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INFORMATION PRELIMINARIES

Tutoringonvideo.ch  (hereinafter TOV) of Leone Consulting, registered office in via Industria 8, 6963 Pregassona – CH, invites the user to carefully read this document which provides important information on his rights, remedies and obligations.

The presents General terms and conditions of use (in the sequel, Terms) regulate access and use of the portal www.tutoringonvideo.ch (in the sequel, Portal) and related services by the user; such use implies implicit acceptance of these Terms, which are intended to be read and understood. These Terms do not apply to other websites consulted by accessing them via links on the Portal, even if they relate to the same subject of interest.

 

GENERAL TERMS OF SERVICE

Supply conditions

The Portal allows the provision, in e-learning mode, by TOV, of training services aimed at a wide range of user-subjects. Many services require registration on the Portal by the user who wishes to use them. In particular, registration is required for the purchase and use of video courses. The user who is using the Portal and related services is concluding the relevant supply contract with TOV; the payments you make for these services are provided by TOV; any refunds you receive for such services are processed by TOV.

By using the Portal, you agree to comply with these Terms, which constitute a legally binding agreement with TOV. If the user does not accept these Terms, he has no right to access or use the Portal and related services, nor to obtain the information to which he is entitled based on the Privacy Policy. It is highlighted that failure to comply with these Terms in the use of the Portal and related services may result in civil penalties against the user.

TOV has no control over the conduct of users of the Portal and related services nor over the technical tools owned by users through which they use the services and excludes any liability in this regard to the maximum limits permitted by law.

Importantly, tutoring can only be provided if the client pays for the lesson(s) in advance, whether through a single purchase or a package of hours.

Registration

In order to access certain areas of the Portal or related services, the user must register by creating a account (in the sequel, TOV Account). Once registration is completed, the user will be able to use all TOV services having accepted these Terms.

In the event that the mandatory personal data provided by the user turns out, even upon subsequent checking, to be incorrect, incomplete or non-existent, TOV reserves the right not to activate, suspend or cancel the user's TOV Account in any time and without notice.

Terms of payment

Paid services on the Portal are priced for the time chosen and the package by the user. The cost of a single hour is 49 CHF for middle school, vocational and high school students, while for university students the cost is 55 CHF. Depending on the package chosen, the user may receive free gifts or discounts.

Payment can be made by credit card (the customer will pay the commission relating to the amount to the online payment manager, Stripe) or bank transfer. For the latter, in the order you will find the bank details where to send the payment. The maximum time to pay by bank transfer is 3 days from receipt. There is also the possibility of paying by postal order. For this payment method the maximum payment time is 3 days from receipt.

TOV will take steps to correct any payment processing errors of which it becomes aware. These measures may include crediting or debiting the same payment instrument used by the user for the original transaction, so as to allow you to pay or receive the correct amounts.

With the payment made, the customer, student or legal representative, accepts these conditions explicitly as signature of the contract. It is your duty to read these terms & conditions.

Reimbursement

Refunds, if granted, will take a maximum of 7 days. Each refund will cost CHF 150 due to administrative costs.

Suspension, deactivation and cancellation of the TOV Account

TOV may, in its sole discretion, without liability to you, with or without prior notice and at any time, limit, suspend, deactivate or cancel the TOV Account of any user who is responsible for violating these Terms. This may make it impossible for the user to access, in whole or in part, the Portal or related services; it could also lead to the cancellation of ongoing or confirmed reservations, without the user being entitled to any refund. 

Service Changes

TOV reserves the right, at its discretion, to modify the Portal or related services, including the related fees, or to modify these Terms, at any time and without prior notification. In the event that TOV makes changes to these Terms, these will be made known to the user (registered on the Portal) via the communication system within the Portal. By continuing to access the Portal or related services after the posting of a modification, you indicate that you agree to be bound by the modified Terms. If the changes are deemed unacceptable, the user's only recourse is to cease use of the Portal and related services without further requests to TOV.

TOV SERVICES

Tutoring

General characteristics

The TOV teacher (in the sequel, Professor) is an expert capable of carrying out training activities in one of the subjects for which services provided via the virtual classroom called Tutoring Room (in the sequel, TR). These activities (hereinafter, Tutoring) are provided to the user who requests them through the Portal in the manner specified below, are aimed at achieving his training objectives and may include: the definition of the training objectives and the training plan to achieve them; the provision of theoretical and applied lessons in implementation of the training plan; the development of exercises, tests, questions and other teaching materials useful for improving preparation; periodic verification of training progress; the simulation of written and oral exam tests; the user's orientation towards using the Portal.

In the TR, teacher and user can interact in real time in audio, video, text chat and digital whiteboard. Access to the TR presupposes the booking of tutoring by the user according to the methods specified below.

The Teacher has a personal page on the Portal, from which he organizes his own availability calendar for tutoring, monitors and manages the user's bookings and interacts with the user during and after tutoring.

Importantly, tutoring can only be provided if the client pays for the lesson(s) in advance, whether through a single purchase or a package of hours.

Calendar

The Teacher has a personal digital calendar that allows him to offer users his availability for tutoring, through the application SimplyBook.me Ltd. present in the portal Home. On the calendar each day is divided into time slots (in the sequel, FO); an FO is a half hour starting from minute 00 or minute 30 of every hour between 08:00 and 22:00 of every day except Sunday; it is the minimum time unit that the Teacher can make available to the user for tutoring. The user can consult the public version of the calendar through the application.

 
Reservation notice. TOV prompts the user for a standard notice of at least 24 to book tutoring.
 

Cost of tutoring

The cost per single hour is 49 Fr. (middle school and high school students), however in relation to the chosen package, 5, 10, 15, 20 and 25 hours, it is calculated as the product between 49 CHF/hour and the package chosen hours. The cost per single lesson for a university student is 55 CHF. However, depending on the package chosen, 5, 10, 15, 20 and 25 hours. Prices may fluctuate if the package includes three subjects taught by a single teacher.

Booking tutoring

The user can book tutoring in an FO via the booking system on the page Appointment or Booking in the Portal via the system appointments

If the user receives an invitation from the Teacher to book tutoring in an FO, accepting the invitation within 24 hours. Hours can always be booked. If the customer wants to purchase a single hour, an hour and a half or two hours, he can do so via the portal appointments.

For this type of lesson, the teacher will be able to give lessons only after the customer has made the advance payment for the lesson. If the customer has not made the payment in advance, within 24 hours of the reservation being made, the system will notify the customer that if he wants to take an online lesson he will have to complete the payment. Once the time has passed, if the customer has not yet paid the amount due, the lesson will be canceled and this cancellation will be communicated to the customer.

Cancellation of a reservation

Cancellation by the user.

If the student is an adult, if a minor the legal representative will have to supervise the behavior of the minor, they will undertake to respect the commitment made with the TOV teacher regarding appointments. The student, adult and minor here referred to in general, will be required to show up at the appointment agreed with the teacher via the portal appointments. If he is unable to show up, he must communicate this 24 hours before the lesson via email or simply via the portal appointments.

If an unexpected event occurs within 24 hours of receiving confirmation of the appointment via email, it will be tolerated as such for a maximum of 1 time. If it happens a 2nd time, the student in general will be required to pay the lesson as done. It will not be within his right to request the missed time as not countable in the calculation of the lessons deducted from the package. The cancellation made by the customer in relation to an hourly package implies that the scheduled time will be automatically deducted from the package itself. If the customer wants to reschedule a lesson taken from the package, they will have to communicate the rescheduling by writing or sending a message to the contact details provided.

Cancellation by TOV

The TOV teacher and his representative provide the service in a timely manner and targeted to the student's needs. If, for his part, unexpected events arise that cannot be managed within 24 hours, the teacher will undertake to reschedule the appointment with the student. In this case the student will not miss any lesson time.

Registration of tutoring.

TOV reserves the right to record and store the audio and video traces of the tutoring carried out through the TR, as well as the login and logout to the TR, as well as to save and store the images of the whiteboards produced during the tutoring. By accepting these Terms, the user gives their consent to TOV carrying out the aforementioned recording, saving and storage operations.

Material present in GDrive

By purchasing a package (5, 10, 15, 20, 25 h), the customer has the possibility of sharing the material via the GDrive system with the TOV Online system. The material is always the property of TOV Online. The duration of sharing the folder depends on the duration of the package. The folder will remain active for the duration of the package. If the customer does not purchase a new package before it expires, folder sharing will automatically be deactivated after the last lesson purchased from their package. It is the customer's responsibility and responsibility to save the teaching material in their own personal drive. If the customer does not save the material on some medium and requests to have his/her learning material later without having purchased a new package, the request will only be satisfied if an administrative fee of 50 CHF is paid in advance. 

 

Cancellation, withdrawal by the user from the TOV service

Single lessons

The customer who purchases one or more single lessons must undertake to consume them. Single lessons are not refundable.

TOV packages

The customer has the right to cancel the contract made through the purchase of the package (5,10, 15, 20, 25, or other) within 14 days, if he does so a fee of CHF 175 will be charged. The lessons carried out during the 14 days are non-refundable. The user who for some reason after 14 days wishes to withdraw from the contract will not be able to. If the customer withdraws after 14 days the package will not be refunded. This method applies only if the purchased package does not fit into the category, rich appointments. TOV packages are not transferable to other current or future customers.

If the customer books so-called recurring appointments from the package, occupying multiple time slots, he will not be able to claim the return of the purchased package and therefore cancel it, given that this would cause damage to TOV, which would already see the time slots occupied which could be chosen by other customers. Therefore the customer will be required to either take the lessons or give them up, but without requesting the refund of the amount already paid with the purchase of the package.

Duration of the package issued

The duration of the package issued, therefore invoiced, is valid for 6 months from its issue.

Communications to interested parties

Notifications to the teacher and the user. TOV notifies both the teacher and the user, through the internal communication system of the Portal, of the daily tutoring program; notifications are sent 24 hours in advance.

Activities following the tutoring

Archiving of materials. Teacher archives the materials produced during tutoring in one shared folder with access reserved for them. The same folder can be used to share and archive files useful for tutoring.

Technological requirements

To use the services provided through the TR, the user must have a device connected to the Internet with an effective upload browsing speed of at least 400 Kbit. The service, however, remains generally usable even with slower connections, with possible reductions in the quality of the audio/video connection and/or data transmission on the TR board.

As for usable devices, both desktop and laptop computers are fine. The TR is also accessible from mobile devices (tablets, smartphones) as long as they have an Android operating system. The browsers that can be used are Firefox and Chrome although the service can also work correctly on different browsers.

TOV OBLIGATIONS

TOV ensures the quality of the services offered and their compliance with the legislation in force, both with reference to the contents of the training offer and the technological standards of the digital assets available. TOV is, however, exonerated from any liability relating to direct and/or indirect damages deriving from the use of materials and information contained therein, suffered by those who use the Portal, for - by way of example but not limited to - delays, malfunction, suspensions and/or interruptions in the provision of the service not attributable to the fault or willful misconduct of TOV. However, TOV remains exonerated and does not provide any guarantee in relation to the training contents, which are constantly evolving and changing.

USER OBLIGATIONS

The use of the services is reserved for those registered with the Portal who are provided with the access credentials to the Portal itself and the related services. Paid services are available in the various ways previously explained in detail.

The right of each member is personal and non-transferable. Each user is responsible for maintaining the confidentiality of the access credentials to the Portal. The sale or other commercial use of the services provided by the Portal is prohibited. TOV reserves the right, at its discretion, to change the access credentials or to suspend them, if it deems there is a security problem or unauthorized use of the same. The user endeavors to respect the agreed time using the appointment portal. If this does not happen, and specifically, within 25 min. from the day and time booked, the lesson cannot take place and will not be refundable.

ABSENCE OF RESPONSIBILITY OF TOV

If the user chooses to use the Portal and related services, he does so at his own risk. The Portal and related services are provided "as is" at the time of acceptance of the Terms, without guarantees of any kind, whether express or implicit.

TOV disclaims any guarantee that the Portal and related services as well as the collective contents meet the user's requirements or are available in a continuous, secure and error-free manner. No advice or data, whether oral or written, obtained from TOV or through the Portal or related services or collective content will create any warranty not expressly made in these Terms.

You are solely responsible for all of your communications and interactions with other users and/or tutors of the Portal and related services and with other people with whom you communicate or interact as a result of your use of the Portal and related services. TOV makes no representations or warranties regarding the conduct of users of the Portal and related services or their compatibility with any current or future user of the Portal and related services. The user undertakes to take reasonable precautions in all communications and interactions with other users of the Portal and related services and with other people with whom he communicates or interacts as a result of his use of the Portal and related services, in particular if he decides to meet them offline or in person.

INTELLECTUAL PROPERTY RIGHTS

The Portal and related services as well as the collective contents are protected by copyright, trademarks and other relevant Swiss laws. You acknowledge and agree that the Portal, all its contents as well as related services, including all related intellectual property rights, are the exclusive property of TOV.

The content of the Portal, including but not limited to works, images, photos, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on the Portal in any format, including menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and the software that are part of the Portal are protected by copyright and any other intellectual property rights of TOV. Reproduction, in whole or in part, in any form, of the Portal and its contents is not permitted without the written consent of TOV.

TOV has the exclusive right to authorize or prohibit any reproduction (direct and indirect, temporary or permanent or by any other means or in any form, in whole or in part) of the Portal and its contents.

TOV respects copyright law and expects its users to do the same. It is TOV's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the TOV Account of users who repeatedly infringe or are repeatedly accused of infringing the copyrights or other intellectual property rights of others.

COMPETENT COURT AND DISPUTES

Applicable law and jurisdiction. These Terms will be construed in accordance with Swiss law, without regard to any conflict of law provisions.

Dispute Resolution. TOV agrees that any dispute, claim or controversy arising out of or relating to these Terms or their violation, termination, application, interpretation and validity or the use of the Portal and related services shall be resolved before the competent court.

General clauses. TOV's failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of such right or provision. The waiver of such right or provision will be effective only if made in writing and signed by an appropriately authorized representative of TOV. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.