Terms of Use

The Tutor Buddy Team

September 2021

These Terms of Use (“Terms”) govern your use of the Tutor Buddy website (“Site”) at www.tutorbuddy.ca, any mobile device application or any other means provided or authorized by Tutor Buddy, Inc. (“Tutor Buddy”). Please read these Terms before using or continuing to use the Site. Do not agree to the Terms unless you both fully understand and accept each provision. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.

1. General terms

Tutor Buddy provides this Site to Users seeking tutoring services (“Students”) and to Users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf Users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors or any person or entity who views, uses, accesses, or browses any content on, and/or creates, uploads, posts, sends, receives or stores content to the Site. These Terms are entered into by and between Tutor Buddy and you, and you accept them by: (a) accessing or viewing the content of the Site; (b) contracting for tutoring lessons through the Site; (c) registering as a tutor or providing tutoring lessons through the Site (d) using the Site in any other manner; and/or (e) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

2. Privacy Policy

Please refer to the Tutor Buddy Privacy Policy for information on how Tutor Buddy collects, uses and discloses information about you.

3. Services

The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent businesses engaged by Students, Tutors decide, are responsible for and generally control the methods, materials, scheduling, frequency, duration and all other aspects of the tutoring they provide.

Students 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. – IF THE STUDENT IS YOUNGER THAN 18 YEARS OLD, ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT. Tutor Buddy controls and operates the Site from various locations in Canada and makes no representation that this website is accessible in all locations. Tutor Buddy services may not be available in your location, and available services may vary among locations.

4. Academic honesty

Tutor Buddy’s services are provided for the purpose of facilitating learning, not cheating. You shall not use the Site to inquire about, engage in or aid or assist anyone with any form of academic dishonesty (for example, completing assignments or projects, writing papers or essays, taking (or help take) quizzes or examinations on someone’s behalf, or completing work in violation of academic policies or other conduct policies of a school, university, academic institution or workplace.

5. Your obligations and conduct

All Users must: (a) be of legal age and have capacity to agree to these Terms on their own behalf or on behalf of a minor who will be receiving tutoring services; (b) reside within Canada, (c) provide accurate, current, and complete information about themselves as required during Site registration (“Registration Data”); (d) maintain the security of any password and identification information used to access the Site; (e) maintain and promptly update the Registration Data and any information you provide to Tutor Buddy, keep it accurate, current and complete; and (f) accept all risks of unauthorized access to information and Registration Data. You are not permitted to

use the Site or the services or submit content to the Site if you are under the age of 13.

You are entirely responsible for all content that you create, upload, post, send, receive or store through your use of the Site (“Content”). Users shall not create, upload, post, send, receive or store Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, inconsistent with the Tutor Buddy mission or otherwise objectionable to Tutor Buddy or other Users; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) 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. Tutor Buddy reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.

Users must use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that Tutor Buddy, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Specifically, but without limitation, Users may not:

· Defame, abuse, harass in any form, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;

· Create, upload, post, send, receive or store any false, misleading, profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;

· Use the Site for any purpose that is in violation of local, provincial, national, or international law;

· Create an account or accounts on the Site for fraudulent purposes, or for the purpose of misusing the Site, including without limitation misappropriating the Site or any information on the Site for your own commercial or pecuniary gain.

· Upload files that contain software or other content that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;

· Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or content that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;

· Take any action that would undermine any aspect of the Site;

· Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;

· Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;

· Impersonate another person or allow any other person or entity to impersonate you or use your credentials to access the Site;

· Post the same content repeatedly or spam - spamming is strictly prohibited;

· Download, copy or transmit any file posted by another User that you know, or reasonably should know, cannot be legally published through the Site;

· Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);

· Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on Site; or

· Restrict or inhibit any other User from using and enjoying the Site.

All Users must meet the following eligibility conditions (“Eligibility Conditions”) for as long as they use the Site: (a) you have and will at all times comply with all applicable laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any summary or indictable offenses of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any summary or indictable charges of any kind, including without limitation sexual, child abuse or domestic violence offenses. Tutor Buddy may revise the Eligibility Conditions from time to time and require new conditions and certifications. Continued use of the Site constitutes agreement with and acceptance of any new Eligibility Conditions and Users are required to abide by such revised Eligibility Conditions or discontinue using the Site. Tutor Buddy may verify the above representations and warranties. Verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. Tutor Buddy may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Services, should it determine that you have violated any representation or warranty. For more information related to our background check process, please review our background check policy.

The preceding paragraph notwithstanding, Tutor Buddy does not directly conduct background checks of any User. Tutor Buddy neither confirms nor denies the validity of information provided by Users and Tutor Buddy has no obligation to verify that any or all of the Eligibility Conditions are met by Users. Users are responsible for making their own decisions and assessments about persons to engage.

As part of the procedure for tutor registration, all tutors on Tutor Buddy must pass a criminal background check. However, a background check on a student is not a condition for student registration. Tutors may, at their discretion, conduct their own independent background and reference checks on students using a background check service of their choice. Background and reference checks on students are the sole responsibility of the tutor. Tutor Buddy expressly disclaims, and you expressly release Tutor Buddy from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User. Tutor Buddy reserves all of its rights to remove anything objectionable to Tutor Buddy in its sole discretion. Alleged improprieties by any User may be reported to Tutor Buddy by email to the site administrator.

6. Third party reports

Tutor Buddy may 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”). Tutor Buddy 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. Tutor Buddy does not independently verify information in the consumer reports. Tutor Buddy may collect, use and disclose the information in the consumer reports. Tutor Buddy 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 Tutor Buddy 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. Tutor Buddy reserves the right to suspend and/or terminate a User based on information in the consumer reports or for any other reason in Tutor Buddy’s sole discretion.

7. Confidentiality of Tutor Buddy information

You may obtain direct access via the Site to certain confidential information of Tutor Buddy and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All rights, title and interest in the Confidential Information remain with Tutor Buddy and its affiliates. 8. Content provided on the Site

Tutor Buddy does not claim ownership of the Content that you provide on the website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with this website shall be deemed to be provided on a non-confidential basis. Tutor Buddy shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant Tutor Buddy an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Tutor Buddy, its affiliates, and third-party providers of any content that you may provide on the Site.

9. Terms of transacting business

Users must abide by Tutor Buddy tutor and student payment policies. Users must pay all costs associated with the services through Tutor Buddy. These costs include but are not limited to: (a) a tutor’s hourly rate as listed (b) tutor’s cancellation fees (if any) as described in a tutor’s cancellation policy, which can be found on a tutor’s profile on the Site; (d) any services fees charged by Tutor Buddy as listed, and (e) the Platform Fee arranged between the Tutor and Tutor Buddy.

10. Advertisements and promotions

Tutor Buddy may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Tutor Buddy, found on or through the Site, including payment

and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Tutor Buddy is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Tutor Buddy advertisers on the Site.