Terms and Conditions

These Terms of Use (“Terms”) governs your use of the  website, located at DubaiSmartStudy, any mobile applications, and services (“Site”) provided by ESTUDIAINTELIGENTE S.A.S. (“” or “us” or “we” or “our”) having its registered office at Av. Remigio Crespo, Cuenca – Ecuador.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE, DOWNLOADING, INSTALLING OR USING OUR MOBILE APPLICATION. BY ACCESSING, REGISTERING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS SET FORTH BELOW AND THE PRIVACY POLICY. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE DISCLAIMERS AND PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS SITE OR DOWNLOAD OUR MOBILE APPLICATION.

WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

General Terms

DubaiSmartStudy  provides this Site for users seeking tutoring services (“Students”). The terms “you,” “You,” “User,” or “Users” refer to Students, Tutors, or any individual or entity (Institutes) that views, uses, accesses, browses, or submits any content or material to the Site. These Terms are effective upon acceptance and govern the relationship between you and us, including the provision of any Services on our Site. If the Terms conflict with any other document, policy, or content on our Site, the Terms will prevail for the purposes of Site usage. Any express waiver or failure to promptly exercise a right under the Terms will not establish a continuing waiver or any expectation of non-enforcement. If you disagree with the Terms and the Privacy Policy, please refrain from using our Site and exit immediately.

If any provision of the Terms is deemed invalid by any government law or regulation, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that achieves the original business purpose. The remaining provisions of the Terms will remain fully effective.

Services

You are responsible for your actions and omissions. The Site serves solely as a platform to connect Students and Tutors. In the event of any disputes with other users, you release DubaiSmartStudy  (including our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors, and assigns) from any and all claims, demands, and damages (actual and consequential) of all kinds and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or related to such disputes. Students, Tutors, or representatives of institutes, as independent contractors, control the methods, materials, and all aspects of lessons.

We support the decisions and choices made by Tutors or Institutes. These decisions and choices are yours to make; we do not make decisions on your behalf. Our role is to assist you in finding suitable Tutors from LATAM and connecting with them. Our Site allows you to ask informational questions and receive educational answers from Tutors. Students are responsible for choosing the right tutor or institute for their requirements. When making hiring decisions, Students should review and investigate each tutor’s self-reported credentials, education, experience, and reviews from other students. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.

The information provided on DubaiSmartStudy  regarding tutors, coaching centers, institutes, courses, etc., has been compiled by gathering data from various publicly available educational websites. The provided details are for general information purposes only. We regularly update the data to ensure accuracy. For any additional educational information displayed on our website, we recommend contacting the respective institutes.

DubaiSmartStudy  operates the Site from various locations and does not guarantee that the website is suitable or accessible for use in all locations. DubaiSmartStudy  services might not be available in your location, and service availability could vary among locations. Additionally, DubaiSmartStudy  will attempt to deliver all messages sent through the Site’s messaging system. However, we cannot guarantee the delivery of all messages..

DubaiSmartStudy  reserves the right to withdraw or modify aspects of the DubaiSmartStudy  service, or the entire service, for legal or commercial reasons. There might also be instances when the DubaiSmartStudy  service becomes inaccessible due to technical difficulties faced by DubaiSmartStudy  or on the Internet. Nevertheless, we will use reasonable skill and care to overcome such difficulties where possible.

Restricted Activities

You acknowledge and agree that DubaiSmartStudy ‘s services are intended solely to facilitate education and not for any illegal purposes. You are prohibited from using the Site to hire tutors for illegal activities, such as completing assignments, writing test or exam papers, taking quizzes, or any other form of work on your behalf. Additionally, you are not allowed to use DubaiSmartStudy ‘s services for any purpose that violates the academic honesty policy or other conduct policies of your school, college, university, academic institution, or workplace. You agree not to use the Site to:.

1. Violate or encourage the violation of any local, state, national, or international law;
2. Stalk, harass, or harm another individual;
3. Collect or store personal data about other users of our Site;
4. Impersonate any person or entity or misrepresent your affiliation with a person or entity;
5. Interfere with or disrupt the Site, its services, or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.

You also agree not to use the Site or Mobile Application to send messages that are unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by DubaiSmartStudy  at its sole discretion.

Without our written consent, you may not:

1. Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, the use of the Site, or access to the Site for any commercial purpose;
2. Allow, enable, or support the transmission of mass unsolicited commercial advertising or solicitations via email (spam);
3. Use high volume, automated, or electronic means (including robots, spiders, scripts, or other automated devices) to access the Site, monitor, or copy our Web pages or their content;
4. Deep link to the Site for any purpose; or;
5. Frame the Site, place pop-up windows over its pages, or otherwise alter the display of its pages.

Fees & Refunds

DubaiSmartStudy  reserves the right, at its sole discretion, to revise or alter the connect rates without prior notification. Refunds will be issued solely at the discretion of DubaiSmartStudy .

Third Party Reports

DubaiSmartStudy  may engage third-party consumer reporting agencies for various tasks, including criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“consumer reports”). It’s important to note that DubaiSmartStudy  neither endorses nor provides any guarantees regarding the reliability of such consumer reports or the accuracy, timeliness, or completeness of the information within these reports. Additionally, DubaiSmartStudy  does not independently verify the information contained in consumer reports.

By using the DubaiSmartStudy  platform, you give consent to DubaiSmartStudy  for the collection, usage, and disclosure of information within the consumer reports. You understand and agree that DubaiSmartStudy  reserves the right to review and rely on the information presented in consumer reports, at its sole discretion, to make decisions about suspending or terminating a User or investigating a complaint against a User. However, it’s important to acknowledge that DubaiSmartStudy  shall not be held responsible or liable in any manner if the information within consumer reports, relating to any individual including Users, is found to be inaccurate, untimely, or incomplete. Individuals who are the subjects of consumer reports can contact the relevant service provider to dispute the accuracy, timeliness, or completeness of the information.

DubaiSmartStudy  retains the right, at its sole discretion, to suspend and/or terminate a User based on information contained within consumer reports or any other reason as deemed appropriate by DubaiSmartStudy .

Confidentiality of DubaiSmartStudy  Information

Through the Site, you may gain direct access to certain confidential information of DubaiSmartStudy  and its affiliates. This includes, but is not limited to, technical, contractual, product, program, pricing, marketing, and other valuable information that should be reasonably recognized as confidential (“Confidential Information”). It is imperative that you treat Confidential Information with utmost confidentiality. All rights, title, and interests in the Confidential Information remain the property of DubaiSmartStudy  and its affiliates.

The Terms do not place any obligation upon you regarding Confidential Information that you can substantiate through legally adequate evidence:

1. You had possession of before receiving it from DubaiSmartStudy , without any obligation to maintain its confidentiality;
2. Became publicly known without your involvement or violation of the Terms;
3. Was acquired from a third party with the right to disclose it, without an obligation to keep it confidential;
4. Was independently developed by you without using Confidential Information and without involving individuals who had access to it;
5. Is disclosed pursuant to a valid court order or governmental mandate, as required by law, or to establish rights under these Terms, and after notifying DubaiSmartStudy  sufficiently in advance to allow DubaiSmartStudy  the opportunity to object to the disclosure.

Terms of Transacting Business

By using the DubaiSmartStudy  platform, you acknowledge and consent to adhere to DubaiSmartStudy ’s tutor and student payment policies. You affirm your willingness to cover all expenses linked to services facilitated through DubaiSmartStudy . These expenses encompass, but are not limited to:

1. The hourly rate specified;
2. Travel and transportation fees if applicable and mutually agreed upon;
3. Cancellation fees as outlined in a cancellation policy, available on the Site;
4. The commission arrangement between the Institute and DubaiSmartStudy  for course and event booking fees.

Third Party Verification Services

DubaiSmartStudy  may provide one or more third-party verification services, enabling Site Users to request information such as another User’s identity and criminal history. The use of these verification services is voluntary for both the requester and the party being verified. You acknowledge that DubaiSmartStudy  assumes no responsibility or liability if any information provided by a third-party verification service proves to be inaccurate.

Advertisements and Promotions

DubaiSmartStudy  may display advertisements and promotions from third parties on the Site. Any dealings, correspondence, or transactions with advertisers other than DubaiSmartStudy  that are found on or through the Site, including payment, delivery of goods or services, and associated terms, conditions, warranties, or representations, are solely between you and the advertiser. DubaiSmartStudy  holds no responsibility or liability for any loss or damage resulting from such dealings or the presence of non-DubaiSmartStudy  advertisers on the Site.

Third Party Links

The inclusion of information, logos, links, or names of Tutors, Institutes, or any other third-party entities on the Site does not imply an endorsement or warranty of their services, opinions, or products. You assume full responsibility for your decision to engage with or support any such entity and agre e to hold DubaiSmartStudy  harmless from any liability arising from such actions. Furthermore, you acknowledge that the formation of this Agreement or your participation on the Site does not establish any relationship, such as partnership, agency, joint venture, or employment, between you and DubaiSmartStudy  or between any User, including Tutors, Institutes, or other third-party entities, and DubaiSmartStudy .

DubaiSmartStudy  does not exercise control over information provided by Tutors, Institutes, or other third-party entities or users, which you may find offensive, harmful, inaccurate, or misleading.

You are responsible for evaluating the accuracy, completeness, and usefulness of any opinions, answers, or other content available through the Site, from third parties, or obtained from linked sites. If needed, seek advice from professionals to evaluate specific opinions, answers, products, services, or other content.

Text Messages

We send various text messages for purposes such as new student messages, message reminders, job opportunities, and more (“Text Message Program”). Please note that standard data and messaging rates may apply for any text message notifications. For details, contact your mobile phone carrier.

Standard data and messaging rates from your mobile phone carrier may apply for messages sent from us to you and from you to us. If you have questions about your text or data plan, please reach out to your mobile phone carrier.

Intellectual Property Rights

DubaiSmartStudy  grants you permission (which may be revoked at any time and for any reason) to use the Site for services as provided in accordance with these Terms of Use, solely for your personal, non-commercial use (except as specified herein). This permission does not allow any other use. For instance, you may not incorporate the information, content, or material into any database, compilation, archive, or cache. Except as explicitly authorized, you may not deep-link to the Site or access the Site using any automated means to scrape, copy, or monitor any part of the Site or its content. DubaiSmartStudy  retains all statutory and common law rights against those who violate this paragraph. You may not link or frame any pages of the Site or its content, in whole or in part, without prior written consent from DubaiSmartStudy . You may engage with DubaiSmartStudy  or share links to the Site through social networking technology mentioned on the Site. All rights not expressly granted are reserved.

Except as authorized by DubaiSmartStudy  or Content providers, you agree not to reproduce, modify, rent, lease, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of others’ Content, in whole or part, using any means. You must not modify, decompile, or reverse engineer any software disclosed by DubaiSmartStudy  to you, and you must not alter or remove any copyright, trademark, or ownership notice.

“DubaiSmartStudy  Trademarks” include names, marks, brands, logos, designs, slogans, and other designations used by DubaiSmartStudy  in connection with its products and services. You may not remove or alter any DubaiSmartStudy  Trademarks or co-brand your products or materials with DubaiSmartStudy  Trademarks without prior written consent. You acknowledge DubaiSmartStudy ‘s rights in DubaiSmartStudy  Trademarks and agree that any use of them by you benefits DubaiSmartStudy . You agree not to incorporate DubaiSmartStudy  Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or similar designations for use in connection with computer or internet-related products, services, or technologies.

Unless explicitly stated, these Terms do not grant any license to intellectual property rights, by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute, and download DubaiSmartStudy -owned Content on this Site provided that: (a) the copyright notice remains, and a permission notice (e.g., “used with permission”) is added; (b) use of Content is solely for personal, non-commercial use; (c) Content will not be copied or posted on any networked computer or published in any medium, except as permitted by valid permission or license; and (d) no modifications are made to Content. This permission terminates automatically upon breaching any terms or conditions. Upon termination, you must immediately destroy any downloaded or printed Content.

Termination and Suspension

DubaiSmartStudy  reserves the right to suspend (deactivate) and/or terminate (delete) any user account, with or without notice, at its sole discretion, for any reason or no reason. If your account is suspended and/or terminated, you agree not to use the Site during the period of suspension or after the termination of your account.

In accordance with the General Data Protection Regulation (GDPR), users have the right to request the deletion of their personal data (“right to be forgotten”). Upon termination (deletion of profile) or upon a valid request under GDPR, DubaiSmartStudy  will take all reasonable steps to delete your personal data from our systems, unless we are required to retain it for legal or regulatory purposes. To exercise your right to be forgotten, please contact our support team.

Disclaimer of Warranties

Use of the Site is at your sole risk unless explicitly stated. The Site, including information, services, and content, is provided “as is,” “as available,” and “with all faults.” DubaiSmartStudy  disclaims all express or implied conditions, representations, and warranties of any kind, including implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose. DubaiSmartStudy  makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Site.

DubaiSmartStudy  makes no warranty or representations that:

1. the Site will be uninterrupted, timely, secure, or error-free;
2. the results obtained from the Site’s use will be accurate or reliable;
3. products, services, content, information, or other material from Tutors will meet your expectations; or
4. errors in the Site will be corrected.

You assume all risk for any damage to your computer system or loss of data resulting from obtaining any content from the Site, including damages from computer viruses.

Assumption of Risk

You agree and understand that you assume all risks when using the Site, including all risks associated with online or offline interactions with other Users. You agree to take necessary precautions, including following DubaiSmartStudy ‘s Tutor and Student Safety Tips, when interacting with other users.

Indemnification

You agree to indemnify, defend, and hold harmless DubaiSmartStudy , its subsidiaries, affiliates, officers, directors, agents, licensors, partners, employees, and representatives from any claims, demands, losses, expenses, damages, and liabilities, including legal fees and court costs, related to your:

1. actions on or off the site;
2. violation of others’ rights, including alleged infringement of intellectual property;
3. breach of these terms;
4. disputes with other Users;
5. use and misuse of the site, including information and materials;
6. violation of any law or regulation;
7. inaccurate, untimely, incomplete, or misleading User information;
8. misstatements and misrepresentations;
9. use of third-party websites and information;
10. User information;
11. use of information in third-party reports;
12. use of third-party payment processing services;
13. use of phone support services; and/or
14. use of services or products based on information from the site. You agree to cooperate as requested by DubaiSmartStudy  in defending such claims. DubaiSmartStudy  reserves the right to assume the exclusive defense of such claims at its own expense.

Arbitration

Controversies, claims, suits, injuries, or damages arising from the Site, its use, Tutor and Institute conduct, or the Terms will be settled through binding arbitration in accordance with the commercial arbitration rules of the Indian Council of Arbitration and a single arbitrator chosen by DubaiSmartStudy . This arbitration will be conducted individually, without consolidation with any other party’s claim. The arbitration will take place in Kolkata, West Bengal, and the award’s judgment may be entered in any jurisdiction’s court. DubaiSmartStudy  may seek interim relief from a court in Kolkata, West Bengal, to protect its rights during arbitration. Each party bears its arbitration costs.

Injunction

You agree that material breach of the Terms will cause irreparable harm to DubaiSmartStudy . In addition to legal remedies, DubaiSmartStudy  is entitled to equitable relief, including preliminary and permanent injunctions, without requiring a bond or security.

Notices: Modification and Termination of Services; Amendment of Terms

DubaiSmartStudy  may notify Users via email, mail, or on the Site. DubaiSmartStudy  may modify, suspend, or terminate services or access with or without notice. DubaiSmartStudy  may also delete or bar access to related information and files. DubaiSmartStudy  will not be liable for modifications, suspensions, or terminations, or loss of information. DubaiSmartStudy  may amend these Terms by posting amended terms on the Site.

Governing Law

This Agreement is governed by and construed under Ecuadorian laws, without regard to choice of law rules.

Entire Agreement

These Terms are the complete agreement between you and DubaiSmartStudy , relating to their subject matter, replacing prior versions. You may not assign or transfer the Terms or granted rights. Additional terms may apply when using DubaiSmartStudy  or third-party products/services.

Tutors

1. A Tutor warrants that he/she is at least eighteen years of age and has the lawfully necessary educational qualifications and/or experience to provide tuition in the subject/s specified by the Tutor on the Site.
2. A Tutor agrees and understands that he/she is not an employee of DubaiSmartStudy  and accepts full responsibility for all Income Tax and other amounts payable in relation to any fees generated from a tuition contract with a Student or Parent through the Site. We do not issue any working experience certificates to our registered members.
3. A Tutor understands and accepts that details entered by them on the Site will be publicly visible and may appear in search engine (Google, Yahoo, Bing, etc.) results.
4. A Tutor accepts full responsibility for all information published by him/her or it on the Site and shall indemnify DubaiSmartStudy  in relation to any liability incurred by them as a result of any such information.
5. A Tutor undertakes to register for the DubaiSmartStudy  service, always providing and using accurate and current information about him/her – including name, address, telephone number/s, qualifications, tutoring experience, and any other details requested by DubaiSmartStudy .
6. A Tutor will not include personal email addresses, contact numbers, etc. in the form fields like Tutoring Experience, Tutoring approach, or other topics. Adding contact details except in specific fields is not acceptable under any condition. If a Tutor violates this condition, DubaiSmartStudy  may, in its discretion, suspend or terminate the account of such a Tutor.
7. Tutors are bound to show proof or disclose their qualification details to the reasonable satisfaction of the student or parent party before entering into a tuition engagement and also if and as requested by them later.
8. DubaiSmartStudy  does not guarantee securing a Tutor for a Student or ascertaining any tuition fees on behalf of any tutor or student. We do not provide any guarantee of the number of total inquiries/business that a Tutor will receive during their subscription period.
9. DubaiSmartStudy  is not responsible if you are unable to convert tuition inquiries into work through the connects facility. Please check the total number of views before you apply for any tuition. The more the number of views, the lower the chances of getting responses from students. The connects facility generates maximum effectiveness if you respond to the inquiry on the day it has been posted. However, we would not be accountable for any inconvenience caused.
10. DubaiSmartStudy  is not responsible if a student’s mobile is switched off when you call or if students/parents do not respond to your queries. No connects will be refunded in such cases.
11. All tuitions posted on our site are verified to the best of our knowledge. If the student or parent does not disclose any information beforehand, DubaiSmartStudy  will not be responsible for the same.
12. A Tutor will accept full responsibility for the hourly rates or prices quoted by them for their services and presented in exact detail on the Site.
13. Both Students and tutors can ask to verify each other’s addresses and residential details before making any direct payments between themselves. DubaiSmartStudy  will not take any responsibility for any sort of direct payments between the two parties.
14. The Tutor shall indemnify DubaiSmartStudy  from all claims, liabilities, costs, and expenses (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of any use by the Tutor of the Site.
15. A tutor and a tutorial center hereby acknowledge that DubaiSmartStudy  is not liable to the Tutor for reimbursement of any fees decided upon as a result of these Terms in the event of any cancellation of any Contract or Tuition for any reason.
16. In responding to feedback from Students posted on the Site, a Tutor shall not, in any way, show disrespect towards a Student or their family.
17. We are not involved in any kind of interactions that take place between the tutors and students, and hence are not liable for any dispute, disagreement, misinterpretations, or arguments arising between the parents/students and the tutors. However, the parents/students and the Tutors are free to take feedback and suggestions from us to solve the issue amicably.
18. For all commitments/representations of a Tutor to a Student other than those mentioned on the Site, the Tutor alone would be liable and responsible towards the Student, and shall also keep us indemnified and harmless against all such claims/disputes.
19. A Tutor is expected to conduct themselves in a teacher/coach-like manner that is generally prevalent and acceptable in a teacher-student relationship.
20. As DubaiSmartStudy  is designated as a “Local Tutoring Marketplace” specific to respective countries, we require tutors to register and access the site from their base country. While occasional sign-ins from other countries are permissible, prolonged usage from a different location is not in accordance with our policies. If a tutor is found to be consistently logging in from a different country, their profile may be deactivated without provision for refund of connects or validity. We appreciate your cooperation in adhering to our guidelines.

Students 

1. A student or parent undertakes to register for the DubaiSmartStudy  service, always using accurate and current information about themselves – including name, email ID, mobile number, etc.
2. While posting a tuition requirement, students should enter as much detail as possible for better responses from tutors and institutes.
3. Both the student and tutor can ask to verify each other’s addresses and residential details before making any direct payments between themselves.
4. Students or Parents are requested not to make a huge advance payment if they do not know the tutor properly or do not have complete proof of their current/permanent contact details.
5. Students or parents should understand that tutors are not our employees, and we cannot take responsibility for verifying their backgrounds and behaviors.
6. No tutor can guarantee good grades; therefore, the grade you get cannot be a reason for a student to come back at a later time and demand a refund for services.
7. Students/parents should use caution, good judgment, and proper language when leaving a review for a tutor. What you post will be a permanent part of that tutor’s record. Please restrict your review to a tutor’s teaching-related skills (communication skills, knowledge, patience, clarity, etc.).
8. DubaiSmartStudy  is not responsible for any students who are paying fees to the trainers, and it is solely their responsibility as they need to understand that trainers are not employees of DubaiSmartStudy .
9. We are not involved in any kind of interactions that take place between the tutors and students, and hence we are not liable for any disputes, disagreements, misinterpretations, or arguments arising between the parents/students and the tutors. The parents/students and the tutors are, however, free to take feedback and suggestions from us to solve the issue amicably.
10. A student is expected to conduct themselves in a student-like manner, which is generally expected and regarded as ideal student behavior prevalent in the education stream.
11. Students should take enough care and make an informed decision before taking up an assignment to avoid any kind of repercussions. DubaiSmartStudy  would not be responsible and liable for any such unforeseen and unfortunate event, including but not limited to bodily injury, sexual or mental harassment of any nature, if any.