Wise Choice Tutoring - Terms Of Service

Term of use

General

These Terms of Use (the “Terms”) are a binding contract between you and wisechoicetutoring Inc. (“wisechoicetutoring,” “we” and “us”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at contact@wisechoicetutoring.com.

In these Terms, “User” means anyone who accesses and/or registers for our Services, including without limitation students, Tutors, or other users. “Tutor” means the individual who provides answers, online courses, instruction, tutoring, and learning services through our Services.

Changes

wisechoicetutoring can change these Terms, including, without limitation, any payment and pricing terms, at any time. If wisechoicetutoring changes any of these Terms, wisechoicetutoring will post the updated terms. wisechoicetutoring may also send registered users that have submitted their email address a notice of the change to these Terms. Your continued use of the Services after such changes have been posted, acknowledges your agreement to the new Terms. Therefore, you should check the Terms on the Services periodically for updates and changes.

wisechoicetutoring’s collection and use of the Services is governed by the terms of the wisechoicetutoring Privacy Policy.

Account Registration and Security

To use the Services, you will need to sign up for an account and select a password and user name. You also may sign up for the Services through a third-party social network (such as Google, LinkedIn, or Facebook). If you sign up as a Tutor, you will be required to undergo our then-current verification or vetting process. You can only create one account with us and may not transfer your account to anyone else without our prior written permission. If you access the Services through a third-party social network, you will provide your third-party account credentials to us, and you are consenting to have the information in those accounts transmitted to us.

Use of the Services

wisechoicetutoring only authorizes you to use the Services and Content for your own personal use in compliance with all applicable laws. You may not resell or make any commercial use of the Services or any Content therein (other than your own Submissions). Any Content you access through the Services is licensed through your purchase of the Services personally to you to view and use the Content. “Content” means any information or materials displayed on the Services, such as text, graphics, data, articles, photos, images, illustrations, course materials, class notes, flashcards, Tutor Answers, and so forth. “Submissions” means any Content you post, upload, share, store, or otherwise provide through the Services, such as your questions, question responses, and study notes, whether as a Tutor or User.

Use of Services on iOS devices

If you are using the Services through an application on an iOS device, you may only use the Services on any iOS devices that you own or control as permitted in the Apple, Inc. (“Apple”) App Store Terms of Service usage rules. You acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Services. wisechoicetutoring, and not Apple, will be responsible for any investigation, defense, settlement, and discharge of any intellectual property infringement claim based on the Services. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Student Question and Tutors

Users may submit questions to the Services and select certain parameters for their question. Along with their questions, Users may be able to submit a price range indicating the minimum and maximum price they would pay for an answer to their submitted question.

The Services may include, at our discretion, access to tools to check if Tutor Submissions are original work. wisechoicetutoring does not guarantee the tools, their accuracy, or their results, and wisechoicetutoring nor Users are obligated to use such tools. The laws, regulations, other governing authorities, standards, practices, and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. For example, Tutors in some categories may be licensed, certified, educated, employed by, or have experience in only particular jurisdictions.

Payments

When Users submit a question, the User will be required to pay a down-payment fee for the question (the down-payment is equal to the total fee of the Tutor accepted by the User, as in the question price) plus a fee. The default service fee rate for questions is 18.5% of the question price. wisechoicetutoring may charge a special 15% service fee rate for new users which applies to all question orders placed up until two (2) question purchases are completed, meaning payment has been released to the tutor. The User may close and confirm a question session at any time as long as it is not more than three (3) days after the question’s due date. If the User does not close the question within that time period, the answer to the question from the Tutor will be deemed closed, confirmed, and acceptable on the third day after the question’s due date. Once the question is closed, wisechoicetutoring will release the payment to the Tutor deducting a commission fee according to wisechoicetutoring tutor payment terms.

By using the Services, you consent to receive electronic communications from wisechoicetutoring. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. These electronic communications are part of your relationship with wisechoicetutoring and you receive them as part of your purchase. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You acknowledge and agree that wisechoicetutoring will automatically charge your credit card or PayPal account on record with wisechoicetutoring upon your election to purchase a Subscription to any of wisechoicetutoring's services according to the price listed or your acceptance of a Tutor to answer a question, as applicable.

Tutor Complaints and Question Refunds

A User may file a complaint regarding an answer and request a refund starting when the time limit on the question expires and up to 14 days after. If a complaint is filed, the User will submit their complaint and the Tutor and User will not be permitted to correspond regarding the question through the Services. The Tutor will be notified of the refund request and may agree to the refund or, from time to time, wisechoicetutoring may step in on an as-needed basis. In such case, wisechoicetutoring will determine, in its sole discretion, whether to refund the User, warn the Tutor, suspend the Tutor, ban the Tutor or take no action against the Tutor. In the event of a refund, the refund will be in the form of a credit for the User’s account that the User may apply to future purchases. To learn more about refunds, please read our Refund Request Policy.

wisechoicetutoring, in its sole discretion, may place a hold on any or all of the payments a tutor earns if the tutor violates any of these Terms or when wisechoicetutoring believes there may be suspicious activity risk associated with their account. Please read our Tutor Payments Policy to learn more about wisechoicetutoring holding payments.

If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our website or services.

Third-Party Links

The Services may contain links to, or otherwise may allow you to connect to and use certain third-party products, services, or software under separate terms and conditions (collectively, “Other Services”) in conjunction with the Services. If you decide to access and use such Other Services, be advised that Your use is governed solely by the terms and conditions of such Other Services, and wisechoicetutoring does not endorse, is not responsible for, and make no representations as to such Other Services, their content or the manner in which they handle your data. wisechoicetutoring is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Other Services, or your reliance on the privacy practices or other policies of such Other Services.

Warranty Disclaimer

wisechoicetutoring does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Any Content or Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from wisechoicetutoring or others. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold wisechoicetutoring, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account and including arising out of your Submissions), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Dispute Resolution and Binding Arbitration Provision

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Definitions. As used in this Dispute Resolution and Binding Arbitration Provision (“Arbitration Provision”), the terms “wisechoicetutoring,” “we,” “us,” and “our” refer to wisechoicetutoring Inc., including its subsidiaries and agents; The word “Claims” means all claims, disputes, or controversies between User and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Platform Service(s). This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision. Informal Efforts to Resolve Dispute. If a dispute arises between User and wisechoicetutoring, User should first attempt to resolve it by contacting our Customer Service Center at 917-523-0007 or by sending the details of User’s complaint, including User’s contact information for a response, to the address or email address listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.

Privacy Policy

Information Collection and Use

Personal Information We Collect:

You can generally visit our Site without having to submit any personal information about yourself to us.

If you set up an account with us on the Site or Apps or participate in a survey, we will collect personal information that you include in the registration or submission form, such as your name, email address, password, profile photo, and username. When you use our Site or Apps as a tutor, we also collect your driver’s license number. If you set up an account with us on the Site or Apps, participate in a survey, or post a question or answer or other information in our forums or message boards, we will collect any personal information that you include in your submission or posting. As set forth in our Terms of Use, wisechoicetutoring owns any Submissions you make available on the Site or Apps (such as your questions and answers).

If you contact us with questions or request information, we will collect your name, email address, and any other personal information that you voluntarily transmit with your communications to us.

Aggregate Information We Collect

Through certain third party analytic providers, as discussed below, and directly through our Site and Apps, we track information that will be maintained, used, and disclosed in aggregate form only and which will not contain your personal information. For example, without limitation, we track your browser type, IP address, and the External Websites (defined below) linked to. We also collect or set a user ID number that we associate with your use of the Site and Apps.

How We Use Information:

We use your personal information to provide the services to you that you have requested, provide support for our Site and Apps, detect fraud, illegal activities, or security breaches, verify your authority to use the Site and Apps, and improve the content and general administration of the Site and Apps. We also send you marketing and promotions regarding the Site and Apps or other products or services we believe may be of interest to you. If you do not wish to receive these marketing or promotions from us, you may opt out as set forth in the message. We analyze the aggregate data that we collect for trends and statistics in the aggregate, and we use such aggregate information to administer the Site and gather broad demographic information for aggregate use.

Children's Privacy

wisechoicetutoring recognizes the privacy interests of children, and we encourage parents and guardians to take an active role in their children's online activities and interests. The Site and the Apps are not directed to children under the age of 16. wisechoicetutoring does not target this Site or App to children under 16. wisechoicetutoring does not knowingly collect personal information from children under the age of 16. If you are under the age of 16, please do not provide us with any personal information.

Cookies and Online Tracking

We use small text files called cookies to improve the overall site experience. A cookie is a piece of data stored on the user's hard drive containing information about the user. Cookies generally do not permit us to personally identify you. We mainly use session cookies to save your preferences, and such cookies expire when you close your browser. We set a persistent cookie that we assign to you when you use our Site to keep you logged in to the Site. You can read more about cookies at www.allaboutcookies.org. wisechoicetutoring tracks users over time and across the Site and the Apps, but does not respond to Do Not Track (DNT) signals. However, third parties such as providers of external services like web traffic analysis services, such as intercom or mix-panel may track users over time and over our Site and third-party websites and such third parties may also place cookies, via our Site. These cookies are likely to be analytical, performance cookies, or targeting cookies. These cookies collect information about how visitors use a website, for instance, which pages visitors go to most often, and if they get error messages from web pages.

Disclosure

We provide your personal information and the data generated by cookies and the aggregate information to the vendors and service agencies that we may engage to assist us in providing our services to you for their use solely to provide us with such assistance. If you submit a question or answer, other users will be able to see your question, answer, username, and profile photo. If you submit a “private” question, other users will not be able to see your username or profile photo, but they will be able to see your question and any answers to your question, and your question and answers will still be viewable on the Site and Apps and searchable in search engines. When users accept a tutor for a particular question, the user and tutor will be able to communicate with each other with respect to that question on the Site and Apps. If an External Website (as defined below) directly collects personal information about you, your use of the External Website is subject to the terms of use and privacy policies located on the linked External Websites. We will access, preserve, and disclose your information if we believe doing so is required or appropriate to (a) comply with law enforcement requests and legal processes, such as a court order or subpoena; (b) enforce the wisechoicetutoring Terms of Use or user agreements; or (c) protect you, our, or others rights, property, or safety. We will not sell your personal information to any company or organization, but we may transfer your personal information to a successor entity upon a merger, consolidation, or other corporate reorganization in which wisechoicetutoring participates or to a purchaser or acquirer of all or a portion of wisechoicetutoring’s assets to which this site relates or in bankruptcy.

Links to Third Party Sites

The Site and/or the Apps provide links to other Websites or resources over which wisechoicetutoring does not have control (“External Websites”). Such links do not constitute an endorsement by wisechoicetutoring of those External Websites. You acknowledge that wisechoicetutoring is providing these links to you only as a convenience, and further agree that wisechoicetutoring is not responsible for the content of such External Websites. Your use of External Websites is subject to the terms of use and privacy policies located on the link to External Websites.

Security

We employ procedural and technological measures that are generally consistent with industry practice. Such measures are reasonably designed to help protect your personal information from loss, unauthorized access, disclosure, alteration, or destruction. wisechoicetutoring may use measures such as password protection, encryption and other measures.

Information Protection Policy

User information is private and confidential to the extent that your username is anonymous. wisechoicetutoring stores information securely to protect it from third-party attacks. The information provided is used to improve our services to users.

wisechoicetutoring may need to update this Privacy Policy from time to time. If so, wisechoicetutoring will send registered users an email. We will post our updated Privacy Policy on our Site located at wisechoicetutoring.com and in the Apps along with a notice that the Privacy Policy has been changed, so you are aware of what personal information we collect and how we use this information. wisechoicetutoring encourages you to review this Privacy Policy regularly for any changes. Your continued use of this Site, Apps, and/or continued provision of personal information to us will be subject to the terms of the then-current Privacy Policy.

Refund Policy

wisechoicetutoring is dedicated to ensuring that students receive a quality learning experience each time they interact with a tutor. To accomplish this, wisechoicetutoring encourages and facilitates a communication-based relationship between students and tutors on the platform.

The freelance tutors on wisechoicetutoring are held to the highest standards of work and communication in their interactions with students. Similarly, it is vital that students post detailed question descriptions, which set clear expectations and outline what is required of the tutor. However, it is understood that even with the clearest of instructions, students may ultimately be unsatisfied with the tutoring help they receive.

If a student receives an unsatisfactory answer, the first step should be to reiterate or clarify instructions and ask the tutor for additional support.

In the event that a student is still unsatisfied with the answer, the next step is to request a refund from the tutor. Students can request refunds for the following reasons:

No Answer—if - if the tutor fails to provide any answer / explanation

Answer Overdue - if the tutor's answer/explanation is provided after the question time limit is up

Incorrect Answer - if the tutor's answer/explanation is incorrect

Incomplete Answer - if the tutor's answer/explanation is incomplete according to the question's requirements

Bad Grammar - if the tutor's answer/explanation contains considerable grammatical errors

Plagiarism - if the tutor's answer/explanation is plagiarized

Cancellation - if a student asked the tutor to cancel the question shortly after the tutor was assigned how to request a refund from the tutor, students have 14 days to request a refund starting from when the question's time limit has expired. To submit a request, students should select the "Request a Refund" option instead of “Review Tutor”.

Note: Students who have already completed a question and reviewed the tutor may still request a refund, so long as it is within the 14-day window since the time limit expired.

Evidence

For certain refund reasons such as “Incomplete Answer”, “Low Quality”, and “Plagiarism”, the evidence provided is the most important part of the Refund Request, so it is crucial to include as much detailed information as possible. Remember, students only have one chance to submit a Refund Request, and the onus is on the student to prove the validity of their refund claim. Therefore, the description should be specific, and the evidence should include as much relevant information or documentation as possible. Refund requests with vague descriptions and evidence are likely to be declined.

Note: In “Plagiarism” cases, students frequently submit reviews from online plagiarism checkers as evidence. However, plagiarism checkers frequently list similarities with multiple sources. In cases where the overall plagiarism percentage is high, but the actual report demonstrates that the similarities are low percentages from multiple sources, it is significant to review each individual similarity. If several of these similarities can be excluded as common wording or cited references, the Refund Request may be denied.

The 14-day window to request a refund has passed. Now what?

Unfortunately, if 14 days have passed since the question's time limit expired, it is too late for the student to request a refund from the tutor. As wisechoicetutoring is responsible for paying tutors, after this time period, funds are no longer available to be returned to students in the event of a refund.

Again, students are only permitted one Refund Request per question, which are only valid up to 14 days after the question's expiration. Beyond this time frame, students are still welcome to review the tutor, and “block” them if the tutor is deemed to be unsuitable to work with.

Why a refund request may be declined

wisechoicetutoring values quality learning experiences and tries to give students the benefit of the doubt in situations involving Refund Requests. That being said, there are situations in which students abuse the platform's policies, and/or ask for refunds with unsubstantiated claims. In such cases, wisechoicetutoring also looks to protect tutors and their experience as educators on the platform by holistically reviewing the interaction between student and tutor and assessing the validity of a Refund Request based on reasonable educational practice.

As such, refunds may be declined in the following scenarios:

If insufficient evidence was submitted to support the refund reason.

If the student has a history of requesting refunds at a high rate, and it is deemed that the explanation and answer submitted for the question were reasonable (based on the question details) and of good quality.

If the question is not answered in full, but the tutor submitted the majority of their explanation and answer as a progress report, and the work is of good quality and within the time limit.

What should students do after a bad experience

As a platform that caters to all types of students and questions, wisechoicetutoring regrets when students have an unsatisfactory experience with a tutor. Beyond requesting refunds, students may want to block tutors they have had a bad experience with. This can be done directly from the tutor's profile page. Blocking a tutor will ensure that they are not able to work on any future Q&A posted.

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