Terms and conditions
Last update 01.10.2021
1.1. GoStudent GmbH, with its headquarters in Vienna, registered in the commercial register of the Commercial Court of Vienna under FN 447118 b (hereinafter “GoStudent”), provides an online platform for tutoring services (hereinafter the “Platform”) under the domains gostudent.at, gostudent.de, gostudent.ch and gostudent.org as well as in an app.
1.2. These T&Cs shall apply to all persons registered on the Platform as users (hereinafter referred to as “User”). They regulate the rights and obligations of Users when visiting the Platform and when using the functions and services offered on it.
1.3. These T&Cs shall apply exclusively to the use of the Platform as a User. Any deviating, contradictory or supplementary terms or conditions shall not form part of these T&Cs between the User and GoStudent, even if they have not been expressly contradicted. Deviating, contradictory or supplementary terms or conditions shall only be valid if GoStudent has agreed to them in writing.
1.4. To the fullest extent permitted by applicable laws, GoStudent may change the provisions of these T&Cs at any time without stating the reasons. Such changes shall be posted on the Platform. If the User continues to use the Platform after becoming aware of the amended T&Cs, the amendments are deemed to be accepted.
SUBJECT OF THE CONTRACT, SERVICE DESCRIPTION
2.1. Users and persons registered as tutors (hereinafter referred to as “Tutor”) can arrange online video lessons (hereinafter referred to as “video lessons”) via the Platform.
2.2. All persons who wish to offer video lessons via the Platform can register as Tutors. These persons do not have to be school teachers. If services offered by Tutors via the Platform are subject to charges, this will be expressly and clearly indicated.
2.3. If a User and Tutor agree upon video lessons, the contract for this shall be concluded directly between the User and the Tutor (hereinafter “Tutor Contract”).
2.4. GoStudent operates the Platform and arranges Tutor Contracts on behalf of Tutors for Users of the Platform. In addition, GoStudent offers certain services in connection with the onboarding of Users and also provides support in the processing of Tutor Contracts. GoStudent is authorised to accept payments in the name and on account of Tutors. However, GoStudent itself does not become a party to the Tutor Contracts concluded between Users and Tutors.
2.5. GoStudent may also provide other services via the Platform (e.g. a homework chat or a free trial lesson to test video lessons). However, GoStudent is not obliged to make such offers available.
REGISTRATION, CONSENT OF THE LEGAL REPRESENTATIVE
3.1. Use of the Platform requires a corresponding registration. In the course of registering for the Platform, the User agrees to the validity of these T&Cs. Use of the Platform as a User or Tutor is reserved for registered persons. Registration is free of charge.
3.2. In the course of registration, the User must provide all information completely and truthfully and update it immediately in the event of any changes.
3.3. There is no right to registration on the Platform. GoStudent reserves the right to refuse to register a person as a User without stating the reasons or to exclude already registered Users from using the Platform without giving reasons. Any credit purchased and not yet consumed at the time of exclusion will be refunded by GoStudent to the excluded User. To make this payment, GoStudent shall use the same means of payment that the User originally used to purchase the credit.
3.4. Registration on the Platform is possible regardless of age. However, in order to use chargeable services (video lessons) via the Platform, Users must be at least 14 years old and Tutors at least 18 years old. If a User or Tutor has not yet reached the legal age of majority in their jurisdiction of residence, the prior consent of the person’s legal representative is required.
3.5. GoStudent will provide the User with access to the Platform by transmitting access data to the mobile phone number provided by the User and create a personal user account. In this regard, the User is obliged to provide GoStudent ([email protected]) with an email address to which documents can be sent to the User. If this email address changes, the User must notify GoStudent immediately by providing the new email address.
TUTOR CONTRACT FOR VIDEO TEACHING, PURCHASE OF CREDITS
4.1. Tutor Contracts are concluded between a User and a Tutor in accordance with the relevant provisions of these T&Cs.
4.2. Users can conclude a Tutor Contract with a Tutor by purchasing credits for video lessons via the Platform. The processing of the credit payment to the Tutor is administered by GoStudent. Credits for video lessons can be purchased in the form of hourly packages. Depending on the duration of your contract period, credit for hours that are not used up within a certain period of time expire as noted in more detail in Section 4.3 below.
4.3 For the duration of the contract period, the user will be credited monthly (on the respective recharge date) with the number of sessions specified in the contract, and the corresponding sum will be debited automatically. The recharge date corresponds to the calendar day on which the contract was concluded (e.g. if a contract was concluded on 20.03.2021, the recharge date is the 20th day of each month of the contract period). Credited sessions can be freely used for booking in lessons until the next recharge date; they cannot be carried beyond the next recharge date. It is possible to pause the contract for one month at a time (starting with the recharge date). The duration of the pause is then added to the contract period, which is extended accordingly. Pausing is not possible for 6-month contract periods. In the case of an agreed contract period of 9 or 12 months, a pause of one month is possible. In the case of 18-month- or 24-month packages, pausing is possible on two occasions and in the case of a 36-month contract period, pausing is possible on three occasions.
4.4. If the User or their legal representative clicks the button “Order now for a fee” on the Platform, they make a binding offer to the (previously selected) Tutor to conclude a Tutor Contract as well as to purchase the credit balance required for this and thus an offer to conclude a contract for a fee. GoStudent sends a confirmation message to the User (on behalf of and in the name of the respective Tutor) to accept this offer.
4.5. Before concluding the Tutor Contract, the User is given the opportunity to check all details again and to change them if necessary.
4.6. The User is provided with confirmation of the concluded Tutor Contract and all other relevant information on a permanent data carrier (e.g. as a PDF document by email).
VIDEO LESSONS, AUTOMATIC EXTENSION
5.1. Tutor Contracts can be concluded (in particular) in the form of different packages of lessons to be consumed by the User within a certain period of time. The prices of the different packages may vary depending on the number of units and the period of time envisaged for the consumption of the units.
5.2. The respective current prices are announced on the Platform. To the fullest extent permitted by applicable laws, GoStudent reserves the right to change prices at any time. Such changes only apply to units/packages purchased after such a change.
5.3. Unless prohibited by applicable laws, payment of the credit for video lessons is made either (partially or fully) in advance and/or in monthly installments via the selected payment provider as described during the purchase process. If payment is made in the AppStore, the purchase will be charged after confirmation via the User’s iTunes account.
5.4. After the expiration of the term, the contract is extended by another package with the same conditions (units, period and price). If this is not desired by the User, the form to turn off auto-renewal can be filled in from the moment of conclusion of the contract until 7 days before the end of the contract period at the latest, thus preventing the subsequent extension. Otherwise, the Tutor Contract will be renewed for another package with the same conditions (units, period and price). For the payment, the agreement chosen in the original Tutor Contract applies (see also point 5.3). If the contract is not cancelled, the current contract will be extended without a new right of revocation (Point 12.).
5.5. In addition to the individual video lessons, Tutors can also offer free live group courses as well as paid live group courses via the Platform. These are basically one-time purchases (and not packages).
RIGHTS AND OBLIGATIONS OF USERS
6.1. The User agrees that when using video lessons via the Platform, GoStudent may deduct the amount per unit agreed upon at the conclusion of the Tutor Contract from the User’s credit balance and credit the Tutor with the credit balance due to them for this unit. If credit expires because it is not used by the User within the time period provided for this purpose, it will also be deducted from the User’s account.
6.2. The User has the possibility to create a rescheduling request up to 60 minutes before a video lesson already agreed with a Tutor. Provided that this is accepted by the Tutor at least 30 minutes before the start of the unit, the User will be automatically rescheduled for the newly selected date free of charge. It should be noted that each Tutor is free to agree to their own arrangements with a User for the latest possible rescheduling free of charge. The limit set by GoStudent is 30 minutes before the lesson was due to start. In the event of cancellation or rescheduling not in accordance with the above regulations, as well as in the event of a User’s failure to attend, GoStudent reserves the right to deduct one unit of video lessons from the User’s credit balance in the name and for the account of the Tutor.
6.3. The User undertakes to keep secret the access data provided by GoStudent. The User is responsible for all activities that emanate from their user account.
6.4. The User undertakes to notify GoStudent immediately if there is any suspicion of unauthorised use of their user account. If there is suspicion of unauthorised use of a user account or if a User violates applicable legal regulations or these T&Cs, GoStudent reserves the right to block the user account.
INFORMATION ABOUT TUTORS
7.1. During registration, Tutors indicate in which subject areas (e.g. school subjects) they would like to offer video lessons. If requests for video lessons in a relevant subject area are received from Users via the Platform, GoStudent may notify a Tutor; however, there is no obligation to do so. On the other hand, there is no obligation for the Tutor to respond to requests for video lessons.
7.2. A User has no right to be referred to a particular Tutor. The availability of Tutors is exclusively based on the times they themselves have indicated on the Platform.
7.3. There is no employment or freelance service relationship between a Tutor and GoStudent. Tutors are not subject to instructions from GoStudent and act independently when holding video lessons. They are also not authorised to represent GoStudent in legal transactions.
USE OF PLATFORM
8.1. GoStudent shall make the Platform available for use 24⁄7. However, there is no procedure that can guarantee that software is error-free based on the current state of technology. GoStudent therefore does not guarantee that the software on which the Platform is based is completely free of errors and that there will be no platform downtime. Furthermore, the Platform may be temporarily unavailable due to maintenance work. GoStudent will announce scheduled maintenance work on the Platform in a timely manner. However, GoStudent is not obliged to update the Platform.
8.2. The Platform and the underlying software are copyrighted and may not be used or modified beyond the agreed rights of use without prior written consent from GoStudent. Likewise, the design of the Platform and in particular the content placed on the Platform (e.g. databases, photos, images, logos, videos, texts, graphics, etc.) are copyrighted or are subject to other laws for the protection of intellectual property and, unless otherwise indicated, GoStudent is entitled to these.
8.3. GoStudent can make the Platform interactive. This gives Users and Tutors the opportunity to review each other and write their own comments. GoStudent does not check whether the reviews are potentially unfounded or misleading. Users undertake to provide only truthful information in the reviews and to observe the legal regulations as well as these T&Cs. Users may only reproduce personal data with the express permission of the person concerned.
8.4. GoStudent reserves the right to delete reviews or other content in whole or in part, especially if they contain unlawful content.
8.5. The User expressly acknowledges and agrees that in particular, but not exclusively, the distribution of the following content via the Platform is prohibited:
a. racist, pornographic, obscene, insulting, vulgar, violent, belittling and immoral content; b. insulting, hurtful comments or threats against other Users, Tutors or third parties; c. content which impairs or endangers children or young people in their development or upbringing or which violates human dignity or other legally protected interests; d. content that could lead others to criminal or other immoral acts; e. copied content to which the Tutor has no rights or which was provided by other registered persons or that impersonates or attempts to impersonate GoStudent, a GoStudent employee, another User, a Tutor or any other person or entity (including, without limitation, by using email addresses or profile or screen names associates with any of the foregoing); f. content that poses a security risks, such as viruses; g. sending unsolicited advertising emails, junk emails, other unsolicited messages, so-called email bombs etc. to other Users, Tutors or third parties or setting links to third-party pages for distribution purposes; h. content that could disable, overburden, damage or impair the Platform, such as attacking the Platform via a denial of service attack or a distributed denial of service attack, or interfere with any other party’s use of the Platform; and i. content that violates any applicable laws. 8.6. The User grants GoStudent the free, non-exclusive, perpetual and unrestricted right to use, edit, copy and distribute reviews, photos, graphics, texts, audio messages and videos posted on the Platform for provision on the Platform and for advertising the Platform.
8.7. The use of tools for data analysis of the Platform content is not permitted.
8.8. GoStudent is entitled at any time to restrict or completely discontinue the services offered via the Platform without stating the reasons. Significant changes or restrictions to the services offered will be announced on the Platform in good time.
8.9. A restriction or discontinuation of the services offered by GoStudent does not change these T&Cs. GoStudent can only change the T&Cs in accordance with the procedure stipulated in Section 1.4.
WARRANTY, WITHDRAWAL FROM TUTOR CONTRACT
9.1. The relationship between the User and GoStudent is governed by applicable statutory warranty provisions.
9.2. If a Tutor has not or only partially fulfilled a Tutor Contract (e.g. individual units) or has fulfilled it badly (e.g. non-appearance or late arrival of Tutor, lack of professional competence, inappropriate treatment of User), the User can make a justified complaint to [email protected] GoStudent can check the quality of a video lesson in such cases and try to mediate between the User and Tutor. The User and Tutor agree that GoStudent will have the final say on the existence and amount of any claim for a credit refund. If GoStudent considers the User’s complaint to be justified, the credit for a unit of video lessons shall be credited to the User’s credit account and any credit already transferred to the Tutor’s credit account for the unit shall be deducted from the Tutor’s credit balance.
9.3. In case of serious violations of a Tutor or in case of non-fulfilment of the Tutor Contract, an attempt shall be made to find a replacement Tutor for the User at the User’s request. If a replacement Tutor is found, the Tutor Contract is transferred to the replacement Tutor and the unused credit shall be available for video lessons with the replacement Tutor under the previously agreed conditions (open units/agreed time period). If no replacement Tutor can be found or if the User does not wish to have a replacement Tutor, they have the right to terminate the Tutor Contract pursuant to point 12.8.
10.1. Some jurisdictions do not allow the limitation of liability in certain circumstances. A portion or all of the following limitations may therefore not apply to you.
10.2. To the fullest extent permitted by applicable laws, neither GoStudent nor its employees, agents or third-party content providers shall be liable for any loss resulting from use or unavailability of information or content on or in connection with the Platform, including but not limited to any lost profits, loss or damage to data, or any direct, indirect, special, consequential, compensatory or incidental damages, even if GoStudent had been advised of the possibility of such damages. This disclaimer is applicable to any damage or injury resulting from negligence or omission of GoStudent, computer virus or other similar item, telecommunications errors, or unauthorized access to, or use of User information through theft or any other means. GoStudent is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect the Platform. In no event will GoStudent or any of its directors, officers, agents, employees, assigns, or third party content providers be held liable for any tortious or illegal conduct of other Users or Tutors. In no event will GoStudent or any of its agents, employees, or assigns be held liable for any damage to equipment, hardware, or other property of Users or personal injury that arises in connection with use of the Platform.
10.3. To the fullest extent permitted by applicable laws, GoStudent shall assume no liability for the fulfilment of contractual or other obligations of Tutors towards Users. In particular, GoStudent is not liable for the availability of Tutors or for any damage incurred by the User in connection with the performance of a Tutor Contract. With regard to the reimbursement of the credit used for a video lesson unit, a User must proceed in accordance with point 9.2. All claims over and above this must be made directly to the respective Tutor.
10.4. GoStudent shall not be liable for the content provided by Users or Tutors on the Platform or the content of any third party websites to which GoStudent is linked. For illegal, incorrect or incomplete content and especially for damage resulting from the use or non-use of such information, the provider of the site to which GoStudent is linked is solely liable. The User is therefore solely responsible for critically reviewing and evaluating the content of other Users and Tutors.
EXEMPTION FROM LIABILITY ON THE PART OF THE USER
11.1. The User undertakes to defend, indemnify and hold GoStudent, its licensors and service providers, and its and their respective directors, officers, employees, and agents completely harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Tutor Contracts, the User’s violation of these T&Cs or use of the Platform.
RIGHT OF REVOCATION FOR USERS (TUTOR CONTRACT)
12.1. In the event that a User concludes a Tutor Contract via the Platform with a Tutor who is a sole proprietor, the User shall have the following right of revocation against the Tutor.
12.2. The User has the right to terminate the contract without stating the reasons.
12.3. The revocation period is 14 days from the day the contract was concluded.
12.4. In order to exercise the right of revocation, the User must announce the revocation of the contract by means of a clear declaration. For this purpose, the User may download, fill out and submit the sample revocation form or send another unambiguous declaration by e-mail to [email protected] or by mail to Ernst-Melchior-Gasse 20, 6th floor, 1020 Vienna (the processing of the revocation is particularly quick if the User uses the form or sends an e-mail). If the User makes use of this option, GoStudent will immediately send the User a confirmation of receipt of such revocation.
12.5. In order to comply with the revocation period, it is sufficient for the User to send notification of the exercise of the right of revocation before the end of the revocation period.
12.6. Consequences of revocation: If the User revokes the Tutor Contract, all payments made for the purchase of credits for video lessons must be repaid to the User immediately and at the latest within fourteen days of the day on which the notification of revocation of the contract was received. For this repayment, the same means of payment shall be used as the one used for the original purchase of credit.
12.7. Exception to the right of revocation: The right of revocation no longer applies as soon as the first paid Tutor session takes place within the 14-day period. It does not apply regardless of whether the User has actually made use of the unit or has not appeared.
12.8. After expiry of the 14-day revocation period from the day the contract was concluded, the User can no longer terminate the Tutor Contract and cannot reclaim the amount paid for the purchase of credits. The right to an extraordinary revocation of the Tutor Contract remains unaffected. In the event of such extraordinary revocation, the User may reclaim the amount paid for the acquisition of (unused) credit.
13.1. The contractual relationship between GoStudent and the respective User regarding the use of the Platform begins with the User successfully registering on the Platform. Both the User and GoStudent are entitled to terminate this contractual relationship (with regard to the use of the Platform) at any time with immediate effect, in which case the registration as a User must be deleted. This does not apply to the concluded ongoing Tutor Contract, the processing of which is in any case still to be facilitated by GoStudent. The Tutor Contract can only be terminated extraordinarily under official proof of the following reasons: - in case of severe, persistent illness of the User, which makes the participation in the units unreasonable. - in case of at least 3 months of unemployment and the consequential loss of earnings (provided that employment was in place upon initial contract completion). - in case of relocation abroad with such a large time difference that participation in the units is unreasonable. - if no substitute teacher can be found within a reasonable time frame according to point 9.3.
APPLICABLE LAW, PLACE OF JURISDICTION
14.1. Unless prohibited by applicable laws, these T&Cs and all further agreements with GoStudent are exclusively subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the reference norms of international private law. This choice of law only applies insofar as it does not deprive a User of the protection afforded by the mandatory provisions of the law of the state in which they have their habitual residence.
14.2. Unless prohibited by applicable laws, the competent court in Vienna is responsible for all legal actions brought against GoStudent by a User due to disputes arising from the contractual relationship. This does not affect the User’s right to sue at any other legal place of jurisdiction. For all legal actions brought against a User who has their residence, usual place of abode or place of employment in Austria for disputes arising from the contractual relationship, one of the courts in whose district the User has their residence, usual place of abode or place of employment shall be competent. For Users who were not resident in Austria at the time of the contract was concluded, the statutory places of jurisdiction shall apply.
15.1. In case of contradictions between these T&Cs and deviating written agreements between a User and GoStudent, the provisions of the deviating agreements shall take precedence over these T&Cs.
15.2. Should individual provisions of these T&Cs be or become invalid, this shall not affect the remaining content of the T&Cs. The invalid provision shall be replaced by a provision that is legally valid and comes closest to the User’s and GoStudent’s economic purpose.
15.3. A “third party” within the meaning of these T&Cs is any natural or legal person who is different from the person registered as a User and from GoStudent, even if legal and/or economic relationships should exist with such a person.
15.4. Unless otherwise stipulated in these T&Cs, neither a User nor GoStudent may transfer or assign the provisions and rights from these T&Cs to third parties without the written consent of the other party.
15.5. The parties hereto have expressly requested that these T&Cs and any documents related thereto be drafted in English. Les parties aux présentes ont expressément requis que la présente convention et tous les documents y afférant soient rédigés en langue anglaise.