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1.1 The Ayuca Platform is an online tutoring platform that enables registered users (“Members” or “Users”) and certain third parties who offer services (Members and third parties who offer services are “Tutors” and the services they offer are “Tutoring Services” or “Lessons” or “the lessons”) to publish such Tutoring Services on the Ayuca Platform (“Course Listings”) and to communicate and transact directly with Members that are seeking to book such Tutoring Services (Members using Tutoring Services are “Learners”).
1.2 If you choose to use the Ayuca Platform as a Tutor, your relationship with Ayuca Group is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Ayuca for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Ayuca Group.
1.3 Ayuca Group is the provider of the Ayuca Platform, Ayuca does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Tutoring Services or Course Listings. Tutors alone are responsible for their Tutoring Services and Course Listings. When the Ayuca users make or accept a booking, they are entering into a contract directly with each other. Ayuca is not and does not become a party to or other participant in any contractual relationship between the Tutors and the Learners. Ayuca is not acting as an agent in any capacity for any Member.
1.4 The Ayuca platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Ayuca is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Ayuca of such Third-Party Services.
1.5 In order to promote the Ayuca Platform and to increase the exposure of Listings to potential Learners, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Ayuca cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. The Ayuca Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
2.1 You must register an account ("Ayuca Account") to access and use certain features of the Ayuca Platform, such as publishing or booking Lessons. If you are registering an Ayuca Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
2.2 You can create an Ayuca Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account").
2.3 You must provide accurate, current and complete information during the registration process and keep your Ayuca Account and public Ayuca Account profile page information up-to-date at all times.
2.4 You may not register more than one (1) Ayuca Account. You may not assign or otherwise transfer your Ayuca Account to another party.
2.5 You are responsible for maintaining the confidentiality and security of your Ayuca Account credentials and may not disclose your credentials to any third party. You must immediately notify Ayuca if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Ayuca Account. You are liable for any and all activities conducted through your Ayuca Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
2.6 Ayuca does not endorse any Member, Course or Tutoring Service. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Ayuca about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable.
3.1 When you place bookings for lessons through our Service, an email thanking you for your bookings and confirming them (“the bookings”) has been received and automatically accepted by the Tutor (the "Confirmation Email") will be sent to you by us on behalf of the Tutor. Please ensure that you have given us a correct email address and phone number as this is how we will communicate with you about your Bookings.
3.2 Bookings of lessons are automatically accepted and it is up to the Tutor to provide reasonable timings for the lessons. Ayuca will accept requests from Tutors to postpones the lessons for understandable reasons.
3.3 Tutors will immediately receive an email and sms notification after a booking is made for one of their course.
3.4 You must provide an accurate address and telephone number to ensure that the Tutor arrive at the correct location if Learner location was selected. If you do not open the door, within 20 minutes to the appropriate member, we reserve the right to charge you entirely the lesson price to Learners. Ayuca seeks to provide a quality service and will be the first contact in an event in there is a problem with your Tutor. We do monitor our Ayuca Tutors Partners very closely and it is of utmost importance to us that they comply with our standards and help us to maintain a very good reputation. Please let us know if you have any comments relating to our Ayuca Tutors Partners by emailing, we will make our best to reply in a short time.
4.1 All Courses are subject to check status before being visible on the platform, this may take up to 24 hours. Ayuca provides a large range of different course categories and subjects. You may not find yours (“the demanded course”), please make sure to email us and we will try our best to find the right Tutor.
4.2 When listing a Course through the Ayuca Platform Tutors must (i) provide complete and accurate information about the course (such as course description, location, and calendar availability), (ii) disclose any deficiencies, requirements that apply (such as any minimum age, proficiency or Education level) and (iii) provide any other pertinent information requested by the Ayuca Platform. Tutors are responsible for keeping their Listing and Contact information (including calendar availability) up-to-date at all times.
4.3 Tutors are solely responsible for setting a price (including any Taxes if applicable) for the Listing (“Listing Fee”). Once a Learner requests a booking of your course, you may not request that the Learner pays a higher price than in the booking request.
4.4 Pictures, animations or videos (collectively, "Images") used in your Course Listings must accurately reflect the quality and condition of your Tutoring Services.
4.5 The placement and ranking of Course Listings in search results on the Ayuca Platform may vary and depend on a variety of factors, such as, distance from the Learner, Learners search parameters and preferences, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings.
4.6 Any terms and conditions included in your Listing must not conflict with these Terms.
Ayuca welcomes and encourages members to provide feedback, comments and suggestions for improvements to the Ayuca Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contacts” section of the Ayuca website, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant Ayuca a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
6.1 Learners can cancel a booking on the “reservation” page. Ayuca and the Tutor may cancel any booking and will inform you of any change. You will not be charged for any bookings cancelled at least 24 hours before the next lesson starting time. All cancellations made by learners less than 24 hours prior the next lesson starting time will be charged the entire lesson price. Ayuca will reserve the right to decrease the learner grading score after cancellations have been made less than 24 hours before the next lesson starting time and more than three times.
6.2 If a Tutor cancels a lessons or more, the learner will be notified by email and SMS. If a learner cancels a lesson or more, Tutor will be notified by the same means of communication.
6.3 If a Tutor cancels a confirmed booking, Ayuca will provide the Learner a full refund of the total lesson rate by crediting the “Ayuca Credit” less Ayuca’s platform fees. In some instances, Ayuca may allow the Learner to apply the refund to a new booking, in which case Ayuca will credit the amount against the Learner’s subsequent booking at the Learner’s direction. Ayuca Platform fees will apply.
6.4 All Cancellations that have been made outside the Ayuca platform may result in charges still being made to a Learner’s account.
6.5 Any cancellation made after the last lesson starting time cannot be done.
6.6 Missed Lessons
6.6.1 A “Missed Lesson” is a claim made by a Learner that they have not received a lesson booked on the Ayuca platform.
6.6.2 A Learner must inform Ayuca of a Missed Lesson by email only within 48 hours of the scheduled finish time of a Lesson, to be entitled to a refund.
6.6.3 To contest a Missed Lesson claim, Tutors must inform us by disputing the Refund Request through the Website within 48 hours of being informed of the claim.
6.6.4 If the Tutor agrees that there has been a Missed Lesson, or fails to contest a claim raised by the Learner within 48 hours of the scheduled finish time of the Lesson, Ayuca will process a full refund for the fee of the Missed Lesson.
6.6.5 If a Tutor contests a Missed Lesson claim within 48 hours of being informed, Ayuca will seek to resolve the claim with both the Learner and Tutor within 7 days, and has the right to withhold payment to the Tutor for up to 7 days to do so.
7.1 The price of any course lesson will be listed on our Service plus an additional platform fee. Prices will vary from a Tutor to another, from a level to another.
7.2 Prices are liable to change at any time, but changes will not affect bookings in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your booking once we notify you. Despite our best efforts, some of the Courses listed on our Service may be incorrectly priced. The relevant Tutor will normally verify prices as part of the booking process.
7.3 Learners and Tutors agree that Ayuca will take a platform fee of between 12-17% inclusive in the price per lesson. The specific rate will be set based on the number of lessons provided. Ayuca keeps the right to change this fee but will not apply the new fee to lessons already booked.
7.4 Ayuca offers two different payments methods. Paypal and Credit and/or Debit Cards for full immediate payment.
7.5 Payment is made directly to Ayuca Group and is subsequently passed on by Ayuca Group to the Tutors. We are authorized by the Tutors to accept payment on their behalf and payment of the price of any Course lesson to us will discharge your obligations to pay such price to the Tutors.
7.6 For certain bookings (such as for lessons Bookings of thirty days (30) or more), Ayuca may offer to Learners a payment alternative such as payment on installment (“payment on installment”). Any additional fees for using offered payment options will be displayed via the Ayuca Website and included in the Total Fees, and you agree to pay such fees by selecting the payment option. More information on Payment on Installment (including the amount and the frequency of payments) will be made available via the Ayuca Platform if applicable to a booking. You have the obligation to ensure that your credit card do have enough fund at the date of the expected payment. All cancellations policies described in the “Cancellations” chapter will apply.
7.7 If Payment on installment applies to a confirmed booking, then the Learner authorizes Ayuca to collect the Total Fees from the credit card provided, and the Tutors agrees that Ayuca will initiate Payouts, in the increments and at the frequency agreed to and identified via the Ayuca Platform.
7.8 You may stop the payment on installment by notifying Ayuca in writing at least three (3) business days before the scheduled date of the payment. Ayuca is not obligated to honor your request to stop any future payment on installment.
7.9 Payment processing services for Learners on Ayuca are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Learner on Ayuca, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Ayuca enabling payment processing services through Stripe, you agree to provide Ayuca accurate and complete information about you and your business, and you authorize Ayuca to share it and transaction information related to your use of the payment processing services provided by Stripe.
7.10 Learners will be charged in full, provided the Tutor attended the Lesson for at least 15 minutes. No charge will be made to the Learners if Tutors don’t attend for at least 15 minutes and, therefore, give Learners sufficient opportunity to attend.
8.1 To speak generally, Ayuca will collect the Total Amount for all the Tutoring Services offered by a Tutor (Total Amount being the Amount paid by the Learner for Tutoring Services).
8.2 Ayuca will provide Tutors payouts every week for the previous week performances less Ayuca Commission Rate.
8.3 Tutors are asked to have valid and up-to-date personal and billing information in order to receive payouts.
8.4 Tutors will receive payouts in the currency of their country of residence.
8.5 In case of a cancellation of a confirmed booking where fees are applied, Tutors will receive a portion of the Total Amount from Ayuca.
9.1 Within a certain time frame after completing a booking, Learners and Tutors can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Ayuca.
9.2 Ratings and Reviews by Learners and Tutors must be fair, truthful and factual and may not contain any offensive or defamatory language.
9.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
10.1 Users will use the Ayuca Platform and Services in an ethical and legal manner.
10.2 Users are responsible for their own security in conjunction with our services, both online and offline.
10.3 Users are responsible for protecting their own personal identification number, authentication token, and/or password. Users are asked to immediately contact Ayuca. Users will be responsible for the actions of any reciprocal actions conducted in their name until they have informed Ayuca that they believe their password has been compromised.
10.3 Learner Responsibilities
10.3.1 Learners have to be at least 18 years old to book a lesson with a Tutor for themselves. The learners of less than 18 years old must be represented by a parent or a legal guardian who allows them to receive lessons. Ayuca is not responsible for litigations concerning parental consent.
10.3.2 Learner must make sure that all the personal details and contact information provided on the platform are accurate and up-to-date.
10.3.3 When a Booking is confirmed, Learners enter directly into a contract with the Tutor for the provision of Lessons and Ayuca accepts no liability in relation to the Tutor’s provision of lessons.
10.4 Tutor Responsibilities
10.4.1 Tutors have to be at least 18 years old to offer Tutoring Services on the Ayuca Platform. Tutors are not employers of Ayuca Group LTD and are solely responsible for their own actions on and off the ayuca websites and applications.
10.4.2 Tutors agrees to automatically accept any booking made by learners. On Ayuca, Tutors can cancel a reservation but if a Tutors does not cancel any lesson booked by a learner on the platform, then the booking is automatically accepted.
10.4.3 Tutors that have selected a public space to offer the tutoring services must ensure that the environment is suitable and safe for the lessons and learners.
10.4.4 Tutors are responsible for ensuring that the information provided on a course description are accurate, up-to-date and not misleading.
10.4.5 Tutors agree not to solicit learners or take any action to disintermediate Ayuca in any way after the first booking is made by a learner.
To the extent permitted by law, Ayuca provides our service and content on an "as-is" and "as-available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or the availability of our service, or that it will be timely or error free or that defects will be corrected. Except as provided below, neither Ayuca nor any of the Guardian Partners Ayuca has any liability to you for any direct, indirect, special or consequential loss or damage arising out of any contract, tort (including negligence). or any other reason arising out of your use or your inability to use our service. In the event that Ayuca or the guardian partner is found liable to you, our total overall liability is limited to the purchase price of the course price you paid. This does not include or limit in any way Ayuca, or any Ayuca tutors liability partners for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its responsibility, including liability for death or personal injury caused by negligence or fraud or fraudulent misrepresentation.
No party shall be liable to the other for any delay or nonperformance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised agreement, if you continue to use our Website or the Services following the effective date shown.
For any additional questions, you can contact us by email at email@example.com.