StudyFox Terms of Service ("Agreement", "Terms and Conditions")
This Agreement was last modified on March 9th, 2014.

I. General

I.i. Abbreviations

SF: StudyFox
We, Our, Us: StudyFox
TC: Terms and Conditions, Agreement, Terms of Service
The Site: studyfox.lu or any of its sub-domains belonging to SF
Type of account: Fox or Kit
Fox: A person considering offering tutoring lessons
Kit: A person considering taking tutoring lessons

I.ii. The following TC are to be read in the case of using any services offered or by registering and using an account of any type at the site operated by us. The TC sets forth the legally binding terms and conditions for your use of the Site, content and any offered services.

I.iii. By accessing or using the Site in any manner as a non-identified visitor or user of any type, the Privacy Policy, as described as such are always binding not taking account of the circumstances or situation.

I.iv. By accessing or using the Site or its services as a returning or registered user with any type of account, automatically the Terms and Conditions are considered as being known and binding at any moment, as agreed upon during the registration process.

II. Intellectual Property

II.i. The Site and its original content, features, codes and functionality are owned by us and are protected by international copyright and any potential equivalent laws and regulations. It is strictly prohibited to copy, use or link any of the content without our written permission upfront. Reverse engineering or coding is prohibited.

III. Limitations of Services and Registration

III.i. We offer registration to any type of user by differentiating between two types of accounts in the form of Fox and Kit.

Kit

III.ii. A Kit can register for a new user account considering the fact that any account can be blocked by us if a doubt may arise of falsely used registration details such as non-existent or wrong address, name, phone numbers or e-mail.

III.iii. By using our offered services, we cannot provide any guarantee regarding the availability of a Fox or Subject. Furthermore the result of any booked tutoring lesson is not under our responsibility but solely the booked or assigned Fox.

III.iv. By booking a tutoring lesson, the displayed amount to be paid is accepted and is not linked in any way to the performance of the Fox or the personal satisfaction level of the Kit.

III.v. In the case a Fox is running late, the booked duration of the tutoring lesson is to be guaranteed by the Fox considering that no deductions of any case for the Kit will be possible.

III.vi. By receiving a tutoring lesson, no guarantee can be given by us that the final result will be in line or exceed the expectations or the reason of booking the tutoring lesson.

Fox

III.vii. A Fox can register for a new user account considering the fact that any account can be blocked by SF if a doubt may arise of falsely used registration details such as non-existent or wrong address, name, phone numbers or e-mail.

III.viii. The Fox can choose any available subjects that the Fox wishes to teach to Kits. However, for each subject chosen, a validation is required by SF prior to the ability to offer the teaching to any potential Kits.

III.ix. The Fox can add any subject, of an appropriate subject and origin, to the teaching wishes. SF is in charge to validate a new subject or to reject a new subject without giving any further reasons.

III.x. Any subject/language can be chosen by a Kit when a minimum required numbers of teaching Foxes is reached.

III.xi. Any chosen subject by a Fox must be approved by SF prior to being able to teach such subjects. To validate a subject, SF requires the Fox to provide, by uploading documents, to SF that can be considered as a proof for the ability of the Fox to teach the chosen subjects.

III.xii. Valid proofs are:

For native languages: Proof that language was spoken, read and written since being born. SF has the right to perform any further investigations or request further details.
Languages/Subjects:

High school diploma stating the different passed courses including grades
Proof of university registration including main studies and chosen courses including last grades received
Latest list of grades received at high school, including the name of the school and chosen education cycle
Any certificate or diploma that may provide proof of teaching ability (e.g. Language course, Additional exam results)

III.xiii. A fox will not be able to provide any teaching to Kits prior to the required proofs received and a positive validation was given by SF.

III.xiv. When changing the teaching level to a higher level, the teaching of that subject will be blocked automatically until the Fox is able to provide sufficient proof.

III.xv. SF has the right to lower or, in the worst case, remove chosen subjects/languages for a Fox when sufficient complaints were received by Kits.

IV. Booking of lessons

IV.i. A tutoring lesson can be booked by any registered Kit for any subject available at SF. The Kit has the choice to define the date and hour of the lesson as well as the Kit can define the duration of the lesson.

IV.ii. A lesson can be chosen for a specific duration at fixed times, or however, for a specific duration in a time frame, where the Fox can accept and specify the exact timing of the lesson.

IV.iii. All lessons are for one single person and cannot be shared. A Kit has the right to get the full duration of the lesson by the Fox. Group lessons cannot be booked by a Kit over SF.

IV.iv. The Kit has the ability to choose a specific Fox for any lesson. The first name and last name of all potential Foxes available will be displayed to the Kit.

IV.v. When booking a new lesson, the Kit will receive a confirmation for the requested lesson. The confirmation is to be considered as a validation of the request for a lesson, however does not mean that the lesson will take place. Any booked lesson will only be considered as booked and confirmed, when a second confirmation of the Fox, who will tutor the lesson, is received by the Kit.

IV.vi. If no specific Fox is chosen, SF will choose a Fox based on the criteria set by both the Fox (distance, travelling preferences, and knowledge) and the Kit (Subject, travelling preferences, and distance). When SF is in charge of choosing a Fox, the first Fox who will reply to the request will be booked as a Fox.

IV.vii. The Fox, by accepting the lesson request, is required to give the accepted lesson at the confirmed date and time. In addition, any accepted lesson will be confirmed to both the Fox and Kit.

IV.viii. All additional lessons to be booked by a Kit at a known Fox are to be processed via SF due to the initiation of the relationship of both parties. It is prohibited that the Kit books the Fox for further lessons without passing via the services of SF. It is also prohibited that the Fox offers to give additional lessons to the same Kit without using the services of SF. By doing so, a breach of the terms and conditions is considered and will be prosecuted in justice and the accounts for both parties will be blocked for further use. Any open balances to be paid to the Fox are considered as invalid and will not be paid. Any open invoices by the Kit are still subject to payment.

V. Cancellation of lessons

V.i. A lesson can be cancelled by both the Kit and the Fox when required.

V.ii. A Kit can cancel any lesson for free if the cancellation is performed at least 2 hours before the lesson taking place. If cancelled less than 2 hours before, a cancellation fee of 10 Euros is applied.

V.iii. A Fox can cancel any lesson; however will be fined with a 10 Euros fee to his account.

V.iv. If a Kit cancels more than 2 or more lessons or if a Fox cancels any lesson, further investigations will be performed by SF and the account may be subject to being blocked.

V.v. In the case of certain circumstances, such as illness, natural disasters, or accidents, no cancelation fee will be applied, if the circumstances can be proved. For illness, a valid certificate from a doctor/specialist is required.

VI. Prices

VI.i. Prices are fixed amounts for both Kits and Foxes:

Kit receiving a lesson at home: 38 Euros per hour to be paid to SF
Kit receiving a lesson at Fox home: 36 Euros per hour to be paid to SF
Fox giving a lesson at Kit home: 20 Euros per hour to receive by SF
Fox giving a lesson at home: 17.5 Euros per hour to receive by SF

VI.ii. The rates will be multiplied by the total amount of hours booked.

VI.iii. The minimum duration of a lesson is 1 hour (60 minutes). Any additional duration may be chosen by half hours (30 minutes) or full hours (60 minutes).

VI.iv. No deduction is performed based on the total duration or numbers of lessons booked.

VI.v. The prices are to be considered as fixed amounts and cannot be modified by the Kit and/or the Fox at any circumstances.

VII. Payments (from Kit)

VII.i. Booked lessons are subject to be paid by the Kit to SF, after reception of the invoice. The payment of the fee for the lesson does not depend of the satisfaction, expectation or outcome of the received lesson.

VII.ii. Any lesson fee is to be paid within 3 business days by the Kit, based on the date printed on the digital invoice.

VII.iii. All fees must be paid to SF and cannot be paid directly to the Fox.

VII.iv. All invoices are received digitally via e-mail, and can also be downloaded in the Kit-account. All digital invoices are to be considered to be true and valid. The digital invoices are not signed off by SF.

VII.v. Payments are to be performed to the stated bank accounts on the invoice or to the PayPal account stated on the invoice. No other forms of payments (such as cash, cheques, Cheques Repas or any other) are accepted by SF.

VII.vi. Any additional fees, such as processing fees, charged by PayPal or the Bank, are to be paid by the payer (Kit) and not by the beneficiary (SF).

VII.vii. All invoices will state an overview of non-paid lessons, including the subject, Fox, duration and timing.

VII.viii. The total amount of the invoices is to be paid as one single amount, including the stated references on the invoice. A splitting of the total amount or deducting any percentage of the amount is prohibited. A payment received, that fails to be identified, due to missing references, will be rejected and will not be processed by SF. A processing fee of 5 Euros is automatically invoiced to the Kit.

VIII. Payments (to Fox)

VIII.i. On a weekly basis, in general on Thursdays, a payment run is performed to all Foxes to pay the amounts based on the given lessons.

VIII.ii. A payment is only performed when the total amount exceeds 25 Euros.

VIII.iii. Payments are processed by our current Bank accounts (BCEE or Post Group) or by PayPal. SF will choose the best option for each Fox to minimize any potential fees that may apply. In the case any fees will apply, the fees will be automatically deducted from the due balance of the Fox.

VIII.iv. Any payments that are rejected by the corresponding Bank of the Fox will be charged with a 5 Euros fine due to payment rejection fees that are to be paid by SF. The penalty fee of 5 Euros is automatically deducted from the due balance of the Fox.

VIII.v. The Fox is fully in charge to ensure that the stated Banking details are up-to-date and that the payment preferences are accurate. Once a payment is performed by SF, it cannot be reversed anymore.

IX. Late payments

IX.i. Late payments will be fined with a penalty of 5 Euros per month.

IX.ii. A maximum of 3 reminders will be sent to the Kit, including the processing fees. After 3 reminders, the Kit will be prosecuted by a lawyer based on the Luxembourgish law that is to be applied.

IX.iii. Any account, where a negative balance is not settled within 3 business days, may be blocked by SF without further statement.

X. Account termination

X.i. An account may be terminated by the Kit or Fox at any moment in the account settings. A terminated account will not be available to be used anymore and cannot be undeleted.

X.ii. If a Fox terminates the account, the remaining due balance is paid by SF, despite the amount. The 25 Euros minimum balance will not be applied.

X.iii. If a Kit terminates the account, any non-paid invoices are still subject to payment by the Kit.

X.iv. SF has the right to block accounts if required based on certain circumstances. SF will not automatically delete accounts that are blocked.

X.v. The data linked to any deleted account, and any operations performed by such accounts, will be kept in the databases in order to ensure the processing of any still due payments and must be kept, in regulation with Luxembourgish law, for a specific period of time after deletion. The data is not to be shared by SF with any third party, unless specific circumstances may apply, such as a request by a lawyer or court. After the specific time, the content of the deleted account will be deleted; however any data in relation to invoices or statistics (usernames) will be kept for an undefined time.

XI. Referrer system for Fox

XI.i. A Fox has the possibility to share his username with other potential future Foxes. The future Foxes can use the given username during the registration process. The referring Fox will receive a fixed commission for any given lessons of any subjects by the referred Fox.

XI.ii. A fixed commission of 0.5 Euros is applied per given lesson by the referred Fox and is not calculated based on the duration of the lesson.

XI.iii. The commissions are automatically added to the due balance of the referring Fox.

XII. Reward system for Kit

XII.i. For each booked lesson, the Kit will receive Fox-points.

XII.ii. Fox-points will always be valid and will not expire.

XII.iii. Based on the amount of Fox-points earned, the Kit is able to exchange the Fox-points for services and products offered by SF on a dedicated reward site. The Kit can exchange the Fox-points only on stated services and products and is not in the situation to request specific services and products.

XIII. Links to other sites and use of third party providers

XIII.i. Our Site may contain links or exchange data to third-party sites that are not owned or controlled by SF.

XIII.ii. SF has valid contracts in place with any third party provider and uses the services to ensure the availability and functioning of any SF service. Currently, the following operations are externalized to third party service providers:

Hosting of SF servers (Provider 1)
Calculation of distances and travelling time (Provider 2)
Sending of text messages (Provider 3)

XIII.iii. SF guarantees, based on the contracts in place with the third party providers, and based on the applicable privacy policies and terms of conditions of the third party providers at the time of signing, that no personal data is accessed or used by any of the third party providers. The following data is exchanged:

Provider 1: No exchange. Only hosting performed.
Provider 2: Address (excluding any names or contact details such as phone numbers and e-mail)
Provider 3: Mobilephone number (without any additional details)

XIII.iv. Any concern or potential breach should be addressed to SF in written.

XIV. Governing Law

XIV.i. This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Luxembourg, without giving effect to any principles of conflicts of law.

XV. Changes to this agreement

XV.i. We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

XV.ii. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

XVI. Contact us

XVI.i. If you have any questions about this Agreement, please contact SF.