The Site is located within the Republic of South Africa.
Imbeko provides this Site to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between Imbeko and you, and you accept them by: (a) contracting for tutoring lessons through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Imbeko may amend these terms and conditions from time to time. By accessing the Site you are bound to the terms and conditions published on the Site at the time of any visit to and/or usage of the site.
The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent contractors hired by Students, Tutors control the methods, materials and all aspects of the lessons.
Students are responsible for selecting the right Tutor for their needs. In making hiring decisions, Students should review and investigate each Tutor’s self-reported credentials, education, and experience, as well as reviews from other Students. All tutoring sessions should be supervised by a responsible adult.
Your obligations and conduct
In consideration of your use of the Site, you agree: (a) that you are of legal age and have legal capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the Site (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Imbeko, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.
You are entirely responsible for all content that you upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Imbeko or other users of the Site; (b) includes unauthorised disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Imbeko reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Site: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms; (c) you have not: (i) been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud or any offense that involves endangering the safety of others; (ii) been convicted of a crime of any nature, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) been and/or are currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) and are not currently out on bail or pending trial, relating to any charge of any kind, including without limitation sexual, child abuse or domestic violence offenses.
You hereby authorise Imbeko to verify the above representations and warranties by you and you acknowledge and agree that Imbeko shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Imbeko may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
Notwithstanding the previous paragraph, you understand and agree that Imbeko does not conduct background checks of any User. You also understand and agree that Imbeko neither confirms nor denies the validity of information provided by Users and that Imbeko does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that it is your sole responsibility to conduct any and all background and reference checks regarding other Users.
Imbeko expressly disclaims, and you expressly release Imbeko from, any and all liability whatsoever for any, claims, losses and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
Terms of transacting business
You understand and agree to abide by Imbeko’s Tutor and Student payment and terms policies. You agree that you are willing to pay all costs associated with the services through Imbeko. These costs include but are not limited to: (a) a tutor’s hourly rate as listed; (b) travel and transportation fees; (c) cancellation fees as described in a tutor’s cancellation policy, which can be found on a tutor’s profile on the Site; and (d) the commission arrangement between the Tutor and Imbeko.
Choice of Law
This website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Western Cape High Court in the event of any dispute.
Accuracy of information
While every effort is made to ensure that the information provided on the Site is current and accurate, you should not assume that this is always the case, and should consult other sources before making any decision to act on this information.
Imbeko shall not be responsible for the contract or privacy policies of any websites to which this website may link and shall not be liable in any manner whatsoever for any loss or damage that you may suffer as a result of the use of any linked access from the Site.
Terminating registration or the use of the website or services
Imbeko may in its sole discretion and at any time discontinue providing the Site or the services or any part thereof, with or without notice if Imbeko believes that your conduct is in breach with or inconsistent with these terms and conditions.
Copyright and use of material
Imbeko retains copyright in the Site and all current and future content displayed on the Site which is not owned by third parties.
In terms of a limited licence, granted for general use, Imbeko grants the User, subject to these Term, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the Site for your personal, non-commercial and informational purposes only.
This Site and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of Imbeko.
Imbeko not be held responsible for any mistakes, omissions, interruptions or delays with regard to the content or any damage that results from your use of the Site.