Enkademy Tutor Guideline

Updated: 2023/03/31

Welcome to Enkademy!

Please read this Enkademy Tutor Guideline (“this Guideline”) carefully, understand and agree to the rights and obligations associated with your tutor membership. Enkademy is committed to creating a friendly, professional, and reliable online learning platform where everyone is treated equally. Your support of these values is very important to us.
By browsing and using the Enkademy website (https://enkademy.com and all related domains and subdomains) or any of the Enkademy applications (collectively known as “Enkademy”, “this Platform”, “We”, or “Us”) and then enrol as a tutor member (“Tutor Member(s),” or “You” ) of this Platform, you agree that you are aware and have had sufficient time to read carefully, understand, and agree to comply with the rights and obligations provided in this Guideline. If you disagree with this Guideline, please stop using this Platform immediately and contact us for further assistance.

1. Scope of Services
1.1 Enkademy is an online education platform that specializes in matching Tutor Members with Student members (“Student Member(s),” or “Student(s)”, Tutor Members and Student Members are collectively known as “Members”). We aim to enable Student Members to search, screen, and communicate in real-time with Tutor Members that meet their learning expectations, by way of the social networking features on this Platform. Furthermore, Student Members will enter into teaching service agreements with Tutor Members (“Teaching Service Agreement(s)”). “Tutor Members” refer to those who publish their teaching experiences and related text, images, and videos on this Platform via the interface provided by us and enter into Teaching Service Agreements with Students. By becoming Tutor Members, you agree to be bound by the terms and conditions of this Guideline.
1.2 The Teaching Service Agreement refers to an agreement entered between the Student Member and the Tutor Member regarding the requirements for teaching services. A Teaching Service Agreement shall take effect when the Student Member completes a course or package payment after check-out process. The content of the Teaching Service Agreement shall include but not be limited to the following: hours of teaching, content of course, length of course, and tuition fee (each payment represents an “Order”). The Order shall subject to the definition of Section 4.6 in this Guideline.
1.3 The key services provided by this Platform include but are not limited to online education matchmaking service, course fee collection and payment, teaching evaluation, and other services as updated on this Platform from time to time.
1.4 Based on the above, You understand and agree that Enkademy is a matching service provider and not a party to any Teaching Service Agreement. Tutor Members must take responsibility for their own words and behaviour on this Platform. No Tutor Members are employees or agents of Enkademy; also, no Tutor Members may take any legal action on behalf of this Platform without the prior written consent of this Platform. Furthermore, You understand and promise to exercise caution regarding your own safety, such as security in providing personal information to Student Members. Enkademy cannot be liable for the words and behaviour of any Student Members.
1.5 You understand and agree that teaching services are solely provided by Tutor Members and not by Enkademy. Enkademy is a platform that may facilitate Tutor Members to improve the quality of teaching services.
1.6 In the event of a dispute between a Student Member and a Tutor Member, Enkademy will help with clarification and resolution of the dispute. The dispute resolution procedure shall be governed by the provisions for dispute resolution under Section 8 of this Guideline.

2 Scope and Amendment of Agreement
2.1 You shall register to be a Student Member first then apply to be a Tutor Member on the Platform. Therefore, You agree to oblige to Enkademy User Service Agreement and Privacy Policy (including Privacy Policy and Supplementary Statement on Privacy Policy).
2.2 This Guideline includes all tutor guideline, service agreement, privacy policy, Q&As, promotions terms and other guidelines and policies which are shown or published on this Platform or published on any third party website managed by this Platform (e.g. the blog of this Platform) or are published on social media managed by this Platform (e.g. Facebook, Instagram or other social media accounts managed by this Platform) from time to time.
2.3 For the purpose of ensuring business operation for this Platform and protecting consumer rights, this Platform reserves the rights to update, amend, and supplement this Guideline as needed. Each such update, amendment, or supplement shall constitute a part of this Guideline. This Platform will announce any amendment, update, or supplement of this Guideline on the website or applications or by notifying you by other means. Should you continue to browse or use this Platform after an update is published, you agree to be bound by the terms and conditions as updated, otherwise, you shall stop using this Platform immediately and contact us for further assistance.

3 Membership Eligibility
3.1 This Platform is available only to individuals who are aged 18 or above and have legal capacity to conclude binding contracts, unless applicable laws state otherwise. If you are a person with limited capacity, please obtain the consent from your legal guardians before using this Platform and have your legal guardians be held responsible for your behaviour on this Platform. If you are a person without legal capacity, please have your legal guardians use this Platform on your behalf and have your legal guardians be held responsible for your behaviour on this Platform. This Platform has the right to reject your access to this Platform should you do not meet the eligibility requirement.
3.2 For applying the tutor membership, You shall provide: (1) the identification document; (2) resume and supporting documents; (3) language teaching certificates or proof; (4) teaching video and other relevant information for this Platform to review the tutor’s qualifications. Where some, or all, of the documents are incomplete or the authenticity is uncertain, this Platform may ask the applicants to provide further information. Failure of the application process may cause the Platform to refuse the registration of the tutor membership. This Platform may ask Tutor Members to supplement or update the documents listed above or proof of other personal information, education background, and teaching-related experiences from time to time on the Platform’s sole discretion.
3.3 This Platform reserves the right to approve a tutor membership. If you apply to become a Tutor Member but were not approved, this platform may reject your application on the Platform’s sole discretion.

4 Tuition Fees and Processing Charges
4.1 We set a per-hour and per-course tuition fee based on your teaching experience and the time needed for preparation. We also reserve the right to adjust the fees anytime. Please note the adjustment to the fees will not apply to the existing Order(s) (Please see Section 4.6 for meaning of Order(s)).
4.2 You understand and agree that for Student Members purchasing trial courses or packages or a fixed numbers of regular courses or packages, or courses or packages over a certain threshold in one transaction, this Platform will offer a discount automatically (e.g. This Platform will offer a 10% discount to Student Members who purchase 5 courses from the same tutor in one transaction; or a R100 or R220 coupon to Student Members who purchase regular courses). The discounts are stated in the Q&A section of this Platform. You agree to accept the rules for the discounts and provide these discounts to the Student Members. This Platform reserves the right to adjust the discounts at any time.
4.3 You understand and agree that your tuition fee income on this Platform will be calculated according to the undisputed sessions that you completed. This Platform may charge for the platform service fee from the tuition income that you receive every week, and the platform service fee will vary according to your total tuition income for the current month. The platform service fee schedule is as provided in the Q&A section of this Platform. You understand and agree that this Platform reserves the right to change this schedule at any time, including the language taught and the corresponding platform service fee percentage.
4.4 You agree and understand that this Platform may deduct business taxes and payment service fees derived from your orders from your monthly tuition income. The aforesaid business taxes and payment service fees will be as specified in the Q&A section of this Platform. You understand and agree that this Platform may change the amounts of business taxes and payment service fees at any time to reflect actual conditions and business needs.
4.5 This Platform reserves the right to change the platform service fee percentage and discount offers as needed. You understand and agree to accept such changes. However, such changes will not apply to Orders that existed.
4.6 The aforesaid orders refer to the number of classes, price, and packages specified on the payment page (hereinafter referred to as “order(s)”, and each order is confirmed separately) after a Student Member has completed the payment listed at the checkout page.

5 Tuition Pay-outs
5.1 You agree that this Platform will calculate your tuition income for the previous month on the first day of every month, and automatically pay out the tuition income by means of an EFT or direct bank transfer on the last day of every month.
5.2 This Platform may change the rules for pay-outs of tuition income as needed to reflect actual conditions and business needs.

6 Obligations of Tutor Members
You agree to comply with the following Tutor Member obligations. If you disagree with any of the terms and conditions set forth below, please stop accessing this Platform immediately and contact us to close your tutor member account and for further assistance:
6.1 Member accounts as provided by this Platform are for your personal use only. You may not register or use more than one account at the same time or make your account available to be used by any third party either for a fee or free of charge.
6.2 You shall properly secure your account. In the event of error or unauthorized access, you shall notify this Platform immediately, and endeavour to provide relevant information for this Platform to investigate.
6.3 You shall be responsible for all activities and transactions made by your member account. You agree to safeguard your account on this Platform and keep your account secure and your account information up to date. In the event of error or unauthorized access, you shall notify this Platform immediately, and endeavour to provide relevant information for this Platform to investigate.
6.4 You shall ensure the authenticity, completeness, and legality of registration details, documents provided for registration purposes pursuant to Section 3.2 of this Guideline, and any information provided to this Platform. You shall also keep it updated at this Platform’s request.
6.5 As a Tutor Member of this Platform, you may not provide online education services in teaching any language, skill or academic subject on any other online learning platform, tutorial school, or school, unless authorized by this Platform.
6.6 You should review promptly all notifications sent by this Platform. You shall review all the announcements of the Platform concerning service process and policies of the websites on a periodical basis; you shall access the Platform on a periodical basis.
6.7 You should be responsible for paying for any electronic devices and equipment and network connection (collectively as “equipment”) access for receiving or delivering courses through this Platform and shall ensure their availability. If you are unable to attend for reasons not attributable to this Platform, this Platform will not be responsible for the resulting costs and/or losses. In addition, you may not claim a tuition fee for the classes affected until you have followed this Platform’s rules and finished makeup classes within a specified period.
6.8 You may not interfere with the functions of this Platform and its operations. You may not use bots or otherwise, change, delete, or damage the data or equipment of this Platform. You may not utilize any loophole embedded in the design of this Platform or attempt to bypass or damage this Platform’s security mechanisms or use other techniques to change, delete, or collect any data on this Platform or cause any adverse effect on this Platform’s operation by any other means.
6.9 You may not abuse any rewards or coupons provided by this Platform in any way to make illegal gains for yourself or any third party or use the sales and incentive policies provided by this Platform in any way not explicitly permitted by this Platform.
6.10 In the event of any disputed payment or refund, you should make best effort to cooperate with this Platform and provide relevant information for investigation. You should also cooperate with the bank or financial institution or any other relevant authorities to complete the investigation process.
6.11 You may not encourage, entice, or use any other means to take other Student Members or Tutor Members out of this Platform or ask Student Members to remit the payment without using the Platform.
6.12 You shall maintain the functionality and operation of the teaching evaluation. You may not use bots or other techniques to influence your own or other tutors’ evaluation, and you may not use an exchange of benefits, threat or coercion, or any other inappropriate means to manipulate other people’s freedom to give ratings.
6.13 You may not use this Platform for false or illegal transactions.
6.14 You may not infringe on the rights of this Platform and users of this Platform. Such infringement includes infringement on a third party’s copyright, trademark, patent, trade secret, or any other intellectual properties.
6.15 You may not, during a class or on this Platform, publicly upload, transmit by private message, or use any website, app, or communication software not provided by this Platform to send any inappropriate, pornographic, defamatory, untrue, verbally abusing, illegal or any other content or behaviour that may cause a negative reaction in others. You may not harass or send information unrelated to the courses to other Student or Tutor Members.
6.16 You may not engage in any harassing, damaging, threatening, or stalking comment or behaviour aimed at any other member of this Platform.
6.17 You may not engage in any discriminating comment or behaviour against Members of this Platform based on race, class, language, belief, religion, political affiliation, place of origin, birthplace, gender, sexual orientation, age, marital status, appearance, facial attributes, mental/physical disability, horoscope, or blood type.
6.18 Without the written consent of this Platform, You may not promote any for-profit or non-profit activities on this Platform for yourself or any other third party.
6.19 You may not use this Platform for any purpose other than those intended.
6.20 You may not engage in any activities to avoid paying any related expenses and/or charges.
6.21 You may not engage in any activities which may be deemed inappropriate by this Platform with cause.
6.22 You understand and agree to cooperate with the promotion terms or policy of this Platform, including but not limited to sales strategies of this Platform, third party websites managed by this Platform (e.g., the blog of this Platform), or social media accounts managed by this Platform as authorized (e.g., Facebook, Instagram or other social media accounts managed by this Platform). The promotion terms and policy including but not limit to, using Your uploaded photos or videos to advertise on the social media or google web pages. You understand that the promotion terms of this Platform are intended to increase orders and promote courses taught by tutors.
6.23 You shall comply with this Guideline in good faith and comply with the local laws and regulations where you are. You may not engage in any activities which may cause damage to this Platform, other Members, or any third party.

7 Information Ownership and Secure Access
7.1 Ownership of this Platform: All copyright, trademark, patent, or rights for which this Platform has not applied are property of this Platform or of third parties who have given permission to this Platform. Unless otherwise explicitly stated by this Guideline, this Platform does not grant you, either explicitly or implicitly, any rights.
7.2 Ownership of member: Provided the aforesaid provisions are upheld, the copyright and materials (“Tutor Member’s contents”) which you create and upload, save, and publish on this Platform or provide through this Platform will be your property. You agree and promise that Tutor Member’s contents are owned by you, and you have not infringed on any third party’s rights.
7.3 If you discover any infringement on the ownership of your materials on this Platform, please contact Enkademy immediately and provide relevant proof so we may help.
7.4 Tutor Member’s contents authorization: You hereby grant this Platform the right to use your Tutor Member’s contents. This right is irrevocable, permanent, nonexclusive, transferrable, and granted gratuitous. You agree that this Platform may use by the following means, including but not limited to, gratuitously or non-gratuitously, reviewing, reproducing, altering, publishing, distributing, verbally describing publicly, broadcasting publicly, displaying publicly, showing publicly, or transmitting publicly on this Platform, a third party website to which this Platform operated (e.g. the blog of this Platform), any other platform managed by this Platform as authorized (e.g. Facebook, Instagram or other social media accounts managed by this Platform), or any third party with this Platform’s permission a tutor’s contents, which may also be used to promote or market this Platform.
7.5 Privacy Expectation: You understand and agree that this Platform is an open platform with an unspecified number of users. All materials, including but not limited to records of your course or non-course related communication with other Members via this Platform; personal teaching experience, resume and supporting documents, teaching videos disclosed and published by you on this Platform; and process records and course ratings disclosed by this Platform, which you upload, save, and publish will not be confidential. Please exercise caution regarding your privacy and information security.
7.6 Security management mechanisms:
7.6.1 You understand and agree that for the purpose upholding the business Guideline and user safety on this Platform, this Platform may store and review all member activities on this Platform, including but not limited to personal information published by you on this Platform, course feedback, your class records and recordings, your communication history with this Platform, and your communication history with other Members via this Platform, regardless of them being text, images, or videos. You understand and agree that this Platform may use the aforesaid materials as a basis for dispute resolution, and that this Platform may use the aforesaid materials for internal analysis and optimization of this Platform to provide better service for you.
7.6.2 You understand and agree that in the event of a copyright dispute over a Tutor Member’s contents or any interference with another member’s access of this Platform, this Platform reserves the right to, at its sole discretion, suspend or remove your right to upload, save, and publish materials, and this Platform also reserves the right to, at its sole discretion, suspect or terminate your right to access or use all or part of this Platform. Should any of the behaviour above be attributed to you, you may not claim any compensation for this Platform’s suspending or removing materials uploaded, saved, or published by you or terminating your use of this Platform.

8 Dispute Resolution
8.1 Principles of dispute resolution: The services provided on this Platform are intended to match Student Members and Tutor Members for Teaching Service Agreements to be entered into between the two parties. This Platform does not involve itself in any dispute between a Student Member and a Tutor Member arising from a Teaching Service Agreement in principle.
8.2 Submission of dispute resolution: Refund disputes arising from Teaching Service Agreements are an exception where the Tutor Member or the Student Member may submit the dispute in writing to this Platform and proceed by following the dispute resolution procedure on this Platform. However, submission of such a request must be made within 3 days after a dispute has occurred. This Platform may reject submissions that fail to comply with the format or fail to meet the submission deadline.
8.3 Deliberation of dispute resolution: For the determination of facts in dispute resolution, the burden of proof will be on the parties involved. Deliberation of dispute resolution will be conducted in writing. This Platform may, where needed, invite both parties to present their statements at a designated location or over the Internet. For the duration of dispute resolution, this Platform may temporarily suspend the Tutor Member’s right to receive payments.
8.4 Handling of dispute resolution: This Platform may, having regards to all evidence, determine whether the Teaching Service Agreement has been performed. If the Student Member has reasonable cause to terminate the Teaching Service Agreement, this Platform may refund the unused portion of the tuition fees paid by the Student Member to the student’s account. If the facts are unclear and there is no reasonable cause be determined, either way, this Platform may, where needed, unilaterally refund the tuition fees to the Student Member and negotiate in relation to compensation with you.

9 Effect of Violation of this Guideline
9.1 Should you violate this Guideline, this Platform may take measures including but not limited to:
9.1.1 deleting the offending content;
9.1.2 suspending your tutor account privileges, such as suspending your classes or your withdrawal of course income;
9.1.3 terminating your tutor account; and
9.1.4 demanding compensation for damage.
9.2 In the event that you violate this Guideline, this Platform may decide at its sole discretion to take part or all of the aforesaid measures against you. However, whether this Platform takes any measure does not exempt you from your liability under the law with relation to other Student Members or Tutor Members.
9.3 Once your account is suspended or terminated, you will be temporarily or permanently unable to use this Platform. This Platform reserves the right to suspend or terminate your account without prior notice. If your tutor membership is terminated, you may no longer access, change, or delete any materials which you have saved or uploaded to this Platform.
9.4 If you attempt to avoid paying fees on this Platform or to make others to do so, you shall pay this Platform the full amount due.
9.5 You give explicit consent that should you violate this Guideline and become liable for damage to this Platform, this Platform will have the right to deduct the compensation demanded by this Platform from your tuition income and return the remaining balance without interest after the responsibility of each party is clarified. If the amount of compensation to be paid by you exceeds the remaining balance of your tutor account, you shall make a supplemental compensation payment to Enkademy.

10 Liability and Exclusion
This Platform is intended to help match you to Student Members and help coordinate the two parties to enter into Teaching Service Agreements. This Platform also, as authorized by the Members, provides website maintenance and administration and tuition fee collection. Apart from maintaining the integrity of the searching, screening, and teaching evaluation features of this Platform and maintaining the quality of real-time communication and tuition fee collection services, this Platform does not guarantee any of the following:
10.1 the authenticity, security, accuracy, and compliance of third-party pages, ads, or all other online information published on this Platform for business reasons but not owned by this Platform;
10.2 the event of service suspension or disruption due to error of a third-party supplier; and
10.3 service suspension or disruption caused by force majeure, such as war, major fire, flood, typhoon, earthquake, or infectious disease that may cause service suspension or disruption.

11 Termination of Tutor Guideline
11.1 You may submit a request to terminate your tutor membership to this Platform at any time to cease providing teaching services for Student Members on this Platform. You shall be responsible to complete all the Orders prior to the termination. If You fail to complete the lessons stipulated in the Orders, the Platform may request for 20% from all the incomplete Orders as the penalties and may deduct from Your tutor account.
11.2 To ensure quality services, this Platform reserves the right to retain and use the conversation history and class recordings left by you before termination and various information published or uploaded by you on this Platform.
11.3 Section 7 Tutor Member’s Contents Authorization, Section 9 Effect of Violation of this Guideline, and Section 10 Liability and Exclusion shall not expire upon the termination of this Guideline.

12 Liability for Damage and Maximum Limits
If a Tutor Member suffers actual damage attributable to this Platform, this Platform will be liable for such damage up to the total amount of the order. However, the loss of expected benefit arising from the execution of the Teaching Service Agreement shall be excluded from the damages herein referred to. In cases where damages occur in connection with multiple Orders, the liability shall be determined as per the most recent Order.

13 Miscellaneous
13.1 In case this Platform has not exercised any of the rights under this Guideline, it shall not be deemed as this Platform as waiving such rights. If any provision in this Guideline is declared void or unenforceable through court judgments, the remainder shall stay in effect and enforceable.
13.2 You agree to use the email address you provided at registration as the way in which you communicate with this Platform.
13.3 If you have any questions regarding the provision provided in this Guideline, please contact the customer services on this Platform. This Platform may refuse to reply to questions that failed to meet the format requirements.
13.4 All disputes arising from this Guideline shall be governed by the laws of South Africa. All disputes over the rights and obligations between this Platform and its Members arising from the use of this Platform shall be resolved by the member submitting a request for dispute resolution to this Platform and proceeding to negotiation. Where negotiation fails, you agree that the South African courts shall be the court of competent jurisdiction.