Website Terms of Service

Last Update: 6 November 2019

Introduction

Welcome and thank you for your interest in kalvie.com (“Site”, “Website”, “Kalvie”) an online services platform provided by Kalvie, Inc. (“Kalvie”, “we”, “us”, “our”). The Site provides an online platform enabling individuals seeking (“Users”) tutoring, instruction, learning services (“Tutoring Services”) to find and connect with tutors (“Tutors”) that provide live, one-on-one, sessions through our virtual classroom (“Tutoring Sessions”). The platform includes the ability for Users and Tutors to interact and communicate.

These Website Terms of Use, the KALVIE Privacy Policy, and, where applicable the Booking, Rescheduling, & Cancelling Policy, No Show Policy, Tutor Terms of Service, and/or User Terms of Service available at signup and at every subsequent login, and can be found at the respective locations listed just below, constitute the entire agreement between you and KALVIE with respect to this website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and KALVIE with respect to this website.

Copyright and Use License

You acknowledge that the Software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the site, the Software or the Services (collectively, the “Company Content”) are the proprietary works of us and/or our affiliated and/or third party providers and suppliers (Third Parties) and are protected, without limitation, pursuant to foreign copyright laws. Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the site, Company Content or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the Software or any other Company Content, the site or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not “mirror” any Company Content or the Services on any server. Any unauthorized or prohibited use of the Software, other Company Content, the site or the Services may subject the offender to civil liability and criminal prosecution under applicable laws.

You may download and print a reasonable number of copies of documentation provided or available in connection with the Company Content for non-commercial personal or educational use only and we grant you a limited, non-perpetual, revocable, non-transferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services, the Software and the other Company Content for non-commercial personal or educational purposes while these Terms are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the Company Content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (ii) you will not modify any of the Company Content except as approved by us in advance in writing. You acknowledge that we and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, the site and the Services, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Company Content or otherwise, including without limitation, by accessing or using the site, the Company Content or the Services. The rights granted to you herein are revocable by us in accordance with these Terms.

Trademarks

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the site or in any Company Content are registered and unregistered Trademarks of KALVIE, and/or its affiliates or others and are protected under foreign trademark and applicable laws. Nothing on the site, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site or in connection with the Services, Company Content or Software, without the written permission of KALVIE or the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a “hot” link to any other World Wide Web site unless approved by us in advance in writing. Other products or entity names mentioned in this website may be the Trademarks of their respective owners.

Cookies and Data

Cookies are files that your Web browser puts on your computer when you visit a Web site. We use cookies to tell us how often you visit our site, and what pages you go to on our site. Sometimes we use files from third parties (called third-party cookies) to help us see where people go on our website, to improve our services and the performance of our advertising. This data is not used individually to identify users of this website, but is used to analyse system performance, usage, peak usage and usage trends.

The use of cookies is a standard practice on the Internet and can improve the service that a website provides. The information stored in cookies is not used to personally identify an individual and does not contain “personal” information or data. Cookies sent by KALVIE that are rejected may limit your access to this Site or this Site may no longer function as intended or be accessible to the User.

Links to Third Party Websites

The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet, all of which are provided for your reference only. KALVIE has no control over such sites and their content and is not responsible for and does not endorse such sites and content. You further acknowledge and agree that KALVIE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that KALVIE is not liable for any loss or claim that you may have against any such third party.

Disclaimer

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. KALVIE AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. KALVIE DOES NOT WARRANT THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. KALVIE DOES NOT WARRANT THAT PROVISION OF TUTOR SERVICES WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR OTHERWISE PROVIDE ANY ECONOMIC BENEFIT.

YOU ACKNOWLEDGE AND AGREE THAT: (A) KALVIE DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS; (B) KALVIE WILL NOT BE RESPONSIBLE FOR ANY OF THE FOREGOING ACTIVITIES; (C) YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS; AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KALVIE OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER 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 OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT KALVIE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF USERS OF THE SITE OR SERVICES, NOR DOES KALVIE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. KALVIE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER 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 OR SERVICES.

Social Media

KALVIE’s use of social media serves as an extension of its presence on the Internet. Social media account(s) are public and are not hosted on KALVIE servers. Users who choose to interact with KALVIE via social media should read the terms of service and privacy policies of such third-party service providers and those of any applications you use to access them. Personal information that you provide to KALVIE via social media account(s) is collected in accordance with our privacy policy and applicable laws. This information is collected to capture conversations (e.g. questions and answers, comments, “likes”, re-tweets) between you and KALVIE. It may be used to respond to inquiries, or for statistical, evaluation and reporting purposes. Any comments which are posted that violate applicable law will be deleted and disclosed to law enforcement authorities. Any comments which are posted that violate our rules will also be deleted.

Refund Policy

To access Kalvie Services, a User must create a Student or Parent account. At first signup, new Users receive one free hour to try our service. If unused, the free hour is strictly non refundable. After this point, continued use of the service would require purchasing Tutoring Packages or Courses which are also strictly non refundable. If for any reason you are not satisfied with a tutor or a Tutoring Session after the session is over, please contact us at support@kalvie.com.

Changes

We reserve the right, at any time, to modify or replace these Terms of Use. If we make changes, we will notify you by revising the date at the top of this policy. We encourage you to review these Terms of Use whenever you interact with us to stay informed about our information practices and the ways you can help protect your privacy. This Privacy Policy forms part of our wider Terms of Service. Your use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes. If you do not consent to these Terms of Use, or any subsequent changes, please stop using the Services. You agree to periodically review the current version of these Terms of Use as posted on the site. These Terms of Use, the KALVIE Privacy Policy, available at http://kalvie.com/privacy and, where applicable The Terms of Service for each respective type of User, available at signup and through the respective Users login area, constitute the entire agreement between you and KALVIE with respect to this website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and KALVIE with respect to this website.

Copyright © 2019 Kalvie. All rights reserved.