Terms and conditions
1.1. GoStudent GmbH, with its headquarters in Vienna, registered in the commercial register of the Commercial Court of Vienna under FN 447118 b (hereinafter “GoStudent”), provides an online platform for tutoring services under the domains gostudent.at, gostudent.de, gostudent.ch and gostudent.org as well as in an app (collectively, hereinafter the “Platform”).
1.2. These T&Cs shall apply to all persons registered on the Platform as Tutors (hereinafter referred to as a “Tutor”). These T&Cs are a legally binding agreement between GoStudent and Tutor, and govern the rights and obligations of Tutors when visiting the Platform and when using the functions and offering tutor services to students (“Users”) through it. By accepting these T&Cs or using the Platform, Tutor accepts and agrees to be bound by the terms of these T&Cs.
1.3. These T&Cs shall apply exclusively to the use of the Platform as a Tutor. Any deviating, conflicting or supplementary T&Cs shall not form part of the business relationship between the Tutor and GoStudent, unless expressly agreed to by GoStudent and the Tutor in writing (including by electronic presentation and acknowledgement thereof).
1.4. GoStudent may change the provisions of these T&Cs at any time without stating the reasons. Such changes shall be posted on the Platform. If the Tutor continues to use the Platform after posting of the updated T&Cs, the changes are deemed to be accepted. Tutor is expected to check the Platform frequently so as to be aware of any changes to these T&Cs,
SUBJECT OF THE CONTRACT, SERVICE DESCRIPTION
2.1. Persons registered as Tutors can arrange online video lessons (hereinafter referred to as “video lessons” or “units”) via the Platform. Users are subject to separate terms and conditions.
2.2. If a Tutor and a User agree on video lessons, the contract shall be executed directly between the Tutor and the User (hereinafter the “Tutor Contract”). The Tutor receives a confirmation from GoStudent summarizing the Tutor Contract.
2.3. GoStudent operates the Platform and arranges Tutor Contracts on behalf of Tutors for Users of the Platform. In addition, GoStudent offers certain services in connection with the onboarding of Users. However, GoStudent itself does not become a party to the Tutor Contracts executed between Users and Tutors.
2.4. GoStudent may also provide other services via the Platform (e.g. a homework chat or a free trial lesson to test video lessons) where Tutors can earn a bonus under certain conditions. However, GoStudent is not obliged to make such offers available or to offer a bonus for them.
REGISTRATION, CONSENT OF THE LEGAL REPRESENTATIVE
3.1. Use of the Platform requires a corresponding registration. In the course of registering for the Platform, the Tutor shall be required to accept these T&Cs. Use of the Platform as a Tutor or User is reserved for registered persons. Registration is free of charge.
3.2. In the course of registration, the Tutor must provide all information completely and truthfully and update it immediately in the event of any changes.
3.3. There is no right to registration on the Platform. GoStudent reserves the right to refuse to register a person as a Tutor without stating the reasons or to exclude already registered Users from using the Platform without giving reasons.
3.4. In order to use chargeable services via the Platform, Users and Tutors must be at least 18 years old. If a User or Tutor has not yet reached the respective minimum age, the prior consent of the person’s legal representative is required.
3.5. GoStudent will provide the Tutor with access to the Platform by transmitting access data to the mobile phone number provided by the Tutor and creating a personal user account. In this regard, the Tutor is obliged to provide GoStudent with an email address to which documents can be sent to the Tutor. If this email address changes, the Tutor must notify GoStudent immediately by providing the new email address to [email protected].
APPOINTMENT OF GOSTUDENT TO ACCEPT PAYMENT
4.1. The Tutor hereby instructs GoStudent to present the subject knowledge they offer on the Platform and to provide them with opportunities to consummate Tutor Contracts via the Platform. However, as a non-party to the Tutor Contracts, GoStudent cannot guarantee that Tutor Contracts are actually arranged.
4.2. GoStudent is entitled to accept payments in the name and on account of Tutors and acts as the Tutors authorized representaive and agent for the limited purpose of accepting payments on the Tutors’s behalf. As a result, GoStudent’s receipt of the payment from the User will be considered payment to the merchant and satisfy and extinguish the payment obligation of the User to the Tutor. Upon GoStudent’s receipt of the funds paid by a User, the Tutor is obligated to provide services pursuant to the Tutor Contract, unless otherwise stated in these Terms and Conditions.
RIGHTS AND OBLIGATIONS OF TUTORS
5.1. Tutors can register on the Platform to offer video lessons. During registration, Tutors indicate in which subject areas (e.g. school subjects) they would like to offer video lessons. If requests for video lessons in a relevant subject area are received from Users via the Platform, GoStudent may notify a Tutor; however, GoStudent has no obligation to do so and the Tutor has no obligation to respond to requests for video lessons.
5.2. There is no employment or freelance service relationship between a Tutor and GoStudent. Tutors are not subject to instructions from GoStudent and act as independent contractors when holding video lessons. They are also not authorized to represent GoStudent in legal transactions.
5.3. Tutor Contracts are executed between a Tutor and a User, taking into account the relevant provisions of these T&Cs.
5.4. Users can consummate a Tutor Contract with a Tutor by purchasing credits for video lessons via the Platform. Credits for video lessons can be purchased in the form of hourly packages. Credit for hours that are unused within the specified period will be waived. Tutor Contracts may be extended automatically on the same terms and conditions (units, period and price) after the agreed period of time if the User does not object to this in due time before the end of the term. The use of the Platform by Tutors requires application of the tariffs for the lessons listed on the Platform. The current prices for the lessons are published on the Platform; upon consummation of a Tutor Contract, these tariffs are deemed to have been agreed at then-present terms and on the conditions set forth in these T&Cs between the Tutor and GoStudent. GoStudent reserves the right to change the tariffs of the credits to be purchased (packages) and the commissions to be paid at any time by posting notice thereof on the Platform. Such changes only apply to lessons / packages that are brokered after such a change.
5.5. The processing of the credit payment to the Tutor is administered by GoStudent. Unless otherwise agreed, after a video lesson has been held, the Tutor will be credited with the credit for that lesson to be paid out to their credit account (subject to clause 6.2).
5.6. The Tutor pays GoStudent a commission for each arranged Tutor Contract. The entire commission claim arises upon consummation of the Tutor Contract. Payment of the commission to GoStudent is done as follows: If the User pays the respectively acquired credit (package) in full upon consummation of the Tutor Contract, the commission is also due in full immediately for payment to GoStudent; if the User pays the respective acquired credit (package) in installments; the commission is also due in partial amounts (pro rata) for payment to GoStudent (at the time of the respective payment by the User). GoStudent is entitled to withhold the commission amounts owed by the Tutor from the User’s payments (or their credit balance).
5.7. After the expiration of a scheduled video lesson, GoStudent will deduct credits from the User’s account and credit the Tutor with the credits minus the GoStudent commission. GoStudent may also deduct credits from a User’s account and transfer the credit, less the GoStudent commission, to the Tutor if the User does not move or cancel a session in a timely manner or does not show up for it. The commission payable to GoStudent by the Tutor in this case may also differ from the commission payable when a video lesson is held.
5.8. If User credits expire because they are not used within the specified time period, GoStudent is entitled to the entire expired credit as a special commission.
5.9. The current commissions shall be announced on the Platform or otherwise made known to the Tutor.
5.10. If the User has a repayment claim with regard to acquired but not yet used credit from a Tutor Contract, the proportional GoStudent commission is also cancelled accordingly with the repayment. In this case, the Tutor will be issued with corresponding credit notes for the commissions already invoiced.
5.11. If a Tutor has executed a Tutor Contract with a User, they are obliged to fulfill such a contract in accordance with its terms, paying particular attention to the timely holding of the video lesson. Due to the negative effects on the Platform, penalty payments by the Tutor to GoStudent may also be incurred due to the Tutor’s violation of the obligations arising from the Tutor Contract.
5.12. The Tutor undertakes to comply with these T&Cs in, and observe the legal provisions applicable to, the fulfilment of the Tutor Contract in each case and in particular undertakes to ensure that when posting content on the Platform, the Tutor shall have the corresponding rights of use and shall ensure that such content and its posting on the Platform does not violate any legal regulations, moral standards and/or the rights of third parties (such as copyright, personal rights and trademark rights).
5.13. The Tutor explicitly acknowledges and agrees that any form of re-use of other Tutors’ teaching content, materials and answers (e.g. in homework chat) is prohibited.
5.14. The Tutor undertakes to keep the access data provided by GoStudent confidential. The Tutor is responsible for all activities that originate from their user account.
5.15. The Tutor undertakes to notify GoStudent immediately if there is any suspicion of unauthorized use of their Tutor account. If there is suspicion of unauthorized use of a Tutor account or if a Tutor violates applicable legal regulations or these T&Cs, GoStudent reserves the right to suspend the Tutor’s account and subsequently delete it.
6.1. After a Tutor has successfully registered on the Platform, a credit account (a “credit account”) is set up for them, to which the credits acquired by the Tutor through holding video lessons or providing additional services are credited. No interest is paid on the credit balance.
6.2. The Tutor can view the current balance of their credit balance in their Tutor account. The Tutor can request a payout starting from $150, whereby the entire balance in the credit account is always paid out. GoStudent has merchant accounts with external payment service providers (e.g. Stripe, PayPal, Visa, MasterCard). The Tutor receives payments by bank transfer from a GoStudent merchant account via the respective payment service provider. Payments to the Tutor shall be made once a month, in the calendar month immediately following the month in which the Tutor requested the payment. Payments to the Tutor will be made in the form of a cashless transfer to the Tutor’s most recently specified bank account.
6.3. If the contract between GoStudent and the Tutor is terminated, any credit balance that has not yet been paid out shall be due for payout to the Tutor at the end of the next calendar month.
6.4. Any taxes and duties connected with the payout of the credit balance (e.g. income tax, VAT, social security contributions) must be declared and paid by the Tutor themselves. The Tutor undertakes to indemnify and hold GoStudent completely harmless in this regard.
USE OF PLATFORM
7.1. Subject to Section 8.1 of these T&Cs, GoStudent shall use commercialy reasonable efforts to make the Platform available for use 24⁄7. However, there is no procedure that can guarantee that software is error-free based on the current state of technology. GoStudent therefore does not guarantee that the software on which the Platform is based is completely free of errors and that there will be no Platform downtime. Furthermore, the Platform may from time to time be temporarily unavailable due to maintenance work. GoStudent will use commercially reasonable efforts to announce scheduled maintenance work on the Platform in a timely manner. However, GoStudent is not obliged to update the Platform.
7.2. The Platform and the underlying software are copyrighted and may not be used or modified without prior written consent from GoStudent. Likewise, the design of the Platform and in particular the content placed on the Platform (e.g. databases, photos, images, logos, videos, texts, graphics, etc.) are copyrighted or are subject to other laws for the protection of intellectual property and GoStudent retains all right, title and interest in the same.
7.3. GoStudent can make the Platform interactive. This gives Users and Tutors the opportunity to review each other and write their own comments. GoStudent does not check whether the reviews are potentially unfounded or misleading. Tutors undertake to provide only truthful information in the reviews and to observe the all applicable laws and legal regulations as well as these T&Cs in their interactions and engagements on, with and through the Platform. Tutors may only reproduce personal data with the express permission of the person concerned.
7.4. GoStudent reserves the right to delete reviews or other content in whole or in part, especially if they contain unlawful content. However, GoStudent does not undertake to review Platform content generated by Users and/or Tutors before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, GoStudent assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. GoStudent has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7.5 Tutor expressly acknowledges and agrees that in particular, but not exclusively, the distribution of the following content via the Platform is prohibited:
a. racist, pornographic, obscene, insulting, vulgar, violent, belittling and immoral content;
b. insulting, hurtful comments or threats against other Users, Tutors or third parties;
c. content which impairs or endangers children or young people in their development or upbringing or which violates human dignity or other legally protected interests;
d. content that could lead others to criminal or other immoral acts;
e. copied content to which the Tutor has no rights or which was provided by other registered persons;
f. content that poses a security risks, such as viruses;
g. Sending unsolicited advertising emails, junk emails, other unsolicited messages, so-called email bombs etc. to other Users, Tutors or third parties or setting links to third-party pages for distribution purposes.
7.6. The Tutor grants GoStudent the free, non-exclusive, perpetual and unrestricted right to use, edit, copy and distribute reviews, photos, graphics, texts, audio messages and videos posted on the Platform for provision on the Platform and for advertising the Platform.
7.7. The use of tools for data analysis of the Platform content is not permitted.
7.8. GoStudent is entitled at any time to restrict or completely discontinue the services offered via the Platform without stating the reasons. Significant changes or restrictions to the services offered will be announced on the Platform in good time.
7.9. A restriction or discontinuation of the services offered by GoStudent does not change these T&Cs. These T&Cs may only be modified in accordance with the terms and procedure provided in Sections 1.3 and 1.4.
WARRANTY, WITHDRAWAL FROM TUTOR CONTRACT
8.1. GOSTUDENT HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. GOSTUDENT DOES NOT WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE PLATFORM.
8.2. If a Tutor has not or only partially fulfilled a Tutor Contract (including failures such as non-appearance or late arrival of tutor, lack of professional competence, inappropriate treatment of User), the User can make a complaint to [email protected] GoStudent can check the quality of a video lesson in such cases and may also try to facilitate resolution between the User and Tutor, but is not obligated to do so. The User and Tutor agree that GoStudent will have the final say on the existence and amount of any credit refund. If GoStudent considers the User’s complaint justified, the Tutor’s claim to the applicable User’s credit balance shall be cancelled. Any credit already allocated to the Tutor’s credit account for the unit shall be deducted in this case. If the Tutor does not have sufficient credit in their credit account at this time, GoStudent reserves the right to deduct any credit required later from the credit account or to demand the amount back in cash.
8.3. In case of serious violations of a Tutor or in case of non-fulfilment of the Tutor Contract, an attempt shall be made to find a replacement Tutor for the User at the User’s request. If a replacement Tutor is found, the Tutor Contract can be transferred to the replacement Tutor. The replacement Tutor may subsequently hold video lessons in accordance with the existing applicable terms (e.g., remaining units/agreed Contract Period); they will also owe the commission payable to GoStudent for the Tutor Contract they have taken over (for the units provided). If no replacement Tutor can be found, the User has the right to terminate the Tutor Contract.
9.1. GOSTUDENT AND ITS MEMBERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR SPECIAL DAMAGES OF ANY NATURE ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT OR (II) ANY DIRECT DAMAGES IN EXCESS OF THE UNDISPUTED FEES ACTUALLY OWED TO TUTOR BY GOSTUDENT UNDER THESE T&CS THAT REMAIN UNPAID IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.2. GoStudent shall assume no liability for the fulfilment of contractual or other obligations of Tutors towards Users. In particular, GoStudent is not liable for the acts or omissions of any Users, including any damage incurred by the Tutor in connection with the performance of a Tutor Contract. These claims must be made directly to the respective User.
9.3. GoStudent shall not be liable for the content provided by Users or Tutors on the Platform or the content of websites to which GoStudent is linked. For illegal, incorrect or incomplete content and especially for damage resulting from the use or non-use of such information, the provider of the content and/or third-party website to which GoStudent is linked is solely liable. The Tutor is therefore solely responsible for carefully reviewing and evaluating the content of other Users and Tutors.
EXEMPTION FROM LIABILITY ON THE PART OF TUTOR
10.1. The Tutor undertakes to indemnify and hold GoStudent completely harmless if GoStudent is held liable by Tutors for claims arising from Tutor Contracts or by other Tutors, Users or third parties for civil or criminal, judicial or extrajudicial claims arising from the content posted by the Tutor on the Platform. The indemnification also includes penalties, damages and all costs of legal defense.
11.1. All notices to GoStudent shall be made as follows to e-mail to [email protected] or by mail to GoStudent, 600 Congress Ave, Austin, TX 78701.
12.1. The contractual relationship between GoStudent and the respective Tutor regarding the use of the Platform begins as set forth in point 1.2 of these T&Cs above. Both the Tutor and GoStudent are entitled to terminate this contract at any time with immediate effect, in which case the registration as a Tutor must be deleted. However, GoStudent must still be able to process current tutor contracts in an orderly manner.
APPLICABLE LAW, PLACE OF JURISDICTION
13.1. The validity, interpretation and performance of, and any dispute arising under, these T&Cs shall be governed by the laws of the State of Delaware without reference to the choice of law provisions of any jurisdiction, and excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of law rules of private international law. Each of GoStudent and Tutor hereby (i) agrees that any legal proceeding arising out of or relating to these T&Cs shall be instituted in the courts located in Austin, Texas, and (ii) consents to the personal and exclusive jurisdiction of such courts. This choice of law shall apply only to the extent that a party is not thereby deprived of the protection afforded by the mandatory provisions of the law of the country in which such party has habitual residence.
13.2. Any controversy or claim arising out of or relating to these T&Cs shall be settled by arbitration in accordance with the Rules of the American Arbitration Association in effect at the time such arbitration is instituted. The arbitration shall be governed by the laws of Austria. Unless the parties to the arbitration shall otherwise agree, arbitration shall be decided within 45 days of commencement. Unless all parties otherwise agree to a different place of arbitration, the place of arbitration shall be Austin, Texas. Each party retains the right to seek judicial assistance (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration; (iii) to seek injunctive relief in the courts of any competent jurisdiction as may be necessary or appropriate; and (iv) to enforce any decision of the arbitrator, including the final award. The arbitration award shall be final and binding upon the parties thereto and may be entered in any court having jurisdiction. Each party shall bear its own expenses in connection with such arbitration, and one-half of the fees and expenses of the American Arbitration Association and all arbitrators unless any arbitration award shall otherwise provide. This choice of law shall apply only to the extent that a party is not thereby deprived of the protection afforded by the mandatory provisions of the law of the country in which such party has habitual residence.
14.1. Should individual provisions of these T&Cs be or become invalid, this shall not affect the remaining content of the T&Cs. The invalid provision shall be replaced by a provision that is legally binding and comes closest to the User’s and GoStudent’s economic purpose.
14.3. A “third party” within the meaning of these T&Cs is any natural or legal person who is different from the person registered as a Tutor and from GoStudent, even if legal and/or economic relationships should exist with such a person.
14.4. Unless otherwise stipulated in these T&Cs, neither a Tutor nor GoStudent may transfer or assign the provisions and rights from these T&Cs to third parties without the written consent of the other party.