Terms of Use - Bahay Turo

Last Updated: January 1, 2024

A. TERMS OF USE (PARENT)

1. Introduction

Bahay Turo Technologies Inc. (“Bahay Turo,” “we,” “us,” or “our”) owns www.bahayturo.com and any and all associated domains and websites (collectively, “Site”). The Site is an online platform designed to help parents or guardians and students connect to, and book the services of, verified teachers for their children and other services related thereto (collectively, the “Services”).

These Terms of Use (“Terms”) (together with the Privacy Policy, the Parent and Student Code of Conduct and other policies, guidelines, and agreements entered into by you from time to time) are a binding legal agreement between you and Bahay Turo that govern your use of the Services, including the access to, use of, and/or interaction with the Site in seeking tutoring or instructional services (the “Teaching Services”) of an authorized individual (“Teacher”) through the Site. Any reference to “you,” or “your,” shall mean the parent, guardian or student using or accessing the Site and the Services. Any reference to “parent” in the Site shall mean the parent or guardian.

Please read these Terms carefully and thoroughly before using or accessing the Site and/or Services. By using the Site and/or Services, you voluntarily accept, agree or comply with, and be bound by these Terms and applicable laws and regulations.

2. Contractual Relationship

Your access and use of the Site and/or Services constitute your agreement to be bound by these Terms, which establish a contractual relationship between you and Bahay Turo. If you do not agree to these Terms, you may not access the Services. These Terms expressly supersede prior agreements or arrangements with you.

Bahay Turo may amend the provisions in these Terms at any time without prior notice. Such amendments shall be effective after three days from notice through a posting on the Site or direct email to you. Your continued access or use of the Site and/or Services after the effectivity of the amendment constitutes your consent to be bound by these Terms, as amended.

Bahay Turo is an educational technology company which provides the Site and Services. You understand and agree that Teachers provide the Teaching Services directly to the students and the Teachers are not agents, contractors, employees or members of staff of Bahay Turo. Teachers have no authority to bind Bahay Turo or otherwise. Bahay Turo is not a party to the contract between you and the Teachers in the provision of the Teaching Services and the Teaching Services shall not be deemed to be provided by Bahay Turo.

3. Bahay Turo Services and Teaching Services

Scope of Services

The Site is a neutral third-party online platform that connects the person using the Site, which is the parent, guardian or student (collectively, “Users”), at Users’ request, with Teachers to obtain Teaching Services. Bahay Turo’s role is to solely facilitate the availability of the Site and the Services. Bahay Turo does not directly provide the Teaching Services and is neither an agent nor representative of any Teacher or User.

Account Registration and Termination

You may only create and maintain one Bahay Turo account for your immediate family for use and access of the Site and/or Services and shall not share your account or any Services with others. Your account will include the profile/s of your child/children or ward/s. If you are creating an account for a child or children of other parents, you warrant that you are 18 years and older and authorized by the parents or legal guardian of the child/children to provide the personal information of the child/children and to avail of the Tutoring Services for the child/children. You also warrant that the other parents of such child/children do not have their own Bahay Turo accounts. If you are creating an account for your own use to avail of the Tutoring Services, you warrant that you are 18 years and older, and that you do not have an existing profile under your parents’ or guardians’ account. You may not create an account for anyone else unless expressly authorized by the account owner and Bahay Turo.

Any and all information you provide to create an account and profiles of children must be true, accurate, not misleading, current and complete. It is your responsibility to update your account information and profiles to keep them true, current, not misleading, complete and accurate. You hereby authorize Bahay Turo to make any inquiries we consider necessary or appropriate to verify your account information or information or documents you provide. Bahay Turo reserves the right to ask for proof of identity, age or family relationships, and may withhold use of the Services until such time as such proof is provided to the satisfaction of Bahay Turo. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect or if you have multiple accounts in violation of these Terms, Bahay Turo has the right but not the obligation to terminate the contractual arrangement with you and deactivate your account at any time with or without notice.

When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another person at any time, nor to disclose your password to any third party. You agree to notify Bahay Turo immediately if you suspect any unauthorized use of your account or access to your password.

You may request cancellation of your account at any time throughout your use of the Services. To the fullest extent permissible under applicable law, your account will only be terminated and closed after all transactions have been processed. Bahay Turo reserves the right to terminate your account for any reason, including for any violation of these Terms, at our sole discretion without notice and without liability.

Session Management

The User will schedule tutoring sessions, which may be a Single Session (as defined below), Learning Bundle (as defined below), Single Session Plus (as defined below), Group Single Session (as defined below), Group Learning Bundle (as defined below), or Workshop (as defined below) in advance through the Site.

For a Single Session or a Group Single Session, Bahay Turo will assign a Teacher based on the student’s grade, the subject specified, and the chosen date and time. For a Single Session Plus, the parent/student shall select a Teacher for the chosen date and time. For a Learning Bundle or Group Learning Bundle, the list of qualified and available Teachers will be presented based on the student’s grade and the subject specified. Each of the Teachers’ available dates and times will be displayed and the User will select a Teacher according to his or her requirement and the product chosen.

Session booking is on a “first come, first served basis”. The availability of a specific Teacher for desired dates and times or for any date and time is not guaranteed. Users are encouraged to book sessions well in advance to improve the chances of availability of specific Teachers (for a Single Session Plus, Learning Bundle or Group Learning Bundle) and time slots as per their choice.

After booking tutoring sessions (except Workshops), the User can provide notes and other materials to the Teacher at least 3 hours prior to the scheduled tutoring session to guide the Teacher in providing the Teaching Services.

The User can only reschedule a Single Session, Single Session Plus, Group Single Session, and a session from the Learning Bundle or a Group Learning Bundle and cannot cancel. Rescheduling shall be done through the Site or specified support channels. Rescheduling is allowed only if it will be made more than 3 hours before the start of the tutoring session. Otherwise, the tutoring session shall proceed as scheduled. For a Group Single Session or Group Learning Bundle, the rescheduling shall apply for all the students in the group. Rescheduling and cancellations are not allowed for Workshops.

If a student does not show up for a scheduled session for any reason without prior advice to Bahay Turo more than 3 hours before the start of the tutoring sessions through the specified support channels, the tutoring session will be deemed forfeited and the User will be charged with the corresponding Tutor Fees and Platform Fees (as defined below). If a student is late, the session will not be adjusted nor rescheduled and will promptly end at the appointed time. The Teacher shall only stay in the session for 20 minutes to wait for a student.

For a Group Single Session, Group Learning Bundle or Workshop, if a student does not show up for a scheduled session for any reason even with prior advice to Bahay Turo and the other students are present, the tutoring session will be deemed forfeited for the absent student and the User will be charged with the corresponding Tutor Fees and Platform Fees. If a student is late, the session will not be adjusted nor rescheduled and will promptly end at the appointed time. The Teacher shall only stay in the session for 20 minutes to wait for all the students in the group. The Teacher shall start the session as soon as a student shows up for a scheduled session.

The User will be informed before the tutoring session if the Teacher made a cancellation or a rescheduling. The User will not be charged for the tutoring session cancelled or rescheduled by the Teacher. If a tutoring session is not cancelled or rescheduled and the Teacher fails to attend the tutoring session, the User can leave the session at any time and Bahay Turo shall process a credit refund for the missed tutoring session upon submission of a report and request for refund to us within 2 weeks from the date of the missed tutoring session.

The Users shall provide feedback on each tutoring session. The feedback will be provided to the Tutors to help them make adjustments or improvements to the Teaching Services. Bahay Turo may also use the feedback to determine whether a Tutor is complying with the Terms of Use for Teachers.

The Users who avail of Learning Bundles, Group Learning Bundles, Workshops and trial sessions shall receive feedback from the Teacher on observations on the student/s after completion of the Learning Bundle, Group Learning Bundle, Workshop and trial session, respectively.

For the Group Single Sessions, Group Learning Bundles and Workshops, the Users shall ensure that the students shall use one device per student.

“Single Session” is defined as one tutoring session scheduled by a User independently of other tutoring sessions. The parent/student shall provide the topic that will be covered.

“Single Session Plus” is defined as one tutoring session scheduled by a User independently of other tutoring sessions. The parent/student shall select a Teacher for the chosen date and time and provide the topic that will be covered.

“Group Single Session” is defined as one tutoring session scheduled by a User independently of other tutoring sessions for a maximum of five (5) students. The parent/student shall provide the topic that will be covered.

“Learning Bundle” is defined as several tutoring sessions scheduled by a User with an identified Teacher. The parent/student shall provide the topic that will be covered.

“Group Learning Bundle” is defined as several tutoring sessions (maximum of five (5)) scheduled by a User with an identified Teacher. The parent/student shall provide the topic that will be covered.

“Workshop” is defined as learning sessions scheduled by the Teacher for a User or a group of up to a maximum of five (5) students. The Teacher provides the theme and subjects covered.

Provision of Teaching Services and Interactions with Users

Bahay Turo does not make editorial or managerial decisions concerning, or otherwise exercise control or supervision over, the Teaching Services, and Bahay Turo will not be held responsible for any Teacher’s failure to comply with applicable laws or regulations. Without limiting the terms of the “Limitation of Liability” section below, Bahay Turo is not responsible for the Teaching Services, the actions of the Teachers or Users, or for the use or exchange of any information, files or goods between Teachers and Users. Further, Bahay Turo does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said, done, or written by Teachers or Users, including, without limitation, the Teaching Services provided or other information made available by the Teachers or Users through the Site and Services.

Users are solely responsible for their interactions with Teachers. You understand that while Bahay Turo professionally screens all Teachers for purposes of confirming identification, academic credentials, and teaching experiences and background to provide Users with a reliable, safe and secure online environment, Bahay Turo does the screening on a “best effort” basis and only to the extent of available public information and the information, documents, and representations provided to us by the Teachers. We cannot guarantee the authenticity and correctness of the documents provided by the Teachers and the truth, completeness, and accuracy of their representations. The use of the Site by Users and the receipt of the Teaching Services is at the risk and discretion of each User and the User agrees to take reasonable precautions in all interactions with the Teachers by way of the exercise of caution, discretion, common sense and judgment in using the Site and receiving the Teaching Services. This includes ensuring that the student is at all times supervised by a parent, guardian or any person who is at least 18 years of age during the tutoring session.

You agree that you will treat the Teachers with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those related to the Teaching Services.

You agree that you will not disclose any personal information to the Teachers or other Users, such as your full name, home address, phone number, email address, or any other information that can be used to identify or locate you. Similarly, you agree that you will not solicit any such information from any Teacher and agree that if any Teacher or other User ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to Bahay Turo.

You will neither use the Site nor the Services to invite a Teacher to meet in person nor may you receive the Teaching Services from a Teacher outside of the Site or Services.

You agree not to use the Site or the Services to recruit, solicit, or contact in any form the Teachers for employment or contracting for a business not affiliated with Bahay Turo without our advance written permission.

You agree not to use the Site or the Services for fraudulent or inappropriate purposes, in violation of applicable law, or these Terms.

You are solely responsible for all equipment and internet service necessary to access and use the Site and Services and to receive the Teaching Services. You shall ensure compliance with the following Parent and Student Code of Conduct:

Come to class on time
Wear student-appropriate clothing during class
Show respect to the Teacher and his/her teaching style
Inform the Teacher beforehand of any specific lesson or topic to be covered during the session
Have your video and audio on at all times
Not share Teacher-made content with other Users
Not take screenshots or screen, video or audio recordings of the tutoring session
Not ask the Teacher to answer the assignments of the students or do the projects, performance tasks, and other activities of the students

Quality Management

To the extent allowed under applicable laws, Bahay Turo may record and/or monitor tutoring sessions, including, but not limited to, any audios, videos, chats, files, and documents, at any time for quality assurance and management purposes and any other internal purposes as Bahay Turo deems necessary without further notice to or consent from you.

Service Modifications

Bahay Turo reserves the right, in our sole discretion, to make updates and modify or discontinue any of the Services at any time for any reason. Such updates or modifications may result in changes in the appearance and/or functionality of the Services, including the addition, modification, or removal of functionality, features, or content.

Any description of the Services provided by Bahay Turo is not a representation that the Services are working or will always work in that manner, as Bahay Turo is continuously updating the Services, and these updates may not always be reflected in these Terms.

Acceptable Use Policy

You shall:

be responsible for your compliance with these Terms;
be solely responsible for the accuracy, quality, integrity, and legality of any information, documents, or other content that you submit, upload, or publish on Site, and of the means by which you acquire or generate such information, documents, or content;
use reasonable efforts to prevent unauthorized access to or use of the Services under your account, including keeping your password and username confidential and not permitting any third party to access or use your user name, password, or account for the Services;
be solely responsible and liable for all activity conducted through your account in connection with the Services;
promptly notify Bahay Turo if you become aware of or reasonably suspect any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any other User’s) user name, password, or account;
use the Site and Services for their intended and lawful purposes;
use the Services only in accordance with applicable laws and government regulations;
contact the relevant government agency in case of any action of the Teachers that you believe is illegal; and
comply in all respects with all applicable terms of any third-party services that you use or otherwise access in connection with your use of the Services.

You must not:

make the Services available to anyone other than yourself or the members outside of your immediate family;
use the Services to store or transmit any content that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law;
upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component;
conduct unauthorized advertising to, or solicitation of, any User or Teacher to buy or sell any products or services through the Site;
attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law);
access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services;
conduct yourself in social media that will have an adverse effect on the Site and/or the Services;
attempt to gain unauthorized access to the Services or its related systems or networks; and
authorize, permit, or encourage any third party to do any of the above.

Fair Use Policy

Bahay Turo may suspend, at our sole discretion, your access to the Services for any unsuitable or inappropriate behavior or abusive practices (including any violation of these Terms) that affect the quality of the Services or degrade the performance of the Services for you and/or Users, including Teachers. Bahay Turo shall have the right, but not the obligation, to investigate any complaint forwarded to us by other Users or Teachers or any negative review regarding a Teacher or the Teaching Services or any violation of these Terms or any unsuitable or inappropriate behavior or abusive practice, whether reported to Bahay Turo or witnessed by Bahay Turo during our monitoring activities. Notwithstanding this right to investigate, as indicated above, Bahay Turo has the general right to deactivate your account for any reason at our sole discretion without notice and without liability.

Non-Exclusivity

You acknowledge that the rights granted to you under these Terms are non-exclusive and that nothing in these Terms will be interpreted or construed to prohibit or in any way restrict Bahay Turo’s right to license, sell, or otherwise make available the Services to any Teacher, User or third party.

4. Payment and Payment Processing

Bahay Turo sells electronic credits to Users for use in the Site. The Users will use these electronic credits for the payment of Teaching Services (“the “Tutor Fees”) and the fees for the use and access to the Site and/or Services (the “Platform Fees”). Bahay Turo may require you to provide a valid method of payment (e.g., credit or debit card, PayPal account, etc.) tied to an account at a financial institution upon purchasing electronic credits from Bahay Turo. Purchased electronic credits are non-refundable.

Electronic credits are required prior to booking tutoring sessions. Bahay Turo may issue promo codes for free electronic credits, either by itself or in partnership with other establishments. Users shall comply with the terms of such promo codes, including the single use of such promo codes by each User.

Bahay Turo does not provide any prorated refunds for unused Teaching Services. If you are not satisfied with the Teaching Services for any reason, please provide feedback or contact us via email at support@bahayturo.com. within 2 weeks from the date of the relevant tutoring session. Bahay Turo reserves the right to provide any refunds to dissatisfied Users at its sole discretion. Such refunds may be in the form of electronic credits that may be used on the Site.

Bahay Turo shall process the refund of electronic credits for the Tutor Fees and/or Platform Fees for missed tutoring session due to the absence of a Teacher without any prior notice upon receipt of a report from the User and verification of such report. If the User fails to file the report within the required period, the electronic credit will be forfeited.

Bahay Turo will process refunds of remaining electronic credits for Users whose accounts are deactivated due to any violation of these Terms.

5. Privacy and Data Protection

Bahay Turo collects and processes your personal information in accordance with its Privacy Policy. You agree and consent to Bahay Turo collecting, using, processing, disclosing, and storing your personal information provided and shared to Bahay Turo and/or on the Site.

You are not allowed to take a screen shot or record the tutoring session without the consent of Bahay Turo and the Teacher.

However, you may gain access to other personal information of Teachers or other individuals in the course of your use and access of the Site and/or Services and/or in receiving the Teaching Services. You also acknowledge that Bahay Turo may disclose personal information of Teachers or other individuals to you in the course of your use and access of the Site and/or Services. You represent and warrant that you will only use such personal information for the receipt of the Teaching Services and/or for the purposes for which it was disclosed to you by Bahay Turo, and not for any other unauthorized purposes.

B. TERMS OF USE (TEACHER)

1. Introduction

These Terms of Use (“Terms”) (together with the Privacy Policy, the Tutor Code of Conduct and other policies, guidelines, and agreements entered into by you from time to time) are a binding legal agreement between you and Bahay Turo that govern your use of the Services, including the access to, use of, and/or interaction with the Site as an authorized individual in providing tutoring or instructional services (the “Teaching Services”) through the Site. Any reference to “you,” or “your,” shall mean the Teacher using or accessing the Site and the Services.

2. Contractual Relationship

Bahay Turo is an educational technology company which provides the Site and Services. You understand and agree that you provide the Teaching Services directly to the students and you are not an agent, contractor, employee or staff of Bahay Turo. You have no authority to bind Bahay Turo or otherwise. Bahay Turo is not a party to the contract between you and the parent or guardian in the provision of the Teaching Services and the Teaching Services shall not be deemed to be provided by Bahay Turo. You will determine, in your sole discretion, the manner and means by which you provide the Teaching Services through the Site and the Services, subject to the requirement that you will at all times comply with applicable law and regulations and these Terms.

3. Bahay Turo Services and Teaching Services

Scope of Services

Account Registration and Termination

You may only create and maintain one Bahay Turo account for use of and access to the Site and/or Services and shall not share your account or any Services with others. You may not create an account for anyone else unless expressly authorized by the account owner and Bahay Turo.

Any and all information you provide to create an account must be true, accurate, not misleading, current and complete. It is your responsibility to update your account information to keep it true, current, not misleading, complete and accurate. You hereby authorize Bahay Turo to make any inquiries we consider necessary or appropriate to verify your account information or information or documents you provide. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Bahay Turo has the right but not the obligation to terminate the contractual arrangement with you and deactivate your account at any time with or without notice.

You may request cancellation of your account at any time throughout your use of the Services. To the fullest extent permissible under applicable law, your account will only be terminated and closed after all transactions have been processed, subject to completion of all booked Single Session Plus, Learning Bundles and Group Learning Bundles sessions. Bahay Turo reserves the right to terminate your account for any reason, including for any violation of these Terms, at our sole discretion without notice and without liability.

Interview and Evaluation

Creation of an account as a Teacher shall not automatically entitle you to use and access the Site and/or Services. As part of the commitment of Bahay Turo to connect Users to verified teachers, Bahay Turo will first review your account registration/application as a Teacher. You will then undergo an interview and evaluation process without any remuneration. We may collect additional information on your credentials as a Teacher, such as, but not limited to, academic records, work experience, training certificates, government-issued IDs, and certifications, and require you to conduct a paid demo teaching. Bahay Turo will then inform you of the status of your account, which may be “verified”, “pooled”, or “rejected”. Teachers with “verified” account status will be required to complete the onboarding process of Bahay Turo, including the provision of their availability for tutoring sessions in accordance with these Terms, before they can be allowed to use and access the Site and/or Services as Teachers with “active” status.

Session Management

Teachers shall schedule and provide their availability for tutoring sessions for the next 45 days. You agree to commit to be available for at least 3 sessions every week. Once your schedule is posted in the Site, you are contractually bound by such schedule.

The number of bookings for a Teacher is subject solely to the requirement of the Users. Bahay Turo does not in any way, and nothing in these Terms, guarantee the number of bookings for a Teacher for any given period.

Teachers can only cancel a Single Session, Single Session Plus or Group Single Session (as defined below) and cannot reschedule. Cancellation can only be done through the Site or through specified support channels.

Teachers can only reschedule a session from the Learning Bundle or Group Learning Bundle (as defined below) and cannot cancel. Rescheduling can only be done through the Site or through specified support channels.

Teachers cannot reschedule and cancel Workshop sessions without coordinating with Bahay Turo.

Session cancellations and reschedules will be treated as defined in Annex A (Session Cancellation and Reschedule Policy).

If a Teacher fails to provide the required tutoring schedule and committed sessions per week in the past 3 months or if the threshold for cancellations or rescheduling are exceeded, the Teacher, in addition to the treatment defined in Annex A, may be pooled and his/her Teacher account will be deactivated and will only be reactivated at the sole discretion of Bahay Turo.

The Teacher shall stay in the session for 20 minutes to wait for a student for a Single Session, Single Session Plus or Learning Bundle. If the Teacher fails to stay in the session for 20 minutes and a student logs in within the said period or if the Teacher is tardy and logs in after the student has left the session, the Teacher shall be considered absent. For a Group Single Session, Group Learning Bundle or Workshop, the Teacher shall proceed with the session for as long as one student is present.

If a Teacher is absent, he/she will not be entitled to the payment of the Tutor Fees (as defined below) for the missed tutoring session. If a Teacher fails to attend the tutoring session without any prior notice, regardless of the reason, he/she will not be entitled to the payment of the Tutor Fees and will be solely liable to pay the User the refund of the Platform Fees (as penalty). The Teacher hereby authorizes Bahay Turo to deduct such amount from his/her unpaid or unremitted Tutor Fees and remit the same to the User on his/her behalf.

If the student does not show up for a scheduled tutoring session without prior notice within 20 minutes from the start of the session, the Teacher will be paid the Tutor Fees due for such session. If a Teacher is tardy, he/she has to extend the session corresponding to the minutes missed, subject to the consent of the User/student.

If Bahay Turo receives a complaint of the tardiness or quality of the Teaching Services of a Teacher, Bahay Turo reserves the right to hold any future payments of Tutor Fees to the Teacher pending investigation. If Bahay Turo is compelled by the User or legitimate business reasons to provide a full or proportionate refund of Tutor Fees and Platform Fees due to a Teacher’s tardiness or quality of the Teaching Services, regardless of the reason, the Teacher shall only be paid the Tutor Fees less the amount refunded to the User. If the Tutor Fees have already been paid in full to the Teacher prior to the receipt of the report or complaint, the Teacher shall be solely liable to pay the User the corresponding amount for refund of Tutor Fees and Platform Fees (as penalty) and he/she hereby authorizes Bahay Turo to deduct such amount from his/her unpaid or unremitted Tutor Fees and remit the same to the User on his/her behalf.

“Single Session” is defined as one tutoring session scheduled by a User independently of other tutoring sessions. The parent/student shall provide the topic that will be covered.

“Learning Bundle” is defined as several tutoring sessions scheduled by a User with an identified Teacher. The parent/student shall provide the topic that will be covered.

“Workshop” is defined as learning sessions scheduled by the Teacher for a User or a group of up to a maximum of five (5) students. The Teacher provides the theme and subjects covered. Provision of Teaching Services and Interactions with Users

Bahay Turo does not make editorial or managerial decisions concerning, or otherwise exercise control or supervision over, the Teaching Services, and Bahay Turo will not be held responsible for any Teacher’s failure to comply with applicable laws or regulations. Without limiting the terms of the “Limitation of Liability” section below, Bahay Turo is not responsible for the Teaching Services, the actions of the Teachers or Users, or for the use or exchange of any information, files or goods between Teachers and Users. Further, Bahay Turo does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Teachers or Users, including, without limitation, the Teaching Services provided or other information made available by the Teachers or Users through the Site and Services.

Teachers are solely responsible for their interactions with Users.

Teachers shall send feedback to the students and Users availing of Single Sessions, Single Session Plus, Learning Bundles, Group Learning Bundles, Workshops and trial sessions within 24 hours from the completion of the Learning Bundle, Group Learning Bundle, Workshop and trial session, respectively.

You agree that you will treat the Users with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those related to the Teaching Services.

You agree that you will not disclose any personal information to the Users, such as your full name, home address, phone number, email address, or any other information that could be used to identify or locate you. Similarly, you agree that you will not solicit any such information from any User and agree that if any User ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to Bahay Turo.

You will neither use the Site nor the Services for purposes that are in violation of these Terms. You will neither use the Site nor the Services to invite a User to meet in person nor may you conduct the Teaching Services to a User outside of the Site or Services. If a Teacher violates this provision, Bahay Turo shall be entitled to deactivate the account of the Teacher, without prejudice to the right of Bahay Turo to charge applicable penalties under policies and guidelines issued from time to time and to pursue any available remedy under applicable laws.

In case a User recruits, solicits, or contacts you or another Teacher in any form the Teacher for employment or contracting for a business not affiliated with us without our advance written permission, you agree to immediately report this to Bahay Turo.

You are solely responsible for all equipment and internet service necessary to access and use the Site and Services and to provide the Teaching Services.

You shall ensure compliance with the following Teacher Code of Conduct:

Conduct sessions in a space without distractions or in a good working environment
Not conduct sessions while mobile
Use Bahay Turo virtual background, blur background or have a clean and orderly background during sessions
Wear teacher-appropriate clothing during class
Conduct yourself in a professional manner
Prepare all materials before the session in order to address the specific goals defined by the parent or guardian
Have your video and audio on at all times
Not give homework to the student, unless explicitly agreed upon with the parent or guardian
Not answer any form of homework or test or essay
Be mindful or respectful of each student’s learning style
Be engaging, understanding, and patient with your students
Ensure that no sensitive content is seen or heard when you share your screen
Not take screenshots or video, audio or screen recordings of the tutoring session
Limit homework assistance to appropriate guidance and in no way directly answer or assist with the completion of homework, tests, essays, and other school deliverables and performance tasks
Keep all information about student and parents or guardians confidential

Quality Management

To the extent allowed under applicable laws, Bahay Turo may record and/or monitor tutoring sessions, including, but not limited to, any audio, video, chats, files, and documents, at any time for quality assurance and management purposes and any other internal purposes as Bahay Turo deems necessary without further notice to or consent from you.

Service Modifications

Acceptable Use Policy

You shall:

be responsible for your compliance with these Terms;
personally provide the Teaching Services and be personally responsible for the quality of the Teaching Services;
be solely responsible for the accuracy, quality, integrity, and legality of any information, documents, or other content that you submit, upload, or publish on Site, and of the means by which you acquire or generate such information, documents, or content;
use reasonable efforts to prevent unauthorized access to or use of the Services under your account, including keeping your password and username confidential and not permitting any third party to access or use your user name, password, or account for the Services;
be solely responsible and liable for all activity conducted through your account in connection with the Services;
promptly notify Bahay Turo if you become aware of or reasonably suspect any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any other User’s) user name, password, or account;
use the Site and Services for their intended and lawful purposes;
use the Services only in accordance with these Terms, applicable laws and government regulations;
contact the relevant government agency in case of any action of the Users that you believe is illegal;
comply with these Terms, applicable laws and government regulations in providing the Teaching Services or in interacting with Users; and
comply in all respects with all applicable terms of any third-party services that you use or otherwise access in connection with your use of the Services.

You must not:

make the Services available to anyone other than yourself;
assign the provision of the Teaching Services to another Teacher or a third party;
use the Services to store or transmit any content that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law;
upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component;
conduct unauthorized advertising to, or solicitation of, any User or Teacher to buy or sell any products or services through the Site;
attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law);
access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services;
conduct yourself in social media that will have an adverse effect on the Site and/or the Services;
attempt to gain unauthorized access to the Services or its related systems or networks; and
authorize, permit, or encourage any third party to do any of the above.

Fair Use Policy

Bahay Turo may suspend, at our sole discretion, your access to the Services for any violation of these Terms or any unsuitable or inappropriate behavior or abusive practices that affect the quality of the Services or degrade the performance of the Services for you and/or Users, including other Teachers. Bahay Turo shall have the right, but not the obligation, to investigate any complaint forwarded to us by Users, any negative review regarding a Teacher or the Teaching Services, or any violation of these Terms or any unsuitable or inappropriate behavior or abusive practice, whether reported to Bahay Turo or witnessed by Bahay Turo during our monitoring activities. Notwithstanding this right to investigate, as indicated above, Bahay Turo has the general right to terminate your account for any reason at our sole discretion without notice and without liability.

Non-Exclusivity

4. Payment and Payment Processing

Bahay Turo sells electronic credits to Users for use in the Site. These Users will use these electronic credits for the payment of Teaching Services and the fees for the use and access to the Site and/or Services (the “Platform Fees”). You acknowledge and confirm that Bahay Turo acts as your collection agent for your fees for the Teaching Services (“Tutor Fees”). Bahay Turo may require you to provide your bank account information and tax identification number to facilitate payment of the Tutor Fees.

The Tutor Fees are fixed per session and are paid in accordance with the number of satisfactory tutoring sessions provided (including those where the Users failed to cancel or reschedule within the required period) within the agreed cut-off period. Tutor Fees will be withheld for tutoring sessions that are subject of complaints from Users and are under investigation by Bahay Turo. If it is determined that a Teacher is liable to a User due to tardiness or absences without prior notice for which the corresponding Tutor Fees have been paid, he/she hereby authorizes Bahay Turo to deduct the necessary amount of Tutor Fees and Platform Fees (as penalty) for refund from his/her unremitted or unpaid Tutor Fees and pay the same to the User. If Bahay Turo is compelled by the User or legitimate business reasons to provide a refund of Tutor Fees and Platform Fees due to poor quality of the Teaching Services, based upon the sole determination of Bahay Turo after investigation, a Teacher hereby authorizes Bahay Turo to deduct the necessary amount of Tutor Fees and Platform Fees for refund from his/her unremitted or unpaid Tutor Fees and pay the same to the User. The Tutor Fees, net of applicable fees and penalty charges, shall be remitted to the Teachers based on announced payment schedules issued by Bahay Turo from time to time.

The Tutor Fees remitted shall be considered final and no longer be subject to any question by the Teacher after the lapse of seven (7) days from receipt of the remittance without the Teacher raising any claim against Bahay Turo.

5. Taxes

You shall comply with all applicable tax laws and regulations and take all steps required to register as a taxpayer with the Bureau of Internal Revenue. You agree to allow Bahay Turo to withhold taxes when deemed appropriate pursuant to applicable tax laws and regulations.

6. Privacy and Data Protection

You are not allowed to take a screenshot or record the tutoring session without the consent of Bahay Turo and the User.

However, you may gain access to other personal information of Users or other individuals in the course of your use and access of the Site and/or Services and/or in provision of the Teaching Services. You also acknowledge that Bahay Turo may disclose personal information of Users or other individuals to you in the course of your use and access of the Site and/or Services. You represent and warrant that you will only use such personal information for the provision of the Teaching Services and/or for the purposes for which it was disclosed to you by Bahay Turo, and not for any other unauthorized purposes.

Any violation of this provision will entitle Bahay Turo to deactivate the account of the Teacher, without prejudice to the right of Bahay Turo to charge applicable penalties under policies and guidelines issued from time to time and to pursue any available remedy under applicable law.

C. COMMON TERMS

1. Indemnification

You shall indemnify, defend, and hold harmless Bahay Turo, and its subsidiaries, affiliates, successors, assigns, partners, and respective officers, directors, employees, contractors, agents, and other legal representatives, from and against any and all claims, losses, damages, penalties, liabilities, costs, fees, or expenses, including reasonable attorneys’ fees, of any kind or nature incurred or suffered by Bahay Turo arising out of, relating to, or resulting from these Terms or your use of the Site and/or Services to the fullest extent permitted by applicable law and regulation. This includes your breach of these Terms, improper or unlawful acts or omissions, violation of any third-party right, including any intellectual property or privacy rights, or any injury or damage caused to a User or third party.

2. Confidentiality

You shall maintain in confidence all information and data relating to Bahay Turo, the Site, the Services, business affairs, marketing and promotion plans or other operations which are disclosed to you by or on behalf of Bahay Turo (whether orally or in writing and whether before, on or after the date of these Terms or the date of the creation of your account) or which are otherwise directly or indirectly acquired by you from Bahay Turo, or created in the course of your availment of the Services. You shall further ensure that you only use such confidential information in order to use the Site and/or Service, and shall not without Bahay Turo’s prior written consent, disclose such information to any third party nor use it for any other purposes.

The obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

was at the time of receipt already in your possession and was not otherwise acquired from Bahay Turo directly or indirectly;
is, or becomes in the future, public knowledge through no fault or omission on your part; or
was received from a third party having the right to disclose it.

3. Intellectual Property

As between you and Bahay Turo, Bahay Turo retains all rights, titles, and interest in and to the Site and the Services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of Bahay Turo’s rights or interests therein or any other Bahay Turo intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to the Site and Services not expressly granted in these Terms are reserved by Bahay Turo.

The receipt of the Services is personal to you and you may not transfer your rights to receive the Services to another person unless we have consented in writing to you to do so. Unless otherwise specified, the content on the Site is for your personal and non-commercial use and we grant you a limited license to access the Site for that purpose. You may download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Site only with our written and express consent. Any unauthorized use of the Site or its contents will terminate the limited license granted by us.

You may from time to time provide suggestions, comments or other feedback to Bahay Turo with respect to the Services (“Feedback”). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for Bahay Turo notwithstanding anything else. You shall, and hereby do, grant to Bahay Turo a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.

4. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING THE QUALITY OF THE TEACHERS AND THE TEACHING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS, SUITABILITY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.

BAHAY TURO IS NOT RESPONSIBLE FOR ANY DELAYS, DAMAGES OR LOSSES RESULTING FROM DELAYS, LIMITATIONS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND FAULTY HARDWARE OR EQUIPMENT OF THE TEACHERS OR THE USERS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TEACHERS AND USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND SERVICES. YOU UNDERSTAND THAT BAHAY TURO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF THE TEACHERS AND USERS OF THE SITE AND SERVICES. BAHAY TURO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE TEACHERS AND USERS OF THE SITE AND SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH TEACHERS AND USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND SERVICES.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAHAY TURO, OR ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, PARTNERS, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR OTHER LEGAL REPRESENTATIVES, BE LIABLE FOR THE TEACHING SERVICES, THE ACTIONS OF TEACHERS AND USERS, ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE AVAILMENT OF THE TEACHING SERVICES OR THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICES OR ANY OTHER ASPECT OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL BAHAY TURO BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THESE TERMS, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF BAHAY TURO WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF BAHAY TURO FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF BAHAY TURO, ITS EMPLOYEES, OR ITS AGENTS; (II) WILLFUL MISCONDUCT OF BAHAY TURO; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

6. General

Governing Law

These Terms and any action related thereto will be governed by the laws of the Republic of the Philippines.

Notices

Any notices or other communication which is required to be given to you by Bahay Turo shall be in writing and sent by Bahay Turo via email (in each case to the email address that you provide) or by posting to the Site. For notices sent by email, the date of receipt will be deemed the date on which such notice is transmitted. It is only the email that you utilized in accessing the Site which shall be recognized as your official email address to which any notice will be sent.

Dispute Resolution

You and Bahay Turo agree that any dispute, claim or controversy between you and Bahay Turo or otherwise arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, “Dispute”) shall be resolved by way of reasonable discussion and amicable settlement. However, if a Dispute remains unresolved for 30 days from the time it was presented in writing to the other party, the Dispute shall be referred to the Philippines Dispute Resolution Centre (“PDRC”), in accordance with the Rules of the PDRC as modified or amended from time to time (“Rules”) by a sole arbitrator appointed by mutual agreement of you and Bahay Turo (the “Arbitrator”). If you and Bahay Turo are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of PDRC in accordance with the Rules. The place of such arbitration shall be in Makati City to the exclusion of other venues. The language of the arbitration will be English. The fees of the Arbitrator shall be borne equally by you and Bahay Turo, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

Assignment

You may not assign or otherwise transfer any of your rights or obligations hereunder, whether by merger, sale of assets, change of control, operation of law or otherwise, without the prior written consent of Bahay Turo (not to be unreasonably withheld), and any attempted assignment or transfer without such consent will be void. Bahay Turo may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. Bahay Turo may also substitute, by way of unilateral novation, effective upon notice to you, Bahay Turo for any third party that assumes our rights and obligations under these Terms.

Severability

Each provision of these Terms is severable. If any provision of these Terms is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of these Terms or of that provision in any other jurisdiction.

Force Majeure

Unless otherwise provided under these Terms, non-performance of either party of any obligations in these Terms shall be excused to the extent and during the period that performance is rendered impossible by strike, flood, earthquakes, governmental acts or orders or restrictions, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.

No Waiver

The failure of Bahay Turo to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bahay Turo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Entire Agreement

These Terms (together with the Privacy Policy, the Parent and Student Code of Conduct (for parents), the Tutor Code of Conduct (for Teachers), and other policies, guidelines, and agreements entered into by you from time to time) constitute the entire agreement between the parties with respect to the use of the Site and Services and supersede any prior or inconsistent agreements, negotiations, representations, and promises, written or oral, with respect to the subject matter and is binding upon the parties and their permitted successors and assigns. For the avoidance of doubt, where you have entered into a separate written agreement with Bahay Turo which incorporates a reference to these Terms, these Terms shall be applicable in reference to the said written agreement. In the event there are inconsistencies between these Terms of Service and the separate written agreement, you agree to work with Bahay Turo in good faith to resolve the conflicts or inconsistencies.

Contact

If the User has any questions regarding these Terms, the User may contact Bahay Turo directly on the Site. Bahay Turo cannot guarantee receipt of any correspondence, including mail, messages, and emails, sent to Bahay Turo; thus, receipt of any correspondence submitted to Bahay Turo is not confirmed until and unless the User receives a written email response from a Bahay Turo representative confirming such receipt. Bahay Turo is not liable for any correspondence that is lost, delayed, or misdirected.

Annex A: Session Cancellation and Reschedule Policy

Session cancellation or reschedules are allowed 2 (two) times in one calendar year. If a Teacher exceeds 2 cancellations or reschedules, for any reason, a penalty fee is imposed. A penalty fee of fifty pesos (P50.00) is deducted from the Tutor Fees for each cancellation or reschedule in excess of the allowed number. The Teacher hereby authorizes Bahay Turo to deduct the necessary amount of penalty fees from the Tutor Fees. The Tutor Fees, net of applicable fees and penalty charges, shall be remitted to the Teachers based on announced payment schedules issued by Bahay Turo from time to time.

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