Note: YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT ENTITY.
1. BEEYMO ACCOUNTS
1.1 Account Eligibility
To use Site Services, you must register for an Account. To register for an Account, you must be and hereby represent that you are a legal entity or an individual 18 years or older who can form legally binding contracts. When you register for an Account, you also must agree to the terms of this Agreement. By registering for an Account, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described on the Site; (b) be financially responsible for your use of the Site and the purchase and/or delivery of Tutor Services; and (c) perform your obligations as specified by any Service Contract that you accept, unless such obligations are prohibited by applicable law or this Agreement. Beeymo reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or otherwise violates this Agreement, or for any other reason or no reason in Beeymo’s sole discretion.
1.2 Account Registration
To access the Site Services or become a Member, you must register for an Account with us. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You agree to provide true, accurate, and complete information to us and on all registration and other forms you access on the Site and to update such information to maintain its truthfulness, accuracy, and completeness.
- You must not provide misleading information about your location.
- You must not register for more than one Member Account without express written permission from Beeymo.
- You will not provide any false personal information on Beeymo, or create an account for anyone other than yourself without permission.
- If we disable your account, you will not create another one without our permission.
- You must be a legal entity or an individual 18 years or older who can form legally binding contracts.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- You will not create an account for anyone other than yourself without permission.
- In cases where you have authorized or registered for a minor to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse.
When a Member registers an Account, the Member will be asked to choose a username and password for the Account. You acknowledge and agree that you are entirely responsible for safeguarding and maintaining the confidentiality of the username and password you use to access your Account. You authorize Beeymo to assume that any person using the Site with your username and password either is you or is a User authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to or misuse of your password of your Account. Further, the contents of your Member Account (including feedback), and User ID may not be transferred or sold to another party.
1.4 Feedback and Rating
For the benefit of Users of the Site Services, Beeymo encourages you to leave objective, balanced feedback about Users with whom you have transacted. You acknowledge and agree that feedback results for you will consist of comments and ratings left by other Users and that Beeymo will make available to other Users a composite feedback number based on these individual ratings. Beeymo provides feedback as a means through which Users can share their opinions publicly, and Beeymo does not monitor or censor these opinions. Beeymo does not investigate any remarks posted by Users for accuracy or reliability unless a User requests Beeymo to do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. Beeymo is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Beeymo reserves the right (but is under no obligation) to remove posted feedback or information that in Beeymo’s sole judgment violates the Terms of Service or negatively affects our User community or operations.
You agree to report violations or abuses of our feedback system immediately by contacting Customer Support and agree not to take any actions that undermine the integrity of the feedback system, including, but not limited to, the following:
- Leaving feedback for yourself using a different username or another Member’s username.
- Leaving fake or inaccurate feedback for another User or Member.
- Soliciting other Members to leave fake or inaccurate feedback.
- Threatening to leave negative feedback to induce another User or Member to perform a task not required by the Member Contract.
- Withholding deliverables or funds required by the Member Contract to induce another User or Member to leave positive feedback or no feedback.
- Engaging in feedback solicitation, such as offering to sell or buy services in exchange for good feedback, trading feedback undeservedly, or buying feedback.
In order to protect the integrity of the feedback system and protect Users from abuse, Beeymo may investigate and has the right (but is under no obligation) to remove posted feedback or information under the following scenarios:
- It seeks to elicit or solicit any User’s contact information, such as other Users’ email addresses, for any non-Site related commercial or business purposes or to transmit any unsolicited advertising such as “junk mail,” “spam,” or “chain letters.”
- It contains language that is profane, vulgar, racist, or otherwise discriminatory, hate speech, or contains adult material. Insulting or inflammatory feedback is strongly discouraged but might not be removed absent other factors.
- It is shown to have been left by any User who is in violation of the Terms of Service or by or for a User who has conducted any fraudulent transaction.
- It is not directly related to transactions conducted through the Site.
- It makes any reference to actions taken or purported to be taken by Beeymo or any law enforcement organization.
- Beeymo is provided with a ruling or settlement agreement from a valid and certified dispute resolution service or is provided with a court order finding that the feedback or information posted is slanderous, libelous, defamatory, or otherwise illegal.
- The User who posted the feedback or information provided Beeymo with false contact information (as verified by Beeymo) and cannot be contacted by Beeymo.
- The User who posted the feedback or information is using the Site with the intent of leaving feedback as part of a campaign to harass Users or Members (in Beeymo’s sole judgment).
- The User who posted the feedback or information informs Beeymo that it was intended for another User and posts the feedback or information for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact Customer Support to file a feedback review request.
2. PURPOSE OF THE SITE AND SITE SERVICES
The Site is a venue where our Members use both our marketplace and our platform for online services. Students and Tutors become Members when they register for Beeymo Accounts pursuant to the Terms of Service. As Members, they use the Site directory and Tutor Services board functions to advertise, locate, introduce themselves to each other, screen and select each other, negotiate Session terms, and enter into Member Contracts between each other. Once two Members enter into a Member Contract, they use the Site to collaborate, communicate about, invoice and pay for the Session. Beeymo is not involved in the dealing and contracting between Students and Tutors.
3. CONTRACTUAL RELATIONSHIP BETWEEN STUDENT AND TUTOR
3.1 Member Contracts
Student and Tutor acknowledge and agree that when Tutor accepts a Session awarded by Student, Student and Tutor will be deemed to have entered into a “Member Contract” comprising the following agreements: (1) the remaining Terms of Service; (2) the Session terms awarded and accepted on the Site; and (3) any other contractual provisions accepted by both Student and Tutor and uploaded to the Site, to the extent not inconsistent with the Mandatory Terms. Members agree not to enter into any contractual provisions in conflict with the Terms of Service. Furthermore, the Student and Tutor each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of the foregoing covenants and agreements. The Student and the Tutor therefore agree that Beeymo has the right to take such actions with respect to the Member Contract, including without limitation suspension, termination, or legal actions, as Beeymo in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.
4. PAYMENT TERMS
You acknowledge and agree to honor your payment obligations applicable to your use of the Beeymo Services, and you agree not to circumvent Beeymo's fee structure, all in accordance with the Site Policies, and the Payment Service Terms and Conditions.
4.2 Service Fee
If you are a Tutor, you agree to pay Beeymo a Service Fee that Beeymo earns for creating, hosting, and maintaining the Site Services. The Service Fee is Beeymo deducts a 15% service fee from each tutoring sessions submitted by Tutors on the site. Whenever you receive a payment for a tutoring session, you irrevocably authorize and instruct Beeymo to deduct the corresponding Service Fee(s) from your Tutor Payment Account and make payment to Beeymo on your behalf. You must not establish more than one Payment Account. A Payment Account is mandatory for purchasing Beeymo Services, which have a BP price, but is otherwise optional.
4.3 Circumvention of Service Fees
You agree not to engage in any action or activity meant to circumvent the service fees. Prohibited practices include (but are not limited to) the following:
- Failing to report final service prices through the Beeymo Payment Service.
- Suggesting or soliciting Students to hire you outside the Beeymo system.
- Reporting on the Site a service price different than that agreed between Student and Tutor.
4.4 Beeymo Points (BP)
BP are a virtual currency and they are used in order to purchase services through Beeymo. BP is what you use to pay for all Services. 1 BP = 1 US Dollar. They can be used solely on the Site to purchase Services and have no value outside Beeymo.com. Beeymo accepts the following payment form: PAYPAL.
BP in a Payment Account may be used to pay Tutors and to pay service fees, connect fees, currency exchange fees and wire transfer fees, and any other Services as may be added time to time onto the Site.
A Student may add BP to their Payment Account by any of the methods available on the Site. The Student must reasonably intend that such amounts will be used to pay Beeymo or Tutors for Services purchased through the Site.
4.6 Formal Invoices and Taxes
Beeymo will have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Tutor Fees. Tutor will be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Tutor Fees and for issuing any invoices so required. Tutor will also be solely responsible for determining whether: (a) Tutor or Beeymois required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Tutor Fees and remitting any such taxes or charges to the appropriate authorities on behalf of itself or Beeymo, as appropriate; and (b) Beeymo is required by applicable law to withhold any amount of the Tutor Fees and for notifying Beeymo of any such requirement and indemnifying Beeymo (either by Beeymo, at our sole discretion, offsetting the relevant amount against a future payment of Tutor Fees to Tutor or Tutor reimbursing Beeymo for the applicable amount) for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Beeymo, Tutor agrees to promptly cooperate with Beeymo and provide copies of Tutor's tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Tutor is engaging in an independent business as represented to Beeymo.
4.7 Legal Relationships
Beeymo provides the Payment Account Service and requires you to use it to purchase BP, and to request and make payments of BP to and accept payments of BP from other Members, for the purchase and sale of Services through the Site.
As a Student, you agree not to pay fees for Tutor Services unless the fees are originated from the Beeymo Payment Account Service, and as a Student you acknowledge that you are not obligated to pay fees unless the fees are originated from the Beeymo Payment Account Service. As a Tutor, you agree to request fees from Students for Tutor Services only through requests for payment on the Beeymo Payment Account Service, and you agree to use this system for all Beeymo-originated business, whether first-time, repeat or follow-on. As a Tutor, you agree that a Student is not obligated to pay fees for Tutor Services unless you originated the request for payment through the Beeymo Payment Account Service.
You acknowledge that: (1) Beeymo is not a bank and the Payment Account Service is a payment service rather than a banking service; and (2) Beeymo is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (3) BEEYMO IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS.
By receiving or sending BP through the Payment Account Service or purchasing BP for your Payment Account, you authorize Beeymo to obtain the BP on your behalf and to transfer the BP to the recipient that you designate, subject to the terms and conditions of this Agreement.
4.8 Payment Provider
Beeymo through its 3rd party partners acts as a payment provider by creating, hosting, maintaining, and providing the Payment Account Service to you via the Internet. Beeymo does not have any control over the Tutor Services purchased or sold with the Payment Account Service, nor whether a Student or Tutor you are dealing with will actually complete the transaction. Nothing in the Payment Account Service will be deemed to constitute Beeymo your agent with respect to any Tutor Services purchased and sold by Users through the Site, or expand or modify any warranty, liability or indemnity stated in the Terms of Service.
You agree that you will not receive interest or other earnings on the BP in your Account.
4.10 How to Receive Payment for Services Using the Payment Account Service
To receive payment from a Student, you must use the Payment Account Service and you must follow the instructions and Payment Account Service links on the Site and provide the information requested. As a Tutor, you acknowledge and agree that when you instruct Beeymoto transfer BPfrom a Student using the Payment Account Service, such instruction is a representation that you have completed the applicable Services fully and satisfactorily.
4.11 How to Pay for Services Using the Payment Account Service
To pay a Tutor, you must use the Payment Account Service and you must follow the instructions and links on the Site and provide the information requested. Unless you have a balance in your Payment Account, Beeymo will ask to charge your PayPal for the necessary amount. By providing us with your PayPal account information, you authorize us to charge such PayPal account for the amounts stated on the applicable Payment Service web page.
As a Student, you acknowledge and agree that when you instruct Beeymo to pay a Tutor using the Payment Account Service, such instruction: (1) is a representation that the Tutor has completed the applicable Services fully and satisfactorily, and (2) constitutes an irrevocable instruction to Beeymo to transfer BP to the Tutor. Once Beeymo has transferred BP to the Tutor, Beeymo may not be entitled to demand return of the BP.
4.12 Authorized Payments are Final
Your use of the Payment Account Service constitutes your agreement to transfer BP for any amounts which you authorize us to charge against your Account and, as appropriate, your PayPal account. Such payments, once authorized, ARE FINAL. No refunds will be given for BP's purchased.
4.13 Erroneous Transfers
Beeymo reserves the right to seek reimbursement from you as a Tutor, and you will reimburse Beeymo, if Beeymo discovers erroneous or duplicate transactions from any Student. Beeymo may obtain such reimbursement by charging the applicable Tutor's Account, deducting amounts from future payments owed to the Tutor, or obtaining reimbursement from such Tutor by any other lawful means. Failure to pay for reimbursements of is cause for termination of Services.
4.14 BP Expiration Policy
BP's in a member account will be valid for as long as the member remains active on Beeymo. If the member has not logged into his/her account at least once in the previous 3 months, the BP's will expire. For a member to keep their BPs active, they must login at least once every 3 months to their Beeymo account. BPs are then valid for another 3 months following the most recent login date.
4.15 Session Bundle Expiration Policy
Session bundles on Beeymo are valid for four (4) months. A reminder will be sent to both the student and the tutor when the expiration date of their bundle is one month away. An additional reminder will be sent one week before the expiration date, requesting replies from both the student and the tutor. If no reply has been received from the student, then all remaining BP in the bundle will be sent to the tutor, minus Beeymo's normal commission. In the event that the tutor is no longer an active member (no reply is received from tutor), then all remaining BP in the bundle will be returned to the student.
4.16 Session Bundle Refund Policy
All purchase of Bundles, once authorized, ARE FINAL. No cancellations will be provided.
The Payment Account Service operates in BP which are tied to USD and therefore Beeymo is not responsible for currency fluctuations that occur when billing or crediting a payment denominated in a currency other than USD, nor is Beeymo responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or ACH when purchasing BP or withdrawing an BP balance.
4.18 Withdrawal of Funds
To withdraw funds from your Payment Account, you must request such funds using any of the withdrawal methods available on the Site. Any such requests shall be subject to the conditions and restrictions contained on the Site and in the Terms of Service. Notwithstanding any other provision of the Terms of Service, if Beeymo determines in its sole discretion that a Member has violated the conditions and restrictions of the Site or Terms of Service, Beeymo will have the right to refuse to process the withdrawal.
4.19 Hold on Account Funds
Beeymo reserves the right, at its sole discretion, to place a hold on funds if Beeymo suspects monies were used in fraud or criminal activities. Beeymo will release a hold as soon as practical.
4.20 Disputes Between Students and Tutors
Any disputes in connection with Services provided by Tutors or payments made by Students remain between such Students and Tutors. By using the Payment Account Service, you agree to follow the Dispute Resolution Process. You further acknowledge that Beeymo will not be a party to any such dispute. Beeymo will attempt to take the actions set forth in the Dispute Resolution Process, but Beeymo will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute. Beeymo may, at its sole discretion, withhold or delay payment or continue to hold amounts or make payment or release amounts in the event of dispute between a Student and a Tutor.
4.21 Reservation of Rights
Beeymo reserves the right to seek reimbursement from any Tutor and Tutor will reimburse Beeymo if Beeymo discovers erroneous or duplicate transactions for the amount of such transaction from such Tutor. Beeymo may obtain such reimbursement by deducting from future payments owed to such Tutor, by reversing any credits to such Tutor's bank account, or by seeking reimbursement from such Tutor by any other lawful means.
5.1 Session Refunds
A Student may request BP be refunded to their Payment Account if the terms of their Agreement with the tutor were not met. The Tutor may agree to the refund in which case BP will be immediately returned to the Student's Payment Account. If the Tutor disagrees that the terms of the Agreement were not met, then the disagreement is automatically raised to be a Dispute, to await judgment from Beeymo. BP for the payment of the Session in question will be held until the resolution of the Dispute.
In the event that you have a dispute with another User, the Dispute Resolution Process consists of two phases:
- Member Resolution – The Student and Tutor will communicate and reach agreement on whether a BP refund to the Student Payment Account is acceptable or to transfer the BPs to the Tutor's Payment Account, or to reschedule.
- Beeymo Dispute Judgment – If the Student and Tutor cannot agree, then the dispute is brought to the attention of Beeymo. Beeymo will review all submitted materials pertaining to the Dispute and make a final ruling.
5.3 Important Dates
"Dispute Date" means in the event of a prothe date five (5) days following the Session Date. A Member does not have a right to initiate a dispute after the Dispute Initiation Limitations Date. The time that the Dispute Initiation Limitations Date expires is exactly 120 hours (or five full days) after the end or scheduled end of the Session in dispute. If no dispute has been initiated by a Member before the Dispute Initiation Limitations Date, then the Session will be considered fully valid and the Tutor will receive their payment. No further disputes will be heard in this case and the Student does not have the right to ask for Beeymo Dispute Judgment.
In the case where a Student has initiated a dispute and the Tutor has contested the dispute in a timely fashion, Beeymo will review materials on beeymo.com regarding the session in question to help render its judgment. Beeymo may, at is sole discretion, ask the Student and the Tutor to provide any additional materials regarding the dispute. Beeymo will make a ruling within 30 business days of the Contest Dispute Limitations Date and authorize release of BP to the Tutor's Payment account if it finds in favor of the Tutor, or return BP to the account of the Student if it finds in favor of the Student. Beeymo will be a neutral third party and will have no further obligations. No Beeymo employee is authorized to make any recommendation or guaranty regarding the dispute.
If you initiate an excessive number of disputes, Beeymo reserves the right to terminate this Agreement immediately upon giving notice to you. However, any disputes that existed prior to termination will be subject to these terms.
All claims between you and the Opposing Party must be resolved in accordance with the terms on this page. All claims filed or brought contrary to these terms shall be considered improperly filed and therefore, dismissed.
You acknowledge and agree that a substantial portion of the compensation Beeymo receives for making the Site available to you is collected as a deduction of the Service Fee described in Section 4.2 (Service Fee). Beeymo only deducts this Service Fee when a Student and a Tutor pay and receive payment through the Site. Therefore, for 24 months from the time you identify or are identified by any party through the Site (the "Non-Circumvention Period"), you must use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (the "Beeymo Relationship").
Non-Circumvention: You agree not to circumvent the Payment Methods offered by the Site. By way of illustration and not in limitation of the foregoing, you must not:
- Submit proposals or solicit parties identified through the Site to contact, hire, work with, or pay outside the Site.
- Accept proposals or solicit parties identified through the Site to contact, deliver services, invoice, or receive payment outside the Site.
- Invoice or report on the Site or in an Opt-Out Fee request an invoice or payment amount lower than that actually agreed between Student and Tutor.
You agree to notify Beeymo immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Beeymo by sending an email message to: firstname.lastname@example.org
7. INTELLECTUAL PROPERTY
7.1 License and Site Access
Subject to and conditioned on compliance with the Terms of Service, Beeymo grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of Beeymo or the rights holder, unless such actions have previously been expressly permitted by Beeymo or the rights holder for the content in question. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Beeymo.
7.2 Reservation of Rights; Limited Licenses
Beeymo and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The Beeymo logo and name are trademarks of Beeymo, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.
Except as expressly stated above, nothing in the Terms of Service confers any license under any of Beeymo's or any third party's intellectual property rights, whether by estoppel, implication or otherwise.
8. COPYRIGHT POLICY
8.1 Removal of Material for Which Copyright Infringement is Claimed
Beeymo has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with applicable law. If you believe your copyrights are being infringed by a user of the Services available at the domain and sub-domains of www.Beeymo.com, please notify Customer Service with written notice as detailed within this subsection.
The information requested substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a tutor that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the tutor to locate the material.
- Information reasonably sufficient to permit the tutor to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
9. POSTING INFORMATION OR CONTENT
You agree to provide true, accurate, and complete information whenever you post any information or content on the Site (including, but not limited to, posting a request for Tutor Services, providing a proposal for a posted Engagement, posting your profile, and providing feedback). You agree to update such information whenever it changes. You agree to use good judgment when posting information, remarks, or other content regarding other Users, Members, Students, Tutors, Beeymo, or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Students, Tutors, Beeymo, or other third-parties as a result of legally actionable or defamatory comments, remarks, or other information or content that you post to the Site. Under federal law (specifically, the Communications Decency Act of 1996), Beeymo is not legally responsible for any remarks, information, or other content posted or made available on the Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. Beeymo is not responsible for, and does not monitor or censor, content posted on the Site for accuracy or reliability. Beeymo reserves the right to remove or restrict access to any information, content, or Engagements posted or made available on the Site in our sole discretion, if ordered to do so by a court, or if Beeymo considers such information or content to be in violation of the Terms of Service.
You agree NOT to do any of the following on the Site:
- Use Beeymo to transmit any content or conduct any transaction that would violate any applicable law or regulation in any country.
- Post any listings that are fake, posted without the intention to award or complete the lessons or posted only to receive pricing information.
- Use Beeymo to transmit any content that infringes a third party's intellectual property rights, license rights, the terms and conditions of use of such third party's Web site or copyrighted materials or such third party's rights of publicity or privacy.
- Use Beeymo to transmit any content related to or containing any adult or sexually explicit material.
- Use Beeymo in any manner related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.
- Post advertisements, solicitations or offers of full-time employment.
- Post false or misleading information about a product, service or service request.
- Post logos, seals or slogans from third parties on the Site unless such material is provided by Beeymo or a Beeymo partner, or you have received express written permission from Beeymo to display such third-party logo, seal or slogan.
- Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
- Post or transmit unprofessional or offensive comments about a User, Member, Tutor, Student, Beeymo or any third party.
- Use Beeymo to transmit any content that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work; for example by passing off the skills, ideas or words of another as one's own; using another's production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.
- Suggest or solicit another User to contact you directly in order to buy or sell Services outside of Beeymo.
- Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- Tamper with postings of other Users, Members or Beeymo.
- Solicit or gather any User's or Member's information available from the Site, such as other Usernames and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.
- Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site.
- Use robots, spiders, scrapers or other automated means to access information in our Site for any purpose without express written permission from Beeymo.
- Post or introduce software on the Site that: (i) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other software, firmware, hardware, computer system or network (sometimes referred to as "viruses" or "worms"); (ii) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time bombs," "time locks" or "drop dead" devices); (iii) would permit you or any other person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as "traps," "access codes," or "trap door" devices, or "spyware"); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.
- Frame or link to the Site except as permitted in writing by Beeymo.
- Impersonate or misrepresent your affiliation with any person or entity.
- Repeat any action after you receive warning or request to desist from Beeymo, whether or not that action is explicitly prohibited in the policies stated on the Site.
- Fail to respond to an email from Beeymo regarding violation, dispute or complaint within two business days.
- Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site.
- Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).
- Copy, modify or distribute content from the Site, except for your own information and use, without the prior express written permission from Beeymo.
- Violate any other policies stated on the Site.
Violation of these rules may result in suspension or termination of your Account, in addition to all other remedies available to Beeymo or other Users or Members. If you are aware of a potential violation, please contact Customer Service. In order to operate the Site, Beeymo must have certain rights. Consequently, when you post information, text, files, links, attachments, software or other materials to publicly visible areas of the Site, you are granting, or warranting that the owner of such Content has expressly granted a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed.
10. RECORDS OF COMPLIANCE
Student and Tutor will each (1) create and maintain records to document satisfaction of their respective obligations under this Agreement and any Service Contract, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (2) provide copies of such records to Beeymo upon request. Nothing in this subsection will be construed as requiring Beeymo to supervise or monitor a User's compliance with this Agreement, the other Terms of Service, or a Service Contract.
11. RELATIONSHIP WITH BEEYMO
Beeymo is not a party to the dealings between Student and Tutor, including posts, proposals, screening selection, contracting, and performance of Tutor Services. Beeymo does not introduce Tutors to Students or help Tutors find Engagements. Beeymo merely makes the Site Services available to enable Tutors to identify and determine the suitability of Students for themselves and to enable Students to identify and determine the suitability of Tutors for themselves. Beeymo does not, in any way, supervise, direct, or control Tutors or Tutor's work. Beeymo does not set Tutor's work hours, work schedules, or location of work, nor is Beeymo involved in determining if the Tutor Fees will be set at an hourly or fixed rate for a Service Contract. Beeymo will not provide Tutor with training or any equipment, labor, or materials needed for a particular Service Contract. Beeymo does not provide the premises at which the Tutor will perform the work. Beeymo makes no representations about, and does not guarantee the quality, safety, or legality of, the Tutor Services; the truth or accuracy of Tutor's listings on the Site; the qualifications, background, or identities of Users; the ability of Tutor to deliver the Tutor Services; the ability of Students to pay for the Tutor Services; or that a Student or Tutor can or will actually complete a transaction.
Beeymo does not deduct any amount for withholding, unemployment, Social Security, or other taxes for Student or Tutor; each of which is solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to Tutor's performance, and Student's acceptance, of Tutor Services.
Beeymo is not required to and may not verify any feedback or information given to us by Tutors or Students, nor does Beeymo perform background checks on Tutors or Students.
You hereby acknowledge and agree that Beeymo may provide information on the Site about a Tutor or Student, such as feedback, a strength or risk score, geographical location, or verification of identity, experience or credentials. However, such information is based solely on data that Tutor or Student voluntarily submits to Beeymo and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Beeymo; Beeymo provides such information solely for the convenience of Users.
12.1 Entire Agreement
This Agreement, together with the other Terms of Service and any other legal notices and agreements published by Beeymo on the Site, sets forth the entire agreement and understanding between you and Beeymo relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in this Agreement are included for ease of reference only and have no binding effect. Even though Beeymo drafted this Agreement, you represent that you had ample time to review and decide whether to agree to the terms of this Agreement. If an ambiguity or question of intent or interpretation of this Agreement arises, no presumption or burden of proof will arise favoring or disfavoring you or Beeymo because of the authorship of any provision of this Agreement.
12.2 Side Agreements
Notwithstanding subsection 12.1 (Entire Agreement), Students and Tutors may enter into any supplemental or other written agreements that they deem appropriate (e.g., confidentiality agreements, work for hire agreements, Engagement of rights, etc.). The terms and conditions of this Agreement, however, will govern and supersede any term or condition in a side agreement that purports to expand Beeymo’s obligations or restrict Beeymo's rights under this Agreement.
User will not violate any applicable foreign, federal, state, or local laws or third-party rights on or related to the Site. Without limiting the generality of the foregoing, User agrees to comply with all applicable laws and regulations, including, but not limited to, import and export control laws and third parties' Intellectual Property Rights.
No modification or amendment to this Agreement will be binding upon Beeymo unless in a written instrument signed by a duly authorized representative of Beeymo. For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices, but will include facsimiles.
12.5 No Waiver
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party's right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of such party.
User may not assign this Agreement, or any of its rights or obligations hereunder, without Beeymo's prior written consent in the form of a written instrument signed by a duly authorized representative of Beeymo (and, for the purposes of this subsection, a written instrument will expressly exclude electronic communications such as email and electronic notices, but will include facsimiles). Beeymo may freely assign this Agreement without User's consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.
If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
12.8 Force Majeure
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party will be extended by the period of such delay. Irrespective of any extension of time, if an event of Force Majeure occurs and its effect continues for a period of 60 days, either the party may give to the other a 30-day notice of termination. If, at the end of the 30 day period, the effect of the Force Majeure continues, the Agreement will terminate.
12.9 Prevailing Language and Location
The English language version of this Agreement will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in Canada. Beeymo makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable foreign, Canadian, United States, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export Administration Regulations maintained by Canada's Department of Commerce and the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving Canadian origin products, including services or software. You may not use or access the Site if you are: (a) a resident of a geographic area embargoed by the Canada; (b) subject to Canada's economic sanctions that prohibit your use or access to the Site; or (c) a foreign person or entity blocked or denied by the Canadian government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in Canada.
12.10 Communications from you to Beeymo
All notices to Beeymo or our Affiliates intended to have a legal effect must be in writing and delivered either (a) in person; (b). by a means evidenced by a delivery receipt, to the following address: Attn: Legal, 4827 rue Jolicoeur, Pierrefonds, Quebec, H9H 5H5; or (c) in writing via email to email@example.com. All such notices are deemed effective upon documented receipt by Beeymo. Beeymo does not accept service of any legal process by email or mail; all such service should occur by hand delivery on Beeymo or its registered agent for service of process.
The Agreement hereby incorporates all terms and conditions, rules, policies, and guidelines on the Site, including:
- Payment Account Service Terms and Conditions
- Copyright Policy
- Registration Information
- Safeguarding Your Password
- Posting Information or Content
- Tutor and Student Obligations
- Rating and Feedback System
- Providing Services
- Tutor Service Fees
- Enforcement of Site Policies
- Dispute Resolution Process
- Contacting Customer Service
13. BEEYMO'S ROLE
13.1 Service Contracts
You expressly acknowledge, agree, and understand that: (a) the Site is merely a venue where Users may act as Students and/or Tutors; (b) Beeymo is not a party to any Service Contracts between Students and Tutors; (c) you are not an employee of Beeymo and that Beeymo does not, in any way, supervise, direct, or control the Tutor or Tutor Services; (d) Beeymo will not have any liability or obligations under or related to Service Contracts or any acts or omissions by you or other Users; (e) Beeymo has no control over Tutors or the Tutor Services offered or rendered by Tutors; and (f) Beeymo makes no representations as to the reliability, capability, or qualifications of any Tutor or the quality, security, or legality of any Tutor Services, and Beeymo disclaims any and all liability relating thereto. The Site functions as a venue where our Members use both our marketplace and our platform for online services. Through our Services, we enable Students to connect with Tutors who provide live, one-to-one instruction, tutoring and learning services. Students and Tutors become Members when they open Beeymo accounts. Members may upload information related to learning.
Beeymo acts as a marketplace to allow Members who comply with Beeymo’s policies to offer, sell or buy tutoring services at rates set by the Tutor. As Members, they use the Services to search, advertise, locate, connect, introduce themselves to each other, screen and select each other. The Services include, without limitation, keeping track of users' favorite Tutors, facilitating Tutoring Sessions, and taking feedback from users. The Site is also a venue where Beeymo provides to Students and Tutors certain collaboration, feedback, credit purchase and payment tools, dispute resolution process and dispute assistance, and other Services.
Beeymo is not directly involved in the transaction between Students and Tutors. As a result, Beeymo has no control over the truth and accuracy, quality, safety, morality or legality of any aspect of the services offered by members and member generated content. Beeymo does not pre-screen members or the content or information provided by members.
Beeymo cannot guarantee the true identity, age, capabilities, and nationality of a member. Beeymo encourages members to review a tutor’s profile, recommendations, and ratings through the tools available on the Site. You agree that Beeymo is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, member names, graphics, images, photographs, profiles, audio, video, items, and links posted by members, other members, or outside parties on Beeymo. You use the Beeymo service at your own risk.
13.2 Directory of Tutors
The Site contains a directory of Tutors. The directory is populated with information from third-party sources, from Tutors themselves, and from other Members. Beeymo provides this directory as a convenience and does not confirm or verify the information contained in it.
14.1 Communications from Beeymo to you
By visiting the Site, you are deemed to have executed this Agreement electronically; effective on the date you visit the Site. Visiting the Site constitutes your acknowledgement that you are able to electronically receive, download, and print this Agreement. Unless you otherwise indicate in writing to Customer Support, Beeymo and our Affiliates will communicate with you by email or by posting communications on the Site. You will be considered to have received a communication when Beeymo sends it to the email address you have provided to Beeymo on the Site or when Beeymo posts such communication on the Site. You must keep your email address updated on the Site, and you must regularly check the Site for postings. Without limiting Beeymo’s other rights under this Agreement, if you fail to respond to an email message from Beeymo regarding a violation, dispute, or complaint within two Business Days, Beeymo has the right to suspend or close, in our sole discretion, your Account.
14.2 Communications from you to Beeymo
All notices to Beeymo or Affiliates intended to have a legal effect must be in writing and delivered either (i) in person; (ii) by a means evidenced by a delivery receipt, to the following address: Beeymo, Inc., 184 Rue Donnacona, Dollard-des-Ormeaux, Montreal, Quebec, Canada, H9B 1Y4 Attn: General Counsel; or (iii) in writing via email to firstname.lastname@example.org. All such notices are deemed effective upon documented receipt by Beeymo. Beeymo does not accept service of any legal process by email or mail; all such service should occur by hand delivery to Beeymo or its registered agent for service of process.
Beeymo, located at 184 rue Donnacona, Dollard-des-Ormeaux, Montreal, Quebec, H9B 1K7, is the provider of the electronic commercial service on the Site. Members are notified, via the Site, in advance regarding any applicable service charges. Upon your request, you may have this Agreement sent to you by email. Please contact Beeymo to resolve a complaint regarding any aspect of service relating to the Site by writing to the attention of Customer Support at the above address or contact us through Customer Support.
Beeymo encourages open, complete and professional communication between Students and Tutors. Students and Tutors can use email, chat, and telephone to clarify lesson or course descriptions, scope or any specific requirements. Open communication helps Tutors to develop relevant curriculum and Students to make informed decisions. You are required to use Beeymo to manage learning sessions and to maintain an electronic record of all written communication including clarifications and agreements around lesson scope, deliverables, services, timeframes, price, feedback, requests for revisions, acceptance of deliverables and completion of services. Also, transcribe relevant emails, instant messages, telephone or in-person conversations between the Student and the Tutor to maintain a record of what is agreed. In the event of a dispute, all written communication on Beeymo will serve as the record for resolution of the dispute. A communication that is not referenced on Beeymo cannot be submitted as evidence in non-judicial dispute resolution after a dispute is reported.
- Please note: Beeymo provides profile CONTACT INFORMATION section for you to enter your email address, telephone number and instant message IDs. You may not enter your contact information in other sections of your profile or Beeymo outside of the CONTACT INFORMATION section.
17. LICENSES AND THIRD-PARTY CONTENT
17.1 Site License and Intellectual Property Rights
Subject to and conditioned on compliance with this Agreement, Beeymo grants you a limited license to access and, if you have created an Account, to use the Site for the purpose using the Site Services. You must not access (or attempt to access) the Site or Site Services by any means other than the interface provided, and you will not use information from the Site or Site Services for any purposes other than the purposes for which it was made available. You agree not to use the Site or Site Services for offering any goods or services other than Tutor Services as permitted by this Agreement. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Site or Site Services in any way for any public or commercial purpose without Beeymo’s prior written consent. You must not use any content of the Site or Site Services on any other website or in a networked computer environment for any purpose except your own viewing. You must not frame or link to the Site or Site Services except as permitted in writing by Beeymo. You must not attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law. You will not access Site Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Site Services. Beeymo and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Site Services. The Beeymo logos and names are trademarks of Beeymo and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners. Except as expressly stated in this Agreement, nothing in this Agreement confers any license under any of Beeymo's or any third party's Intellectual Property Rights, whether by estoppel, implication, or otherwise.
17.2 User Content License
When you post User Content on the Site or through the Site Services, you represent and warrant that you have the right, power, and authority to post that User Content and grant the licenses specified below. You further represent and warrant that by posting such User Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such User Content and that Beeymo may exercise the rights to your User Content granted under this Agreement without any liability or obligation for any payment.
The licenses to User Content granted by you in this Agreement will terminate within a commercially reasonable time after you remove or delete your User Content from the Site, except that you grant Beeymo and our successors and Affiliates the irrevocable and perpetual license to retain and use, but not publicly display or distribute, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law.
You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, "Ideas"). By submitting any Ideas, you agree that: (a) your disclosure is gratuitous, unsolicited, and without restriction and will not place Beeymo under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) we are free to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, Beeymo does not waive any rights to use similar or related ideas known or developed by Beeymo or obtained from sources other than you.
17.3 Unauthorized Access and Use; Site Interference; Malicious Software
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. You will not access the audiovisual content available on the Site for any purpose or in any manner other than streaming. You agree that you will not: (a) take any action that imposes or we believe may impose (in our sole discretion) an unreasonable or disproportionately large load on the Site's infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of Beeymo and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (g) collect or harvest any personally identifiable information, including Account names, from the Site; (h) access any content on the Site through any technology or means other than those provided or authorized by the Site; or (i) directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products, or services.
Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site or the Site software that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any other software, firmware, hardware, computer system, or network of Beeymo or any third party.
You are responsible for creation, storage, and backup of your business records. The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating any responsibility on Beeymo's part to store, backup, retain, or grant access to any information or data for any period.
17.5 Third-Party Verification
The Site makes available various services provided by third parties to verify a User's credentials and provide other information. Any information or content expressed or made available by these third parties or any other Users is that of the respective author(s) or distributor(s) and not of Beeymo. Beeymo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than Beeymo's authorized employees acting in their official capacities.
17.6 Links and Applications
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites are owned and operated by the third parties and/or their licensors. Your access and use of third-party websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party websites. You acknowledge and agree that Beeymo is not responsible or liable for: (a) the availability or accuracy of third-party websites; or (b) the content, advertising, or products on or available from third-party websites. You are responsible for deciding if you want to access third-party websites by clicking on a link or installing an application. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website via the Site is on an "as is" and "as available" basis without any warranty for any purpose.
17.7 No Agency
The Terms of Service and registration of this Site will not be regarded as having an agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Beeymo.
17.8 Mobile and Other Devices
When using our mobile applications, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. Our mobile applications may not contain the same functionality available on the Site.
We may from time to time in our sole discretion develop and provide Site Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we do not have any obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You will promptly download and install all Updates and acknowledge and agree that Site Services or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be subject to the terms of this Agreement, unless otherwise provided in terms associated with such Update. Beeymo reserves the right, at any time, to modify, suspend, or discontinue Site Services or any part thereof without notice. You agree Beeymo will not be liable to you or any third party for any modification, suspension, or discontinuance of Site Services or any part thereof.
18. CONFIDENTIAL INFORMATION
To the extent a Student or Tutor provides Confidential Information to the other, the recipient will protect the secrecy of the discloser's Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose another's Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another's Confidential Information, except as necessary for the performance of Tutor Services for the relevant Service Contract (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use by Tutor); and (c) limit access to another's Confidential Information to its personnel who need to know such information for the performance of Tutor Services for the relevant Service Contract.
If and when Confidential Information is no longer needed for the performance of the Tutor Services for a Services Contract or at Student’s or Tutor's written request (which may be made at any time at Student's or Tutor's sole discretion), the party that received Confidential Information, will, at its expense, promptly destroy or return the disclosing party's Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. The party that received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of disclosing party's written request for such certification.
Without limiting Section 18.1 (Confidentiality), Student, Tutor, and Beeymo will not publish, or cause to be published, any other party's Confidential Information or Work Product, except as may be necessary for performance of Tutor Services for a Services Contract.
19. WARRANTY DISCLAIMER
YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. BEEYMO MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEEYMO DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 23 (TERM AND TERMINATION) STATES USER'S SOLE AND EXCLUSIVE REMEDY AGAINST BEEEYMO WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
20. LIMITATION OF LIABILITY
Beeymo is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:
- your use of or your inability to use our Site or Site Services;
- delays or disruptions in our Site or Site Services;
- viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
- damage to your hardware device from the use of the Site or Site Services;
- the content, actions, or inactions of third parties' use of the Site or Site Services;
- a suspension or other action taken with respect to your account;
- your reliance on the quality, accuracy, or reliability of Job postings, Tutor profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Site; and
- your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
ADDITIONALLY, IN NO EVENT WILL BEEYMO, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF BEEYMO, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE LESSER OF: (A) $2,500; OR (B) ANY FEES RETAINED BY BEEYMO WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS STUDENT OR TUTOR DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
In addition to the recognition that Beeymo is not a party to any contract between Student and Tutor, you hereby release Beeymo, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Tutor Services provided to Student by a Tutor and requests for refunds based upon disputes. Procedures regarding the handling of certain disputes between Users are discussed in subsection 5 (Dispute Resolution).
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF QUEBEC'S CIVIL CODE WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.")
This release will not apply to a claim that Beeymo failed to meet our obligations under this Agreement.
You will indemnify, defend, and hold harmless Beeymo, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an "Indemnified Party") from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party against an Indemnified Party relating to: (a) use of the Site and the Site Services by you or your agents, including any payment obligations incurred through use of the Site Services; (b) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a Tutor as an independent contractor; the classification of Beeymo as an employer or joint employer of Tutor; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with this Agreement by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.
23. AGREEMENT TERM AND TERMINATION
This Agreement will become effective upon your first visit to the Site and will remain in effect for the duration of your use of the Site. Unless both you and Beeymo agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other. You may provide written notice to email@example.com. If you are using Beeymo Payroll, you must legally terminate your relationship with Student or Tutor, as applicable, before terminating this Agreement. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however, (i) if you have any open Engagements when you terminate this Agreement, you will continue to be bound by this Agreement until all such Engagements have closed on the Site; (ii) Beeymo will continue to perform those Site Services necessary to complete any open Engagement or related transaction between you and another User; and (iii) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open Engagements, whichever is later, to Beeymo for any Site Services and to any Tutors for any Tutor Services. Without limiting any other provisions of this Agreement, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Contract, or Beeymo from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason.
Without limiting Beeymo's other remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (a) you breach the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service; (b) we suspect or become aware that you have provided false or misleading information to us; or (c) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Beeymo or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit activity. Once your Account is suspended or closed, you must not continue to use the Site under the same Account or a different Account or reregister under a new Account without Beeymo's prior written consent.
Without limiting Beeymo's other remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce fees owed Beeymo or our Affiliates under this Agreement, you must pay Beeymo for all fees owed to Beeymo and our Affiliates and reimburse Beeymo for all losses and costs (including any and all time of Beeymo's employees) and reasonable expenses (including attorneys' fees) related to investigating such breach and collecting such fees. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
Except as otherwise required by applicable law, we will notify you if we suspend or close your Account, unless we believe, in our sole judgment, that giving notice may cause damage. You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of Users’ Account status to all Members, including both yourself and other Members who have entered into Member Contracts with you. You therefore agree as follows: IF BEEYMO DECIDES TO SUSPEND OR CLOSE YOUR ACCOUNT, BEEYMO HAS THE RIGHT, BUT NOT THE OBLIGATION, TO (1) NOTIFY OTHER MEMBERS THAT HAVE ENTERED INTO MEMBER CONTRACTS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR CLOSED ACCOUNT STATUS, AND (2) PROVIDE THOSE MEMBERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT SUSPENSION OR CLOSURE.
When your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If practicable, Beeymo will retain this information along with all your previous posts and proposals for a period of one year from the date of termination to give you ample time to institute an appeal of our decision through the process described in the subsection titled "Disputes with Beeymo." If you appeal our decision through that process within one year, Beeymo will retain your information until such dispute is resolved. If you fail to appeal our decision within one year, Beeymo may delete your information including data, messages, files, and other material you keep on the Site.
23.1 Enforcement of Agreement
Beeymo has the right, but not the obligation, to suspend or revoke your access to the Site and Site Services if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or violated our rights or those of another party. Without limiting Beeymo’s other remedies, we may suspend or close your Account, use self-help in connection with our rights to reclaim funds, and refuse to provide any further access to the Site or the Services to you if (a) you breach any terms and conditions of this Agreement or other Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, other Users, or Beeymo. Once we suspend or close your Account, you may not access any parts of the Site, including data, messages, files, and other material saved on the Site and you may not continue to use the Site under a different Account or reregister under a new Account. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law. You understand that any closure of your Account may involve deletion of any content stored in your Account for which Beeymo will have no liability whatsoever.
23.2 Consequences of Agreement Termination
Termination of this Agreement and/or closing of your Account will not relieve Studentof the requirement to pay for Tutor Services performed prior to the effective date of the termination or thereafter for any Service Contracts executed before termination of this Agreement, which fees and expenses, together with any applicable taxes, Student hereby authorizes Beeymo to charge to its Payment Method pursuant to Section 4 (Payment Terms). Subject to the applicable Dispute Resolution Policies, Beeymo will pay Tutor, in accordance with the provisions of Section 4 (Payment Terms) for all time recorded in the Time Logs incurred prior to the effective date of the termination or thereafter for any Service Contracts executed before termination of this Agreement.
Except as otherwise required by applicable law, we will notify you if we close your Account, unless we believe, in our sole judgment, that giving notice may cause damage. You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User's Account status to all Users, including both yourself and other Users who have entered into Service Contracts with you. You therefore agree as follows: IF BEEYMO DECIDES TO SUSPEND OR CLOSE YOUR ACCOUNT, BEEYMO HAS THE RIGHT BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR CLOSED ACCOUNT STATUS, AND (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT SUSPENSION OR CLOSURE.
After this Agreement terminates, the terms of this Agreement that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting Confidential Information, requiring arbitration,permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.
24. PROVIDING SERVICES
If you wish to provide Services through Beeymo, you must complete the Tutor registration process. You agree to provide true, accurate, complete information and to update such information to maintain its truthfulness, accuracy and completeness. From time to time, your Member Account may be subject to verification as well as editorial and feedback reviews. Beeymo can suspend or terminate your Member Account upon the discovery that any information you provided or posted is not complete or accurate, or as a result of other violations of the Terms of Service.
24.1 Guidelines for Creating a Course
You agree to utilize the following course creation guidelines:
- Write a specific, detailed course outline with clear scope, deliverables and lessons.
- Set expectations that you can meet or exceed.
When submitting your course you agree to:
- Not submit courses or lessons that are made with the intent to commit fraud. Doing so will result in immediate termination of your membership.
- Not offer your Services in exchange for good feedback or for free.
- Respond promptly, within one business day, to private messages from the Student.
- Respond promptly, within one business day, to any inquiry from Customer Service.
Violation of these guidelines may result in suspension or termination of the Project or of your Account. If you are aware of a potential violation, please contact Customer Service.
24.2 Guidelines for Providing your Services
You agree to utilize the following service provider guidelines:
- Once you have received a teaching request, use Beeymo to manage the request and to maintain an electronic record of all written communication between you and the Student around scope, deliverables, time frames, price, feedback, revisions, schedule changes, vacation, availability, delays, acceptance of deliverables and completion of sessions. Also, transcribe relevant outside emails, instant messages, telephone or in-person conversations between you and the Buyer on Beeymo to maintain a record of what is agreed. In the event of a dispute, all written communication on Beeymo will serve as the statement of record.
- Inform the Student of your availability and committed response time.
- Inform the Student if a committed deliverable will be missed, offering an explanation and proposing a revised date.
- Inform the Student if you will be unavailable for more than one business day.
- If you are unable to complete a session, alert Customer Service so that Beeymo is aware of the situation and can offer assistance to the Student.
- Respond promptly, within 1 business day, to all session-related communication, whether from the Student or from Beeymo.
- Utilize Beeymo‘s Payment Service to maintain the privacy of your personal financial Account details; leverage Beeymo‘s anti-fraud measures; maintain a record of all invoices and payments; add the project, feedback and transaction amount to your profile; and, in the event of a problem, have access to Beeymo's Dispute Resolution process.
- Report any rating system violation by contacting Customer Service.
- After the session is completed, leave objective, balanced feedback.
Violation of these guidelines may result in suspension or termination of your Account. If you are aware of a potential violation, please contact Customer Service.
24.3 Disputes with Beeymo
If a dispute arises between you and Beeymo or any of our Affiliates, our goal is to resolve the dispute quickly and cost- effectively. Accordingly, you, Beeymo, and our Affiliates agree that we will resolve any claim or controversy at law or in equity that arises between you and Beeymo or our Affiliates out of or relating to this Agreement or the Beeymo Services (a “Claim”) in accordance with this section titled “Disputes with Beeymo.” Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Facebook exclusively in the Canadian Court for Quebec or a provincial court located in Montreal, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of Quebec will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on Facebook, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Facebook and are not responsible for the content or information users transmit or share on Facebook. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Facebook. We are not responsible for the conduct, whether online or offline, of any user of Facebook.
CERTAIN DEFINED TERMS
As used throughout the Agreement:
"Member Account" means the Beeymo Account you open when you register to become a Member and use the Services.
"Beeymo Services" means any of the above Services that are delivered by Beeymo.
"Member" means a person or legal entity that registers for an Account.
"Tutor" means a Member that offers and delivers Teaching Services.
"Tutoring Services" means all Services delivered by Tutors.
"Payment Account" means the account created by the Member to purchase and hold BP.
"Beeymo Points (BP)" means a virtual currency purchased on Beeymo to pay for Beeymo Services.
"Student" means a Member that investigates and purchases Tutoring Services.
"User" means (1) a person who is a Member, using the Site on his or her own behalf, or (2) a person who is using the Site on behalf of a Member that is a company or organization.
"Visitor" means a person who is only visiting the Site, not a Member or User.
"you" means a Visitor or Member accessing the Site or using the Services on his or her own behalf; or, if the Services are used on behalf of a company or organization, "you" means the Member for which the Services are used and the User who accesses the Site on behalf of such Member (and such User represents that he or she has the authority to do so on the Member's behalf).
"Affiliate"means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Beeymo.
"Student" means any authorized User utilizing the Site to seek and/or obtain Tutor Services from another User. From time to time, Beeymo may act as a Student, and the terms and conditions of this Agreement applicable to Students will apply to Beeymowhen Beeymoacts in this way.
"Tutor Services" means all services performed for or delivered to Students by Tutors.
"Payment Method" means a PayPal account.
"Service Contract" means the contractual provisions between a Student and a Tutor governing the Tutoring Services to be performed by a Tutor for a Student.
"Site Services" means all services that are accessible through the Site.
"User Content" means any data, feedback, content, text, video, pictures, or other information that you post to any part of the Site.
CONTACTING CUSTOMER SERVICE
If you have questions or need assistance, please contact Customer Support at,please contact Beeymo’s Customer Support at:
Online Support: http://www.beeymo.com/contact