Terms and Conditions

Terms & Conditions

Last updated: November, 2024

Please read these terms and conditions carefully before using Our Service.

This website is owned and operated by ERUDIGO INC. These Terms set forth the terms and conditions under which you may use our website (“Website”) and services (“Services”). IF YOU DON’T AGREE WITH THE TERMS & CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE OUR WEBSITE. Our Website allows visitors and registered users to book tutoring services classes from our tutors. By accessing or using the website of our service, you acknowledge and agree that you have read, understood, and accept to be bound by these Terms.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTIONS LAWSUITS.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined in these Terms & Conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ERUDIGO INC.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Website refers to www.erudigo.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Services

Erudigo offers a platform to connect instructors with students seeking tutoring services. Our instructors decide, are responsible for, and generally control the methods, materials, scheduling, frequency and all other aspects of the tutoring they provide.

Students are responsible for selecting the right instructor for their needs.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

If you are under the age of eighteen (18), you may use our Services ONLY with the involvement and consent of a parent, legal guardian or at the direction of your School.

The U.S. Children’s Online Privacy and Protection Act (“COPPA”) requires that online services providers obtain verifiable parental consent BEFORE collecting personal information from children under 13. You are not allowed to use this website and/or receive services if you we are unable to collect verifiable consent..

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us. Text messages and phone calls will be subject to your carrier’s standard rates. If you don't want to receive such promotional materials or notices – please unsubscribe to the email list or notify us at any time at legal@erudigo.com

Third-Party Links, Sites, and Services

Our Services may contain links to third-party websites, advertisers, special offers, or other events or activities that are not owned or controlled by Erudigo.

Erudigo does not endorse or, assume any responsibility for, the content, privacy policies, or practices of any third party website or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. You understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Registration

In connection with registering for and using the Servies, you agree: (i) to provide accurate, current, and complete information about you and/or your legal guardian; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Erudigo, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of you account and for any actions that take place through your account.

Payment Processors

All financial transactions made in connection with the Services will be processed by a third-party in accordance with their respective terms of use, privacy policy, and/or applicable payment terms and conditions. We encourage you to learn about the practices of such third-party. In no event will Erudigo be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtown or payment service outages.

Termination

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of the Company. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

Proprietary Rights in the Service Content and Materials

All content available through the Website or Services, including designs, texts, graphics, images, information, software, audio and other files, and their selection and arrangement (“Service Content”), are the property of Erudigo or it licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted by these Terms and Conditions or by written authorization by Erudigo. As between You and Erudigo, all data, information, and materials generated from your access and use of the Services shall be exclusively owned by Erudigo, and you shall not have any right to use such materials unless expressly authorized herein.

Governing Law

This Terms and Conditions shall be governed and construed in accordance with the substantive laws, without regard to choice-of-law rules, of the State of Florida. You agree to submit to the personal jurisdiction of the federal and state courts located in Miami-Dade County.

Disputes Resolution

Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ERUDIGO. For any dispute with Erudigo, you agree to first contact us at legal@erudigo.com and attempt to resolve the dispute with us informally. In the unlikely event that Erudigo has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Miami Dade County, Florida, unless You and Erudigo agree otherwise. Please note: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees; and your reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Erudigo from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

If you have any questions about these Terms and Conditions, You can contact us:

By email: legal@erudigo.com