Last updated: 20/03/2021

TERMS OF USE

Section A – General Terms

1. Introduction

1.1. Please read these Terms of Use carefully. By using the Service (as defined below), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and Ascent’s Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and Ascent (as defined below). The Agreement applies to your use of the Service provided by Ascent. If you do not agree to the Terms of Use, please do not use or continue using the Platform (as defined below) or the Service.

1.2. Ascent may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on https://ascentedu.org/terms-of-service/. It is your responsibility to review the Terms of Use and Ascent Policies regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

1.3. Ascent is a technology platform for users to obtain or procure services. Depending on the service in question, the services may be supplied by Ascent or a third party provider. Where the service is provided by a third party provider, Ascent’s role is merely to link the user with such third party providers. Ascent is not responsible for the acts and/or omissions of any third party providers, and any liability in relation to such services shall be borne by the third party provider. Third party providers shall not represent to be an agent of Ascent and the solutions provided by third party providers shall not be deemed to be provided by Ascent.

2. Definitions

In these Terms of Use, the following words shall have the meanings ascribed below:

2.1. “Ascent” / “we” means:

2.2. “Ascent Policies” means the following:

2.2.1. the Privacy Policy;

2.3.2. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time;

2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion any health information

2.5. “Platform” means the Software and any other platform, portal or website which Ascent owns, operates or otherwise makes available to Users and/or Third Party Providers for the purposes of or in connection with the Service and/or Solutions;

2.6. “Platform Content” means any content as made available on the Platform or any part thereof;

2.7. “Privacy Policy” means our privacy policy accessible at: https://ascentedu.org/privacy-policy/ as amended from time to time;

2.8. “Service” means the linking of Users to Third Party Providers or other Users to facilitate the Solutions;

2.9. “Software” means any software in connection with the Service and/or Solutions which is made available by Ascent;

2.10. “Solutions” means the following services which are made available to Users through the Service (each a “Solution”):

2.10.1. The automated pairing of Users with Third Party Providers for peer tutoring purposes;

2.10.2. Any such other services which Ascent may make available from time to time;

2.11. “Third Party Provider” means the independent third parties who provide the relevant Solutions to Users through the Service;

2.12. “User” means any person who accesses or uses the Platform to search for and obtain the Solutions; 

2.13. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable taxes and any other fees or charges that may be due for a particular use of the Service or Solutions; and

2.14. “you” refers to the Third Party Provider and/or User as may be applicable.

3. Representations, Warranties and Undertakings

3.1. By using the Service, you represent, warrant / undertake that:

3.1.1. All the information which you provide shall be true and accurate;

3.1.2.You will only use the Platform and Service for their intended and lawful purposes;

3.1.3.You will not try to interrupt or harm the Service and/or Platform in any way;

3.1.4. You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;

3.1.5. You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards Ascent or any third party;

3.1.6. When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;

3.1.7. You will provide accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that Ascent may rely on your information as accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Ascent has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

3.1.8. You agree that the Service is provided on a reasonable effort basis;

3.1.9. You agree that your use of the Service will be subject to the Ascent Policies as may be amended from time to time;

3.1.10. You agree to assist Ascent with any internal or external investigations as may be required by Ascent in complying with any prevailing laws or regulations in place; 

3.2. If you are a Third Party Provider, you further represent, warrant / undertake 

3.2.1. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death and trauma which is due to or is alleged to be a result of the tutoring service provided by you;

3.2.2. You shall not contact Users for purposes other than in connection with the Service;

3.2.3. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;

3.2.4. Without prejudice to any other provisions, information which you have submitted to us for your registration as a Third Party Provider on the Platform, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Solutions, and to facilitate your use of our products and services. Your use of the Platform or any part thereof may be monitored by us or a third party service provider. You further agree that any personal data you receive via the Platform or otherwise in connection with the Solutions shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a User via the Platform for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

4. Data Privacy and Personal Data Protection Policy

4.1. Ascent collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of Ascent’s Services and its terms are made a part of this Agreement by this reference.

4.2. Where applicable, you agree and consent to Ascent collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

4.3. You acknowledge that Ascent may disclose Personal Data of other individuals to you in the course of your use of Ascent’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Ascent, and not for any other unauthorized purposes.

5. Third Party Interactions

5.1. During use of the Service, you may enter into correspondence or transactions with third parties who provide their services through the Platform. Any such communication or agreement is strictly between you and the applicable third party and Ascent shall have no liability or obligation for any such communication or agreement. Ascent does not endorse any applications or sites on the Internet that are linked through the Platform, and in no event shall Ascent be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and Ascent is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. Ascent is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

5.2. Ascent may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. 

5.3. You agree and allow Ascent to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service, Platform and/or advertising or marketing material supplied by third parties through the Service.

5.4. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

6. Indemnification

6.1. By agreeing to the Terms of Use upon using the Service or accessing the Platform, you agree that you shall indemnify and hold Ascent and its members harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform and/or any part thereof in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform and/or any part thereof; and (e) where applicable, your provision of Solutions to Users via the Service.

7 Limitation of Liability

7.1. ASCENT SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:

7.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM AND/OR THE SOFTWARE;

7.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM AND/OR THE SOFTWARE;

7.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; OR

7.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER, THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE PLATFORM OR IS REFERRED TO BY THE SERVICE AND/OR THE PLATFORM,

EVEN IF ASCENT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. ASCENT DOES NOT WARRANT OR REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE ASCENT FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS.

7.3. ASCENT WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE AND/OR THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE ASCENT FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE AND/OR THE PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE AND/OR THE PLATFORM.

7.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO THE USER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TUTORING SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

8. Notice

8.1. Ascent may give notice through the Platform or electronic mail to your email address in the records of Ascent. Such notice shall be deemed to have been given 1 hour after sending (if sent by email). You may give notice to Ascent (such notice shall be deemed given when received by Ascent) by registered email to Ascent using the contact details as provided in the Platform.

9. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

10. Contact Us

If you have any questions about these Terms, please contact us.