Please read these Terms before using the Site. By using the Site, you hereby represent and warrant that you understand, agree to and accept all the terms and conditions set forth in these Terms whether or not you register with the Site.
These Terms are subject to change by Synkers at any time. Only most important changes to these Terms will be notified to you by email, to the email address you register in your account. Non-material changes or any other minor changes may be notified by placing a notice on the Site, or by solely posting the amended terms on the Site. In any case, you should periodically check the Site for updates. Most important changes will be effective 15 (fifteen) days after their notification, whereas non-material and minor changes will be effective immediately upon their occurrence. By continuing to use the Site after the effective date of any changes, you will be accepting such changes.
The Site provided by Synkers is intended to help users seeking tutoring services (“Students”) to find and connect with users seeking to provide tutoring services (“Tutors”), hereafter individually and collectively referred to as “you”, “You” or “Users”.
The Site connects simultaneously Students seeking help in a specific course to qualified Tutors, in order to find and locate each other to schedule a tutoring session. It allows high school and university students to find, book and coordinate with a qualified tutor (the “Services”).
Synkers registers only the best Tutors among the candidates, as per their knowledge and competence in the field they are willing to tutor, inquiring their education background and skills, in particular their credentials, academic education, experience and personality.
Nevertheless, Tutors are freelancers working on their own behalf, hired by Students, and they control all aspects of the tutoring including, but not limited to, methods and materials. Synkers does not employ any Tutors, and does not have any control over the quality, timing or legality of the services actually delivered by Tutors, nor of the integrity, responsibility or actions of Students. Synkers does not refer or recommend either Students or Tutors nor does Synkers make any representations about the suitability, reliability, timeliness and accuracy of the services provided by Tutors or the integrity, responsibility or actions of Students. Synkers does not assume any responsibility for the accuracy or reliability of any information provided by Students or Tutors on or off the Site.
All tutoring sessions should take place in a safe and/or public environment, and be supervised by a responsible and trustful adult.
Students will remain responsible for selecting the appropriate Tutors for their specific tutoring needs. Students should review the Tutors registered profile on the Site, including their ratings by other Students, to make their hiring decisions. You understand and agree to make you own decisions and assessments about who you should hire and that it is your sole responsibility to conduct any and all background inquiries and reference checks with respect to other Users.
Synkers expressly disclaims, and you expressly release Synkers from any and all liability whatsoever for any claims, suits, damages and/or disputes arising out or in relation with any inaccuracy, untimeliness or incompleteness regarding Users’ misstatements or misrepresentations on the Site.
To be eligible to use the Site and Services, Users must meet the following requirements:
By registering with the Site and/or using the Site or the Services, you represent and warrant that you are eligible to use the Site and Services, that you have the right and capacity to enter into the Terms, and that you undertake to abide by all these Terms.
If you are under eighteen (18) years old and would like to participate in Synkers as a Student (an “Underage Participant”), you may ask your parent or legal guardian to register on your behalf to use the Site and Service (a “Parent Registered User”). By registering as a Parent Registered User, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety on behalf of yourself and your Underage Participant whether or not you use the Site or Services. You further understand and agree that you will ensure your Underage Participant’s compliance with these Terms and that you are responsible for any noncompliance by your Underage Participant.
If you are a Parent Registered User, you also agree that you are responsible for monitoring the account of your Underage Participant as well as your Underage Participant’s activities both on and off the Site, including monitoring who your Underage Participant communicates with and meets both on and off the Site and from whom he or she agrees to receive tutoring services.
3. Your Conduct and Obligations
3.1 General Obligations
You undertake and agree to use the Site and/or the Services only for purpose that are consistent with the academic honesty policy of your school, university or academic institution, and/or with all and any conduct policies they may have.
You may only use the Site and/or Services to find tutoring services or tutoring sessions for yourself. You may not assign or otherwise transfer your account to any other person or entity.
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and Services. You represent and warrant to Synkers that you have the right and authority to provide all information you provide about yourself. You agree, represent and warrant to Synkers that you have the right, and hereby grant to Synkers, its licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute all and any information and content you provide, and to prepare derivative works of, or incorporate into other works, such information and content.
Synkers does not guarantee the accuracy, completeness or usefulness of any information on the Site nor is Synkers responsible for any claims relating to inaccurate, untimely or incomplete information provided by Users.
By using the Site or Services, you agree that you shall never, in any way:
Synkers reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services if you violate any terms stated herein. Furthermore, Synkers reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site, as a preventive protection measure or in reaction to a threat.
3.2 Tax Obligations
Tutors expressly undertake to comply with all of their tax obligations and make all tax filings and declarations required under applicable laws, including, without limitation, make all such filings and declarations, and pay all taxes, in connection with their fees and tutoring activities. Synkers expressly disclaims any liability whatsoever in this regard, and Tutors represent, understand and expressly agree to hold Synkers harmless for any claim arising out of or in connection with such filings, declarations and taxes.
4. Termination of Registration
Synkers reserves the right to suspend and/or terminate your access to all or part of the Site, to remove your profile from the Site, and/or to terminate your registration in Synkers, with or without notice, at any time and at its sole discretion.
In such case of termination or suspension, you agree not to make any further use of the Site and/or Services after termination or during suspension.
5.1 Information Collected
Synkers collects personally identifiable information when you use the Site or the Services. This personally identifiable information may be used:
If you use the Site and Services as a Tutor, Synkers will also collect your name, credit card number, expiration date and address information in connection with your account.
Synkers will not disclose or sell your personally identifiable information without your consent. Nevertheless, third parties who provide technical support to Synkers may need to access to such information, but they are not permitted to disclose such information.
Synkers also collect information that is not personally identifiable information (type of browser, access time, pages viewed, IP address, operating system, etc.). Synkers may edit and publish statistics made from this information, or share them with third parties, without including any personally identifiable information.
Synkers may also gather information from other sources in order to combine it with information collected through the Site and Services.
Synkers reserves the right to release non-personally identifiable information collected in aggregate.
5.2 Data Transmission and Storage
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Synkers cannot guarantee the security of the collected information, including personally identifiable information. By using the Site and/or the Services, you acknowledge and agree that Synkers makes no guarantee with respect to such security, and that you shall use the Site and Services at your own risk.
6. Advertisement and Promotional Links To Third Party Sites
Users may find on the Site advertisement and/or links to external sites for advertisement or promotion purposes.
You acknowledge and agree that:
7.1 Payments From Students to Tutors – Cancellation Policy
Synkers is not a party to any agreement between Students and Tutors.
All payments agreed between Students and Tutors shall occur between them.
Any issue with respect to such payments must be resolved directly by the Students and the Tutors.
Synkers is not responsible and disclaims all liability with respect to such payments.
Students hereby undertake and agree to never refuse to pay a Tutor upon completion of a satisfactory tutoring session that they have booked.
Students who intend to cancel a session that they have booked with a Tutor shall send a cancellation notice to the Tutor involved at least two hours before the beginning of the session
If Students do not cancel a booked session prior to the above deadlines, they shall be liable for the payment of a USD 15 (fifteen US Dollars) penalty fee. This penalty fee shall be split as follows:
- USD 10 (ten US Dollars) to the Tutor, and
- USD 5 (five US Dollars) to Synkers.
7.2 Online payment platform
Synkers makes available to Students and Tutors a secure online payment platform provided by BLOM BANK SAL (the “Payment Platform”).
Synkers will provide Tutors who request it with a BLOM Bank prepaid Visa card, in order to allow them to use the Payment Platform. Such Tutors will be informed 48 (forty eight) hours ahead of time of the availability of their Visa card, which can be retrieved from an official Synkers representative on their Campus. Tutors who have an account at BLOM Bank SAL will be able to use it by providing Synkers with the corresponding IBAN.
Students shall have the choice between paying their Tutor directly in cash or by credit card through the Payment Platform.
Students will be charged a 12 % (twelve per cent) booking fee per tutoring session (the “Booking Fee”). Accordingly, Tutors’ hourly rates shall be increased by 12 % (twelve per cent), and such final rates shall be rounded up to the nearest integer. The Booking Fee shall be paid to Synkers as follows:
- in case a Student chooses to pay its Tutor through the Payment Platform, such Tutor will have his BLOM Bank Visa card (or BLOM Bank account, as the case may be) credited with the amount Synkers owes him, on Friday of each week;
- in case a Student chooses to pay its Tutor directly in cash, such Tutor will have his BLOM Bank Visa card (or BLOM bank account, as the case may be) debited with the amount he owes Synkers, on Friday of each week. In case such Tutor does not have sufficient funds credited on his BLOM bank Visa card (or BLOM bank account, as the case may be), his account will be deactivated by Synkers until sufficient funds are deposited on his BLOM Bank Visa card (or BLOM bank account, as the case may be).
The Payment Platform is provided by BLOM Bank SAL. Synkers only makes it available to Students and Tutors. The Payment Platform may be discontinued or terminated in the event BLOM Bank SAL discontinues or terminates such Payment Platform.
Accordingly, Synkers is not responsible and disclaims all liability with respect to the availability of the Payment Platform as well as with any and all payments made through the Payment Platform. Synkers shall only act as limited payment collection agent for Tutors.
Each Tutor hereby appoints Synkers as the Tutor’s limited payment collection agent solely for the purpose of accepting the Tutor’s fees from Students. In accepting appointment as the limited payment collection agent of the Tutors, Synkers assumes no liability for any acts or omissions of the Tutors and/or the Students.
7.3 Satisfaction Guarantee for Students
Tutors shall provide the Students with a 100 % cash back satisfaction guarantee with respect to the quality of the tutoring session.
Tutors shall wave their fees should the Students require it in the event Students are not satisfied with a tutoring session and there are objective reasons to justify it, including, but not limited to:
Notwithstanding the provisions of section 7.1 hereof, Synkers may be consulted for its non-binding opinion in case of disagreement between Students and Tutors about the refunding of tutoring session fees. Synkers will have 48 (forty eight) hours to investigate the case before giving such opinion.
7.4 Free Trial Offers
Synkers may offer limited-time free trial subscriptions to Users from time-to-time.
After the expiration of the free trial period, Tutors will be charged the subscription fee to the Services as provided in section 7.2 hereof.
8. Release of Liability for Disputes Between Students and Tutors
Any issues arising out of or in connection with the conduct of Students or Tutors must be resolved directly by the Students and the Tutors.
Synkers expressly disclaims any liability whatsoever for any claims, demands or damages arising out of or in connection with such issues.
You represent, understand, and expressly agree to hold Synkers harmless for any claim arising out of or in connection with any disputes between Users of the Site.
9. Disclaimer of Warranties
Use of the Site and Services are at your sole risk.
Synkers makes no representation or warranties of any kind whether express or implied with respect to the suitability or quality of any Users to provide services as a tutor.
All information, content, services and materials contained on the Site (the “Information”) are provided on an “as is”, “as available” and “with all faults” basis.
To the maximum extent permitted by law, Synkers:
You shall assume all risks for any damage to your computer system, including, but not limited to, loss of data, resulting from obtaining any Information from the Site and/or computer viruses.
10. Limitation of Liability
The Site and Services merely offer a meeting platform for Students seeking Tutors.
You understand and agree that Synkers has no control over the performance or conduct of Users, whether online or offline, and that Synkers makes no representations or warranties about the accuracy, suitability and/or quality of the statements made by Users and services provided by Users. Synkers expressly disclaims, and each and all Users expressly release Synkers from, any and all liability for any dispute, claims, lawsuits, damages, losses or injuries whatsoever arising out of or in connection with the Site and/or Services.
Synkers shall not be involved in any transaction between Users, which are in any case made directly between them, nor shall Synkers be responsible for any consequence whatsoever of any kind resulting from interactions between Users.
To the fullest extent permitted by law, in no event will Synkers be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages, losses or expenses arising out of or in connection with the Site and/or Services, including, but not limited to, damages arising out of and/or related to the use or inability to use the Site and/or Services, any information or services received from or through the Site and/or Services, removal of content from the Site (including profile information), conduct of any third party on the Site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system failure.
These limitations shall apply even if Synkers has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence).
Under no circumstances shall Synkers’ aggregate liability to you, in any form of action whatsoever in connection with this Agreement or the use of the Site and/or Services, exceed the amount paid by you to Synkers or, if you have not paid Synkers for the use of any Services, the amount of $150 (one hundred and fifty USD).
You acknowledge and agree that the warranty disclaimers and limitations of liability provided in these Terms are material, fair and reasonable, and that they have been taken into account in the decision by each party to enter into this Agreement.
11. Assumption of Risk
You agree and understand that you assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with Users. You agree to take all necessary precautions when interacting with Users or other site visitors.
By agreeing to these Terms, Users agree to indemnify, defend and hold harmless Synkers and its shareholders, officers, agents, licensors, suppliers, other partners, employees and representatives from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs (including but not limited to court costs) incurred by Synkers in connection with any claim by a third party (including an intellectual property claim) arising out of:
Users further agree that they will cooperate as reasonably required in the defense of such claims.
Synkers reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Synkers.
13. Copyright Notices
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site by contacting Synkers.
Synkers will investigate your request and determine, at its sole discretion, whether to address your request.
14. Governing Law and Jurisdiction
These Terms, and any dispute between you and Synkers, shall be governed by the laws of Lebanon without regard to principles of conflicts of law. Unless you and Synkers agree otherwise, in the event that the arbitration agreement provided in section 15 below is found not to apply to you or to a particular claim or dispute for any reason, you agree that any claim or dispute that has arisen or may arise between you and Synkers must be resolved exclusively by Lebanese courts.
By using the Site or the Services, you hereby agree and accept that all disputes arising out of or in connection with these Terms shall be submitted to mediation in accordance with the mediation rules of the Centre Professionnel de Médiation of Saint Joseph Unsiversity (Beirut, Lebanon) to which the parties hereby adhere. The Centre Professionnel de Médiation will propose to the parties, for their approval, one or more mediators from the list maintained by such center. The place of the mediation shall be Lebanon. Should the mediation fail, such dispute shall, at the request of any party hereto, be finally settled under the Rules of Conciliation and Arbitration of the Beirut Chamber of Commerce and Industry by one or more arbitrators appointed in accordance with the said Rules. The place of the Arbitration shall be Beirut (Lebanon). The language of the arbitration shall be English. The arbitration award shall be final and binding upon the Parties.
No failure or delay of any party to exercise any right or power given under this agreement shall constitute a waiver of the party’s right or power.
The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified.
Last updated on October 10, 2017