obligatory to use our Services. You may edit your account at your sole discretion. The security of any personal data you choose to share within your account is subject to our Privacy Policy.
When you create a Service Provider account, it is obligatory to provide your profile photo and the introduction video.
You may edit your account at your sole discretion by emailing team@reachitt.com. Adding more details to your Service Provider account may help you get the most out of your use of the Services, for instance, find more Customers. Therefore, it is your choice whether to include additional information within your account or not, such as country, language skills, education, and work experience. The security of any personal data you choose to share within your account is subject to our Privacy Policy.
3.3. Direct Interactions
Reachitt does not take part in direct interactions between Customers and Service Providers except when we consider it advisable: (a) to ensure compliance with these Terms; (b) to improve our Services; or (c) as stated in our Refund and Payment Policy. Reachitt does not have control over the services provided by the Service Providers, any reviews or ratings provided by the Customers, or any User acts and omissions.
3.4. Tutor-Specific Representations
Reachitt Tutors are expected to comply with the following representations and commitments: (i) Tutors will provide tutoring services in accordance with the Terms set forth herein and any other policies established by Reachitt and communicated to Tutors via email or by posting on the Reachitt Platform. (ii) Tutors will provide tutoring services in compliance with all applicable laws and regulations in the state or country where they are providing the tutoring services. (iii) Tutors are solely responsible and fully liable for any violation of local laws and regulations that apply to the provision of tutoring services. (iv) Tutors will offer tutoring services with reasonable care and skill, adhering to generally recognized practices. (v) Tutors will obtain all necessary registrations, certifications, licenses, and other documentation required in the applicable jurisdiction for providing tutoring services, and they are responsible for maintaining the validity of such documentation. (vi) Tutors will not provide tutoring services to Students outside of the Reachitt Platform, receive payments directly from Students, or encourage or solicit payment from Students directly or through any channels other than those provided by Reachitt. (vii) Tutors acknowledge and agree that Reachitt may advertise the tutoring services they provide via the Reachitt Platform without any additional payment or obligation to the Tutors. (viii) Tutors acknowledge and agree that Reachitt may make improvements to the introduction videos provided by Tutors for their accounts. These improvements may include video editing, adding the Reachitt logo to the video, improving the sound quality, and publishing the video on Reachitt's social media accounts, along with a description and a link to the Tutor's profile.
3.5. Tutors' Introduction Video and Profile Photo
Tutors grant Reachitt the rights to use their introduction videos, names, and profile photos for marketing, advertising, or promotional purposes, including but not limited to publishing on social media channels, video hosting, and streaming services such as YouTube, Vimeo, Facebook, or others, to ensure accessibility and visibility to the Students. Tutors may request the removal of any introduction videos published on social media channels, video hosting, and streaming services by contacting team@reachitt.com.
3.6. Tutors' Ranking
Reachitt utilizes various information to display Tutors that best match the preferences of Students. The order in which Tutors are presented depends on multiple factors, including but not limited to: • The subject the Student is searching for; • The country of the Student; • The Student's preferred language on the Reachitt Platform; • The time zone of the Student; • The overlap in standard business hours between the Tutor and Student's time zones; • The overall availability of time slots on a Tutor's calendar; • The Tutor's past performance in helping Students achieve their learning goals; • The completeness and quality of the Tutor's profile information, including their profile photo and introduction video; • The responsiveness of the Tutor to Students' messages; • Student reviews and ratings; • The Student's learning history on the Reachitt Platform.
3.7. User Complaints
If a User has a complaint about the Services, they should contact Reachitt at team@reachitt.com with the subject line 'Formal Complaint' (the "Complaint"), providing as much detail as possible about the Complaint. Reachitt shall respond to the User confirming receipt and shall conduct an internal investigation into the matter. If the Complaint relates to a specific Reachitt employee, another Reachitt representative will assist with the investigation. Reachitt shall respond to the User with its findings in response to the Complaint, and, where applicable, provide a suggested solution.
3.8. Lesson Recording
Users acknowledge and agree that, on occasion, Reachitt may record videos of their lessons. The purpose of these recordings is solely to ensure the quality of the Services. Recordings will not be shared externally, used for individual targeting, or utilized for any sales, marketing, or other promotional purposes. By using the Services, Users agree and give consent for such recordings on a gratuitous, unsolicited, and unrestricted basis. Users agree that Reachitt may use these recordings without any fiduciary or other obligation and without any additional compensation. Users may opt-out of any lesson recordings or request the removal of existing recordings by contacting team@reachitt.com.
3.9. Referral Program
Reachitt offers a referral program where Students and Tutors may invite individuals who are not registered users of the Reachitt Platform (the "Referee") using a referral link. Clicking on the referral link entitles the Referee to a discount on their initial purchase via the Reachitt Platform. Referral links are valid only for the Referee to whom they are sent. Reachitt reserves the right to terminate accounts found in violation and remove any credits or referral bonuses accumulated in breach of these Terms or Promotional terms, with or without notice. Discounts and referral bonuses eligibility is determined by Reachitt at its sole discretion, and Reachitt reserves the right to revoke a discount or referral bonus if eligibility criteria are not met. Eligibility requirements and other conditions will be disclosed during sign-up for the Services or as otherwise communicated by Reachitt. For Students: The Student Referrer will receive a discount when the Referee makes their initial purchase using the referral link. The discount amount for the Student Referrer and the Referee is subject to change. For Tutors: The Tutor Referrer will receive a referral bonus for every purchase the Referee makes. The referral bonus can be withdrawn as cash. The referral bonus amount for the Tutor Referrer and Referee is subject to change.
3.10. Limits
While using the Services, Users agree to abide by the User Code of Conduct.
REACHITT CONTENT
Users have a personal, non-transferable, non-exclusive right to use the Reachitt Content of the Reachitt Platform subject to these Terms. "Reachitt Content" refers to all information, text, images, data, links, or other material accessible through the Reachitt Platform, whether created by Reachitt or provided by a third party on or through the Reachitt Platform. The Content may contain typographical errors, other inadvertent errors, or inaccuracies. Reachitt reserves the right to make changes to the Reachitt Content without obligation to issue any notice of such changes. Users may view, copy, download, and print the Reachitt Content available on or through the Reachitt Platform, subject to the following conditions: (a) The Reachitt Content is available solely for personal use, and no part of the Reachitt Platform or the Reachitt Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, for any other purpose. (b) The Reachitt Content may not be modified. (c) Copyright, trademark, and other proprietary notices may not be removed. Nothing contained on the Reachitt Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Reachitt Platform or any Reachitt Content, except: (a) as expressly permitted by these Terms; or (b) with Reachitt's prior written permission or the permission of the third party that may own the trademark or copyright of the Reachitt Content.
USER-GENERATED CONTENT
"User-generated Content" refers to all comments, remarks, information, feedback, text, photographs, links, data, images, video, music, or other material that Users post to any part of the Reachitt Platform or provide to Reachitt, including content or information resulting from surveys. Reachitt is not responsible or liable for the conduct of Users or for views, opinions, and statements expressed in User-generated Content submitted for public display through the Reachitt Platform. Reachitt does not prescreen information posted online and acts as a conduit for such distribution, without responsibility for the User-generated Content. The opinions, advice, statements, services, offers, or other information in User-generated Content expressed or made available by Users are those of the respective authors or distributors and not of Reachitt. Reachitt neither endorses nor guarantees the accuracy, completeness, or usefulness of any User-generated Content. Users are responsible for ensuring that User-generated Content submitted to the Reachitt Platform does not violate any copyright, trade secret, or other intellectual property rights of another person or entity. Users shall be solely liable for any damages resulting from any infringement of copyrights, trade secrets, or other intellectual property rights or any other harm resulting from their use, uploading, posting, or submission of User-generated Content to the Reachitt Platform. Reachitt has the right, but not the obligation, to randomly monitor, edit, or remove any User-generated Content submitted on or through the Reachitt Platform at any time. If Users believe that their intellectual property rights have been infringed, they may submit their complaints to team@reachitt.com. All types of intellectual property claims, including copyright, trademark, and patent claims, may be reported. Reachitt promptly addresses the concerns of rights owners regarding any alleged infringement and terminates repeat infringers when appropriate. Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. "Lobbying" includes certain activities intended to influence legislation. User-generated Content does not constitute lobbying by Reachitt but may constitute lobbying by Users or organizations they represent. Users are responsible for complying with any applicable lobbying restrictions.
LINKS TO THIRD-PARTY WEBSITES
The Reachitt Platform may contain links to non-Reachitt websites for Users' convenience or as ancillary to the Services. Reachitt is not responsible for the content of any linked website. Any non-Reachitt website accessed from the Reachitt Platform is independent from Reachitt, and Reachitt has no control over that website's content. Reachitt does not accept responsibility for the content or use of such websites. Users are subject to the terms of service and privacy policy of any third-party website they use. Users are advised to exercise caution and good judgment when using third-party websites.
ADVERTISEMENT
Reachitt may run advertisements and promotions sponsored by third parties on the Reachitt Platform. Correspondence or business dealings with, or participation in promotions of, advertisers other than Reachitt found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the User and the advertiser. Reachitt is not responsible for any loss or damage incurred as a result of such dealings or the presence of non-Reachitt advertisers on the Reachitt Platform. Reachitt may also display advertisements on non-Reachitt websites to promote the tutoring services provided by Users via the Reachitt Platform and to help generate more Student leads.
NO IMPLIED ENDORSEMENTS
Reference to any third party or third-party product or service on the Reachitt Platform should not be construed as an approval or endorsement by Reachitt. Reachitt does not endorse, warrant, or guarantee any product or service offered by any third party and is not a party to or in any way monitors any transaction involving third-party providers of products or services. Users are responsible for exercising caution and good judgment when purchasing products or services through any medium or environment.
RELATIONS BETWEEN REACHITT AND USERS
Providing the Services, Reachitt acts as an on-demand intermediary, connecting Students and Tutors and facilitating tutoring services. Users acknowledge and agree that Reachitt is a technology services provider and does not directly provide online tutoring services or function as a language learning school. Reachitt does not act as an employer of any User unless separately subject to a signed, written employment contract by both the User and Reachitt. Users may utilize the Services solely for the provision and receipt of tutoring services, subject to these Terms. As Reachitt operates as a technology services provider, it will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, workers’ compensation insurance, social security, or payroll withholding tax in connection with Users' use of the Services. Users are solely responsible for adhering to all applicable tax regulations in connection with their use of the Services. Users agree to compensate Reachitt for all state fees, claims, payments, fines, or other tax liabilities incurred by Reachitt in connection with the obligations arising from applicable tax or other regulations not being met by the Users. In all cases of using the Reachitt Platform, Users are acting as independent contractors and not as Reachitt's or any other party's employee, agent, franchisee, or servant. Accordingly, Users will be solely responsible for all costs incurred and may not act as an employee, agent, or representative of Reachitt, nor bind any contract on behalf of Reachitt. If, by implication of mandatory law or otherwise, a User is deemed an employee of Reachitt, the User agrees to waive any claims against Reachitt that may arise as a result of such implied employment relationship. No User is entitled to participate in any Reachitt vacation, group medical or life insurance, disability, profit-sharing, retirement benefits, or any other fringe benefits or benefit plans offered by Reachitt to its employees. The Services provide a connection to Tutors who are willing to be engaged by Students as independent contractors. As independent contractors, each Tutor has the autonomy to decide when and how often they will be available to provide tutoring services to Students. Each Tutor controls the methods, materials, content, and all aspects of the tutoring services. The Services allow Tutors to create subject-specific tutoring services for a certain number of hours. Students are responsible for selecting the Tutor suitable for their learning goals. Students should verify each Tutor's self-reported credentials, education, experience, and reviews from other Students. Each Tutor has the sole discretion to accept or decline a request for tutoring services and to continue or discontinue a tutoring relationship with any Student. Tutors may, and in fact are encouraged, to perform tutoring services for others or engage in other types of work (either as an independent contractor, employee, or otherwise) while these Terms are in effect, including with Reachitt's competitors, if desired, provided that such other activities do not result in the Tutor's violation of the Terms.
ASSIGNMENT
Users may not assign or transfer their rights or obligations under these Terms in whole or in part to any third party without Reachitt's written consent. These Terms shall be binding and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees, and assigns.
FEEDBACK
Users acknowledge and agree that Reachitt may provide them with a mechanism to provide feedback, suggestions, and ideas about the Services or the Reachitt Platform (the "Feedback"). By submitting any Feedback, Users provide Reachitt with written consent to use their Feedback for the improvement and promotion of the Services. Users agree that submitting Feedback is gratuitous, unsolicited, and without restriction, and it will not place Reachitt under any fiduciary or other obligation. Reachitt is free to use the Feedback without any additional compensation to the Users and may disclose the Feedback on a non-confidential basis or otherwise to anyone. Users further acknowledge that, by accepting their Feedback, Reachitt does not waive any rights to use similar or related ideas previously known to Reachitt, or developed by its employees or obtained from sources other than the Users. Reachitt may, in its sole discretion, use the Feedback provided by Users in any way, including in future enhancements and modifications to the Services. Users hereby grant Reachitt and its assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose or without it, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to the Users or any third party.
REVIEWS
Users acknowledge and agree that Reachitt may calculate a composite rating based on comments and reviews left by other Users. Tutors agree to be rated by Students along several criteria, as suggested by Reachitt. Reachitt provides its automatic feedback and rating system as a means through which Users can express their opinions publicly. Reachitt does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless brought to Reachitt's attention by a User. Users may be held legally responsible for damages suffered by other Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Reachitt is not legally responsible for any feedback or comments posted or made available on the Reachitt Platform by any Users or third parties, even if that information is defamatory or otherwise legally actionable. Users agree to report violations or abuses of Reachitt's rating and feedback system immediately by contacting Customer Support.
NOTIFICATIONS
Unless otherwise indicated in writing, Reachitt will communicate with Users by email, regular mail, or by posting communications on the Reachitt Platform. Users consent to receive communications from Reachitt electronically and agree that these electronic communications satisfy any legal requirement that such communications be in writing. Users will be considered to have received a communication when Reachitt sends it to the email address provided by the User within their account or when Reachitt posts such communication on the Reachitt Platform. Users are advised to keep their email addresses updated in their accounts and regularly check the Reachitt Platform for postings. Failure to respond to an email message from Reachitt regarding a violation, dispute, or complaint within 2 (two) business days may result in the termination or suspension of the User's account. To stop receiving specific communications from Reachitt, Users may submit a notification by email at team@reachitt.com, or change notification preferences in their account.
TERMINATION
Reachitt may terminate any User's access to the Reachitt Platform in its sole discretion, for any reason, and at any time, with or without prior notice. Reachitt reserves the right to terminate Users who violate these Terms as deemed appropriate in its sole discretion. Reachitt may also terminate a Tutor's use of the Services under specific circumstances: (i) immediately for failure to comply with the Terms, including the User Code of Conduct, which constitutes a material breach of the agreement; (ii) for other cause, including, but not limited to, sexual or other unwelcome harassment, threats or intimidation, fraud, falsification of documents or qualifications; or (iii) upon 30 days' advance written notice for any reason. Reachitt may also delete or restrict access to or use of all related information and files. Reachitt will not be liable to Users or any third party for any modification, suspension, or termination of the Service or loss of related information. In the event Reachitt suspends or terminates a User's account due to a breach of these Terms or any of Reachitt's policies, the User understands and agrees that they shall receive no refund or compensation for any unused funds or scheduled lessons/classes, or loss of any content or information associated with their account. Additionally, Reachitt is entitled to withhold any funds remaining on the User's account as liquidated damages. If a User hasn't logged into their Reachitt account for more than 180 days, their account will be suspended, and any remaining balance will expire. Even after a User's right to use the Services has been terminated or suspended, these Terms will remain enforceable against them.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property in the design and layout of the Reachitt Platform and the material and information published on the website pages or within the Reachitt Platform functionality belongs to and is vested in Reachitt or its licensors. Users may not copy any part of the Reachitt Platform or otherwise do anything in relation to any part of the Reachitt Platform. Users may not use or reproduce any part of the Reachitt Platform or the material contained within it in any manner other than those listed above without first obtaining the prior written permission of Reachitt. Unless otherwise noted, all Reachitt Content contained on the Reachitt Platform is the property of Reachitt and/or its affiliates or licensors and is protected from unauthorized copying and dissemination by intellectual property laws. The service marks and trademarks of Reachitt, including Reachitt and the Reachitt logos, are service marks owned by Reachitt, Inc. Any other trademarks, service marks, logos, and/or trade names appearing via the Service are the property of their respective owners. Users may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner. Users may not link or frame to any pages of the Reachitt Platform or any Reachitt Content contained therein, whether in whole or in part, without prior written consent from Reachitt. Users may like, follow Reachitt, or share links to the Reachitt Platform via social networking technology referenced on the Reachitt Platform. Any rights not expressly granted herein are reserved.
COPYRIGHT INFRINGEMENT. DMCA NOTICE
Since Reachitt respects content owner rights, it is Reachitt's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If Users believe that any materials on the Reachitt Platform infringe their copyright, they may request that they be removed. Users can notify Reachitt's copyright agent as set forth in the DMCA. For a complaint to be valid under the DMCA, it must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and include specific information, including identification of the copyrighted work, the location of the allegedly infringing material on the Reachitt Platform, contact information of the complainant, and a statement that the complainant has a good faith belief that the use of the material is not authorized by the copyright owner or law. Users can submit this information to the team@reachitt.com Under federal law, knowingly misrepresenting that online material is infringing may subject the complainant to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees. Please note that this procedure is exclusively for notifying Reachitt and its affiliates of copyright infringement. Any other requests, inquiries, or communication will not receive a response through this process. In accordance with the DMCA and other applicable laws, Reachitt may limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
CONFIDENTIALITY
Users may obtain direct access via the Services to certain confidential information of Reachitt, its affiliates, or other Users, including personally identifiable information, technical, contractual, product, program, pricing, marketing, and other valuable information that should reasonably be understood as confidential ("Confidential Information"). Users agree to hold Confidential Information in strict confidence and not use the Confidential Information except for the purposes set forth in these Terms, and not disclose such Confidential Information to any third party. All right, title, and interest in the Confidential Information remain with Reachitt, its affiliates, and its Users. No obligation is imposed upon Users with respect to Confidential Information that they can establish by legally sufficient evidence: (a) they possessed prior to their receipt from Reachitt, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by the User, or otherwise without violation of the Terms; (c) they obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) they independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) is disclosed in response to a valid order by a court or other governmental body or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Reachitt adequate to afford Reachitt the opportunity to object to the disclosure.
DISCLAIMER OF WARRANTY
Use of the Services is entirely at Users' own risk. Reachitt disclaims all liability in connection with any interactions, correspondence, transactions, and other dealings that Users have with any third parties, including Students or Tutors found on or through the Reachitt Platform. Such interactions are solely between Users and the third party and may include issues related to the content of third-party advertisements, payments, services, delivery of goods, warranties (including product warranties), privacy and data security, and the like. Under no circumstances will Reachitt be liable for any loss or damage caused by Users' reliance on the information in any content on the Reachitt Platform. It is Users' responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Reachitt Platform. Users acknowledge that the Reachitt Platform and all Services, text, images, and other information on or accessible from the Reachitt Platform are provided "as is" and are based in part on listings provided by Tutors, which are not verified by Reachitt. Any tutoring services, listings, or other content acquired through the use of the Reachitt Platform are at Users' sole risk and discretion. Reachitt and its affiliates and licensors do not provide any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, Reachitt does not warrant that: (i) the information available on the Reachitt Platform is free of errors; (ii) the functions or services (including but not limited to mechanisms for downloading and uploading content) provided by the Reachitt Platform will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) the Reachitt Platform or the server(s) that make it available are free of viruses or other harmful components. Neither Reachitt nor its affiliates or licensors are responsible for the conduct, whether online or offline, between Users. In addition, notwithstanding any feature a Student may use to expedite Tutor selection, each Student is responsible for selecting their Tutor and negotiating a contract, and Reachitt does not warrant any goods or tutoring services purchased by a Student and does not recommend any particular Tutor. Reachitt does not provide any warranties or guarantees regarding any Tutor’s professional accreditation, registration, or license. Reachitt expressly disclaims any liability or claims that may arise between Users of its Services. Users are solely responsible for their interactions with all other Users and any disputes that arise from those interactions with other Users. Reachitt is not obliged but may attempt to assist in resolving disputes between Users.
LIMITATION OF LIABILITY
(a) Disclaimer. In no event shall Reachitt be liable to any User of the Reachitt Platform or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of use, inability to use, unauthorized access to or use or misuse of the Reachitt Platform or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if Reachitt has been advised of the possibility of such damages or losses. (b) Limitation. Users agree that Reachitt's total cumulative liability in connection with these Terms, the Reachitt Platform, the Services, the Reachitt Content, or any listing or services, whether in contract, tort, or otherwise, shall not exceed the amounts, if any, they paid to Reachitt for the Services in the then-prior three months. (c) Waiver of Class Action. Any claims brought by Users or Reachitt must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to Users.
INTERNATIONAL
The Reachitt Platform may be accessed from countries other than the United States and the United Kingdom. The Reachitt Platform and the Services may contain products or references to products that are only available within the United States and U.S. territories or the United Kingdom. Any such references do not imply that such products will be made available outside the United States or the United Kingdom. If Users access and use the Reachitt Platform outside the United States or the United Kingdom, they are responsible for complying with all applicable local laws and regulations. Reachitt makes no representation that information on the Reachitt Platform is appropriate or available for use outside the United States or the United Kingdom. Those who choose to access the Reachitt Platform from outside the United States or the United Kingdom do so on their own initiative and at their own risk. Please note that the following converted text is specific to a company called Reachitt.
EXPORT CONTROL
The laws of the United States of America prohibit the transmission, export, and re-export of certain products, services, downloadable software, and data (technical data) to particular persons, territories, and foreign states. Nothing from the Reachitt Services may be exported, in any way, in violation of United States law. As a UK-based company, Reachitt is committed to complying with UK export control regulations. The UK also imposes restrictions on the export of certain products, services, and technologies to specific destinations and individuals. Therefore, users of the Reachitt Platform must be aware of the following restrictions: Users in Iran, Sudan, Crimea, Cuba, Syria, North Korea, and the Temporary occupied territories of Donetsk and Luhansk oblast of Ukraine are strictly prohibited from accessing all or certain parts of the Reachitt Platform in order to comply with UK export control regulations. Additionally, users in any other country or region restricted by UK law are also not allowed to access the Reachitt Platform. The list of restricted countries and regions may be subject to change, and users are responsible for ensuring compliance with current UK export control regulations. Please note that depending on your exact location, you may encounter an IP or payment purchase block when attempting to enroll in or otherwise access the Reachitt Platform in order to ensure compliance with applicable export control laws. Reachitt values compliance with export control regulations and encourages all users to respect and adhere to these restrictions. If you have any questions or concerns regarding UK export control regulations and their impact on your use of the Reachitt Platform, please contact team @reachitt.com for further assistance.
LIQUIDATED DAMAGES
Reachitt and a User hereto acknowledge and agree that the funds that may be withheld under Section 14 of these Terms shall constitute liquidated damages and not penalties and are in addition to all other rights of Reachitt in case of the breach of these Terms. Reachitt and a User further acknowledge that (i) the amount of loss or damages likely to be incurred is incapable or is difficult to precisely estimate, (ii) the amounts specified in the abovementioned section bear a reasonable relationship to, and are not plainly or grossly disproportionate to, the probable loss likely to be incurred in connection with any material breach of the agreement by a User (iii) one of the reasons for Reachitt and a User reaching an agreement as to such amounts was the uncertainty and cost of litigation regarding the question of actual damages.
INDEMNIFICATION
By using the Reachitt Services, you agree to indemnify, hold harmless and defend Reachitt and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Reachitt Services, including but not limited to (a) acts and/or omissions on or off the Reachitt Platform; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Reachitt Platform; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Reachitt Platform, including without limitation any information, content, and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete, or misleading User information, including without limitation with respect to registration, profile, or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third-party websites, including without limitation such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products, and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third-party payment processors; and/or (m) use of any services or products or any contracts or arrangements made or provided based on information, content, and/or materials obtained on or through the Reachitt Platform. You further agree that you will cooperate as requested by Reachitt in defense of such claims. Reachitt reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of Reachitt without the written consent of Reachitt. In the event that you have a dispute with any User, you hereby release Reachitt (and its officers, directors, agents, investors, subsidiaries, employees, contractors, and any other third parties related to the Services) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
DISPUTE RESOLUTION
Any dispute arising out of consumer claims shall be finally resolved by individual arbitration in accordance with the rules of the Chartered Institute of Arbitrators (CIArb) in London, England. All disputes arising out of or relating to these Terms shall be finally resolved by individual arbitration in London, England. The arbitration shall be conducted in accordance with the rules of the Chartered Institute of Arbitrators (CIArb), except that a User residing in the US may elect to have the arbitration conducted at a location of Reachitt’s choice no more than 160 kilometers from the User’s residence. The individual arbitration must be before a single arbitrator and conducted in English. Any arbitration under these Terms will be between an individual User and Reachitt. To the fullest extent permitted by applicable law, and except as expressly provided below, you and Reachitt expressly waive any entitlement to resolve disputes in court or on a class, collective, or representative basis. You and Reachitt shall appoint as sole arbitrator a person mutually agreed by you and Reachitt or, if you and Reachitt cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by CIArb upon the request of either party. The parties shall bear equally the cost of the arbitration except (a) to the extent prohibited by applicable law; (b) that if the arbitrator determines that costs unique to arbitration (i.e., filing, administration, and arbitrator’s fees) would preclude a User from asserting a claim in arbitration, the arbitrator may require Reachitt to pay a greater share of such costs unique to arbitration; and (c) the prevailing party shall, to the extent permitted or required by applicable law, be entitled to an award of reasonable attorneys' fees and costs incurred in connection with the arbitration in such an amount as may be determined by the arbitrator. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, the application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Reachitt shall be entitled to seek temporary injunctive relief, security, or other equitable remedies from the High Court of England and Wales or any other court of competent jurisdiction.
GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that the parties may agree to resolve disputes through alternative dispute resolution methods, such as arbitration, as mutually determined
NON-SOLICITATION
Without limitation, the Reachitt Services may not be used to solicit for any other business, website, or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through Reachitt without express written permission from Reachitt. You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of Reachitt.
HEADINGS
The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
ENTIRE AGREEMENT. SEVERABILITY
These Terms, together with any amendments and any additional agreements you may enter into with Reachitt in connection with the Services, shall constitute the entire agreement between you and Reachitt concerning the Services. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
CONTACTS
For additional information and in case you have any questions about these Terms, please contact team@reachitt.com.
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