©2019 by Blabu.

Terms of Use Blabu CZ (blabu.com) For Tutors

as of 30 June 2019

1. Who we are


1.1 Blabu.com is a global online platform facilitating learning of languages and practising language skills (Platform). The Platform is an on-demand marketplace for any Internet user (Student) from around the world to have instant or scheduled video conversations with native speakers in their native language (Calls or, individually, Call). Calls are secured through the digital environment (user interface) incorporated in the Platform. The Platform is open to any Students without limitation.


1.2 On the other hand, native speakers accessing the Platform to provide services as tutors are subject to certain Minimum Criteria (defined below) so that the services provided via the Platform are of good quality. Accordingly, the Platform is open to such tutors who meet such Minimum Criteria (Tutors or, individually, Tutor).  


1.3 The Platform as a marketplace enables (i) the Tutors to offer through the Platform their services consisting of Calls to the Students; and (ii) the Students to meet the Tutors through the Platform and use their services (by making the Calls). 


1.4 The Platform is operated by the Czech limited liability company BLABU CZ s.r.o., Id. No. 07899912, with its registered office at Roháčova 188/37, Žižkov, 130 00 Praha 3, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague under entry C 309549 (Provider). The Platform is available on the website www.blabu.com


2. Terms of Use 


2.1 Upon creating the Tutor account (Tutor Account) and upon each subsequent use of the Platform, in particular upon confirming any order of any Student or making any Call with any Student, the Tutor agrees to be bound by these Terms of Use. In case that the Tutor does not agree to the Terms of Use, he may not use the Platform.


2.2 The Provider may unilaterally amend the Terms of Use. The Tutor shall be notified of any such amendment on the Platform. Any amendment to the Terms of Use (Amended Terms of Use) comes into effect upon its publication on the Platform. By each use of the Platform by the Tutor (as specified above) following the publication of the Amended Terms of Use, the Tutor agrees to be bound by and accepts such Amended Terms of Use. These Terms of Use for Tutors also govern the contracting between the Tutor and the Student. The same rules for contracting are included in the Terms of Use for Students. 


2.3 Capitalized terms used in the Terms of Use shall have the following meaning: 


Amended Code of Conduct

shall have the meaning as defined in Section 5.1

Amended Price List

shall have the meaning as defined in Section 4.3

Amended Privacy Policy

shall have the meaning as defined in Section 8.4

Amended Terms of Use

shall have the meaning as defined in Section 2.2

Applicant

shall have the meaning as defined in Section 3.2

Tutor Account

shall have the meaning as defined in Section 2.1

Call / Calls

shall have the meaning as defined in Section 1.1

Clip

shall have the meaning as defined in Section 8.1

Code of Conduct

shall have the meaning as defined in Section 5.1

Commission

hall have the meaning as defined in Section 4.1

Credit

shall have the meaning as defined in Section 4.11

Fees

shall have the meaning as defined in Section 4.1

Instant Call

shall have the meaning as defined in Section 3.6

Minimum Criteria

shall have the meaning as defined in Section 3.2

Order

shall have the meaning as defined in Section 3.6

Owed Amount

hall have the meaning as defined in Section 4.11

Platform 

shall have the meaning as defined in Section 1.1

Price List

shall have the meaning as defined in Section 4.3

Privacy Policy

shall have the meaning as defined in Section 8.4

Provider

shall have the meaning as defined in Section 1.4

Purpose of Use

shall have the meaning as defined in Section 8.1

Rate

shall have the meaning as defined in Section 4.2

Rate Range

shall have the meaning as defined in Section 4.2

Scheduled Call

shall have the meaning as defined in Section 3.6

Service Agreement

shall have the meaning as defined in Section 3.7

Student

shall have the meaning as defined in Section 1.1

Tutor / Tutors 

shall have the meaning as defined in Section 1.2

Tutor Account

Shall have the meaning as defined in Section 2.1

Video-Recordings

shall have the meaning as defined in Section 8.1

Video-Recording Content

shall have the meaning as defined in Section 8.2

Wallet

shall have the meaning as defined in Section 4.5


3. Use of the Platform / Tutor Account


3.1 The Tutor accesses the Platform and makes the Calls through his/her Tutor Account created on the Platform subject to the Provider first confirming that the relevant Tutor meets the Minimum Criteria. The Tutor agrees to fully and accurately provide the information requested when setting up the Tutor Account, and to regularly update such information without undue delay of any change in any such information. 


3.2 Any native speaker who wishes to use the Platform as a Tutor (Applicant) shall submit his/her application via the Platform. The Provider shall review the application and invite the Applicant for interview or interviews via the Platform or other means in order to verify that he / she meets the minimum criteria for being eligible to provide good quality services to the Students via the Platform (Minimum Criteria). (The Applicant shall be informed of the Minimum Criteria in the application form.) Once the Provider has reviewed the application and the interviews, the Provider shall inform the Applicant within 24 hours by telephone or e-mail whether or not he/she has been admitted as Tutor. If the Applicant is admitted as Tutor, the Provider shall also provide to them the details necessary for opening the Tutor Account. Any Applicant and any Tutor agree and acknowledge that the Provider reserves the right to decide in its sole and unlimited discretion whether any Applicant meets the Minimum Criteria and whether he / she shall be admitted as Tutor. 


3.3 The Tutor represents that he is providing the services via the Platform on an ad-hoc (and not ongoing) basis and that he / she is not an entrepreneur within the meaning of any jurisdiction applicable to the Tutor. Should at any time the Tutor qualify as an entrepreneur, he / she agrees to fulfill any and all statutory requirements (such as tax, regulatory or alike) of any applicable jurisdiction related to providing the services via the Platform in the capacity of entrepreneur. The Tutor agrees and acknowledges that the Provider does not bear any responsibility for the same and is in no way liable for any Tutor’s failure to observe such requirements.  


3.4 The Tutor may decide at any time to request the deletion of his/her Tutor Account. In such case, the Tutor Account shall be deleted within 5 business days following the Tutor’s request placed in the Tutor Account settings subject to any applicable Fees as provided in the Price List (as specified below) and subject to the Tutor fulfilling any outstanding obligations hereunder. The Provider reserves the right to delete the Tutor Account at any time in its sole and unlimited discretion, in particular, without limitation, if the Tutor ceases to meet the Minimum Criteria or if he / she breaches these Terms of Use or the Code of Conduct.


3.5 Following logging in the Tutor Account the Tutor may interact with the Students on the Platform, in particular, make instant Calls (defined below) and/or make scheduled Calls (defined below). 


3.6 The Provider provides for a standardized form on the Platform by means of which the Student shall place orders for the Calls with the Tutors (Order). When placing the Order, the Student shall indicate in the form the choice of available requested parametres of the Call, such as, in particular, the Tutor, the type of the Call (instant or scheduled), time and date of the Call, the length of the Call and the topic of the Call, whereas “Scheduled Call” shall mean the Call scheduled to a certain time and date with a particular Tutor, and “Instant Call” shall mean the Call made instantly with a any Tutor available online on the Platform at the time of making the Order; the Student shall have the option to (i) choose between the Tutors available online; or, if and once the Platform offers such option (ii) choose the tool “pick a Tutor for me” in which case the particular Tutor shall be picked for the Student based on an algorithm integrated in the Platform. The length of the Call shall be indicated based on time units of 15 minutes each. The minimum length of the Call shall be 15 minutes (1 unit) and the maximum length of the Call is determined at the Platform and the settings of the relevant Tutor in his/her Tutor Account.


3.7 By accepting any Order for the Call by the Tutor indicated in such Order, the service agreement for the relevant Call between the relevant Tutor and the Student is concluded (Service Agreement). Based on the Service Agreement, the Tutor agrees to make with the Student the Call having the parameters indicated in the Order and the Student agrees to participate in the Call and pay for the Call the relevant fee (as specified below). In case of an instant Call, the Service Agreement with respect to the relevant instant Call is concluded once the Tutor has started the Call.


3.8 For avoidance of doubt, the Provider is not a party to the Service Agreement; the role of the Provider is limited to operating the Platform as set forth herein (and so enabling making the Calls between the Tutor and the Student). The Provider does not represent the Student in any way. Unless otherwise explicitly set forth in these Terms of Use, the Provider only represents Tutors in (i) enabling concluding Service Agreements between the Tutors and the Students via the Platform; (ii) enabling the Calls and (iii) receiving the Fees for the Calls (as defined below) from the Students. 


4. Rates, Fees and Payments


4.1 Access and use of the Platform by the Tutor is subject to the payment to the Provider of (i) the commission applicable to all the payments paid by the Student to the Tutor (Commission), and (ii) the applicable fees for processing other specified operations, including deactivating the Tutor Account as stated below (collectively Fees), whereas the amount of the Fees depends mainly on the amounts processed or the payment methods applied. 


4.2 Tutors are free to set the price per 1 unit of the Call (Rate) according to the rules of these Terms of Use. To that purpose, they have available on the Platform an automatically calculated range of Rates from which they can select  (Rate Range). The Rate Range is integrated to the Platform and forms the guidance as to the pricing of the Calls as an on-demand service provided by the Provider to the Tutor. The Rates included in the Rate Range (from the lowest to the highest amount) shall at all times reflect the Tutor’s rating based on the Students’ feedback after each Call (generally speaking the better the rating the higher the Rates that the Tutor may require). The Rates set by the Tutors are shown to the Student before the Student makes the Order. 


4.3 All Fees and Rates are indicated in USD and are shown in the respective Tutor Account or in the price lists available on the Platform (Price List) and in these Terms of Use. By each use of the Platform, the Tutor agrees to be bound by the Price List. Any amendment to the Price List (Amended Price List) comes into effect upon its publication on the Platform. By each use of the Platform by the Tutor following the publication of the Amended Price List, the Tutor agrees to and accepts such Amended Price List. 


4.4 The Provider may choose to inform - on a purely indicative, non-binding and information basis only - of conversion rates (USD / other currencies) on the Platform. (The conversion rate actually applied shall be such applied by the bank of the Tutor.) 


4.5 As part of each Tutor Account, the Provider shall create a virtual Tutor’s wallet integrated in the Platform (Wallet). The Wallet shall exclusively serve for receiving by the Tutors of payments for Calls and for paying any Fees (including Commissions) to the Provider. The payments for each Call shall be transferred to the Tutor’s Wallet provided, however, that they shall be first subject to the deduction of any applicable Commission and Fees. 


4.6 The Tutor is free to withdraw the funds from the Wallet once in 14 calendar days. The minimum amount which he can withdraw is USD 100. The Tutor may request for such withdrawal in the relevant Section of the Tutor Account.  If the Tutor Account is closed for any reason, the funds in the Wallet (after deduction of Fees or other sums owed by the Tutor to the Provider or any Student) are transferred to the Tutor as part of the closing procedure pursuant to these Terms of Use.  


4.7 The withdrawal of funds according to Section 4.6 above shall be subject to applicable handling Fee. 


4.8 The payment for any Call is transferred from the relevant Student’s Blabu Account to the Tutor Account within 3 business days following the relevant Call. During the 3-day-term the Student may raise a defective performance claim (Section 6 below). The Provider collects the payments for Calls on behalf of the Tutor. In the event that the Tutor Account of any Tutor is to be deactivated (deleted) for any reason as set forth in the Terms of Use, any balance in the Wallet, after all Commissions and Fees due having been debited, shall be (i) returned to the debit / credit card or bank account used for previous withdrawals of the funds, or (ii) if the Provider is not able to return the balance to the payment card or bank account within 20 days after deactivating the Tutor Account, the Tutor shall pay to the Provider a fee for deactivating the Tutor Account in the amount of the outstanding balance. The Tutor will pay the Fee to the Provider by the Provider deducting the balance from the Tutor Account.


4.9 The sum of payments for Calls as well as the information on all charged Commissions and Fees is at all times recorded and available to the Tutor for his/her information in the Tutor Account or the Wallet. 


4.10 The Provider is an EU-based company. In the event that the Tutor is also EU tax resident, VAT of the EU country of the Tutor shall be applied to the Commission. For illustration purposes, the following table shows the calculation of the Commission depending on various VAT rates.

4.11 The Provider may grant to the Students certain credits (such as credits for referrals or any other marketing initiative) by which they can pay for the Calls instead of cash (Credit). In such case, the Provider shall reimburse the Tutor as follows: (i) the amount of the Credit shall be deducted from the relevant Commission (and any other Fee, as applicable) owed by the Tutor to the Provider (Owed Amount), and (ii) should the amount of the Credit exceed the Owed Amount, the Provider shall pay the difference between the amount of the Credit and the Owed Amount to the Tutor’s bank account indicated by the Tutor in the Tutor Account.  


4.12 The Provider does not provide any regulated payment services. By virtue of operating the Wallet, the Provider receives the Rates for Calls on behalf of the Tutor as his representative in relation to the intermediation of the Call. The Provider does not represent the Student in the intermediation of the Call and in the processing of payment for the Calls. 


5. Rules of Conduct


5.1 During any and all Calls and at all times when using the Platform in any manner, the Tutor undertakes to comply with the rules specified in the code of conduct available on the Platform (Code of Conduct). By each use of the Platform, the Tutor agrees to be bound by the Code of Conduct. Any amendment to the Code of Conduct (Amended Code of Conduct) comes into effect upon its publication on the Platform. By each use of the Platform by the Tutor following the publication of the Amended Code of Conduct, the Tutor agrees to and accepts such Amended Code of Conduct. 


5.2 In the event of any material breach of the Code of Conduct or any Amended Code of Conduct (consisting of behaviour such as, for instance, harassment or stalking) by the Tutor, the Provider is entitled to immediately deactivate such Tutor Account. No Call or any other service can take place after the Tutor Account has been deactivated. 


5.3 The Tutor is entitled to use the Platform solely for the purposes of the Calls in compliance with the Terms of Use, Code of Conduct and any other terms or codes referred to in the Terms of Use. On the other hand, the Tutor is prohibited to change, modify, reverse engineer, reproduce or otherwise interfere in any part of the Platform. The Provider reserves all rights with respect to any trademarks, logos, works of authorship, designs or any other works or subjects of intellectual property or industrial property appearing on the Platform. By providing access to the Platform, the Provider shall not provide any sort of license or a right of use of any such trademark, design, work of authorship, logo or any other aforementioned protected subject. The Tutor may use the Platform only as described in the Terms of Use and solely for the purposes of making the Calls. The Tutor is prohibited from using any contact details obtained via the Platform for any purpose other than the Calls (whereas the Calls are strictly focused on learning of foreign languages and/or improving foreign language skills) and from contacting the Students or any other Tutor outside the Call and/or the Platform. In particular, but without limitation, the Tutor shall not, whether alone or jointly with any other person or entity, whether for its own benefit or such of any other person and whether directly or indirectly, solicit the services of any Tutor or the custom of any Student or entice or endeavour to entice away from the Provider and/or the Platform any Student and/or any Tutor and/or employ or enable to any third party the employment (or hiring on any basis other than employment) of any Tutor. 


5.4 The Tutor is liable for all content featured or used by him/her during the Call. The Tutor shall not use the Call or any part of the Platform for any illegal purpose. The Tutor is responsible for ensuring that he/she does not violate the laws of any applicable jurisdiction, including but not limited to copyright, intellectual property, trademark, design, patent and related laws. The Tutor shall not use during the Calls any content which may be subject to intellectual property rights of any third parties without first obtaining necessary license or consent by the holder of such intellectual property rights. Furthermore, the Tutor agrees to keep strictly confidential and not disclose to any person any information obtained from any Student during any Call and not use it for any purpose other than the relevant Call. If the Provider reasonably determines that the Platform is used by the Tutor for any illegal or fraudulent activity or that he / she is in breach of this Section 5.4, then the Tutor Account of the relevant Tutor may be immediately deactivated. 


5.5 The Tutor shall indemnify, defend and hold harmless the Provider from and against all damages, losses or claims arising out of or related to any breach of this Section 5.4 or the Code of Conduct and/or related to any infringement or alleged infringement of any third party rights resulting or occurring in connection with the Tutor’s breach of this Section 5.4. or the Code of Conduct. 


6. Consumer Protection


6.1 Subject to Sections 6.2 and 6.3, the Tutor using the Platform as consumer (see Section 3.3 above) may cancel (i) the services provided by the Provider to the Tutor in connection with operating the Platform within 14 days of the date of creating the Tutor Account.


6.2 The Tutor explicitly agrees and instructs the Provider that the Provider starts providing its services related to operating the Platform immediately upon creating the Tutor Account (i.e. even before the expiration of the term of 14 days of the date of creating the Tutor Account). 


6.3 The Tutor acknowledges that the cancellation right referred to in Section 6.1 shall not apply to services provided by the Provider and consummated within 14 days of the date of creating the Tutor Account. 


7. Defective Performance


7.1 In case of non-compliance of any Tutor with any Service Agreement, in particular if the Call lasted for a shorter period of time than agreed in the relevant Service Agreement, if the Call was delayed, or if the Call did not take place at all, the Student may claim suitable remedies agreed in the relevant Service Agreement. In particular, in case of a defect of the Call, the Student may claim against the relevant Tutor (i) a discount on the Rate for the relevant Call; in the event of a material defect of the Call (material breach of the Service Agreement), the Student may claim (ii) a substitute Call free of charge, or (iii) a full refund of the Rate paid for the Call. Material violation of the Service Agreement shall mean, in particular, the Call delayed for more than 10 minutes, the Call failing to take place at all or the Tutor failing to meet the majority of requirements set forth is the Service Agreement.  


7.2 The Student can raise the claim for the defective performance using the form available in his / her Blabu Account. The Provider shall notify the relevant Tutor of the claim and shall inform the Student of the assessment of the claim and the potential remedy within 14 days after the claim has been submitted by the Student pursuant to this Section 7.2.   


7.3 Taking into account that the Platform is accessible to Students and Tutors globally and from various time zones and taking into account that the Tutor as well as the Provider wish that the Platform provides consistent and efficient services, the Tutor hereby authorises the Provider to assess and decide on any defective performance claim on behalf of the Tutor. On the other hand, the Tutor agrees to provide to the Provider immediately upon his request, however no later than within 2 business days, information necessary for assessing any relevant defective performance claim. The Provider reserves the right to decide in his sole discretion on the applicable remedy for the defective performance and shall inform the Tutor of the assessment of the claim and the applicable remedy within 14 days after the claim has been submitted by the Student. The Tutor agrees to fully comply with the remedy chosen by the Provider.  


7.4 In the event that a defective performance claim relates to a defect in a Call which occurred fully due to a technical malfunction of the Platform, the Provider shall reimburse the Tutor for the relevant remedy provided to the Student, i.e. if the remedy consists of (i) the full refund of the Rate of the Call or a substitute Call free of charge, the Provider shall pay the amount of the Rate of the relevant Call to the Tutor less the applicable Fees and Commissions; or (ii) the discount on the Rate of the relevant Call, the Provider shall pay to the Tutor the discounted Rate of the Call less the applicable Fees and Commissions.


7.5 Should a dispute arise between the Tutor who is an entrepreneur and the Student who is a consumer in relation to the services provided based on the Service Agreement, or between the Provider and the Tutor, who in this case is a consumer, in relation to the Platform (concerning the Tutor Account), the Student and the Tutor (as a consumer) is allowed to refer the dispute to the Czech Business Inspection, with registered address at Štěpánská 15, Prague 2, Czech Republic, webpage https://adr.coi.cz, being the authority for deciding consumer disputes extra judicially. All details on the possibility to solve the dispute extra judicially are stated on the web pages of the Czech Business Inspection.


8. Privacy, Intellectual Property and Data Protection


8.1 The Tutor agrees that (i) any Calls, including his/her face, voice, talk, figure as well as the environment or space in which the Tutor finds himself/herself during the Call and any other personal or private attributes present or visible in any way during the Calls, or any parts thereof, are video-recorded in the Platform during such Calls (Video-Recordings); (ii) any such Video-Recordings or any parts thereof are archived at the Platform for a term of 30 days from the moment of their making; that (iii) the Provider uses any such Video-Recordings or any parts thereof (including combining them with any Video-Recordings of any other Tutor) for the purposes of creating short video-clips, advertisements or any other promotion product (Clip); and that (iv) the Clips be shown and distributed on the Platform for the purposes of demonstrating the services available on the Platform and any other marketing purposes (Purpose of Use). 


8.2 The Tutor hereby grants to the Provider worldwide, perpetual, royalty-free, non-exclusive, transferrable, irrevocable and sublicensable license to use in any manner and without limitation in quantity his/her appearance in the Video-Recordings and any and all content which is subject to authorship rights, copyright or any other intellectual or industrial property rights or personal rights of the Tutor or any third party and which is featured during the Calls (Video-Recording Content) for the Purpose of Use. The Tutor further provides his / her consent that the Provider may process, translate, change, modify, combine with any other works or otherwise interfere in the Video-Recording Content for the Purpose of Use. Without prejudice to the provisions of Section 8.1, the license and consents under this Section shall survive (and shall continue to apply after) the termination of the Tutor Account, any services hereunder or any Service Agreement. 


8.3 During the application process and as part of creating the Tutor Account, the Tutor provides mainly the following information: name and surname, gender, photograph, time-zone, nationality and the “about” text (if the Tutor chooses to provide such text during the registration). This information is available to Students for the purposes of Service Agreements (but is not visible to the Provider). The Provider may (but is not obliged to) make available to the Tutors also some statistics about previously made Calls by the Students. The Tutor agrees that the Students have available statistics about the history of the Calls of the Tutor and his/her ratings. 


8.4 Handling personal data of the Tutor is subject to privacy policy available on the Platform (Privacy Policy). By each use of the Platform, the Tutor agrees to and accepts the Privacy Policy. Any amendments to the Privacy Policy (Amended Privacy Policy) comes into effect upon its publication on the Platform. By each use of the Platform by the Tutor following the publication of the Amended Privacy Policy, the Tutor agrees to and accepts such Amended Privacy Policy. 



9. The Provider’s Role


9.1 The Provider is not a party to any Services Agreement relating to any Calls. The Provider is not responsible for the quality of the Calls, the compliance of the Tutors or the Students with the Service Agreement, the behaviour and the performance of the Tutors or the Students during the Calls or any content of the Calls featured by the Tutor or the Student. Any breach of any Service Agreement or any laws by the Tutor vis-à-vis the Student is the sole responsibility of the Tutor.


9.2 The Provider neither bears any responsibility for any damages or losses incurred by any Tutor in relation to any Call.


9.3 The Provider bears no liability for any hacker or other potential attacks that affect the functionality of the Platform. The Provider is not liable to the Tutors for temporary unavailability of the Platform due to Internet failures or outages or other similar situations. 


9.4 The Tutors shall be liable for loss or damage incurred by the Provider as a consequence of any unlawful interference with the Platform and/or of any breach of the Terms of Use, and/or the Code of Conduct and/or Privacy Policy and/or any other terms referred to herein.


10. Applicable law


10.1 The Terms of Use and any Service Agreement shall be governed by Czech laws. The Terms of Use make an integral part of any Service Agreement.


10.2 If any of the provisions of the Terms of Use is or becomes invalid or ineffective, the invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions. The invalidity or ineffectiveness of a provision in relation to only a specific person or entity is without prejudice to the validity and effectiveness of such provisions in relation to other persons or entities.