Terms and conditions
Last update 08.11.2021
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 registered as Users (hereinafter referred to as “User”). These T&Cs are a legally binding agreement between GoStudent and each User, and they govern the rights and obligations of Users when visiting the Platform and when using the functions and services offered through it. By accepting these T&Cs or using the Platform, User is bound by the terms of these T&Cs.
1.3. These T&Cs shall apply exclusively to the use of the Platform as a User. Any deviating, conflicting or supplementary T&Cs shall not form part of the business relationship between the User and GoStudent, even if they have not been expressly contradicted. Deviating, conflicting or supplementary T&Cs shall only be binding if GoStudent has agreed to them in writing.
1.4. 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. Persons registered as tutors (hereinafter referred to as “Tutor”) can arrange online video lessons (hereinafter referred to as “video lessons”) via the Platform. Tutors are subject to separate terms and conditions.
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 shall be consummated directly between the User and the Tutor.
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 authorized to accept payments in the name and on account of Tutors. However, GoStudent itself does not become a party to the tutor contracts consummated between Users and Tutors.
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 will be required to accept 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 and Tutors must be at least 18 years old. If a User or Tutor has not yet reached the respective minimum age, 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 consummated between a User and a Tutor in accordance with the relevant provisions of these T&Cs.
4.2. Users can consummate 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.
4.3. For the duration of the contract period set forth in the User’s email confirmation (“Contract Period”), the User will be credited monthly (on the respective recharge date) with the number of sessions specified in the confirmation email concerning the User purchase, and the corresponding sum will be debited automatically. The recharge date corresponds to the calendar day on which the contract was consummated (e.g. if a contract was consummated on 3.20.2021, 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 suspend the contract for one month at a time (starting with the recharge date). The duration of the suspension 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 suspension of one month is possible. In the case of 18- or 24-month packages, a suspension is possible on two occasions and in the case of a 36-month Contract Period, suspension 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 consummate a tutor contract as well as to purchase the credit balance required for this and thus an offer to consummate 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. GoStudent has merchant accounts with external payment service providers (e.g. Stripe, PayPal, Visa, MasterCard). The User transfers the payments to the merchant account of GoStudent with the respective payment service provider. The User thereby acquires credit for the use of video lessons with the respective Tutor via the Platform.
VIDEO LESSONS, AUTOMATIC EXTENSION
5.1. Tutor contracts can be consummated (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. GoStudent reserves the right to change prices at any time. Such changes only apply to units/packages purchased after such a change.
5.3. 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. 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 official cancellation form 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).
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 of sessions purchased, it will also be deducted from the User’s account. For example, if User purchases 6 months of sessions with 4 sessions in each month, User must use 4 sessions per month and the sessions may not be carried over into the next month.
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 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 confidential the access data provided by GoStudent. The User is responsible for all activities on or in connection with their user account.
6.4. The User undertakes to notify GoStudent immediately if there is any suspicion of unauthorized use of their user account. If there is suspicion of unauthorized use of a user account or if a User violates applicable legal regulations or these T&Cs, GoStudent reserves the right to suspend 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 as independent contractors when holding video lessons. They are also not authorized 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 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 GoStudent retains all right, title and interest in the same.
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;
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.
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.
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 GOSTUDENT HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. GOSTUDENT DOES NOT WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE PLATFORM.
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 facilitate resolution between the User and Tutor, but is not obligated to do so. 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).
10.1. GOSTUDENT AND ITS MEMBERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR SPECIAL DAMAGES OF ANY NATURE ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT OR (II) ANY DIRECT DAMAGES IN EXCESS OF THE FEES PAID BY THE USER IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10.2. 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.
10.3. GoStudent shall not be liable for the content provided by Users or Tutors on the Platform or the content of 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 carefully 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 indemnify and hold GoStudent completely harmless if GoStudent is held liable by Tutors for claims arising from tutor contracts or by other Users, Tutors or third parties for civil or criminal, judicial or extrajudicial claims arising from the content posted by the User on the Platform. The indemnification also includes penalties, damages and all costs of legal defense.
12.1. All notices to GoStudent shall be made as follows to e-mail to [email protected] or by mail to: GoStudent, 1 University Ave, Toronto, ON M5J 2P1, Canada.
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 consummated 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 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 Tutor can be found within a reasonable time frame according to point 9.3.
APPLICABLE LAW, PLACE OF JURISDICTION
14.1. The validity, interpretation and performance of, and any dispute arising under, these T&Cs shall be governed by the laws of the State of Delaware without reference to the choice of law provisions of any jurisdiction. Each of GoStudent and User hereby (i) agrees that any legal proceeding arising out of or relating to these T&Cs shall be instituted in the courts located in Wilmington, DE; and (ii) consents to the personal and exclusive jurisdiction of such courts.
14.2. Any controversy or claim arising out of or relating to these T&Cs shall be settled by arbitration in accordance with the Rules of the American Arbitration Association in effect at the time such arbitration is instituted. Unless the parties to the arbitration shall otherwise agree, arbitration shall be decided within 45 days of commencement. Unless all parties otherwise agree to a different place of arbitration, the place of arbitration shall be Wilmington, DE. Each party retains the right to seek judicial assistance (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration; (iii) to seek injunctive relief in the courts of any competent jurisdiction as may be necessary or appropriate; and (iv) to enforce any decision of the arbitrator, including the final award. The arbitration award shall be final and binding upon the parties thereto and may be entered in any court having jurisdiction. Each party shall bear its own expenses in connection with such arbitration, and one-half of the fees and expenses of the American Arbitration Association and all arbitrators unless any arbitration award shall otherwise provide.
15.1. In case of conflict between these T&Cs and conflicting written agreements between a User and GoStudent, the provisions of the conflicting 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 binding 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.