General Terms and Conditions (hereinafter referred to as 'GTC')
1. SCOPE OF APPLICATION
1.1. The company, which is based in Vienna (hereinafter referred to as 'ClickTutor') includes a digital provision of tutoring services under the domains ClickTutor.me (hereinafter referred to as 'platform').
1.2. These general terms and conditions (hereinafter referred to as 'GTC') apply to all persons registered as users on the platform (hereinafter referred to as “user”). The rights and obligations of users with regard to visiting and using the platform are standardized in the terms and conditions. Only these GTC apply to the contract between the user and ClickTutor.
1.3. Any terms that deviate from, conflict with, or supplement these T&Cs will only come into effect with ClickTutor's written consent. Otherwise, such terms will not become part of the contract between the user and ClickTutor.
1.4. ClickTutor reserves the right to change the content of these GTC at any time without giving reasons, whereby a change to the GTC will be announced by e-mail. If the user uses it after he has taken note of the changed terms and conditions, the user agrees to the changes.
1.5. The information regarding the protection of the user's personal data can be found in the data protection declaration on the platform at www.ClickTutor.me/datenschutz.
2. SUBJECT OF THE CONTRACT, SPECIFICATION OF SERVICES
2.1. Users and persons registered as tutors (hereinafter referred to as 'teachers') can make an agreement regarding the units for teaching via video (hereinafter referred to as 'video lessons').
2.2. All persons who want to teach their qualities as a teacher via the platform video lessons are authorized to register as a teacher. There is no requirement for a university degree in teaching. The platform expressly and clearly identifies the services of the teachers that justify a fee.
2.3. A direct contract is created between the user and the teacher (hereinafter referred to as 'teacher contract') as soon as video lessons are agreed upon by both. The contract is exclusively between the user and the teacher, in no case does ClickTutor itself become a party to the contract.
2.4. ClickTutor runs the platform. Their only function is to match teachers to users via the platform. In this regard, ClickTutor provides certain services designed to facilitate onboarding (read: the process of onboarding and onboarding new users and teachers) and to take steps to process teacher contracts faster and better. ClickTutor provides help services, which may take the form of, but not limited to, providing chats or offering free trial lessons. However, there is no obligation on the part of ClickTutor to perform such services.
2.5. ClickTutor reserves the right to accept payments on behalf of teachers.
3. REGISTRATION, LEGAL REPRESENTATIVE CONSENT
3.1. In order to use the platform, ClickTutor requires that people register on the platform in order to be considered users. Use of the platform is exclusively associated with registration. As part of the registration, the user accepts the validity of the terms and conditions. Registration is free.
3.2. In the course of registration, the user undertakes to provide all information required for registration completely and truthfully. If any changes appear later, they must be updated as soon as possible.
3.3. Individuals are not entitled to register on the platform. ClickTutor is entitled to refuse registration without giving reasons or to exclude already registered users from using the platform without giving reasons. If there is a credit that has been offset and not yet paid out, ClickTutor will pay out the credit to the teacher concerned to their bank account, which originates from a credit institution based in the SEPA area. After ClickTutor has asked him in writing to do so, the teacher is obliged to provide these bank details within 7 days (also possible by e-mail).
3.4. Registration on the platform is not tied to any age. However, the prior consent of the legal representative is required to use the platform if the user is under the age of 14 or the teacher is under 18 years of age.
3.5. In the course of registration, the user will be sent access data in order to be able to use the platform. To do this, the user must provide an email that is linked to a personal user account on ClickTutor. Documents can also be sent to this e-mail address. If the user has a different email address, the user is obliged to immediately notify ClickTutor (clicktutor.me[at]gmail.com) of the changed email address.
4. TEACHING CONTRACT FOR VIDEO LESSONS, PURCHASE OF CREDITS
4.1. The terms and conditions extend their validity to the teacher contracts that exist between the user and the teacher.
4.2. In order to be able to agree on a teacher contract, the purchase of credits, which are presented on the platform, is required. ClickTutor is responsible for disbursing the credit to the relevant teacher.
4.3. Credit for the video lessons takes the form of hourly packages, among other things. It is possible that these lesson packages are only valid for a certain period of time, which means that unused hours remaining after the intended period will be forfeited (eg 1 month after the end of the lesson package).
4.4. The contract is automatically extended after the agreed period if no objection is raised by the user within one week before the end of the term.
4.5. By clicking on the 'Order now for a fee' button, a binding offer is made to the (previously selected) teacher to conclude a teacher contract and to purchase the necessary credit and thus an offer to conclude a contract that is subject to a fee. The corresponding acceptance is designed as a confirmation message from ClickTutor (on behalf and in the name of the respective teacher) to the email address of the teacher.
4.6. Before the conclusion of the teacher contract, the user is able to subject all information to a complete re-examination and, if necessary, to change it.
4.7. The payment by the user takes place on the merchant accounts (merchant accounts) with external providers of payment services (e.g. Stripe, PayPal, Visa, MasterCard, Paysafecard, Adyen), which ClickTutor announces. By paying, the user acquires credit to receive a video lesson with the selected teacher.
4.8. In accordance with § 7 Para. 3 Distance and Away Business Act (FAGG), the user receives confirmation of the concluded teacher contract together with the information specified in § 4 Para by email).
5. VIDEO LESSONS, AUTOMATIC RENEWAL
5.1. The extent and design of the teaching units depend on the different hour packages that have to be used within a certain period of time. The packages differ in price, in the number of units and in the limited time period for consumption.
5.2. The prices of the hourly packages can be seen on the platform. A change is possible at any time, the amount of which, however, only becomes valid after a new purchase.
5.3. The hourly packages, which are used to purchase credit, are paid for in advance and/or monthly in installments via the selected payment provider. In the course of purchasing credit, the user confirms that ClickTutor may deduct the respective amount from the specified account.
5.4. The contract is extended if ClickTutor sends an inquiry to the user 14 days before the end of the intended period of time as to whether the same package that was previously ordered with the units described and the intended period of time should be purchased again. If there is no need, the user must fill out a cancellation form no later than 7 days before the end of the teacher contract. Otherwise an extension will take place. The specific structure of the payment depends on the agreement selected in the original teacher contract (see point 5.3.)
5.5. It is also possible for teachers to offer free and/or paid live group courses that are one-time purchases and not packages.
6. RIGHTS AND OBLIGATIONS OF USERS
6.1. The user accepts that ClickTutor offsets the user's credit balance by the agreed price if the video lesson is used via the platform after the conclusion of the teacher contract. ClickTutor counts this as a credit for the teacher. The user bears his own risk and the risk of using the hourly packages. If not fully used, ClickTutor will deduct the credit from the user's account.
6.2. The user has the right to request a postponement 50 minutes before a specifically agreed video lesson. There will be an automatic and free rebooking to the newly established date if the teacher agrees to the postponement request at least 30 minutes before the start of the unit. The teacher has the possibility (by means of an agreement with the user) to rebook a new lesson 30 minutes before the originally scheduled start of the lesson. ClickTutor is entitled to set off the intended amount of the user's credit negatively if the cancellation or postponement is not made in good time and does not take place in accordance with the General Terms and Conditions, or if the user does not appear at the scheduled time. The user shows up on time if they join the lesson 10 minutes before or after the lesson starts. It is not possible to refund the money.
6.3. The access data that ClickTutor sends to the user must be kept secret by the user. The user is responsible for all activities that occur during his log-in to his user account.
6.4. If the user suspects that the user account is being misused, the user must notify ClickTutor immediately. ClickTutor can have the user account blocked if there is a suspicion of unauthorized use of the account or a violation of the legal norms or these GTC.
6.5. A booked unit consists of a lesson of 50 minutes.
6.6. ClickTutor is indemnified if appointment discrepancies (e.g. bookings in the past, double bookings, etc.) occur, since the user is responsible for coordinating the appointment bookings himself.
7. INFORMATION ABOUT THE TEACHERS
7.1. As part of the registration, the teachers are obliged to list the subject areas (e.g. school subjects) in which the video lessons are offered. ClickTutor may notify the teacher if the user makes a request in the subject area, but ClickTutor is not obligated to do so. Likewise, the teacher is not obliged to accept the requests of the users.
7.2. The user is not entitled to decide which teacher will hold the video lesson. The selection is determined solely by the times the user specifies on the platform and which teacher is available for these times.
7.3. ClickTutor is only used to mediate tutoring units between teachers and users. There is neither an employment contract nor a freelance service between ClickTutor and the teachers. ClickTutor cannot give instructions to the teachers. The teachers hold their video lessons at their own risk and work independently. Furthermore, you cannot legally represent ClickTutor.
8. USE OF THE PLATFORM
8.1. In principle, the platform is available 24 hours a day, 7 days a week to be used by teachers and users. However, according to the current state of the art, there is no procedure to ensure that the software is error-free. ClickTutor is therefore not liable for defects that occur in connection with the software and for platform failures. If the platform requires maintenance, the platform cannot be provided in a previously announced period. Planned maintenance work will be announced in advance on the platform or via e-mail. However, there is no obligation for ClickTutor to update the platform.
8.2. There is copyright protection for the platform and its software. ClickTutor's prior consent is required to extend or change the right of use previously granted. Copyright also extends to the design and content of the platform (e.g. images, photos, databases, logos, graphics, videos, texts, etc.), unless otherwise indicated.
8.3. ClickTutor has the option of subjecting the platform to an interactive design. Consequently, on the platform for users and teachers a mutual assessment and the chance to create their own contributions come into consideration. ClickTutor does not check whether the assessments are not tenable or are subject to a distorted reality. The user is obliged to only write truthful reviews and to comply with the legal standards and those of the General Terms and Conditions. Users may only reproduce personal data if the person concerned has expressly consented to this.
8.4. At ClickTutor's discretion, it may delete, in whole or in part, any reviews or other Submissions, particularly those texts that contain objectionable or unlawful content.
8.5. In prohibiting the submission of inappropriate contributions, the user expressly agrees, primarily - but not exclusively - to circulate contributions via the platform that ... depict:
Glorifying or trivializing violence and immoral, obscene, insulting, racist, pornographic, vulgar , content;
Hurtful, abusive threats or statements made against other users, teachers or third parties;
Contributions that impair or endanger the development or upbringing of young people or that affect or disregard human dignity or other protected legal interests;
Text excerpts and other content that encourage others to commit criminal or otherwise immoral acts;
Copied content that the teacher has prohibited from forwarding or that other registered persons have circulated;
Content that creates a security risk, including but not limited to viruses;
Advertising in the form of links to third party sites for sales purposes, email, junk email, other unsolicited communications (such as mail bombs) to teachers, other users or third parties.
8.6. ClickTutor has the perpetual, spatially unrestricted, royalty-free, non-exclusive right to use, reproduce, edit and distribute all content (e.g. reviews, photos, graphics, text, audio messages and videos) inserted into the platform set up and apply.
8.7. The user is not allowed to use tools related to data analysis of the contents of the platform.
8.8. ClickTutor is free to restrict or even discontinue its services via the platform without giving reasons. Monumental changes or limitations of the previously used services will be announced in a timely manner via the platform and/or by e-mail. Such a change has no effect on the GTC, let alone a change. This takes place according to point 1.4.
9. WARRANTY, WITHDRAWAL FROM THE TEACHING CONTRACT
9.1. The statutory provisions regarding the warranty are effective between the user and ClickTutor.
9.2. The user is entitled to submit a justified complaint to ClickTutor if the teacher does not fulfill his/her duties or his/her function as a teacher, i.e. does not comply with the teacher contract in whole or in part. This can be expressed by the teacher not showing up, being late, not having the qualifications and interacting inappropriately with the user. ClickTutor is entitled to review the methods and behavior of the participants in the video lesson and to temporarily promote an attempt at mediation between the user and the teacher. The teacher and the user expressly accept that ClickTutor itself will assess the existence and amount of a possible claim for a credit refund. If ClickTutor finds the complaint raised by the user to be justified, a credit will be made to the user's credit for one video lesson unit. In contrast, this unit is offset against the teacher's credit account.
9.3. If the teacher violates the teacher contract to a significant extent or does not fulfill it at all, the user will attempt to find a new teacher for the user. If a replacement teacher is found, the initially agreed terms of the teacher contract (remaining units/scheduled period) will remain in place. If no substitute teacher can be found within a suitable period of time, the user is entitled to extraordinarily terminate the teacher contract in accordance with the General Terms and Conditions.
10. LIABILITY
10.1. Regardless of the legal reason, ClickTutor is only liable for damages in the event of gross negligence, i.e. gross negligence or intent. Apart from personal injury, ClickTutor is therefore not liable for slight negligence.
10.2. ClickTutor assumes no liability for the fulfillment of contractual or other obligations of the teachers towards the users. In particular, ClickTutor is not liable for the availability of teachers or for any damage to the user that arises in connection with the implementation of a teacher contract. With regard to the reimbursement of the credit used for a unit of video lessons, a user must proceed in accordance with point 9.2. All further claims are to be asserted directly against the respective teacher.
10.3. ClickTutor is not liable for the Tutor's compliance with its contractual or other obligations or obligations towards the Users. Above all, ClickTutor assumes no liability for the availability of a possible teacher or for any damage to the user that occurs with regard to the processing of the teacher contract. For a credit due to the failed video lesson, the user must, according to 9.2. proceed. Other claims are to be directed and asserted directly against the teacher concerned.
10.4. ClickTutor shall have no liability related to content and websites uploaded by users or teachers to the Platform and linked to by ClickTutor. If there are errors, incompleteness or illegal activities or if damage is caused by (non) use of the content provided, only the provider of the site is liable. Consequently, the user alone is obliged to subject the content to a critical review of the next users and teachers and to evaluate this on their own responsibility.
11. USER INDEMNIFICATION
11.1 The user undertakes to fully indemnify and hold ClickTutor harmless in the event of any civil or criminal, judicial or extrajudicial claims arising from teacher contracts or with regard to the content resulting from the feed content of the website uploaded by any user, teacher or third party. The exemption also includes penalties, damages and any costs related to legal defense.
12. RIGHT OF WITHDRAWAL FOR USERS (TEACHING CONTRACT)
12.1. If the teacher is an entrepreneur within the meaning of the Austrian Consumer Protection Act, the user has the following right of withdrawal against him if a teacher contract is entered into via the platform:
There is no need to give reasons for exercising the right of withdrawal.
The period for exercising the right of withdrawal is 14 days from the day the contract was concluded - (here) a sample of a revocation form. In order to meet the deadline, it is sufficient for the user to transmit the right of withdrawal in the form of a dispatch before the deadline expires.
The user can also send the revocation to the teacher via the platform. If the user makes use of this option, ClickTutor will immediately send the user a confirmation of the revocation that has been received.
12.2. The effects of the revocation are designed in such a way that all incoming payments that existed with regard to the purchase of the credit for the video lessons are returned to the user without delay and no later than 14 days from the day on which he exercised his right of revocation. For this process, the same means of payment is used that the user originally used to purchase the credit.
12.3. Any declaration can also be sent to the following contact details: DI Christian Bartnik, BSc (WU), Marisa-Mell-Gasse 3/1, 1230 Vienna or by email to clicktutor.me[at]gmail.com.
12.4. If the 14-day period for exercising the revocation expires, it is no longer possible for the user to unilaterally terminate the teacher contract and to claim the incoming payments made by him in relation to the purchase of the credit. Each time a credit is purchased, the user expressly consents to ClickTutor being paid a pro rata payment for the services used and flat-rate processing fees if the right of withdrawal is exercised within the open period. The user authorizes ClickTutor to take action ahead of time. This does not affect the right to extraordinarily terminate the teacher contract, which means that the user can claim the amount of the credit that has not yet been consumed.
12.5. In the event of an extraordinary termination by ClickTutor, ClickTutor is entitled to €1,500 if the teacher or the user violates the rules. If users are enticed away by teachers and enticed away for their own purposes, ClickTutor is entitled to compensation of €1,500, which in relation to the damage may be greater than the sum stated.
12.6. If the contract is terminated prematurely, however, the full price will be charged pro rata (i.e. the discounts will not be collected) if a one-off payment for tutoring units was made that was subject to a discount and the units had a minimum contract term of 3 months.
13. CONTRACT DURATION / TERMINATION
13.1. If the user registers successfully on the platform, a contract is formed between ClickTutor and the respective user, who is entitled and obliged to use the platform and other things as described in the General Terms and Conditions. During registration, the user agrees that he has inspected the terms and conditions and agrees to them as part of the contract. The registration data will be deleted if the contract for the use of the platform is terminated with immediate effect with reference to an important reason or if an ordinary termination takes place within a reasonable period of time, which is 1 week before the end of the contract, regardless of the subscription model selected amounts to. Ordinary termination with regard to teacher contracts only takes place through ClickTutor.
13.2. If no teacher is available for a certain subject, but several lessons have been successfully booked with other teachers, there is no possibility of extraordinary termination.
14. GOVERNING LAW, JURISDICTION
14.1. Austrian law applies to all agreements, including the terms and conditions, made with ClickTutor, excluding the UN sales law and the reference norms of international private law. This choice of legal system excludes those provisions that represent a mandatory law of the country in which the user has his habitual residence and grant the user protection. The place of jurisdiction is in Vienna, Austria.
14.2. The subject-matter competent court in Vienna is relevant for all lawsuits that the user asserts against ClickTutor regarding disputes arising from the contractual relationship. The user is also entitled to claim any other legally standardized place of jurisdiction. If the user is sued regarding the contractual relationship whose domicile, habitual residence or place of employment is in Germany, the court that is in the district of the domicile, habitual residence or place of employment of the user is responsible. If a user is sued who does not have one of the three domestic points of contact, the statutory provisions regarding the place of jurisdiction apply.
15. FINAL PROVISIONS
15.1. If conflicting inconsistencies arise between written agreements that differ from the GTC and the GTC themselves, the deviating GTC shall take precedence.
15.2. If individual provisions of these General Terms and Conditions are or become invalid, the other provisions of the General Terms and Conditions are not affected. There is therefore a need to replace the invalid standard with a new provision that is legally valid and that appears to be the best possible for the commercial intentions of both ClickTutor and the user.
15.3. A 'third party' within the meaning of the GTC is any natural or legal person who is neither the user nor ClickTutor. It is irrelevant that a legal and/or economic relationship with the third party is exhausted.
15.4. If there are no differing deviations from the GTC or if consent is not given in writing, the user and ClickTutor are prohibited from assigning or passing on the content of the GTC.
Terms and Conditions
of
ClickTutor.Me for tutors
General Terms and Conditions (hereinafter referred to as 'GTC')
1. SCOPE OF APPLICATION
1.1. The company, which is based in Vienna (hereinafter referred to as 'ClickTutor') includes a digital provision of tutoring services under the domains ClickTutor.me (hereinafter referred to as 'platform').
1.2. These general terms and conditions (hereinafter referred to as “GTC”) apply to all persons registered on the platform as tutors (hereinafter referred to as “teachers”). The rights and obligations of teachers with regard to visiting and using the platform are standardized in the terms and conditions. Only these GTC apply to the contract between the user and ClickTutor.
1.3. Any terms that deviate from, conflict with, or supplement these T&Cs will only come into effect with ClickTutor's written consent. Otherwise, such terms will not form part of the contract between the Tutor and ClickTutor.
1.4. ClickTutor reserves the right to change the content of these GTC at any time without giving reasons, whereby a change to the GTC will be announced by e-mail. If the teacher uses it after taking note of the changed terms and conditions, the teacher agrees to the changes.
1.5. The information regarding the protection of the teacher's personal data can be found in the data protection declaration on the platform at www.ClickTutor.me/datenschutz.
2. SUBJECT OF THE CONTRACT, SPECIFICATION OF SERVICES
2.1. Teachers and persons registered as users (hereinafter referred to as 'Users') can come to an agreement regarding the units for teaching via video (hereinafter referred to as 'Video Lessons').
2.2. A direct contract is created between the user and the teacher (hereinafter referred to as “teacher contract”) as soon as video lessons are agreed upon by both. The contract is exclusively between the user and the teacher, in no case does ClickTutor itself become a party to the contract. ClickTutor confirms the existence of a new teacher contract to the teacher.
2.3. ClickTutor runs the platform. Their only function is to match teachers to users via the platform. In this regard, ClickTutor provides certain services designed to facilitate onboarding (read: the process of onboarding and onboarding new users and teachers) and to take steps to process teacher contracts faster and better. ClickTutor provides help services, which may take the form of, but not limited to, providing chats or offering free trial lessons. However, there is no obligation on the part of ClickTutor to perform such services.
3. REGISTRATION, LEGAL REPRESENTATIVE CONSENT
3.1. In order to use the platform, ClickTutor requires people to register on the platform in order to be considered teachers. Use of the platform is exclusively associated with registration. As part of the registration, the teacher accepts the validity of the terms and conditions. Registration is free.
3.2. In the course of registration, the teacher undertakes to provide all information required for registration completely and truthfully. If any changes appear later, they must be updated as soon as possible.
3.3. Individuals are not entitled to register on the platform. ClickTutor is entitled to refuse registration without giving reasons or to exclude already registered teachers from using the platform without giving reasons. If there is a credit that has been offset and not yet paid out, ClickTutor will pay out the credit to the teacher concerned to their bank account, which originates from a credit institution based in the SEPA area. After ClickTutor has asked him in writing to do so, the teacher is obliged to provide these bank details within 7 days (also possible by e-mail).
3.4. Registration on the platform is not tied to any age. However, the prior consent of the legal representative is required to use the platform if the user is under the age of 14 or the teacher is under 18 years of age.
3.5. In the course of registration, the teacher will be sent access data in order to be able to use the platform. To do this, the teacher must provide an email linked to a personal user account on ClickTutor. Documents can also be sent to this e-mail address. If the teacher has a different email address, the teacher is obliged to immediately notify ClickTutor (clicktutor.me[at]gmail.com) of the changed email address.
4. APPOINTMENT OF CLICKTUTOR AS INTERMEDIARY
4.1. ClickTutor is commissioned by the teacher to make the teacher's relevant expertise in the subject available on the platform and, in contrast, ClickTutor offers opportunities to ensure the processing and formation of teacher contracts. However, ClickTutor does not guarantee that teacher contracts will actually be arranged.
4.2. ClickTutor reserves the right to accept payments on behalf of teachers.
5. TEACHERS' RIGHTS AND OBLIGATIONS
5.1. As part of the registration, the teachers are obliged to list the subject areas (e.g. school subjects) in which the video lessons are offered. ClickTutor may notify the teacher if the user makes a request in the subject area, but ClickTutor is not obligated to do so. Likewise, the teacher is not obliged to accept the requests of the users.
5.2. ClickTutor is only used to mediate tutoring units between teachers and users. There is neither an employment contract nor a freelance service between ClickTutor and the teachers. ClickTutor cannot give instructions to the teachers. The teachers hold their video lessons at their own risk and work independently. Furthermore, you cannot legally represent ClickTutor.
5.3. The terms and conditions extend their validity to the teacher contracts that exist between the user and the teacher.
5.4. Credit on the part of the user takes the form of hourly packages, among other things. It is possible that these hourly packages are only valid for a certain period of time, which means that any unused hours remaining after the allotted period will be forfeited. The contract is automatically extended after the agreed period if no objection is raised by the user within one week before the end of the term. The prices of the hourly packages can be seen on the platform. A change is possible at any time, the amount of which, however, only becomes valid after a new purchase.
5.5. The teacher agrees to pay commission back to ClickTutor for each teacher contract referred. The right to claim the commission arises at the time the teacher contract is concluded. ClickTutor is entitled to withhold the corresponding amount of commission from the user's payouts. The amount depends on the following: If the user has paid out the acquired credit in full, the payment of the full amount of the commission is due at the same time. If the user has paid out the acquired credit in installments, the corresponding partial amount of the commission is always due at the time of the installment payment.
5.6. If a unit of the video lesson is charged, the price will be deducted from the user's account and credited to the teacher as a credit after deduction of the commission. It is possible for ClickTutor to carry out a negative offset from the user's credit and to grant a credit to the teacher, less the commission, if the user violates his/her obligations with regard to meeting appointments (no timely postponement or cancellation, non-attendance, etc.). In this regard, there is therefore a possible deviation from the amount of the commission payment.
5.7. As a special commission, ClickTutor has the right to withhold all unused credit from the user if the credit is not used within the prescribed time limit.
5.8. The amount of the current commissions will be communicated to the teacher on the platform or by e-mail or by other means.
5.9. If the following case exists that the user has a claim for reimbursement with regard to the credit that was purchased but not used, the (proportional) commission claim expires (subsequently). In this case, the teacher will receive a corresponding credit for the commissions already charged.
5.10. In the event that a teacher contract is concluded between the user and the teacher, the teacher's obligation is in particular to organize and hold the video lessons on time and on schedule. The teacher is only entitled to withdraw from the teacher contract if the mandatory legal provisions are observed or if the user gives his or her consent in this regard. If negative effects or influences occur on the platform or if the teacher contract is violated, the teacher can be asked to pay a mandatory penalty.
5.11. In his activities, the teacher may not violate the legal provisions that exist with regard to the fulfillment of the teacher contract, nor the rights of use that were granted to him with regard to the use of the platform. The provision of content by the teacher is also subject to the criteria of legal compliance and good morals. These must also protect the rights of third parties (such as personality, copyright and trademark rights).
5.12. The teacher is not allowed to obtain and/or reuse teaching content, answers (e.g. in the homework chat), documents or other forms of teaching material from other teachers.
5.13. The access data that ClickTutor sends to the teacher must be kept secret by the teacher. The teacher is responsible for all activities that occur while logging in to his user account.
5.14. If the Tutor suspects that the User Account is being misused, the Tutor must notify ClickTutor immediately. ClickTutor can have the user account blocked if there is a suspicion of unauthorized use of the account or a violation of the legal norms or these GTC.
5.15. The teacher must hold a booked unit, the length of which is 50 minutes.
5.16. ClickTutor is indemnified if there are discrepancies in appointments (e.g. bookings in the past, double bookings, etc.), since the teacher is responsible for coordinating appointment bookings himself.
5.17. In the event of an extraordinary termination by ClickTutor, ClickTutor is entitled to €1,500 if the teacher or the user violates the rules. If users are enticed away by teachers and enticed away for their own purposes, ClickTutor is entitled to compensation of €1,500, which in relation to the damage may be greater than the sum stated.
6. CREDIT ACCOUNT/BILLING
6.1. The teacher registers on the platform to create a user account in the form of a credit account. The credit account enables teachers to hold video lessons or to provide additional services (bonuses). The credit will be credited to the credit account, and no interest will be paid.
6.2. It is possible for the teacher to view the provisional status of the credit account assigned to him at any time. If the balance exceeds € 200, -, the teacher is entitled to request a payment. When the payment is made, the full amount of the available credit is given to the teacher. By the 15th of the month following the teacher's request for payment, the payment will be made in the form of a cashless transfer to the last named account of the teacher.
6.3. If the contract between ClickTutor and the Tutor has been terminated, the amount remaining on the Tutor's balance and belonging to the Tutor will be due by the end of the next calendar month.
6.4. In the event of termination of the contract between ClickTutor and the teacher, any credit that has not yet been paid out is due for payment to the teacher at the end of the next calendar month.
6.5. ClickTutor is fully indemnified and held harmless for the fact that the teacher is responsible for declaring and remitting all taxes and duties associated with the amount to be paid out, if necessary.
6.6. Payment to the teacher is made through merchant accounts with external providers of payment services (e.g. Stripe, PayPal, Visa, MasterCard, Paysafecard, Adyen), which ClickTutor announces and from which ClickTutor makes the transfer.
7. USE OF THE PLATFORM
7.1. In principle, the platform is available 24 hours a day, 7 days a week to be used by teachers and users. However, according to the current state of the art, there is no procedure to ensure that the software is error-free. ClickTutor is therefore not liable for defects that occur in connection with the software and for platform failures. If the platform requires maintenance, the platform cannot be provided in a previously announced period. Planned maintenance work will be announced in advance on the platform or via e-mail. However, there is no obligation for ClickTutor to update the platform.
7.2. There is copyright protection for the platform and its software. ClickTutor's prior consent is required to extend or change the right of use previously granted. Copyright also extends to the design and content of the platform (e.g. images, photos, databases, logos, graphics, videos, texts, etc.), unless otherwise indicated.
7.3. ClickTutor has the option of subjecting the platform to an interactive design. Consequently, on the platform for users and teachers a mutual assessment and the chance to create their own contributions come into consideration. ClickTutor does not check whether the assessments are not tenable or are subject to a distorted reality. The teacher is obliged to write only truthful assessments and to comply with the legal norms and those of the general terms and conditions. Teachers may only reproduce personal data if the person concerned has expressly consented to this.
7.4. At ClickTutor's discretion, it may delete, in whole or in part, any reviews or other Submissions, particularly those texts that contain objectionable or unlawful content.
7.5. In prohibiting the submission of inappropriate contributions, the teacher expressly agrees, primarily - but not exclusively - to circulate contributions via the platform that ... depict:
Glorifying or trivializing violence and immoral, obscene, abusive, racist, pornographic, vulgar , content;
Hurtful, abusive threats or statements made against other users, teachers or third parties;
Contributions that impair or endanger the development or upbringing of young people or that affect or disregard human dignity or other protected legal interests;
Text excerpts and other content that encourage others to commit criminal or otherwise immoral acts;
Copied content that the teacher has prohibited from forwarding or that other registered persons have circulated;
Content that creates a security risk, including but not limited to viruses;
Advertising in the form of links to third party sites for sales purposes, email, junk email, other unsolicited communications (such as mail bombs) to teachers, other users or third parties.
7.6. ClickTutor has the perpetual, spatially unrestricted, royalty-free, non-exclusive right to use, reproduce, edit and distribute all content (e.g. reviews, photos, graphics, text, audio messages and videos) inserted into the platform set up and apply.
7.7. The teacher is not allowed to use tools related to data analysis of the contents of the platform.
7.8. ClickTutor is free to restrict or even discontinue its services via the platform without giving reasons. Monumental changes or limitations of the previously used services will be announced in a timely manner via the platform and/or by e-mail. Such a change has no effect on the GTC, let alone a change. This takes place according to point 1.4.
8. WARRANTY, WITHDRAWAL FROM THE TEACHING CONTRACT
8.1. The statutory provisions regarding the guarantee are effective between the teacher and ClickTutor.
8.2. The teacher has the right to make a reasoned complaint to ClickTutor if the teacher fails to fulfill their duties or their role as a teacher, i.e. fails to comply in whole or in part with the teacher contract. This can be expressed by the teacher not showing up, being late, not having the qualifications and interacting inappropriately with the user. ClickTutor is entitled to review the methods and behavior of the participants in the video lesson and to temporarily promote an attempt at mediation between the user and the teacher. The teacher and the user expressly accept that ClickTutor itself will assess the existence and amount of a possible claim for a credit refund. If ClickTutor finds the complaint raised by the user to be justified, a credit will be made to the user's credit for one video lesson unit. In contrast, this unit is offset against the teacher's credit account.
8.3. If the teacher violates the teacher contract to a significant extent or does not fulfill it at all, the user will attempt to find a new teacher for the user. If a replacement teacher is found, the initially agreed terms of the teacher contract (remaining units/scheduled period) will remain in place. If no substitute teacher can be found within a suitable period of time, the user is entitled to extraordinarily terminate the teacher contract in accordance with the General Terms and Conditions.
9. LIABILITY
9.1. Regardless of the legal reason, ClickTutor is only liable for damages in the event of gross negligence, i.e. gross negligence or intent. Apart from personal injury, ClickTutor is therefore not liable for slight negligence.
9.2. ClickTutor assumes no liability for the fulfillment of contractual or other obligations of the teachers towards the users. In particular, ClickTutor is not liable for the availability of teachers or for any damage to the user that arises in connection with the implementation of a teacher contract. With regard to the reimbursement of the credit used for a unit of video lessons, a user must proceed in accordance with point 8.2. All further claims are to be asserted directly against the respective teacher. ClickTutor is not liable for the Tutor's compliance with its contractual or other obligations or obligations towards the Users. Above all, ClickTutor assumes no liability for the availability of a possible teacher or for any damage to the user that occurs with regard to the processing of the teacher contract. For a credit due to the failed video lesson, the user must, according to 8.2. proceed. Other claims are to be directed and asserted directly against the teacher concerned.
9.3. ClickTutor shall have no liability related to content and websites uploaded by users or teachers to the Platform and linked to by ClickTutor. If there are errors, incompleteness or illegal activities or if damage is caused by (non) use of the content provided, only the provider of the site is liable. Consequently, the teacher alone is obliged to subject the contents to critical examination by the next users and teachers and to evaluate this independently.
10. INDEMNIFICATION BY TEACHER
10.1. It is the teacher's responsibility to indemnify and hold ClickTutor harmless in the event of any civil or criminal, judicial or extrajudicial claims arising out of the teacher's contract or the content arising from the feed content of the website uploaded by any user, teacher or third party. The exemption also includes penalties, damages and any costs related to legal defense.
11. RIGHT OF WITHDRAWAL FOR TEACHERS
11.1. If the teacher is a consumer within the meaning of the Austrian Consumer Protection Act, the teacher has the following right of withdrawal against ClickTutor if the teacher has successfully registered on the platform:
There is no need to give reasons for exercising the right of withdrawal.
The period for exercising the right of withdrawal is 14 days from the day the contract was concluded. In order to meet the deadline, it is sufficient for the teacher to submit the right of withdrawal in the form of an explicit statement (by email to ClickTutor or by post) before the deadline.
The teacher can also send the revocation to ClickTutor via the platform. If the teacher makes use of this option, ClickTutor will immediately send the teacher a confirmation that the revocation has been received.
11.2. Any declaration can also be sent to the following contact details: DI Christian Bartnik, BSc (WU), Marisa-Mell-Gasse 3/1, 1230 Vienna or by email to clicktutor.me[at]gmail.com.
12. CONTRACT DURATION / TERMINATION
12.1. If the teacher successfully registers on the platform, a contract is created between ClickTutor and the respective teacher, which entitles and obliges the user to use the platform and others as described in the GTC. When registering, the teacher agrees that he has inspected the General Terms and Conditions and agrees to them as part of the contract. The registration data will be deleted if the contract for the use of the platform is terminated with immediate effect with reference to an important reason or if an ordinary termination takes place within four weeks of registration. Ordinary termination with regard to teacher contracts only takes place through ClickTutor.
13. GOVERNING LAW, JURISDICTION
13.1. Austrian law applies to all agreements, including the terms and conditions, made with ClickTutor, excluding the UN sales law and the reference norms of international private law. Those provisions are excluded from this choice of legal system that represent a mandatory right of the state in which the teacher enjoys his habitual residence and grant the teacher protection. The place of jurisdiction is in Vienna, Austria.
13.2. The competent court in Vienna is relevant for all lawsuits that the teacher asserts against ClickTutor regarding disputes arising from the contractual relationship. The teacher is also entitled to claim any other legally standardized place of jurisdiction. If the teacher is sued regarding the contractual relationship whose domicile, habitual residence or place of employment is in Germany, the court that is in the district of the domicile, habitual residence or place of employment of the teacher has jurisdiction. If a teacher is sued who does not have one of the three domestic links, the statutory provisions regarding the place of jurisdiction apply.
14. FINAL PROVISIONS
14.1. If conflicting inconsistencies arise between written agreements that differ from the GTC and the GTC themselves, the deviating GTC shall take precedence.
14.2. If individual provisions of these General Terms and Conditions are or become invalid, the other provisions of the General Terms and Conditions are not affected. So there is a need to replace the invalid norm with a new provision that is legally valid and that best suits the economic intentions of both ClickTutor and the teacher.
14.3. A 'third party' within the meaning of the Terms and Conditions is any natural or legal person who is not the same as the teacher or ClickTutor. It is immaterial that a legal and/or economic relationship with the third party is exhausted.
14.4. If there are no differing deviations from the GTC or if no written consent is given, the teacher and ClickTutor are prohibited from assigning or passing on the content of the GTC.