These Teacher Terms of Service (“Teacher Terms”) together with the User Service Terms- SALYM (“Terms”) govern your/you(under the role of a teacher, tutor, coach, educator, instructor, etc) use of the Services, including, without limitation, your registration and use of your Teacher account (“Tutor Account”), creation, provision or management of any Class or Content (“Teacher Services”) through the Services or your use of any learning- or class-management functionality provided by SALYM and its parent companies, subsidiaries and/or affiliates (“SALYM ”, “we”, “us” and “our”).
By signing up for a Teacher Account and using and accessing the Services, you agree to be bound by these Teacher Terms, including, without limitation, the Service Terms, our Payment Policy, our Refund Policy, our Content Policy, our Safety Policy, the Restrictions (collectively, the “Policies”) and any additional terms and conditions, policies or schedules referenced in these Teacher Terms or the Terms or accepted or acknowledged by you in your use or access of the Services from time to time (“Platform Terms”). Such terms, conditions and policies are hereby incorporated by reference. If you do not agree to these Teacher Terms, you may not use or access the Services using your Teacher Account.
We reserve the right to change or modify these Teacher Terms at any time. If we do this, we will notify you through the Services, by email or by other reasonable means. You will be deemed to have agreed to the amended Teacher Terms by your continued use and access of your Teacher Account on and following the date on which notice of the amended Terms was sent to you.
Teacher Obligations
You are agreeing to follow the Teacher Account & Class clauses of the Terms, as well as our Content Policy, Safety Policy, and any Restrictions.
“You- under the role of teacher, tutor, instructor, coach, educator, etc – represent and warrant that:
a)You are at least 18 years old or the age of majority in your country or place of residence, and have the legal capacity to enter into and be bound by these Teacher Terms and the Terms. These Teacher Terms and the Terms will be legally valid and binding on you.
b)Your use and access of the Services in accordance with the Teacher Terms and the Terms is not prohibited in your country or place of residence. You will comply with all applicable laws and regulations, including any applicable tax laws, at your own cost and expense in your country or place of residence.”
c)you will comply with all applicable laws and the Teacher Terms and the Terms in your provision of and/or Content through the Services, including the Content standards set out in these Teacher Terms;
d)you own or have the necessary licenses, rights, consents, permissions, and authority to authorize us to use your Content as specified in these Teacher Terms and the Terms and that such Content will not infringe any third party’s rights, any intellectual property, privacy or data protection rights or rights of confidentiality;
e)You will comply with all applicable laws and the Teacher Terms and the Terms in your provision of and/or Content through the Services, including the Content standards in these Teacher Terms.
f)Your content will not violate any third party’s rights, including but not limited to intellectual property, privacy, data protection, or confidentiality rights, and that you have the necessary licenses, rights, consents, permissions, and authority to permit us to use your content in accordance with the terms
g)As applicable you possess all necessary licenses, certificates, and permits to teach and provide Tutor Services, as well as the necessary expertise (including education, training, knowledge, citizenship, technology, and skill sets) as required by applicable law;
h)Parents, students, and teachers should all communicate through the SALYM platform. You can share any note or message in your class or send direct messages to families from your teacher account on the SALYM Platform, any communication outside of the SALYM platform is prohibited and might lead to termination.
i)Your and/or Content are complete, accurate, and current for learners based on their age, grade level, and course of study. You will promptly and professionally respond to requests for help or support from learners registered in your Classes.”
j)your and/or Content are not carried out in an unprofessional or inappropriate manner, or in a manner that negatively impacts learners’ experiences or results in complaints or an excessive number of poor ratings;
k)any or all Content provided by you is relevant for the course of study outlined in your ‘description, and that learners are provided with a conducive learning environment during Session (s);
l)refrain from including any Content that may be inappropriate for minors, such as Content that is violent, offensive, indecent, inappropriate, racist, hateful, sexist, threatening, abusive, insulting, harassing, false, defamatory, deceptive, fraudulent, infringing, obscene, profane, racially or ethnically objectionable, and/or in violation of applicable laws
m)you will not send or post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user.
n)you will refrain from using the Services for any other intent than providing Teacher/tutor Services;
e)you will not engage in any activity that would violate any third-party rights (together with, without limitation, intellectual property, data protection and privacy rights, or confidentiality rights), or require us to obtain licenses from or pay royalties to any third party, including the public performance of a musical work or sound recording.
f)You will not pretend to be someone else or try to gain unauthorized access to someone else’s Account.
g)You will not interfere with or prevent other instructors from providing Tutor Services, or abuse our resources, including our support services.
h)Any information you provide as part of your Tutor Account (including information about your qualifications, credentials, and expertise) is complete, true, accurate, and not misleading, and that you will maintain accurate account information.
For more details, you may refer to our Content Policy, Safety Policy, and Restrictions.
Teacher Account
You must register a Teacher Account in order to provide Teaching Services using the Services.
In registering for and maintaining your Teacher Account, you:
a)must provide accurate and complete information (including any contact details) regarding yourself and such documents and information required by us, if applicable;
b)must promptly update your Teacher Account information with any new information (including any contact details) that may affect the operation of your Tutor Account;
c)authorize SALYM to make any inquiries we consider necessary or appropriate to verify the information or documents provided to us; and
d)acknowledge and accept any applicable policies, including, without limitation, pertaining to service quality, confidentiality, teacher integrity, anti-harassment and conflict of interest.
You are responsible for all activities and transactions under your Teacher Account. We will not be responsible in any way if your Teacher Account and/or password are misappropriated or used by a third party. You agree to keep your password secure, and not share your login credentials with any other person.
You must notify us immediately of any unauthorized use (or if you suspect any other breach of security) of your Tutor Account by contacting us using our contact details below.
Unless expressly permitted by us, you may not:
a)sub-contract or delegate the provision of the Teacher Service or otherwise permit another person to use or access your Tutor Account or provide the Teacher Services through the Tutor Account on your behalf;
b)transfer, lend or sell your Tutor Account to any person; or
c) set up multiple Teacher Accounts, including for the purpose of bypassing any Teacher Account restrictions, suspensions or terminations.
We reserve the right to, at our discretion, restrict, suspend or terminate the use of your Teacher Account for any reason at any time, including, without limitation, where we suspect the unauthorized use of your Teacher Account, where your use of the Services or your Teacher Account does not comply with the Policies or for breach of applicable laws, these Teacher Terms or the Service Terms.
Content Standards
You agree to abide by our content quality standards or policies prescribed by us on the Services from time to time. You should check these standards or policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services (including, without limitation, your provision of Teacher Services or the publication or display of any or Content on the Services) may be subject to a review period (if applicable) and is ultimately subject to our Content Policy, the Restrictions and our approval, which we may grant or deny at our sole discretion.
You are not required to upload Content to be made available to learners outside of Sessions.
However, we may, at our discretion and pursuant to this and our Content Policy and the Restrictions, require you to upload supporting materials and such other Content for carried out by you for such purpose.
We reserve the right to, at our discretion, remove or restrict access to any , Session(s) or Content, suspend payouts, and/or restrict, suspend or terminate the use of your Teacher Account for any reason at any time without prior notice, including, without limitation, where:
(a) you or the Teacher Services provided by you or your use of the Services or your Teacher Account do not comply with our Policies, applicable laws, these Teacher Terms or the Terms;
(b) the Teacher Services provided by you falls below our quality standards or has a negative impact on users’ experience;
(c) you engage in behavior that might reflect unfavorably on us or bring us into public disrepute; or
(d) as determined by us in our sole discretion.
For more details, please refer to Content Policy and the Restrictions.
Classes
a) In order to provide the best possible experience for all users, it is important that all communication between parents and tutors on the SALYM platform be conducted through the platform. This allows our support team to ensure that the communication is high quality, safe, and positive. If there are any issues or concerns, our team will have the necessary information to review and potentially resolve the issue. It is not possible for us to assist with communication or payments that take place outside of SAYM. Please use the SALYM platform for all communication and payments to ensure that we are able to assist you.
b) As a Teacher, you may cancel or reschedule a Class or Session on the Services, subject to the terms of our Refund Policy, these Teacher Terms, and the Terms, including any refund a learner may be entitled to under our Refund Policy. Note that this feature may not be available on all Services.
c) We reserve the right to reschedule or cancel a Class or Session, or remove or restrict access to any Class, Session(s), or Content at our discretion, including violation of applicable laws, these Teacher Terms, or the Service Terms.
d) In accordance with our Safety Policy, you must follow all safety guidelines and not use any tools other than those provided by the Services or permitted by the Safety Policy, or use substitute tutors.
Payouts ( Teacher payment)
Pricing and payouts
a) SALYM instructors earn money by setting the enrollment fees for their classes, along with establishing the number of learners in each class.
b)SALYM will transfer the Booking (enrollment) Fees minus SALYM ’s service fees (“SALYM Fee”) to the Teacher’s PayPal account for each sale of a Class (or set of Classes, as applicable) by a Parent within 7-8 calendar days after completing a session and provided there is no dispute or refund request ongoing.
In order to transfer funds to Teacher’s PayPal account, Teachers shall sign up for a PayPal account.
c)SALYM has discretion to act on behalf of the Parent, and to not transfer the Booking Fees to the Teacher, if the Parent reports that the Classes were not provided or adequately completed. This may include but is not limited to circumstances where a Teacher did not arrive for a Class or a Class was of insufficient quality. SALYM will independently review such cases, seeking input from the Parent and/or the Teacher, and may decide at its sole discretion to issue a refund to the Parent. All determinations of SALYM with respect to a refund shall be final and binding on the Parent and Tutor.
d) All prices shall, unless stated otherwise on the Services, be listed and charged in United States (US$) Dollars.
e) SALYM charges a service fee each time a learner enrolls in a class. This fee is 15% of the total payment made by the learner’s family. The remaining 85% ( the balance) goes to the teacher. We pay educators for their classes through PayPal. To facilitate this transaction, all class fees must be paid through the SALYM platform.
f) Unless specified otherwise in these Teacher Terms, the Terms or the Platform Terms, all payouts of your balance ( parents payment minus SALYM fees) to you will be made in United States (USD$) dollars thru PayPal. If you transfer money from PayPal to a bank outside the US that uses a different currency, the bank may charge you a fee to convert the funds to the local currency using their own exchange rate. SALYM is not responsible for these fees. Please contact your bank or credit card company to learn more about any potential fees.
g) teachers are responsible for maintaining their own account security. Payments will be sent to the payout address on file, so educators should monitor all activity on their SALYM account while reporting any irregular activities. To provide an extra level of security, all changes made to a tutor PayPal payout email address are subject to a 5-day verification period and review by our Team.
h) We reserve the right to withhold payment of your balance if we determine, following an investigation, that you have engaged in fraudulent or willful misconduct in order to deceive learners or SALYM , or in violation of these Tutor Terms, the Terms, or the Policies.
i) We will not be responsible or liable for any loss, damage, delay, costs or expenses that may arise from your non-compliance with these requirements or any applicable tax laws or from any issues that may arise from your use of or any other service provider’s services, which we are not affiliated with and do not endorse.
Refunds
a) You acknowledge and agree that learners have the right to receive a refund, (Review our Refund Policy). Teachers will not receive any Class payouts from Sessions for which a refund has been granted under the Terms.
b) Generally, we will not issue refunds to learners for completed Sessions, but reserve the right to do so at our discretion if a refund request is due to a violation of applicable laws, these Teacher Terms, or the Terms. If a refund is granted, we will need you to send back your 85% of the refund to salym@salymeducation.com via PayPal
c) If we do not receive your payment within one week, we will attempt to deduct this refund amount from your future payouts, and you might receive a warning. If no further payments are due or the payments are insufficient to cover the refunded amount and we do not receive your payment after two weeks, your account will be suspended, your classes will be unlisted, and we will not approve any new classes.
For more details, you may refer to our Refund Policy.
Taxes
a) For tax purposes, SALYM Tutors are considered independent contractors. It is your responsibility to properly report all earnings from SALYM, regardless of your location, in accordance with local and national laws. This includes all types of payments received from SALYM .
b) All payments to SALYM educators are processed through PayPal. SALYM does not provide tax reporting forms directly.
Personal Data
a) If you obtain or are given access to any personal data due to your use or access of the Services (including, but not limited to, providing Teacher Services or being purchased by learners), you may only use and access this personal data within the Services in accordance with Confidentiality & these Personal Data clauses of these Teacher Terms and the Safety Policy, and only for the purpose of providing Teacher Services to learners using the Services, unless we give you written permission in advance to do otherwise. You must not transfer the personal data to any country outside of Canada(including by downloading it, if you are located overseas), or transfer or disclose it to any person.
In addition to the above, you must comply with all applicable data protection laws and regulations at your own cost and expense, including, but not limited to, making reasonable security arrangements to prevent unauthorized or accidental access, collection, use, disclosure, copying, modification, disposal, or destruction of personal data.
If there is an actual or suspected data breach involving personal data, you must promptly notify us at your own cost and expense, and provide us with all reasonable assistance in relation to any investigations or requests made by individuals or Canada government authorities regarding personal data.
For the purposes of these Teacher Terms, “personal data” refers to data, whether true or not, about an individual who can be identified from that data or from that data and other information to which the organization has or is likely to have access.
Please refer to our Privacy Policy for further details.
Confidentiality
While using or accessing the Services (including, but not limited to, providing Teacher Services), you may be given access to proprietary and confidential information belonging to SALYM or its affiliates, customers, users, teachers, vendors, or other individuals (collectively referred to as “Confidential Information”).
This Confidential Information may include, but is not limited to, prices, fees, terms, personal data, customer information, information about other teachers, purchase or transaction information, data or analytics regarding the Services or lesson or teaching plans or materials provided by us (to the extent that you access and use them as part of the Services). However, this does not include any information that becomes publicly available or that you receive on a non-confidential basis, unless this occurs as a result of a breach of confidentiality by you or any other person.
Unless expressly permitted by us in writing, you:
a) You must keep all Confidential Information confidential and use it only for the purposes of using the Services and providing Teacher Services in accordance with these Teacher Terms (including the Safety Policy). It must not be used for any other purpose.
b) not disclose the Confidential Information to anyone, except if required by law, any governmental or regulatory authority, or a court of competent jurisdiction. If legally permitted, you must give us as much notice as possible before making such a disclosure;
c) not make or keep any copies of the Confidential Information. If you retain copies of the Confidential Information for any reason, you must destroy or return them to us when we instruct you to do so.
Termination
Notwithstanding these Teacher Terms are effective unless and until terminated by either you or us. You may terminate these Teacher Terms at any time by deactivating your Teacher Account, if available through your Teacher Account settings, or notifying us that you no longer wish to use our Services.
We reserve the right to, at our sole discretion, and without liability or refund:
(a) suspend or terminate your Teacher Account and/or your access to the Services through the Teacher Account at any time for any reason without advance notice, including, without limitation, where your use of the Services or your Teacher Account does not comply with the Policies or for any breach of applicable laws, these Teacher Terms or the Terms; or
(b) change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
You acknowledge and agree that if you deactivate your Teacher Account or if we suspend or terminate your Teacher Account, you will lose any information associated with your Teacher Account, including access to any or Content, and any outstanding payments due to you under these Teacher Terms will be paid to you in accordance with these Teacher Terms, save where any indemnities are due to us under these Teacher Terms. We will not be liable for your or any other person’s loss of or loss of access to any or Content.
Upon termination, all licenses and rights granted to you in these Teacher Terms will immediately cease. Any rights or obligations incurred by us or you prior to termination shall survive the termination of these Teacher Terms between us and you for all purposes.
Miscellaneous
You acknowledge and agree that nothing contained in this Agreement shall constitute a partnership, agency, joint venture, employment or franchisor-franchisee relationship between you and SALYM .
You acknowledge that SALYM does not, and does not seek to, exercise any general rights of control over you and your provision of the Teacher Services, including the scheduling, content and conduct of any or Sessions, save to the extent set out in these Teacher Terms and the Terms, which you acknowledge is for the purposes of providing the Services to you. You retain the discretion to use the Services and create, run, manage, accept, decline, or cancel any or Sessions through the Services subject to these Teacher Terms and the Terms, and may cease to use the Services at any time.
You will be directly responsible for complying with any laws or regulations applicable to your provision of , Sessions or Content through the Services, including, without limitation, any tax, social security or employment contribution or insurance obligations incurred by you under your country or place of residence and any licenses, permits, consents, approvals or fees required, if any, for your performance of the Teacher Services.
To the extent permitted by law, you will indemnify and hold us harmless against any claims, penalties or fines by any authority or third party for non- or under-payment or non-compliance with the above.
Limitation of Damages
You agree to indemnify, fully discharge and hold SALYM, its directors, officers, employees, and agents harmless for any breaches of the terms and conditions contained in this agreement, any violations of the law or illegal conduct as manifested by your use of this Site, any inability to access this Site or its features, any loss of data you may sustain as a result of accessing this Site, and/or any reliance on any Content contained on the Site. By using the Site, you also agree that SALYM shall not be liable for any damages, including but not limited to direct, indirect, incidental, special, exemplary, or consequential damages arising from your use of the Site.
IN NO EVENT WILL SALYM (OR ITS EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS) BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF PRODUCTION, LOSS OF INCOME, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, INCREASED COSTS OF OPERATION, LITIGATION COSTS, AND THE LIKE), WHETHER BASED UPON A CLAIM OR ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN CONNECTION WITH THE SUPPLY, USE, OR PERFORMANCE OF THE SERVICE, REGARDLESS OF WHETHER SALYM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to resolve disputes only on an individual basis, through arbitration. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
Governing Law and Jurisdiction
These Teacher Terms, together with Service Terms and Privacy Policy and any other policy in our website constitute the entire agreement between you and SALYM with respect to the Site and Services and shall supersede all prior agreements or communications respecting the Site and Services. This agreement shall be construed in accordance with and will be governed by the laws of the Province of Quebec and the laws of Canada applicable in Quebec. Each party agrees that the courts of the Province of Quebec will have jurisdiction. The parties agree that the terms of the United Nations Convention of Contracts for the International Sale of Goods do not apply to these Terms.
Contact Information
Questions about these Teacher Terms should be sent to us at salym@salymeducation.com