Terms and Conditions - Teaching Staff
This Services Agreement (the “Agreement”) constitutes a legal agreement between you personally (“you, second person”) and Business Flow for Educational and Administrative Consulting and E-Marketing, a private limited liability company incorporated in Jordan and bearing the national number 200179541.
The company provides services of attracting potential customers to providers of education, guidance and assistance services for children in homes from peer to peer P2P and from independent persons to independent customers and from natural persons to natural customers or providers of similar services using electronic marketing services such as websites and social networking sites that the company uses as shown below ). JoTutor Services enable licensed Homeschooling and Homeschooling Providers to search, receive, and fulfill HomeChildren's Homeschooling and Education requests from among the authorized users of the Company's mobile apps and websites. You wish to enter into this Agreement for the purpose of accessing and using the JoTutor Services.
You acknowledge and agree that the Company is a provider of technical services, electronic marketing services, and marketing of providers of education, counseling and child assistance services. You must agree to the terms and conditions set forth below in order to use JoTutor services by signing (electronic or otherwise) this agreement, or with your consent through the WhatsApp application, and/or not objecting to any of the communications containing these terms or any amendment from the company, You and the Company shall be bound by the terms and conditions contained therein.
1. Definitions.
- “Subcompany” means the entity that controls or is controlled by a party and is under common control with it, directly or indirectly, and control means owning more than fifty percent (50%) of the voting shares or other ownership interest, or the majority of the voting rights of such entity, or the ability of such entity to ensure that activities and business are conducted in accordance with the wishes of such entity, or the right to receive the majority of the income of this subsidiary upon any distribution by the subsidiary of all of its income or the majority of its assets upon liquidation.
- “City Appendix” means additional or supplemental information to this Agreement that provides additional terms specific to a particular region, as provided and updated by the Company from time to time.
- “Company Data” means all data related to access to and use of JoTutor Services under this Agreement, including all data related to users (including user information) and all data related to the provision of education, guidance and assistance services to children in homes through JoTutor services and the JoTutor application) and the identifier for the mentor (JoTutor). And the WhatsApp application related to the company and any other information and technological means that may be used by the company and by you.
- “Company Device” means a mobile device owned or controlled by the Company and which is provided to you only so that you can use the Al Murshid application to provide education and guidance services and not for any other purpose whatsoever.
- Device” means the Company’s device or your device, as the case may be.
- “JoTutor Application” means a mobile application, website, WhatsApp business application, or any technological means used by the company, which allows education, guidance and children-help service providers to access JoTutor services for the purposes of searching for requests for education, guidance and assistance services. Children in homes as requested, obtained and fulfilled by users, as updated or modified from time to time.
- “Tutor ID” means the identification key and password assigned by the Company to the Tutor through which you can access your account in the Tutor application.
- “Service Charge” has the meaning set forth in Section 1 .
- “Service Fee” has the meaning set out in Section 4.4.
- “Area” means the city or metropolitan areas where you are enabled by the Guiding app or the JoTutor website to receive requests for education services.
- “Education Services” means to provide education, guidance and assistance services to children in homes “P2P” Independent person to independent person or natural person to natural person to Users via JoTutor Services in the area by you personally
- "JoTutor Services" means JoTutor's on-demand electronic services that enable Education Service Providers to search for, receive and fulfill user requests for intermediate and linked services; JoTutor Services include access to the Tutor application, software, websites, and associated payment services of JoTutor as set forth in Section 4 below and associated support services systems as updated or modified from time to time.
- “User” means the end user licensed by JoTutor to use JoTutor’s website or mobile application or the Company’s WhatsApp application and any other information and technology that may be used for the purpose of obtaining education services provided by customers of the Company’s education service providers.“User Information” means user-related information that is provided to you in connection with that user’s request for and use of Education Services, and may include, but not be limited to, user name, home location, contact information, user family information, photograph, etc.
- “Site” or “home” means the site of providing the service and usually the site belongs to the user.
- “Your Device” means a mobile device, computer or “laptop” that you own or control that: (a) meets the Company’s then-current specifications for devices as set forth on the Company’s website (b) use the JoTutor website or download the JoTutor application therein As approved by the company for the purposes of providing education services alone.
2. Use of JoTutor Services.
- Girl Guides Identifiers “The Girl Guides Account”: JoTutor will issue you a Girl Guides ID to you, “The Girl Guides Account” for the purpose of enabling you to access and use the Girl Guide application or website on the device and the Internet in accordance with this Agreement. You agree to keep your Guide ID confidential and not share it with any third party. You must immediately notify the Company of any actual or suspected breach or improper use of the Advisor’s Account ID or the Application of the Advisor or of its disclosure to any third party.
- Providing guidance and education services When the application, website, or account of the advisor is active or when you use the application, site or WhatsApp application related to the company, you may be presented with users’ requests regarding education and guidance services if you are available and ready to provide the service and if you agree to the user’s request regarding the services Education and Guidance, JoTutor Services provides you with certain user information via the tutor's application, website or account, including the user's full name, the service's "home" location, and the user's family information.In order to enhance users' satisfaction with the JoTutor mobile application or website and the education and counseling services provided by you, it is recommended that you arrive at the website at least 20 minutes before the resumption of the service in order for the user to introduce you to the service recipient and guide you to the specifics and instructions of the service recipient. You acknowledge and agree that once you have accepted a User's request for Education and Extension Services, the JoTutor Mobile Application or Website may provide certain information about you to the User, including your first name and contact information, photo, location, qualifications and identification number. You must not contact any users or use their personal data for any reason other than performing education and counseling services. As agreed between the Company and you, you acknowledge and agree that:
- Your relationship with users. You acknowledge and agree that your provision of Education and Guidance Services to Users will result in a legal and direct business relationship between you and the User to which the Company is not a party. The Company has no responsibility or liability for the user's actions or failure to act in relation to you or your activities. You are solely responsible for any obligations or responsibilities to users that arise from the provision of education and extension services. You acknowledge and agree that you are solely responsible for taking reasonable and appropriate precautions with respect to any acts or omissions of a user or third parties. You acknowledge and agree that the Company may disclose your contact information and/or official documents to a User upon such User's reasonable request. You also acknowledge and agree that, unless the user provides specific consent in this regard, you may not allow the presence of individuals within the site other than you, the user and any individuals authorized by such user while performing the education and counseling services for that user. You acknowledge and agree that the Service shall be provided to all children of Users directly, as requested by the relevant User, without downtime, interruption or unauthorized activity.
- Your relationship with the company. You acknowledge and agree that the Company's provision of the Tutor Application, Website or Account and JoTutor Services to you constitutes a legal and direct business relationship between Company and you. The Company does not direct or control, and should not be deemed to direct or control, you generally or your performance under this Agreement specifically, including in connection with your provision of education and counseling services, the actions or omissions of you, or any unwelcome activities On site. You reserve the right to decide when and for how long you will use the JoTutor Application, Website, Tutor account or Services. وتحتفظ You reserve the option, through the Tutor App or Website, to attempt to accept, reject or ignore a user's request regarding the Tutoring and Tutoring Services via the JoTutor Services, or cancel an accepted request for Tutoring and Tutoring Services through the Tutoring App or Website, subject to the Company's then-current cancellation policies. You are prohibited from: (a) display the names, logos, or colors of the Company or any of its subsidiaries without the Company's prior approval; or (b) wear a uniform or other clothing displaying the names, logos, or colors of the Company or any of its subsidiaries. The foregoing shall not apply if the Company and the Company otherwise agree or if required to do so by law. You acknowledge and agree that you have complete discretion to provide the Services or otherwise engage in other business or employment activities. For clarity, you understand that you reserve the full right to: (1) use other software application services in addition to JoTutor services; and (ii) participate in any other employment or business. The Company reserves the right, at any time and in its sole discretion, to discontinue or otherwise limit your access to or use of the JoTutor Application or Website or the JoTutor Services in the event of a violation of this Agreement, a disparagement of the Company or any of its subsidiaries, or any act or omission by you causes damage to the brand, reputation, or business of the Company or its subsidiaries as determined by the Company in its sole discretion. The Company also reserves the right to discontinue or otherwise limit your access to or use of the Guide Application or JoTutor Services for any other reason in its sole and reasonable discretion.
- 2.5 Categories
- You acknowledge and agree that: (a) after obtaining the Education and Extension Services, the User will be required through the JoTutor mobile application or website to provide a rating and evaluation of you and the Education and Extension Services, and also, at his option, to provide comments or feedback about you and the Education and Extension Services; and (b) after providing the Education and Extension Services, you will be required through the Application to provide a rating of the User and, at your option, to provide comments or feedback about the User. You must provide ratings and feedback in good faith.
- You acknowledge that the Company desires users to obtain high-quality services through the JoTutor mobile application or website, and in order to continue accessing the JoTutor application or website and the JoTutor services, it must maintain an average rating by users that exceeds the minimum acceptable average rating determined by the Company. to your peers, as updated from time to time by the Company at its discretion (“Minimum Average Rating”). If your average rating falls below the minimum average rating, the Company will put you at risk and may give you, at its discretion, a limited time period to raise your average rating above the minimum average rating. If you are unable to raise your average rating above the minimum average rating within the granted time period (if any), The company reserves the right to stop your access to the application or the company's website and JoTutor services. In addition, you acknowledge and agree that your repeated non-acceptance of users’ requests regarding education and counseling services while logging in to the Al-Murshidah application or website creates a negative image of the JoTutor mobile application or website for users. In the event that you do not wish to accept users’ requests for education and counseling services for a certain period of time, you must log out of the tutor’s application or account.
The Company and its subsidiaries reserve the right to use, share and display your ratings and comments by users and in any way in connection with the business of the Company and its subsidiaries without attribution to you or your consent. You acknowledge and agree that the Company and its subsidiaries are distributors (without any obligation to verify) and are not publishers of your ratings and comments to you and users, provided that the Company and its subsidiaries reserve the right to edit or delete comments if such comments contain obscene or other content. objectionable, contain an individual's name or other personal information, or otherwise violate any of the privacy or other applicable laws or content policies of the Company or its subsidiaries.
- Location-Based Services You acknowledge and agree that your identity and residence information, educational and work qualifications information, and geographic location must be provided to JoTutor Services via the Guide ID and account for the purpose of providing education and counseling services. You acknowledge and agree that: (a) your aforementioned information will be monitored, researched and tracked by JoTutor Services when you log into the Tutor account applications and is available to receive Education and Extension Services requests or while you are providing Education and Extension Services; and (b) your approximate geographic location will be shown to the user before and during the provision of the education and counseling services to that user. In addition, the Company and its subsidiaries may monitor, track, and share general information obtained from the Advisor app or account for safety, security, technical, marketing, and commercial aspects including, but not limited to, providing and improving their products and services.
3. You and your services.
- your requirements. You acknowledge and agree to be bound by the following at all times: (a) possess and maintain (i) valid personal identification, and (ii) all official papers, university degrees, and documents required of you that are necessary to provide education and counseling services to third parties in the area; (b) have an adequate and up-to-date level of training, knowledge and experience to provide education and extension services in a professional manner and with skill, care and due diligence; and (c) maintain a high level of professionalism, experience and civility, and (d) maintain the highest standards of cleanliness, dress, and dress appropriately and modestly while performing the service. You acknowledge and agree that you may be subject to certain background checks and criminal records from time to time in order to provide and remain eligible to provide Home Education and Extension Services. You acknowledge and agree that the Company reserves the right, at any time and in its sole discretion, to suspend or otherwise restrict you from accessing or using the Application, the Advisor Website or the JoTutor Services, or the use of any of them if you do not meet the requirements set forth in this Agreement or in the Driver Supplement.
- Documents To ensure that you comply with all requirements set forth in the Agreement and its Appendices, you must provide the Company with copies of all identification and university degree documents before you provide any education and extension services. The Company, upon request, has the right to review these documents from time to time and your failure to provide the foregoing constitutes a fundamental breach of this Agreement. The Company reserves the right to independently verify your documents from time to time in any manner the Company deems appropriate in its reasonable discretion.
4. Financial conditions.
- Calculation of your Education and Extension Service Fee and Payments You are entitled to receive a fee each time the provision of Education and Extension services to a user obtained through “JoTutor” services (“Service Fee”) is completed, and this fee is calculated based on the type of service provided and the duration of the service provided. In the hours minus the promotional discounts offered to the user and applicable for marketing purposes. You may and therefore (i) designate the Company as a limited payment collection agent for you solely for the purpose of accepting the applicable service fee, taxes and fees from the User on your behalf through the payment processing process facilitated by the Services.JoTutor،(2) Agree that payments made by the User to the Company shall be deemed to be the same as payments made directly by the User to you. In addition, the two parties acknowledge and agree that, according to what is agreed between you and the Company, the service fee is predetermined upon acceptance of the user’s request and agreed upon before commencing with the provision of the service and you are not entitled to negotiate it, and the Company agrees to transfer, or order a transfer, to you Weekly or twice a month: (a) the service fee minus the applicable service fee provided by the company and (b) depending on the region and country laws, certain taxes and surcharges.
- Changes in the Calculation of the Service Fare The Company reserves the right to change the method of calculating the Service Fare at any time according to local market factors, and the Company will notify you if such change will result in a change in the Fare for the specified Service. You agree to this change.Service fee adjustment. The Company reserves the right to: (i) modify the service fee in certain cases (for example, your failure to finish a certain objective of the service properly, technical error in JoTutor services, etc.); or (ii) cancel the fee for the service in some cases (eg the user has incurred costs for services not provided or there is a user complaint, fraud, home damage, etc.). The Company shall exercise its right to reasonably reduce or cancel the fare.
- Service Fee In consideration for the Company’s provision of the JoTutor Services, you agree to pay Company a service fee on the basis of each Education and Extension Services transaction calculated as a percentage of the Service Fee provided to you by email or otherwise made available electronically by Company from time to time. Unless applicable regulations require otherwise, taxes are calculated and levied on the service fare and JoTutor calculates the service fee on the basis of the service fare inclusive of taxes. The Company reserves the right to change the method of calculating the service fee at any time at its discretion based on local market factors, and the Company will send a notification to you if such change will result in a change in the service fee. In the event that the Company increases the service fee, you have the right to terminate the Agreement with immediate effect without notice. Your continued use of the JoTutor Services after any change to the service fee calculation constitutes your acceptance of such change.
In the event that you collect the fare fees directly from the user, you acknowledge transferring the service fees to the company within a maximum period of 3 days from the collection and you acknowledge that the company has the right to deduct the fees unpaid by you from the fees of other services you provided through the site or application for the same user or another user.
- Cancellation fees. You acknowledge and agree that users may cancel requests for education and extension services that you have accepted through the application or the site of the guide at any time before the arrival of the guide. In the event that the User cancels an order that has been accepted, the Company has the right to charge the User a cancellation fee on your behalf. This cancellation fee, if charged, is the service charge for the canceled Education and Extension Services for the purpose of transferring funds to you under this Agreement (the “Cancellation Fee”). The parties acknowledge and agree, as agreed with the company, that the cancellation fee is a pre-determined amount and that you have no right to negotiate after accepting the order.
- Receipts. As part of JoTutor services, the company provides you with a system for providing receipts to users for the education and counseling services provided. Once you provide services to a user, the company issues a valid receipt of receipt and sends it to the user via e-mail or any other means of communication or technology on your behalf, and these receipts are also provided to you via The email or online portal made available to you through the JoTutor Services and receipts include a breakdown of the amounts charged to the User for the Services received and may contain certain Service details and specific information relating to you, such as your name, contact information, and photograph, and any required corrections on any Receipt of Transportation Services must be submitted to Company within three (3) business days of completion of the relevant Transportation Services. Without such notice, the Company shall not be liable for any errors in the receipt or any correction thereof, or for the recalculation or payment of the freight.
- There are no additional amounts. You acknowledge and agree that the Company and its subsidiaries have the right through advertising and marketing to attract new users to JoTutor and to increase the use of the Mobile Application or the Website by existing users to the mutual benefit, and you acknowledge and agree that such advertising and marketing does not create a right to you in any money additional to what is expressly provided for in this Agreement.
- taxes. You acknowledge and agree that you are required to: (a) complete all tax registration procedures and account for and remit all tax obligations relating to your provision of Education and Extension Services as required by applicable law; and (b) provide the Company with all relevant tax information (including your VAT, sales and income tax number if such numbers are required by applicable law, and you acknowledge and agree that you are responsible for taxes on your income that accrues to you) Who do you provide for education and guidance services. Notwithstanding anything to the contrary in this Agreement, the Company may, at its reasonable discretion and subject to applicable tax and regulatory considerations, collect and remit taxes arising from your provision of education and counseling services and/or any related tax information that you have provided to Company under the requirements. aforementioned in this Section 4.8 directly to the relevant state tax authorities on your behalf or otherwise.
5. property rights; licensing.
- Pursuant to the terms and conditions of this Agreement, the Company grants you a non-exclusive, royalty-free, non-transferable, sub-attribution or assignable license during the Term of this Agreement to use the Guide Application or Website in connection with JoTutor's provision of JoTutor Services for the purpose only to provide Education, Tracking and Guidance Services to Users Service fee and fees. The Company, its subsidiaries and its licensors reserve all rights not expressly granted to you.
- limitations. You may not do or allow any third party to: (a) license, sublicense, sell, resell, transfer, distribute, provide or otherwise make available to any party the JoTutor Services, Application, Website or Company Device else; or (b) modify or make derivative works based on the JoTutor Services or the Guide Application; or (c) misuse the JoTutor Services or the Guide Website, including by creating Internet “links” to any part of the JoTutor Services or the Guide, "frame" or "mirror" any part of the JoTutor Services or the Advisor Application or Website to any other websites or systems, or "collect" or otherwise illegally obtain data from the JoTutor Services or the Advisor Website; or (d) reverse engineer, decompile or decompile the JoTutor Services, Application or Website, except as permitted by applicable law; or (e) sending spam or other unwanted or duplicate messages. In addition, you may not access, or allow a third party to access or use the JoTutor Services or the Guide to: (i) design or develop a software or service that is competitive or similar in substance; or (ii) copy or extract any features, functionality or content from the JoTuotr Services, Application or Website; or (iii) launch or cause the release on or in connection with the JoTutor Services an automated program or script, including web spiders, crawlers, bots, indexers, viruses, worms, or any program that can make many requests from a server per second or from could load or impede the operation and/or performance of the JoTutor Services; or (iv) attempt to gain unauthorized access to JoTutor Services or the systems or networks connected thereto, and all of the above except to the extent that such actions are permitted under Jordanian law.
- property. The JoTutor services, the application or the guide’s website, and the company’s data, including all the intellectual property rights therein, as well as the company’s devices, are and will remain (between you and the company) the property of the company, its subsidiaries and its licensors. Neither this Agreement nor your use of the JoTutor Services, the Advisor Application or Website or Company Data shall transfer or grant any rights to you: (a) in or in connection with the JoTutor Services, the Advisor Application or Website or Company Data other than the limited license granted above; or (b) to use or refer to company names, logos, product and service names, trademarks, service marks, or other proprietary marks of the Company or its subsidiaries or licensors. Furthermore, you acknowledge the company's rights to the group of trademarks the names JoTutor, including JoTutor, either on their own or in combination with any other characters, punctuation, words, symbols, and/or designs; the JoTutor logo; And the phrase (solving eLearning challenges, distance education solutions) (“JoTutor marks and names.You further agree that you will not attempt to register or otherwise claim ownership of any JoTutor marks and names either alone or in combination with any other letters, punctuation, words, symbols and/or designs, or any similar mark or name confusingly.
6. Confidentiality.
- The parties acknowledge and agree that in the course of implementing this Agreement, each party may have access to or have access, directly or indirectly, to the other party's confidential information ("Confidential Information"). Confidential information includes company data, mentor identifiers or accounts, user information, transaction volume, marketing plans, business plans, commercial, financial, technical and operational information, and any other non-public information (whether written or oral) that the disclosing party determines to be private, confidential or customary. He should treat it as confidential information.
- Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the Disclosing Party; (b) will not use the other party's Confidential Information for any purpose other than to enforce this Agreement; and (c) will not disclose the Confidential Information of the other party to any third party other than its employees, officers, contractors, agents and service providers (“Permitted Persons”) and to the extent necessary to act under this Agreement, provided that Permitted Persons are bound in writing by confidentiality obligations and use confidential information with a degree of protection not less than that provided by the terms of this Agreement; and (d) will return or destroy all confidential information of the Disclosing Party upon termination of this Agreement or at the request of the other (subject to compliance with applicable laws and, in the case of the Company, its internal record-keeping requirements).
- Notwithstanding the foregoing, Confidential Information does not include any information: (a) made available or made available to the public without interference or omission on the part of the receiving party; or (b) was in the possession of the receiving party prior to the date of this Agreement without any obligation of confidentiality; or (c) disclosed to the receiving party by a third party not bound by any obligation of confidentiality; or (d) disclosure is required by law, court order, subpoena, or governmental authority provided the receiving party has been notified and given a reasonable opportunity to consent to or limit the disclosure required.
7. Privacy.
- Subject to all applicable laws, the Company may provide any third party information (including Personal Information and any Company Data) about you that is provided under this Agreement if: (a) there is a complaint, conflict or dispute, including any incident, between you between a user; or (b) the information is necessary to enforce the terms and conditions of this Agreement; or (c) these are at the discretion of the Company or any of its subsidiaries, under applicable law or regulation; (d) are necessary, at the discretion of the Company or any of its subsidiaries, to (i) preserve the safety, rights, property and security of the Company or the JoTutor Services or any third party; (ii) detect, avoid or respond to fraudulent activities or technical or security problems, and/or (iii) avoid or stop any activity that the Company or any of its subsidiaries deems, or is likely to be, illegal, unethical or advantageous to punitive action at the discretion of the company or its subsidiaries; or (e) are required or necessary, in the absolute discretion of ToTutor or any of its affiliates, for insurance or other purposes relating to a mentor's ability to become or remain eligible for the JoTutor Services. You understand that the Company has the right to retain your Personal Data for legal, regulatory, security or other purposes necessary after termination of this Agreement. The personal data will be transferred directly to JoTutor, as the controller of such personal data, and will be processed by JoTutor. The Company processes Personal Data (including those referred to in Section 2.6 above) in accordance with the Privacy Policy at www.JoTutor.com.
8. Insurance.
- Prior to commencing business with the Company, you agree to obtain the insurance coverage required in Section 2.8 below at your own expense. You agree to review the terms and conditions of such coverage to ensure that it includes the amounts of coverage required by Section 8.2 when providing education and extension services. As between you and the company, you are entirely responsible for informing your insurance company of the services provided by you.
- You agree to hold for the duration of this Agreement Worker Compensation or any Occupational Accident Insurance (or any locally equivalent insurance) as required by applicable law in the Territory (provided that the foregoing does not affect the mutual agreement between you and the Company that you are a self-employed individual) Including from the point of view of labor law and social security)). To the extent permitted by applicable law, you may choose to insure yourself against industrial and occupational injuries by maintaining occupational accident insurance rather than workers' compensation insurance. Furthermore, as permitted by applicable law, you may choose not to insure yourself against industrial injuries at all, but this will be at your own risk.
- The Company may, during the term of this Agreement, hold insurance relating to your provision of Homeschooling and Guidance Services as determined by the Company in its reasonable discretion, provided that neither the Company nor any of its Affiliates will be required to provide you with any specific insurance coverage for any loss suffered by you. In the event that the Company arranges any insurance related to your provision of Home Education and Guidance Services, the Company may cancel such coverage in its sole discretion at any time. You must immediately notify the Company of any accidents that occur to you during the provision of Home Breeding and Extension services and cooperate with it and provide it with all required information related thereto.
9. COMMITMENTS AND WARRANTIES; Disclaimer.
- By you, you hereby represent and warrant that: (a) you have the necessary powers and authority to enter into and perform your obligations under this Agreement; (b) you have not, and will not, for the term of this Agreement, enter into any agreement that would prevent you from complying with the provisions of this Agreement; and (c) that you will comply with all applicable laws in the implementation of this Agreement, including obtaining and complying with all permits, licenses, registrations and all other governmental permissions necessary to provide Home Education Services.
- Waiver of warranties. The company and its subsidiaries provide the JoTutor services, the application or the guide site, and the company’s devices on an “as is” and “as is” basis and you accept that. The Company and its subsidiaries do not represent, warrant or represent that your access to or use of the JoTutor Services, Application, Website or Company Devices or use of any of them will be uninterrupted or error-free; or (b) will result in any requests for education and extension services.The Company and its subsidiaries act solely as a provider of prospective clients and related services on demand and make no representations, representations or warranties with respect to any act or inaction of users who may request or receive homeschooling and counseling services from you under this Agreement, and neither Company nor any of the Its subsidiaries are responsible for screening or otherwise evaluating users. You hereby acknowledge and agree that you may be exposed to third parties (including users) that may pose a risk to you or other third parties by your use of the JoTutor Services and the Application or the Advisor website. You should take reasonable precautions when interacting with third parties that you encounter in the course of using the JoTutor Services, Application or the Advisor website. Notwithstanding the Company's designation as a Limited Payment Collection Agent for the purpose of accepting payments from Users on your behalf as set out in Section 4 above, Company and its Affiliates expressly disclaim responsibility for any act or inaction of you or any other user or third party.
- Service availability is not guaranteed. The company or any of its subsidiaries does not guarantee the availability of JoTutor services, the application or the site of the guide, or the duration of operation of any of them. You acknowledge and agree that any of the JoTutor Services, Application or the Advisor website may not be available at any time for any reason (such as scheduled maintenance or system failure). Furthermore, the JoTutor services, the application or the guide site may be subject to restrictions, delays or other problems inherent in the use of the Internet and electronic means of communication; Neither the Company nor any of its subsidiaries shall be liable for any delays, delivery failures, or other damages, liabilities or losses arising from such problems.
10. Compensation.
- in general. You shall indemnify and hold the Company, its subsidiaries, officers, directors, employees, agents, successors, assigns and (at the Company's discretion) harmless, from any liabilities, expenses (including legal fees), damages, penalties, penalties, taxes, fines, social security or damages With respect to: (a) your breach of your representations, covenants or obligations under this Agreement; or (b) any claim by any third party (including users, regulators and governmental authorities) related to your provision of Home Education and Extension Services or your use of JoTutor Services, directly or indirectly.
- Compensation for taxes. You must comply with all of your obligations under the tax and Social Security laws to the extent applicable in this Agreement. You must indemnify the Company for all obligations, fees, claims and tax penalties that may be imposed on you or the Company as a result of your failure to comply with any of your tax obligations. In particular, such taxes and duties include, without limiting the foregoing, taxes, salaries and any other duties or withholdings (including any wage taxes, social insurance premiums or employee premiums) arising in the event that the relationship described in detail in this Agreement is judged to be Contrary to the intention and intent of the two parties, an employment agreement between the company and you by the bodies concerned with financial affairs or social security affairs in Jordan.
11. Limitation of Liability.
- Neither the Company nor its Affiliates shall be liable under or in connection with this Agreement for the following damages, whether based on contract, tort or any other legal theory, even if a party has been advised of the possibility of such damages: (i) any incidental, punitive, or special damages or warning, consequential or other indirect damages of any kind; or (ii) any property damage, loss or inaccuracy of data, or loss of business, revenue, profits, use advantage or other economic advantage by you or any third party. Except for Company's obligations to pay amounts due to you under Section 4 above, but subject to any other limitations or provisions of this Agreement as applicable to such obligations, in no event shall the liability of Company or its Affiliates under this Agreement exceed the service fees actually paid to the Company or payable to it under this Agreement in the six (6) month period preceding the event on which the claim arose. You acknowledge and agree that you must notify the Company and/or its Subsidiaries of all claims you have or claim to have against the Company and/or its Subsidiaries within one (1) year of the occurrence on which the claim arose, and that your failure to do so shall result in You lose all of your rights in connection with this claim. These limitations are not to be considered to limit any liability that cannot be excluded under applicable law.
12. Duration and termination.
- Duration This Agreement shall be effective from the date of your signature (electronic or otherwise), and shall continue until its termination as set out in this Agreement.
- Termination. Either party may terminate this Agreement: (a) without cause and at any time subject to seven (7) days' prior notice to the other party; or (b) with immediate effect and without notice if the other party materially breaches the provisions of this Agreement; or (c) with immediate effect and without notice in the event of the insolvency or bankruptcy of the other party or after it has submitted a request for a suspension of payment (or similar action or event) to the right of the terminator. In addition, the Company may terminate this Agreement or disable your Mentor ID or location with immediate effect and without notice if you, as the case may be, no longer qualify under applicable law, Company standards and policies to provide mentorship services, or for any other reason as set forth herein. Convention.
- Termination effect. Upon termination of this Agreement, you must: (a) return all Company Equipment to Company promptly; and (b) immediately delete the Advisory App or Website and remove it completely from any of your devices. The Obligations for Payable Payments and Sections 1, 15, 14, 13, 12.3, 11, 10, 9, 7, 6, 5.3, 4.8, 4.7, 2.5.3, and 2.3 shall survive termination of this Agreement.
13. The relationship between the two parties.
- Except as expressly set forth in this Agreement with respect to Company acting as a limited payment collection agent solely for the purpose of collecting payments from Users on your behalf, the relationship between the parties under this Agreement is that of independent contractors only. The parties expressly agree that: (a) this Agreement is not an employment agreement and does not create an employment relationship (from the perspective of labor law, tax law, or social security law) between you and the Company; and (b) there is no joint venture, partnership or agency relationship between you and the Company.
- It has no power to bind the company; You undertake not to act as an employee, agent or representative of the Company or its subsidiaries. Where you may, under binding law or otherwise, be considered an employee, agent or representative of the Company, you undertake and agree to indemnify, defend and (at the Company's discretion) and hold the Company harmless from any claims by any person, entity, regulator or governmental authority based on any implied employment, agency or representation relationship.
- You expressly acknowledge and agree that, by accepting the terms and conditions of this Agreement, you intend to perform Homeschooling and Extension Services in a non-accidental manner and, accordingly, the Company will consider you a Taxable Person pursuant to all applicable VAT and Indirect Tax legislation.
- You expressly acknowledge that you are not entitled to deal with any user you have dealt with through JoTutor services for a period of two years from the date of your last transaction through the service and that if you deal directly during this period ignoring the fees for JoTutor services, you are obligated to pay the value of the fees and JoTutor services in proportion to the amount of fees Two years of continuous service provision.
14. Miscellaneous provisions.
- Amendment. The company reserves the right to modify the terms and conditions of this agreement at any time and such modification shall be effective as of the date of publishing an updated version of this agreement, as the case may be, on the online portal available to you on JoTutor services. The Company reserves the right to amend any information referred to as hyperlinks from this Agreement from time to time. You hereby acknowledge and agree that by using the JoTutor Services, downloading or installing or using the Guide application or website you are limited by any future modifications or additions to this Agreement, the information hyperlinked from this Agreement or the documents included in the fee including this Agreement. the service. Your continued use of the JoTutor services, the application or the advisor’s website after the introduction of these changes shall be deemed your acceptance of these changes.
- Supplementary Terms. Supplemental terms may apply to your use of JoTutor services, such as policies or terms of use associated with certain features and functions, which may be amended from time to time (“Supplemental Terms”), and some supplemental terms may be provided to you from time to time. The Supplemental Terms are in addition to and form part of this Agreement. In the event of a conflict between the supplemental terms and the provisions of this agreement, the supplemental terms shall prevail.
- Independence of judgments. In the event that any provision of this Agreement is held to be illegal, void or unenforceable in whole or in part by virtue of any law, that provision or part of the provision shall be deemed not to be part of this Agreement without any effect on the legality, validity or enforceability of the remaining provisions of this Agreement to enforce. In such event, the parties shall replace the unlawful, void or unenforceable provision/part of a provision/part of a legal, valid and enforceable provision provided that it has an effect similar, to the maximum extent possible, to the illegal, invalid or unenforceable provision/part or Unenforceable subject to the content and purpose of this Agreement.
- Waiver of the agreement. You may not assign or assign this Agreement or any of your rights or obligations herein, in whole or in part, without the Company's prior written consent. The Company shall have the right to assign or assign this Agreement or any of the Company's rights or obligations contained therein, in whole or in part, from time to time without reference or notice to the other party. In the event the Company does so, you have the right to terminate this Agreement with immediate effect and without prior notice.
- The full agreement. This Agreement, including the preamble and all supplemental terms, constitutes the entirety of what has been agreed and understood between the parties with respect to its subject matter, and supersedes and supersedes all prior and contemporaneous agreements and undertakings on the subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The Preamble forms part of this Agreement.
- There are no external beneficiaries. You acknowledge and agree that there are no external beneficiaries of this Agreement. Nothing in this Agreement shall create or be construed to create any claims relating to external beneficiaries.
- notifications. Any notice from the Company to you under this Agreement shall be sent via the e-mail associated with your account or by posting it on the portal available to you on the JoTutor Services or via the WhatsApp application and any notification from you shall be sent to the Company under this Agreement by communicating with the Company via e-mail and may need to be sent Additional special notices from time to time and failure to respond to the objection is considered an implicit acceptance of these conditions.
15. Governing Law; Arbitration.
- Except as otherwise provided in this Agreement, this Agreement shall be governed by and construed solely and in accordance with the laws of Jordan, except for its conflict of laws rules. Any disputes, disputes or controversies whatsoever arising out of or in connection with this Agreement, including but not limited to, with respect to its validity, interpretation and enforceability, shall be mandatorily resolved through settlement procedures under the ICC Rules for the Amicable Settlement of Disputes. If the said dispute is not settled within sixty (60) days of submitting a request for a peaceful settlement of the dispute under the rules of the International Chamber of Commerce for the amicable settlement of the aforementioned disputes, this dispute must be referred to and resolved finally and exclusively by resorting to arbitration under the rules of international arbitration of the Chamber of Commerce. The official language of arbitration is Arabic.
- By clicking “I agree” or signing below (as required by applicable law), you expressly acknowledge that you have read and understood this Agreement and have taken adequate steps to understand its requirements precisely, that you agree to be bound by the terms and conditions of this Agreement, and that you are legally qualified to enter into this Agreement with the company.