Student Privacy Policy

Software Terms of Use Agreement

 

This Terms of Use Agreement (“Terms of Use” or this “Agreement”) sets forth the legally binding terms between Darss Technologies Inc. A Canada Corporation (“Darss Technologies Inc.”) and the End User, whether such end User is a visitor (“Visitor”), or the End User has used (“Member”) the Darss Technologies Inc. websites, web-based applications and other services (“Services”). By engaging Darss Technologies Inc.’s Services, Visitor and Member (collectively, “User”) agree to be bound by this Agreement. This Agreement includes Darss Technologies Inc.’s (i) Privacy Policy, and (ii) Terms of Use governing use of the Services.

 

•    WHEREAS Darss Technologies Inc. Technologies Inc. provides Services for connecting a User seeking tutoring services and individuals who seek to offer tutoring services from third-party providers, including third-party tutoring providers under an agreement with Darss Technologies Inc.(collectively, “Tutor” or “Tutors”) in a geographic locale;

 

•    WHEREAS User desires to use Darss Technologies Inc.’s Services for engaging a Tutor in a geographic locale;

 

•    WHEREAS Darss Technologies Inc. requires User to agree to specific Terms of Use prior to using such Services of Darss Technologies Inc. and the User desires to agree to such Terms of Use in order to use the Services;

 

NOW, THEREFORE, in consideration of the mutual covenants and premises herein, the Parties agree as follows:

•    Users that apply to tutor with Darss Technologies Inc. are legally allowed to work in Canada.

•    International students that apply to tutor with Darss Technologies Inc. are legally entitled to work off campus. To check eligibility, please visit Studying and working in Canada as an international student page.

  • All tutoring sessions are to be done in public places (we recommend on campus) or online
  • All information that Users submit upon creation of User’s account is accurate
  • Agree to receive emails from Darss Technologies Inc. and/or trusted third parties to the email address the User has provided in their Darss profile. The emails may contain promotions, notifications and other special offers. User also agrees that Darss Technologies Inc. may provide their email address and corresponding information to such parties.

•    Users/Tutors who work at the institutions they attend or graduated from:

  • May not use any access to information through their employee to market their tutoring jobs, look-up grades, or any other actions that their tutoring business can benefit from, but could lead to breaching students’ privacy on campus.
  • May not use equipment - computers, emails, phones or any systems they may have access to and are provided to them by their employer - to run their tutoring business with Darss.
  • Highschools and K12 Students seeking tutoring sessions are responsible for selecting the right tutor for their needs. In making hiring decisions, Students should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other students. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.

  • In consideration of your use of the App, you agree: (a) that you are of legal age and have capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the service ("Registration Data"); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Darss, to keep it accurate, current and complete.

 

•    Acceptance of Software Terms of Use Agreement:

This Agreement is an electronic contract that establishes legally binding terms. A User must accept to use the Service. By accessing or using the Service, User agrees with this Agreement and agrees to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to User in electronic form. To withdraw this consent, User must cease using the Service and terminate the User’s account. The User is advised to print a copy of this Agreement for User’s records. To receive a nonelectronic copy of this Agreement, please contact Darss Technologies Inc. at info@joindarss.ca. Darss Technologies Inc. may modify this Agreement from time to time, such modifications to be effective upon posting to any website or mobile application controlled by Darss Technologies Inc. and accessed by User. User’s continued use of the Services after any such changes constitutes User’s acceptance of the new Terms of Use. If User does not agree to abide by these or any future Terms of Use, User shall not use or access the Services. It is the User’s responsibility to review these Terms of Use regularly.

 

•    Privacy Policy:

User understands that certain personal information may be shared with Darss Technologies Inc. and Tutors in order to make use of the Services. Darss Technologies Inc. is committed to protecting User’s privacy. This statement outlines -Darss Technologies Inc.’s practices for gathering and disseminating information through Darss Technologies Inc.’s services and explains the terms and conditions of User’s use of the Service. Darss Technologies Inc. does not sell, rent, or trade the personal information of any of Darss Technologies Inc.’s customers to any third party. Please review Darss Technologies Inc.’s policy and contact Darss Technologies Inc. with any questions.

 

•    Collection of Personal Information:

When User logs in to Darss Technologies Inc.’s Services, User will share certain personal information with Darss Technologies Inc. in order to share with Tutors and for billing purposes. User’s decision to provide such information is voluntary, but necessary to use such Services, and without such information, Darss Technologies Inc. will be unable to provide Services to User. Darss Technologies Inc.’s registration form collects information such as a User’s name, email address, telephone number, address and other information relating to the Services and billing for those Services. The User’s location will also be collected. Darss Technologies Inc. uses User’s personal information for billing purposes, assessments of and provision of services to Users, including sending such information to Tutors to arrange services; communication with User; and internal auditing. Darss Technologies Inc. may also use the information that Darss Technologies Inc. collect to confirm that Users are authorized to use the Service and to fulfill a requested transaction, including the processing of payments. For Service activities that require personal information, the User agrees to provide accurate and current information. User’s registration and/or participation in DarssTechnologies’ Service may be cancelled without notice if at any time Darss Technologies Inc. discovers that a User has provided false information or violated any term of this Privacy Policy or Darss Technologies Inc.’s Terms of Use.

 

•    Disclosure Policy:

Darss Technologies Inc. will not disclose any of User’s personal information, except when Darss Technologies Inc. has User’s permission or under exceptional circumstances, such as when Darss Technologies Inc. believe in good faith that disclosure is reasonably necessary to cooperate with local, province and/or federal law enforcement authorities, to enforce the Terms of Use or prevent unauthorized use of the Service, to respond to claims that any content in the Service violates the rights of third parties, protect the rights, property, or personal safety of Darss Technologies Inc., its Users, or the public.

 

•    Rating and Feedback:

Darss Technologies Inc. relies on rating and feedback from Users regarding Tutors and the tutoring services provided, and as such, requires rating and feedback from User after a completed tutoring session. Darss Technologies Inc. reserves the right to replicate the Users’ written comments about the Service sent to Darss Technologies Inc.’s representatives via Darss Technologies Inc.’s Services in promotional materials and/or in business development materials, along with User’s first name and institution. User’s email address and any personal information besides the User’s name and institution will not be used at any time without the User’s Agreement. If User would like to make User’s comments anonymous, User may designate them as such in the User’s profile.

 

•    Links:

Darss Technologies Inc.’s Services may contain links to third-party websites or third-party materials made available online. Darss Technologies Inc. is not responsible for the content or privacy practices of any third party website or material. Darss Technologies Inc. encourages User to be aware when in the event User leave’s Darss Technologies Inc.’s Services, and User is responsible for reading the policies of any site that they may visit. Darss Technologies Inc.’ privacy statement applies solely to information collected by Darss Technologies Inc.

 

•    Security:

Darss Technologies Inc. agrees to take reasonable precautions to protect User’s information. Notwithstanding the foregoing, Darss Technologies Inc. cannot guarantee the security of information sent via User’s personal Internet connection, and User discloses such information at User’s own risk. Unless otherwise compelled by law, Darss Technologies Inc. will only share personal information as necessary to bill for Services or for pairing a User with a Tutor.

 

Terms of Use

 

Term and Termination:

This Agreement will remain in full force and effect for the duration which User accesses the services or maintains an account with Darss Technologies Inc. Darss Technologies Inc. Technologies Inc. may terminate Users’ account at any time, for any reason. Darss Technologies Inc. reserves the right to terminate or suspend User’s account at any time without notice if Darss Technologies Inc. believes that User has breached this Agreement, or for any other reason, with or without cause, at Darss Technologies Inc.’s sole and absolute discretion. Upon such termination or suspension, Users will not be entitled to any refund for any amounts billed for Services. Darss Technologies Inc. is not required to disclose and may be prohibited by law from disclosing, the reason for the termination or suspension of User’s account.

 

Non-commercial Use by Users:

The Service is for personal use only. Users may not use the Service or any content contained in the Service (including, but not limited to, content of other Users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any User to buy or sell any products or services not offered by Darss Technologies Inc. or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other User without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Service for any purpose unless otherwise agreed to in writing between Darss Technologies Inc. and those Organizations, companies, and or businesses. Darss Technologies Inc. may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting Usernames and/or email addresses of Users by electronic or other means to send unsolicited email and unauthorized framing of or link to the Service.

 

USERS AND TUTORS ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH OTHER USERS AND TUTORS. USER UNDERSTANDS THAT DARSS TECHNOLOGIES INC. DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS OR TUTORS. DARSS TECHNOLOGIES INC. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR TUTORS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS OR TUTORS. DARSS TECHNOLOGIES INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR TUTORS OR A TUTORS TUTORING ABILITY WITH ANY CURRENT OR FUTURE USERS; THEREFORE, DARSS TECHNOLOGIES INC. RECOMMENDS AVOIDING AT HOME SERVICES, AND HAVING ALL TUTORING SESSION TO BE DONE ON CAMPUS AND UNDER THE SURVEILLANCE OF ITS SECURITY. DARSS TECHNOLOGIES INC. RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

 

Content:

User is solely responsible for the content and information that User shares, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other Users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). User may not post as part of the Service, or transmit to Darss Technologies Inc. or any other User (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). User represent and warrant that

  1. all information that Users submit upon creation of User’s account is accurate and truthful and that User will promptly update any information provided by User that subsequently becomes inaccurate, incomplete, misleading or false and
  2. User have the right to post the content on the Service and grant the licenses set forth below. User understands and agrees that Darss Technologies Inc. may, but is not obligated to, monitor or review any Content User posts as part of a Service. Darss Technologies Inc. may delete any Content, in whole or in part, that in the sole judgment of Darss Technologies Inc. violates this Agreement or may harm the reputation of the Service or Darss Technologies Inc.

 

User’s Duties:

User shall take all necessary precautions in all interactions with other Users, particularly if User decides to i) communicate with any User or Tutor outside the use of the Services; ii) meet any Tutor or User in person, or iii) send money to another User or Tutor. User agrees that User may not use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair Darss Technologies Inc. In addition, User agrees not to use the Service to:

o    Upload, post, email, transmit or otherwise make available any content that Darss Technologies Inc. deems to be harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

o    Impersonate any person or entity, create a false identity, or falsely state or otherwise misrepresent User’s self or User’s affiliation with any person or entity;

o    Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

o    Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

o    Intimidate, stalk or harass another;

o    Harm minors, or any person, in any way;

o    Use or attempt to use another’s account, Service or system without authorization from Darss Technologies Inc.;

o    Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;

o    Upload, post, email, transmit or otherwise make available any Content that User does not have a right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

o    In any way violate the honour code or code of conduct of any institution to which User belongs;

o    Aid or encourage a Tutor or User to violate the honour code or code of conduct of the institution to which a User or Tutor belongs.

 

Use the Service:

As a marketplace for services other than tutoring (such as essay writing, completion of a User or Tutor’s assignments, etc.).

 

No Warranty:

User understands that Darss Technologies Inc. makes no guarantees, either express or implied, regarding User’s ultimate experience with User’s through the Service, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. Darss Technologies Inc. makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the application or the services provided by a tutor scheduled through Darss Technologies Inc.’s Services. Darss Technologies Inc. makes no warranty or representations that its Services will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the Services will be accurate or reliable; the quality of any services, content, information obtained through Darss Technologies Inc.’s Services will meet User’s expectations or requirements; or any errors in Darss Technologies Inc.’s Services will be corrected.

 

Assumption of Risk:

Users should not provide financial information (for example, User’s credit card or bank account information), or wire or otherwise send money, to other Users. Users assume all risk for any damage to User’s computer system or loss of data that results from obtaining any content from Darss Technologies Inc.’s Services, including any damages resulting from computer viruses.

 

Copyright Protection and Data Retention:

By posting content as part of the Service, User automatically grants to Darss Technologies Inc., its affiliates, licensees and successors, an irrevocable, perpetual, non- exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the content, (ii) prepare derivative works of the content or incorporate the content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. User represents and warrants that any posting and use of User’s Content by Darss Technologies Inc. will not infringe or violate the rights of any third party.

 

Use of Tutoring Services:

User’s use of the Service is at User’s sole risk unless otherwise explicitly stated. Darss Technologies Inc.’s Services and Website, including the information, services, and content, is provided on an “as is”, “as available”, and “with all faults” basis. By using Darss Technologies Inc.’s services, the User acknowledges and agrees that Tutors are independent contractors and not employed by Darss Technologies Inc., a specific student government association, university or other educational institution. Darss Technologies Inc has not screened tutors listed in its services and Users registering through the services. User assumes all responsibility for conducting reference or background checks for any tutor or User. Darss Technologies Inc. recommends that tutoring sessions take place in visible public locations. Tutoring sessions can take place in both structured and unstructured settings. User assumes all responsibility for personal safety and security. Tutors listed in Darss Technologies Inc.’s database shall be contacted only for tutoring purposes. Soliciting or contacting Tutors for other purposes is strictly prohibited. Tutoring is not meant to replace formal instruction.

 

Terms of Tutoring Transactions:

By using Darss Technologies Inc.’s Services and booking a tutoring session, User agrees to pay all costs associated with tutoring sessions scheduled through Darss Technologies Inc.’s. These costs include but are not limited to: the hourly rate as listed; travel or transportation related to User’s tutoring session; and any cancellation fees noted in a tutor’s profile. By submitting User’s information to Darss Technologies Inc.’s, User acknowledges and agrees that User is solely responsible for its form and content and all information included in User’s profile.

 

By submitting User’s information as a Tutor, User understands and agrees that anyone with access to the Services may view User’s information and User’s Tutor profile. Darss Technologies Inc. does not guarantee that a certain number of Users or a specific individual will view User’s information, nor does Darss Technologies Inc. guarantee that User will be contacted for tutoring. In the event that User registers as a Tutor with Darss Technologies Inc.’s, the User understands and agrees that the information User provides is true and accurate and that User has the proper qualifications and expertise in the subjects User has selected at the time of registration. The User is solely responsible for the form and content of all information provided and all information included in the User’s profile.

 

User’s Information:

Tutor shall use all reasonable efforts to protect User’s interest in the information and keep it confidential, using a standard of care no less than the degree of care that Tutor would be reasonably expected to employ for his/her own similar confidential information. In particular, Tutor shall not directly or indirectly disclose, allow access to, transmit or transfer the information to a third party without the User’s prior written consent. Tutor shall disclose the information only to those persons who have a need to know the information for the purpose and who have been approved by the User to receive the information. Tutor shall, prior to disclosing the information, issue appropriate instructions to them to satisfy its obligations herein and obtain their written Agreement to receive and use the information on a confidential basis on the same conditions as contained in the Agreement.

 

Applicable laws:

Tutor understands and agrees that he/she is subject to all federal and provincial laws relating to the confidentiality of User’s information. Tutor further agrees to comply with The Personal Information Protection and Electronic Documents Act (PIPEDA). Tutor shall regard all User information as confidential and will not disclose the User information to any third party without legal documentation requesting such information.

 

Conduct:

In conducting tutoring sessions, Tutors:

  • Will conduct tutoring sessions safely and respectfully;
  • Have the right to refrain from sharing his/her personal information with the User;
  • May refuse to meet with Users who make them feel uncomfortable or are disrespectful;
  • Will make reasonable faith efforts to act in the best interest of the User;
  • Will not speak with outside parties regarding a User’s performance;
  • Will uphold any code of conduct and academic integrity policies of any institution which User or Tutor is a member;
  • Will work to resolve conflicts that may arise between Tutors and Users and other invested parties, including advisors or instructors;
  • Will exercise reasonable judgment and take precautions to ensure that their potential biases, the boundaries of their competence, and the limitations of their expertise do not lead to or condone unjust practices;
  • Will establish clear expectations about the tutoring session;
  • Will fulfill all commitments to tutoring sessions including being on-time and prepared with appropriate materials to facilitate the tutoring session;
  • Will not guarantee grades or academic outcomes from tutoring sessions

 

Customer Service:

If Darss Technologies Inc. feels that any user’s behaviour towards any of our customer care representatives, students, tutors or any other members of the Darss Technologies Inc. community is at any time threatening or offensive, we reserve the right to terminate your account immediately.

 

User agrees to indemnify and hold Darss Technologies Inc. and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of or connection to the Service (including any use by User on behalf of another party), User’s violation of the Terms, or User’s violation of any rights of another.

 

Arbitration and Governing Law:

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the Arbitration Association. Users may not under any circumstances commence or maintain against Darss Technologies Inc. any class action, class arbitration, or other representative action or proceeding. By using the Service in any manner, User agrees to the above arbitration agreement. In doing so, USER GIVES UP USER’S RIGHT TO GO TO COURT to assert or defend any claims between User and Darss Technologies Inc. (except for matters that may be taken to small-claims court). USER ALSO GIVES UP USER’S RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. User’s rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Darss Technologies Inc. may be commenced only in the federal or provincial courts. User hereby irrevocably consents to the jurisdiction of those courts for such purposes. The provincial laws shall govern this Agreement and any dispute between User and Darss Technologies Inc. without regard to principles of conflicts of law, provided that the Ontario Arbitration Act shall govern this arbitration agreement.

 

Limitation of Liability:

To the extent permitted by law, Darss Technologies Inc., its affiliates or its partners, shall not be liable to User (directly or indirectly) for any loss, claim, or damages of whatsoever kind of nature, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of User, Tutor or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users or persons User meet through the Service. Wherever the law prohibits Darss Technologies Inc.’s absolute exemption from liability, Darss Technologies Inc.’ ss total aggregate liability, under or in relation to any warranty or condition implied by law shall be limited to the aggregate sum total of fees paid to Darss Technologies Inc., less any compensation paid to Tutors, by the User in connection with User’s access to the Services.

 

Darss Technologies Inc. may provide User with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if User violates this Agreement by accessing the Service in an unauthorized manner. User agrees that User is deemed to have received any and all notices that would have been delivered had User accessed the Service in an authorized manner.

 

Entire Agreement; Other:

This Agreement contains the entire Agreement between User and Darss Technologies Inc. regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Darss Technologies Inc. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. User agrees that User’s online account is non-transferable and all of the User’s rights to the User’s profile or contents within the User’s account terminate upon User’s death. No agency, partnership, joint venture or employment is created as a result of this Agreement and User may not make any representations or bind Darss Technologies Inc. in any manner.

This Agreement is subject to change by Darss Technologies Inc. at any time for any reason.

By agreeing to these terms, you also agree to the Stripe Connected Account Agreement.