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Terms and Condition

TORUS ACADEMY TERMS OF SERVICE

Welcome to Torus Academy!

Our Terms of Service have been updated. Therefore, please, read these Terms of Service carefully before using the Website and/or Services. If you do not accept these Terms of Service, including the agreement to arbitrate on an individual basis any claims between you and Torus Academy, please, do not use the Website and do not click “Sign up as a student/tutor” (or similar) or otherwise use the Services.


GENERAL INFORMATION

Terms of Service

These Terms of Service (hereinafter - the “Terms”) describe the terms and conditions applicable to your access and use of the website and the website software related mobile device application made available through or in connection with the “Services”. The Torus website means www.torus.com.pk, and its sub-domains (the “Website”) and is an online platform intended to be used by students (and/or their parents) and tutors in connection with the Services.


Use of the Services of Torus (as defined above) is subject to these Terms of Service (the “Terms”) and any other rules or policies that are published on the Website that apply to specific activities in which you participate (for example, Torus Enterprise or Student competitions).

You agree that by using Services and providing the respective consent, you are agreeing to enter into a legally binding contract with Torus and indicate your unconditional acceptance of these Terms, on your own behalf and, if you are a Parent or Company, on behalf of the Student represented by you who uses our Services.

You are entering into these Terms with Torus Inc. (referred to as “Torus”, “we” and “us”), a corporation registered and organized under the laws of the Pakistan. These Terms, as well as the Refund and Payment Policy, Privacy Policy, Cookies Policy and Torus Blog Privacy Policy, are legally binding agreements governing relationship between Torus and any User or visitor of the Website and Services.

As a User or a visitor of our Services, the collection, use and sharing of your personal data is subject to the Privacy Policy, Cookies Policy, Torus Blog Privacy Policy and the respective updates. For more information about when, where, and why we collect personal data, how we use it, the conditions under which we may disclose it to others, your rights in respect of your personal data, please refer to our Privacy Policy and/or Torus Blog Privacy Policy.

Services of Torus

 You may be accessing and using the Website, Service and Software of Torus as (i) a Student,

(ii) a Parent, (iii) a Tutor, (iv) a Company or (v) a visitor simply using the functionality, including that of the Blog, and/or reviewing the content, that is publicly available on the Website. Throughout these Terms “you” or “your” may refer as applicable to the Student, the Parent, each Tutor and Company accessing or using any of our Services (each the "User").


Our platform allows students (“Students”) and their parents/legal representatives/legal guardians (“Parents”) and companies enrolled in Torus Enterprise (“Companies”) searching for tutors, and tutors (“Tutors”) searching for Students, to connect for and deliver and pay for or receive payment for online and one-to-one lessons. The “Services” include the Website and any Torus related mobile device application (the “Software”), Micro Soft Teams (“MST,” an online video room), our online discussion forums and chat rooms, other services and features available through the Software, and Torus Blog and its applicable features, including articles writing and commenting (the “Blog”). Torus does  provide tutoring services, and Torus match Tutors with Students, Parents or Companies.


Torus Enterprise

Companies may be enrolled in Torus Enterprise, whose Employees (Students) will use the Services with the aim to connect with the Tutors for online and one-to-one lessons of languages learnings on our online platform.

Companies can easily track Employees' (Students’) completed lessons, add or remove

Employees (Students), control, refill or shift their balances through the Dashboard.

Companies enrolled in Torus Enterprise are provided with a report, which is displayed on the Dashboard to monitor their Employees’ (Students) language learning performance.


 Micro Soft Teams

 Teams is an optional tool provided by Torus online learning platform to carry video lessons between Students and Tutors.

Students and Tutors can connect easily through Teams for a high quality and secure online learning environment.


Amendments to these Terms


 We reserve the right to change these Terms from time to time for any reason by posting of the updated Terms to our Website with indication of the modification date at the top of this page. Please check this page to ensure that you’re happy with any changes. The additional

notifications on any amendments will be sent to your email. By continuing to use the Services following amendment of these Terms, you consent to be bound by the Terms as amended.

OBLIGATIONS


      Services Eligibility


 Torus Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a Parent. In this case, the Parent is responsible for any and all activities of the Student.


Verification


 As part of the Services, we attempt to verify Tutors' ID (passport, driver’s license etc.) and claimed educational credentials (educational background documents, as diplomas, certificates etc.). The Tutor has to upload a copy of the Tutor’s ID and educational document(s). As a Tutor passes a verification a special Badge applies to the Tutor’s profile and the uploaded copies of documents get deleted from ourservers.


We do not control and are not responsible for any information provided by any Tutor with the aim of such verification. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the verification or Tutors themselves.


Torus cannot confirm that each User is who they claim to be. You agree and understand that you assume all risks when using the Services, including without limitation any and all of the risks associated with any online or offline interactions with other Users.

While we use good faith efforts to confirm that each Tutor on our Website is a legitimate instructor, we are not able to provide any assurances regarding the trustworthiness of Tutors and the information they provide via our Website. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. Neither Torus nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of the Services. Torus and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Services.


Torus may or may not utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“Consumer reports”). Torus does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. Torus does not independently verify information in the consumer reports.


You hereby consent to Torus collecting, using and disclosing the information in the consumer reports. You understand and agree that Torus may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Torus shall not be responsible or liable in any way in the event that any information in the consumer reports about any person,


including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Torus reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Torus's sole discretion.

Privacy


You may use the Website and Blog without providing personally identifiable information. To use the Services we may require provide us consensually your personal data. Please refer to our Privacy Policy for additional information on our practices for handling, processing and securing user’s personal data. When you choose to register for or participate in Services or other events in relation to the Services, you agree that you will provide accurate, complete, and up to date personal data as requested on the screens that collect information from you.


Payment


We use third party payment services ( Payoneer, ) to bill you, as Students, through an online account payment in lieu of directly processing your credit/debit card information. Please read more about the privacy security in our Privacy Policy. These payment services are enabling your transfer and receipt of funds as payment for Services provided on the Website. If you make payments via our Website or through any related service, you agree that your activities are subject to our additional payment terms specified in the Refund and Payment Policy.

We also use third party payment services (Payoneer, ) for making the payouts for Tutors, and those payment services process such transactions, please check additional payment terms specified in the Refund and Payment Policy.


Refund


 Torus strives to ensure clear understanding of financial relations between Students and Tutors with respect to the Services we provide. In case you are not satisfied with the Services or any other reason applicable you may be eligible for a refund in accordance with the terms outlined in the Refund and Payment Policy on the Website. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only.


Companies using Torus’s Services are not eligible for refunds. Funds may be reallocated between Company employees (Students) in the event that a Company deems an employee no longer eligible for Torus’s Services, or in the case where a Company Employee (Student) elects to change tutors.


RIGHTS AND LIMITS


Your License to Torus

In case you are a Student, Torus hereby grants to you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Services and the Software solely for your non-commercial, personal use and subject to the policies and


restrictions that we post on our Website from time to time.


In case you are a Tutor, Torus hereby grants to you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Services and the Software solely for the delivery of your personal services to your clients (i.e. Students) and subject to the policies and restrictions that we post on our Website from time to time.


You agree not to view, copy, or procure content or information from the Website and Software by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Website and Software (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by Torus under separate written agreement.


No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Torus's prior written permission or as expressly provided in these Terms.


Where you purchase a subscription or a license to access the Services, you may not share that subscription or license with others.


Torus may impose reasonable limits on your scope of access to the Services, including limits on time or number of information accessed or devices used to access such Services, to prevent unauthorized third party access to or use of the Services.


All rights not expressly granted herein are reserved.


Your Account

 Certain of our Services are reserved for registered users on our Website. To become a registered user you must register on our Website for login credentials to be provided or enabled by Torus (“Login Credentials”) based on the type of access applicable to your use of the Website (whether Student or Tutor). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken.


You may use the Blog and its features without a registered user status. This shall not preclude the application of these Terms and other Torus’s applicable documents to your use of Blog, in particular when you submit your article(s) or leave comment(s) on the Blog.


You may not (i) create more than two accounts (one as a Tutor and one as a Student) to access the Website, (ii) share your Login Credentials with any third party nor (iii) transfer your account to any third party. Torus is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You agree that you shall not rent, resell, or remarket the Website, or provide access to the Services to any third party. We are not responsible for losses or damage caused by your failure to safeguard your login and password. Torus may terminate any Login Credentials in its sole


discretion; You will not be entitled to create a new account to access the Website if your prior Login Credentials have been terminated by Torus.


Upon registering for our Services an account for Students may automatically be created for you. You may select a profile photo or insert a link to your account on Google+ or Facebook to display with your account information. Please be advised that provision of your photo is not an obligatory term to use our Services. You may edit your account with additional information at your sole discretion. Additional information may help you to get more from the Services, for instance, finding a necessary tutor. At the same time, you are not required to provide additional information, not specifically necessary for the registration, it is your choice. The security of any personal data you choose to share within your account is subject to our Privacy Policy.


Upon registering for our Services a profile for Tutors is automatically created for you. Please be advised that provision of your photo and video introduction is an obligatory term to use our Services. You may edit your profile with additional information at your sole discretion. Additional information may help you to get more from the Services, for instance, finding students. At the same time, you are not required to provide additional information, not specifically necessary for the registration. Therefore, it is your choice whether to include additional data to your profile, or not, such as country, language skills, education and work experience. The security of any personal data you choose to share within your account is subject to our Privacy Policy.


Direct Interactions


Torus may take part in direct interactions between Students and Tutors, when we consider it advisable:


to ensure compliance with these Terms;

to improve our Services; or

as stated in our ⦁ Refund⦁ and⦁ Payment⦁ Policy.




Torus does not have control over transactions between Users except as stated in our Refund and Payment Policy. Torus does not control Tutor Package provided by Tutors, any reviews or ratings provided by Users, nor of the actions or omissions whatsoever of any User.


Students acknowledge and agree that Services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire Tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.


Representations and Warranties


Tutor-Specific Representations.


If you utilize the Services as a Tutor, (i) You represent and warrant that for each provided Tutor Session or a Tutor Package you have the right to provide services contained in such Tutor Session or a Tutor Package for the purposes of these Terms and that you are capable of


fulfilling any offers contained in such Tutor Session or a Tutor Package; (ii) You warrant that you will keep all your Tutor Packages up to date on the Website by notifying Torus of any changes that would affect the accuracy of such Tutor Packages; (iii) You hereby grant to Torus and its Users, the right to view and distribute your Tutor Packages without restriction and you acknowledge that your Tutor Packages may be widely disseminated and viewed by large numbers of people; (iv) You acknowledge and agree that Torus may display advertisements on the Services in connection with your Tutor Packages without any payment obligation to you; (v) You acknowledge and agree that Torus may improve the video that You provided for your profile on the Website, the improvements can be made by cutting the video to a specific size, adding the Torus logo on the video, improving the quality of sound in the video, publishing the video on the Torus channel with adding the description and link to the Tutor’s profile; (vi) You agree to use good faith efforts to provide Students a professional-quality tutoring experience; (vii) you are legally eligible to provide tutoring in the jurisdiction where you provide tutoring; (viii) you have complied and will comply with all laws and regulations that are applicable to you; and (ix) you operate an independent enterprise with respect to which you have obtained all business licenses and permits necessary to legally provide tutoring services.


Student-Specific Representations.


If you utilize the Website as a Student or Parent, (i) You agree to honor the commitments you make to the Tutor via the Website; (ii) You agree that you will not circumvent or manipulate our fee structure, the billing process, or fees owed to Torus or the Tutor; fail to deliver payment for items purchased by you from the Tutors; and (iii) You agree to use good faith efforts to interact with Tutor online for the Tutor Sessions.


Tutors’ Introduction Video and Profile Picture

Tutors grant Torus the rights to use Tutor’s Introduction video, name and profile picture for marketing, advertising or promotional purposes. Torus may publish Tutor’s Introduction videos and profile pictures to our official channels in third-party social media advertising system, video hosting and streaming services, such as YouTube, Vimeo, Facebook or others, as to ensure accessibility and visibility to Torus students regardless of location.


You may always request to remove any Introduction videos published to our official channels in third-party social media, video hosting and streaming services by writing to support@torusacademy.com.pk


Tutors’ Ranking

 Torus uses many pieces of information in order to show the Tutors that best match a

Student’s preferences to a Student. The order in which Tutors are displayed depends on a number of factors including, but not limited to, the following - in no particular order:

the subject the Student is searching for;

the country of the Student;

the language that a Student is viewing the Website in;

the time zone of the Student;


the overlap in working hours between the Tutor and Student’s time zones;

the overall availability of time slots on a Tutor’s calendar;

the past performance of a Tutor in helping their Students to achieve their learning goals

the quality and completeness of a Tutor’s profile, including their Introduction video;

how responsive a Tutor is to Students messages;

the Student reviews of Tutor’s lessons;

the Students rating of individual lessons;

prior learning history of a Student on the Website.


Lesson Recording

 You acknowledge and agree that, from time to time, Torus may record videos of your lessons. This recording is intended solely for the purpose of ensuring the quality of Torus Services. Recordings will not be shared externally, used for individual targeting, or used for any sales, marketing, or other promotional purposes.


By using Torus services, you agree and give consent for such recordings that is gratuitous, unsolicited, and without restriction. You agree that Torus may use these recordings without fiduciary, or other obligation, and without any additional compensation.


You may opt out of any recordings of your lessons or request to remove any existing recordings by writing to support@torusacademy.com.pk


WEBSITE CONTENT

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms. The “Content” means all information, text, materials, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services. The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes. You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:


The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;

The Content may not be modified;

Copyright, trademark, and other proprietary notices may not be removed.


Nothing contained on this Website should be construed as granting, by implication, estoppel,


or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.


CONTENT SUBMITTED BY USERS
We are not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through our Website. We do not prescreen information posted online. We are acting as a passive conduit for such distribution and may not be responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of Torus. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from Your uploading, posting or submission of Content to this Website.

We have the right, but not the obligation, to randomly monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and any other applicable rules that we may establish, as well as for the purpose of Services' improvement. We have the right in our sole discretion to edit or remove any material submitted to or posted through this Website. Without limiting the foregoing, we have the right to remove any material that Torus, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable, and You are solely responsible for the Content that You post to this Website.

If you believe that your intellectual property rights have been infringed, please submit your complaint to legal@torusacademy.com.pk. You may report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.


Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying”
includes certain activities intended to influence legislation. Content posted by Users does not
constitute lobbying by Torus but may constitute lobbying by You or an organization that You represent. You are responsible for complying with any applicable lobbying restrictions.








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