These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) as enacted by TeachPoint Baumann Co. Ltd. (hereinafter referred to as "TeachPoint“), Herweg 33, 8708 Maennedorf, Switzerland, together with all recorded regulations - which although they may not constitute an integral part of these Terms and Conditions still are binding in accordance with these - govern the rights and duties and the contractual relationship between TeachPoint and TeachPoint members (hereinafter referred to as „member/s“) with regards to the usage of the teachpoint.com website.
The member confirms the validity of these Terms and Conditions each and every time they log-in to the teachpoint.com website. TeachPoint reserves the right to change and/or amend these Terms and Conditions at any time and without the obligation to state reasons for such changes/amendments, and shall publish the changed/amended version of these Terms and Conditions on the teachpoint.com website. Substantial changes/amendments shall however be notified to all members through email, and before they are coming into effect. If after receiving their email a member does not formally object to the revised Terms and Conditions, they are automatically considered accepted and valid.
TeachPoint operates as a platform to facilitate communication between students and their private tutors. TeachPoint offers private tutors a claim management service to assist them in collecting their tuition fees for private tutoring services rendered. TeachPoint furthermore facilitates the closing of private tutoring contracts between its members. However, acting merely as a facilitator, TeachPoint in itself is not a contractual partner for the implementation of private tutoring lessons. Instead, the private tutors themselves are independent contractors, i.e. they are neither employees nor representatives of TeachPoint. In this context, TeachPoint has no control over the individual conduct of students, private tutors or any other website users and/or the private tutoring services offered on the website, and thus rejects any liability with regards to the individual conduct of its members and/or the services offered by them. Every natural or juristic person opening and maintaining an account with TeachPoint with the purpose of using TeachPoint’s facilitation and management services is considered a member.
Using the private tutoring platform, students can select suitable private tutors and arrange their online lessons schedule directly with them.
Lessons take place in virtual classrooms especially set up by TeachPoint to facilitate online tutoring.
Formation of a Contract
In order to use TeachPoint, it is a prerequisite for both students and private tutors likewise to become TeachPoint members (i.e. they must sign up for a TeachPoint membership). Although there is no age restriction for becoming a member, children under the age of 16 are only permitted to use TeachPoint with parental consent, which must be obtained in written form and is required by TeachPoint. Membership is free of charge.
All services posted on the TeachPoint website do not constitute an offer to enter into a contract, but merely constitute an invitation to the customer to order such a service (invitatio ad offerendum).
Private tutors are under the obligation to only teach subjects which they fully comprehend and master. In case of complaints against a private tutor, their account may be terminated/canceled without statement of reasons.
If a member’s personal details should change after they have established a membership account, they are under the obligation to update their personal details without delay.
A membership account is not transferable to another member or any other person.
All members are strictly prohibited to misuse and/or manipulate the evaluation and search functions in any manner or for any purpose.
Members are personally liable for any activities carried out by them while using their membership accounts.
Members are obliged to use TeachPoint’s services ethically. They are required to observe the usual data security measures and are furthermore obliged to follow TeachPoint’s instructions as necessary. Beyond this, members must observe all relevant statutory provisions that are tied in with the use of TeachPoint’s services. If they should observe disruptions or flaws in TeachPoint’s services, including cases of third-party infringements like illicit use or contract violations with regards to these services, they are obliged to inform TeachPoint without delay.
Users/members are duty bound to ensure that all submitted information is truthful and respectable. In cases where incorrect and/or false information has been submitted, TeachPoint has the right to delete these entries from the website.
Members consent in accordance with these Terms and Conditions that their information/data can be published by TeachPoint on the website.
Members have the option to evaluate each other on the website. However, these evaluations will not be verified by TeachPoint, and therefore may be contradicting or incorrect.
Any evaluation must be based on factual consideration and be truthful. In submitting their evaluation, members also are obligated to observe all statutory provisions that may apply.
Any use of the evaluation system that does not comply with its purpose is prohibited.
In case a member wants to have a certain evaluation removed from their profile, they must submit a written request to TeachPoint stating the reasons for the requested removal. TeachPoint is obliged to process such a request within 7 business days.
Registration with TeachPoint is free of charge for both students and private tutors!
In case a contract is entered into between the members when using TeachPoint, TeachPoint shall receive a commission, calculated as a percentage of the respective private tutor’s hourly rate for their usage of TeachPoint's virtual class rooms. This commission is to be deducted from the private tutor’s total online earnings and is already included in each tutor’s published hourly rate. A tutor earns 83 per cent net of the published hourly rate paid by students.
Customer’s Right of Contract Termination
In case of increase or decrease of our internal labor costs, TeachPoint has the right to adjust the commission for using our virtual class rooms at any time. Such changes shall be notified to the members before they become effective.
Deposits, Withdrawals and Accounting for Students
Students are obliged file valid payment information with TeachPoint to ensure that their private tutor/s can receive their fees after a successful tutoring session/s. One of the following payment information must be filed with TeachPoint: a valid credit card, a PayPal account, or the student must have a positive account balance achieved by purchasing private lesson credits through credit card/PayPal or advance payment. Payment information must be filed before lessons can be booked. Lesson fees will only be charged after the respective lesson/s has/have been administered.
The student will be asked after each lesson whether they were satisfied with it. If so, the private tutor will receive their fee for that lesson. If the student was not satisfied, the received lesson will not be charged and the transaction is deemed closed.
Each transaction will be notified by email to both the student and the tutor.
After filing credit card information, it may be possible that TeachPoint charges the respective card with CHF 1.10 and then immediately refunds the amount. This procedure serves the purpose of credit card verification and authentication.
Satisfaction Guarantee: Private lessons offered and administered by private tutors on TeachPoint are entirely risk-free for the student. If a student is not satisfied with one or another private lesson, they are under no obligation to pay for it.
Payments and Accounting for Tutors
TeachPoint is not a contractual partner between the tutor and student, thus tutors are being paid directly by their students. However, TeachPoint offers tutors a simple way and method to collect their fees from students.
Every tutor is fully aware that TeachPoint is offering a satisfaction guarantee to the students, i.e. tutors know that they will not be paid if their student is not satisfied with their performance and/or lesson.
The minimum amount tutors can withdraw from their accounts is CHF 40.00 and above. If they wish to withdraw less than CHF 40.00 TeachPoint will deduct a handling fee of CHF 10.00 from the respective amount. Withdrawals of less than CHF 10.00 are therefore impossible. TeachPoint checks and processes pending withdrawals within 7 business days after filing.
If a member knowingly or unknowingly circumvents TeachPoint’s payment system or if they have committed a criminal offence, TeachPoint may delete the respective member’s profile with immediate effect. Claims for possible remaining funds become void in such a case. TeachPoint also reserves the right for indemnity claims.
Sanctions, Suspension and Termination
Membership always is free of charge, but also can be cancelled at any time by letter or email. Members are obliged to always file their current email address with TeachPoint. In order to not miss possible reminder emails, TeachPoint recommends that members should regularly screen their spam folders. TeachPoint cannot be held liable for lacking notifications or non-receipt of emails.
If valid clues materialize that a member might have violated certain statutory provisions, the rights of third parties or TeachPoint’s Terms and Conditions, or if TeachPoint identifies another valid interest, for instance to protect members from fraud, TeachPoint has the right to initiate one or several of the following actions against the offending party:
Restriction to use TeachPoint
Deletion of offers and other content
Temporary or terminal suspension
Retaining of account credit
Revocation of ratings received from other members
The choice of appropriate measures is decided on a case-by-case basis.
Terminally suspended members cannot register on TeachPoint again and are prohibited from using TeachPoint through other member accounts.
Both tutors and students are under the obligation to refrain from any sectarian practices, taking up religious positions or disseminating political positions.
Copyright and Liability Disclaimer
The contractual as well as non-contractual liability of TeachPoint and its auxiliary personnel is entirely excluded, except in cases of gross negligence or willful misconduct.
Offers and content posted by members on TeachPoint are principally never checked by TeachPoint for their legality, correctness and completeness. Private tutors are neither examined nor checked for their academic qualifications, therefore each member has the duty to scrutinize the identity, competence and goodwill of their contract partner by themselves.
Under the current development state of technology, data communication via the Internet cannot always be guaranteed to be error-free and/or available, therefore TeachPoint cannot be held liable for permanent and uninterrupted availability of its services.
TeachPoint cannot be held liable for damages that the user may sustain from transmitting, storing and using of digital contents of any kind. Downloading of documents and programs via the Internet is at the user’s own risk.
It is strictly prohibited to copy, distribute, license and broadcast any texts, graphics, audio documents and video clips without explicit written permission from TeachPoint. TeachPoint retains the full copyright for all published objects produced in-house.
Third-Party Product Warranty
TeachPoint accepts no responsibility, guarantee and warranty for third-party products of any kind that are introduced on the web pages in any form. Furthermore, TeachPoint accepts no responsibility, guarantee and warranty for the content, products and services of third parties displayed on TeachPoint’s web pages in the form of links.
The personal data filed by the user (salutation, name, address, date of birth, email address, phone numbers, etc.) with TeachPoint are exclusively collected, processed and stored in full compliance with the data protection law of Switzerland.
By filing these personal data, the user explicitly agrees that they can be collected, processed and utilized as far as necessary for the purposes of justification, content design, amendment of the contractual provisions regarding the utilization of teleservices (so-called inventory data) and billing (so-called accounting data). The user furthermore agrees to the collection, processing and utilization of data regarding the usage of teleservices (so-called usage data) as far as this serves the purpose of enabling the user to utilize such teleservices.
The website teachpoint.com is operated by TeachPoint and for its purpose allows third parties access to data and information about the services offered through it. However, data are only passed on to third parties as far as is necessary to ensure the platform’s functionality. Data are never sold to third parties or used for market research and/or advertising and/or other company-internal purposes, unless the user has given their explicit permission prior to such usage.
TeachPoint is not storing any credit card information. All credit card transactions are processed and handled through Datatrans (Datatrans AG, Stadelhofenstrasse 33, 8001 Zurich, Switzerland).
TeachPoint is accepting no liability for TeachPoint members. Every member is obligated to observe all relevant laws while using TeachPoint; in other words: every member is liable for their own actions and they must ensure that their posted offers or content are law-compliant and do not infringe the rights of third parties.
Upon contract formation it is the legal obligation of the contract parties to pay all required social security or pension fund contributions, as well as all applicable taxes to the relevant authorities and all members and their contractual partners have the duty to adhere to this provision. In Switzerland, further information can be obtained from http://www.bsv.admin.ch/ and http://www.efd.admin.ch/themen/steuern/02311/index.html?lang=de. If requested, TeachPoint can submit relevant information to the authorities.
The email address and mailing address (postal address) of a member are considered those which the member has currently filed as contact data in their member account.
All statements and correspondence regarding the utilization contract a member has entered into with TeachPoint, must be submitted in the written form either by email or letter.
If some paragraphs or parts thereof within these Terms and Conditions should turn out to be invalid and/or legally void, whether in part or as a whole, and for whatever reason, they shall not have any effect on the legal validity of the remaining paragraphs, whether in part or as a whole. The invalid and/or legally void paragraphs shall be substituted by those other paragraphs within these Terms and Conditions, which come closest in terms of legal import and purpose to the paragraphs deemed invalid and/or legally void. The same principle shall apply in cases of potential vacancies within these Terms and Conditions.
Amendment of these Terms and Conditions
TeachPoint reserves the right to amend these Terms and Conditions either in part or in whole at any time. In cases where a continuing obligation exists between TeachPoint and a member, the following regulations shall apply: Any amendments in the Terms and Conditions shall be communicated to the members by email, whereas the amended parts shall be highlighted in some form for easier identification. The amended Terms and Conditions are deemed as accepted as long as no member voices an objection to their forthwith validity. If a member does not object, their silence shall be deemed as approval of the new Terms and Conditions. However, TeachPoint cannot be held liable for non-receipt of the notification email or lack of otherwise notification regarding the Terms and Conditions amendments. If a member wishes to object to the Terms and Conditions amendments, they must do so in writing:
by email: email@example.com
by letter: TeachPoint Baumann GmbH, Herweg 33, 8708 Maennedorf, Switzerland
If a member files an objection, the amendments in the Terms and Conditions shall be deemed as rejected and the continuing obligation between the member and TeachPoint shall continue on the basis of the original Terms and Conditions. This does not affect the right of TeachPoint to terminate the continuing obligation by email or letter and under observation of a term of notice of one (1) month, counting from the date of receipt of the respective member’s objection to the amended Terms and Conditions.
Applicable Laws and Place of Jurisdiction
All disputes between TeachPoint and a member – whether current or former – in relation to the currently enacted Terms and Conditions are governed by the laws of Switzerland. The place of jurisdiction is Zurich, Switzerland.