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Terms and Conditions of Use

By registering and using Wachywachy.com you agree and accept the following terms and conditions of use:

1. 1. Definitions:
   1. “Terms of service” refers these Terms of Service of using the Wachywachy.com service.
   2. ‘Tutor’ refers to all users registered through the Tutor’s registering process or those who have activated their Teaching account in Wachywachy.com
   3. ‘User’ refers to all users registered through the User’s registering process or those who have activated their User account in Wachywachy.com.
   4. “Service” refers the set of services provided by the Wachywachy.com platform, particularly the service allowing registered Users to contact registered Tutors for the purpose of practice and learn a language.
2. Registering in the WachyWachy.com is voluntary and free of charge. Register as a member of Wachywachy.com and confirming that you have read these terms and conditions you are notifying your acceptance of these terms and conditions and agree that they shall be binding in all circumstances and shall be applicable to your use of the service provided by Wachywachy.com.
3. Registering as a “User”, you warrant and self certify that you are over 16 years of age and can form legally binding contracts under the applicable law.
4. Registering as “tutor”, you warrant and self certify that you are over 18 years of age and can form legally binding contracts under the applicable law.
5. By agreeing to these Terms and Conditions, Tutors hereby warrant that they are self employed and therefore responsible for compliance with all income tax and other taxes which they should properly account for under the tax jurisdiction applicable to them.
6. Registered Users and Tutors are solely responsible for the content and accuracy of all information published by them on Wachywachy.com.
7. Wachywachy S.A.S. reserve the right to terminate the membership of any registered User or Tutor for not respect any of the clauses of this contract. No refunds, payments or compensation of any kind will be paid to members whose membership has been terminated under this condition. All registered Tutors and Users can at any time terminate the membership in WachyWachy.com through the functionality available in the admin section of their profile. In case of termination request, no refunds, payments or compensation of any kind will be paid to the member once the membership has been terminated.
8. All registered Tutors and Users agree not to post, distribute, publish or transmit material which is offensive, including offensive language, photography or any other material of an offensive or sexual nature. Breach of this condition by any user will result in termination of that members registration and may result in the appropriate authorities being notified.
9. Wachywachy S.A.S. reserve the right to monitor communications between all registered members for the purposes of ensuring the integrity and security of Wachywachy.com and to ensure the safety of all members of Wachywachy.com.
10. By accepting these Terms and Conditions, all registered Users agree to contact with registered Wachywachy.com Tutors through the Wachywachy.com website and to the payment of all fees due to WachyWachy S.A.S. for facilitating such contact. Any action taken by a registered User to arrange tuition time with a registered Wachywachy.com Tutor through any other means such that a fee is not paid to WachyWachy S.A.S., may result in the termination of both that User’s membership and that of the Tutor concerned, and or legal action against that User or the Tutor concerned for recovery of any monies deemed owing to WachyWachy S.A.S.
11. By accepting these Terms and Conditions, all registered Tutors agree not to contact any registered Wachywachy.com User either directly or indirectly for the purpose of arranging tuition time with that User through any mechanism other than the Wachywachy.com website. All registered Tutors agree not to engage in or promote any activity with the intention of arranging tuitions with a User outside of the Wachywachy.com site. Activity of this nature is specifically prohibited under our terms of service and undermines the trust, security and legitimacy of the Wachywachy.com website. Activity specifically not permitted includes: Communication via email, Skype or other means with the intention to schedule and arrange a tuitions with a User in a way which is intended to circumvent our platform. Placing contact information (including URLs and images) on your profile which directly or indirectly promote a service outside of the Wachywachy.com web site.
12. All registered Tutors agree to WachyWachy S.A.S. acting as agent for them for the purposes of get Users contacting them to perform tuitions. All fees charged by WachyWachy S.A.S. in connection with the platform facilitating the tuition with registered Users are due solely from the registered Tutor who offers the tuition. This condition shall not however restrict WachyWachy S.A.S.’s ability to seek to recover any monies owed to the company in connection with tuition lessons under Condition 9 or 10 of these Terms and Conditions from either the registered Tutor or User concerned.
13. It is the sole responsibility of each registered User and each registered Tutor to ensure that all personal details, including contact email addresses are up to date and accurate at all times. By accepting these terms and conditions all registered Users and Tutors hereby release Wachywachy.com and WachyWachy S.A.S. from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to inaccurate personal information being held on the Wachywachy.com website, systems and supporting infrastructure and hardware.
14. WachyWachy S.A.S. request that all parties seeking to register on Wachywachy.com verify their contact email details as part of the registration process. WachyWachy S.A.S. undertake this process to ensure that a valid email address is supplied.
15. Neither Wachywachy.com nor WachyWachy S.A.S. is responsible for the delivery, quality or performance of any individual tuition lesson performed through Wachywachy.com.
16. By accepting these terms and conditions all registered Tutors hereby agree that by placing a profile on Wachywachy.com they hold themselves out to be willing to contract directly with any registered User, for the supply of language tuitions and associated support and services.
17. All registered Tutors accept that it is their sole responsibility for invoicing a User directly for their services performed in respect of any individual tuition. WachyWachy S.A.S. is responsible for collecting and distributing payment from a User to a Tutor. The fee charged by WachyWachy S.A.S. in terms of administration fee is 15% of the amount collected from the User for the Tutor’s service. WachyWachy S.A.S. won’t take in charge any fee charged to the Tutor by Paypal or the tutor's bank for collect the payment.
18. When the Tutor’s account exceeds $ 100, the Tutor could ask a payment for the whole credit amount. WachyWachy.com will pay the payments through Paypal within approximately thirty (15) days from the payment request.
19. At its sole discretion, WachyWachy S.A.S. may change at any time its administration fee and / or payments policy.
20. To communicate its disagreement with any of the payments made, the Tutor shall notify in writing to admin@wachywachy.com within thirty (30) days from receipt of such payment. The absence of such notification shall constitute a waiver by you of any claim related to such disputed payment.
21. Wachywachy.com and WachyWachy S.A.S. facilitate an online platform for language students and language Tutors. Neither Wachywachy.com nor WachyWachy S.A.S. are responsible for checking the validity of any individual registered Tutor’s qualifications or background. By accepting these terms and conditions all registered Users and Tutors hereby release Wachywachy.com and WachyWachy S.A.S. from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out legal contracts or other agreements or communications of whatever kind between registered members be they Tutors or Users.
22. WachyWachy S.A.S. is not responsible for the quality of tuition services provided by Tutors registered on Wachywachy.com. Tutors and Users contract directly with each other with Wachywachy.com facilitating the transaction on the part of the User. Where there is a dispute by a registered User over the quality, duration, standard or any other matter whatsoever with respect to a tuition or any associated service performed by a registered Tutor, this is a matter to be resolved between the registered User and the registered Tutor directly as the two principles to the contract. No refunds will be made by WachyWachy S.A.S. whatsoever in relation to the quality, duration or standard of the tuition provided, or any other issues which are under the control or influence of the Tutor concerned.
23. WachyWachy S.A.S. won't be held responsible for the quality of the Skype interface or the quality of communications between a User and a Tutor using Skype.
24. The tutoring service payment amount is calculated by the application’s counter. If the operation of the counter fails, the Tutor he User shall notify it in writing to admin@wachywachy.com . WachyWachy S.A.S. will investigate the case and contact the User or Tutor later with the results of the investigation. If it’s demonstrated that the failure has affected the User or Tutor account balance, it will be updated.
25. Wachywachy.com and WachyWachy S.A.S. reserve the right to amend the Terms and Conditions of Use at any time and to notify all users of the service via either email correspondence or other appropriate means.
26. The provisions of this Agreement shall be governed by the laws of France. The provisions of this agreement are severable and, if any provision of this User Agreement is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced.