Terms & Conditions

 

THIS AGREEMENT SETS OUT THE TERMS FOR USE OF DASATOO PLATFORM. IT REFERS BOTH TUTORS AND STUDENTS. WHEN WE REFER TO “YOU”, WE MEAN BOTH OUR TUTORS AND STUDENTS OR JUST OUR TUTORS OR OUR STUDENTS. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE PLATFORM. OUR TERM OF AGREEMENT ALSO INCLUDES OUR PRIVACY POLICY, CHILDREN’S PRIVACY POLICY, PAYMENT AND REFUND TERMS AND CONDITIONS.  THEY, AS A WHOLE, GOVERN ANY AND ALL OF THE ACCESS TO THE DASATOO PLATFORM.

 

DASATOO, Inc. (“Dasatoo”) provides an open online content creation platform designed to allow Tutors to build, design, publish, and sell courses and services (“Content”) to their Students. Dasatoo has come to ease the great burden of searching for a target course by compiling the existing course offers onto a single platform to save your time. The core objective of Dasatoo is to give access to academic information on various subjects by means of serving as a mediator between those who offer knowledge and those who seek to get knowledge. When you complete Dasatoo course, you will get a certification, but please note that  Dasatoo is not an accredited institution, and as a result, the certificates cannot be used for formal accreditation.We also offer personalized opportunities to create, connect, communicate, discover, and share.

By using our Platform in any manner you are expressly agreeing to, and give your consent to be governed by, these Terms. If you do not agree with these Terms or you do not wish to be bound by these Terms, you must not use or access Dasatoo’s Platform in any manner.

Dasatoo is neither a content provider nor an educational institution.Tutors and Students are not employees of Dasatoo. Dasatoo is not responsible for interactions between Tutors and Students, with the exception of providing the technological means through which Tutors may broadcast and otherwise make their Content available and, for processing payments through Dasatoo’s payment gateway(s). Dasatoo is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Tutor/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Tutor or Tutor Content at any time.

We only provide Tutors and Students information about each other, in accordance our Privacy policy. It includes name, email address, IP address, and specific information to make courses more productive. Dasatoo does not provide, sell, rent, release, disclose, etc. Student data to Tutors for monetary or other valuable consideration.

Students and Tutors assume full responsibility for the disclosure and use of any other personal information the User chooses to disclose to any Tutor or Student on the Platform.

You must be at least 13 to have a full access to Dasatoo without parent’s permission. If you are less than 13, your access will be processed according to our Children’ Privacy Policy.

• Only legal activity without any fraud:  Do not use the Dasatoo platform for any illegal activity. You are not allowed to use our platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). Frauds will not be tolerated either.
• Dasatoo without  bad code and spamming: Don’t send transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner via Dasatoo platform. Also do not use website to engage in any activities that will result in sending spam to anyone on the Website, including Dasatoo (and its employees), Tutors, and Students.
• Tolerance and respectfulness:   Hate speech, bad words or disrespectful behavior toward others are reprehensible.  The users must avoid from any activity that will insult, threaten, rug or by any means disrespect others.
  • Prohibition of Discrimination: Discrimination based on sex, race, skin color, ethnic or social origin, genetic features, language, religion, world view, political or other views, belonging to a national minority, property status, birth, disability, age, or other personal or social circumstances shall be prohibited.
  • Sharing contents: Do not post, send or share contents containing sexual, Violent or repulsive, Hateful or abusive , Imminent physical harm, Harmful dangerous acts, Child abuse, Promotes terrorism Spam or misleading Infringes my rights Captions issue.
• No exploitation:  You will not use the Dasatoo Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering your content
• No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and
• No Use Other Than Intended: You may not use the Platform or any content contained on the Platform for any purposes other than intended.
• Those behavioral rules include also others not mentioned here, that with any means may be an obstacle or abuse the normal working of website or users’ rights.
• Non-solicitation: Without limitation, the Services may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through Dasatoo without express written permission from Dasatoo.

Any violation of the rules mentioned above may result to the removing of content or account termination at Dasatoo’s discretion.

Tutors stand responsibility for all course materials that they post, including lectures, video contents, quizzes,  coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements.

 

You (Tutors) represent and warrant that:

• You will provide accurate and complete account information;
• The course materials will not infringe or misappropriate any third party's intellectual property rights
• You have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach students the appropriate subject or courses.
• You own or have the necessary licenses, rights, consents, permissions, and authority to authorize Dasatoo to use your submitted Content.

• post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
• post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
• use the Services for business other than providing tutoring, teaching, and instructional services to students;
• engage in any activity that would require us to obtain licenses from or pay royalties to any third party;
• impersonate another person or gain unauthorized access to another person's account;
• interfere with or otherwise prevent other instructors from providing their services or courses; or
• abuse Dasatoo resources, including support services.

The platform information, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement are the sole property of Dasatoo (Dasatoo Content). Those content, including our trademarks, may not be changed or modified by You in any way.

We do not claim any intellectual property rights over the materials you provide or upload to the Dasatoo as a result of your usage of our services.  By providing or uploading your content to the Dasatoo, you agree that:

• We may review or check content for any reason, including to check its compliance with Behavior rules;
• We do not certify or require approval or permission prior approval for your content;
• Your content may be seen by other users, such as students, through our platform;
• You give us your consent to store your content;
• You license us with a worldwide, non-exclusive, royaly-free, sublicensable and transferable license to use (e.g, to display or transmit) your content in furtherance of the Dasatoo services;
• Your content do not abuse others’ rights of intellectual property and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.

Under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"),  Dasatoo set the following policy forth:

If we have a reasonable suspect that any content on Dasatoo abuses any copyrights or has been illegally copyrighted, Dasatoo reserves the right to remove, block, or otherwise ‘take down’ the content. We also reserve the right to remove from the platform any user, who repeat offenders of the Dasatoo DMCA policy

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us (either directly or through your authorized representative) with a written notice containing the following information:

• Your name, address, telephone number, and email address (if any);
• A description of the copyrighted work that you claim has been infringed;
• A description of where on the Site the material that you claim is infringing may be found, sufficient for Dasatoo to locate the material (e.g., the URL);
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by you, your agents, or the law and is not a fair use;
• A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• Your electronic or physical signature.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Dasatoo with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at . You must include in your counter notice sufficient information to enable Dasatoo to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you believe that your material has been removed by mistake or misidentification, please provide Dasatoo with a written counter-notification containing the following information:

• Your name, address, telephone number, and email address (if any);
• A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
• A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any jurisdiction in which you may be properly served, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
• Your electronic or physical signature.

If you have any questions about copyright infringement or the notification and counter-notification process under the Digital Millennium Copyright Act (the “DMCA”), we recommend that you speak with an attorney.

 

To bring Takedown or Counter Notice you should send a notice to Dasatoo (either physical mail or email) at the following address:

 

Dasatoo Inc., Attn:

19C Trolley Square Wilmington,

DE 19806 Delaware, USA:

E-Mail: legal@dasatoo.com

 

Repeat Infringements: Should Dasatoo receive two or more DMCA complaints regarding any User, we may simply remove that User from the Dasatoo without further warning.

By using Dasatoo’s , You may receive communications from third parties (e.g. Users may communicate with each other via chat , postings and etc. ). Dasatoo is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Dasatoo assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.

Payment processing services for Tutors and Students will be provided through the third-party payment processor of DASATOO’s choice. DASATOO has selected Stripe as its payment processor.

You must go over and accept the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to this Agreement, You agree to be bound by the Stripe Services Agreement, as the same may be adjusted by Stripe from time to time. As a requirement of DASATOO enabling payment processing services through Stripe, You agree to provide DASATOO with accurate and complete identifying information and authorize DASATOO to disclose such identifying information and transaction information related to the use of the payment processing services offered by Stripe. 

The refund option is at the Tutors’ discretion. 

To learn more, please see “DASATOO PAYMENT AND REFUND  TERMS AND CONDITIONS”.

Under certain circumstances, such as technique troubleshooting, planned maintenance and etc. , the platform may be down. You accept that you do not have a recourse against us in any of these types of cases where things don’t work out right.

 

The Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

 

The Services are provided at our discretion and at any time or any reason we may stop to provide these Services. Dasatoo or our service providers will not be liable for damages raised from interruptions  or lack of availability of such features.

 

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

You agree that Dasatoo, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Website (e.g. a course content relating to health care or other medical questions, which may cause injury). You realize these risks and agree that you will not claim any damages against,  and Dasatoo will not be responsible for these damages.  You agree that Dasatoo shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications.

 

We are not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. We do not guarantee that files available for downloading is free of viruses or other harmful computer code.

 

In other words, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

Dasatoo reserves the right to claim for remedies in case of violation of this Agreement, including but not limited to terminate or block access to the Website from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.

These Terms shall be governed by the laws of the State of Delaware, USA.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules  and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

Claims shall be heard by a single arbitrator, unless the claim amount exceeds 1,000,000, in which case the dispute shall be heard by a panel of three arbitrators. The arbitrator(s) shall be at least 35, with 4 years experience. The place of arbitration shall be Delaware, USA. The arbitration shall be governed by the laws of the State of Delaware. If the dispute is less than 100,000 there shall be no discovery other than the exchange of documents.  If the dispute is over 100,000, discovery shall consist of no more than 3 depositions of 15 hours or less. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days.  Arbitrator(s) shall agree to these limits prior to accepting appointment. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees.  "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys' fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at Dasatoo Inc., Attn: 19C Trolley Square Wilmington, DE 19806 Delaware, USA., or by telephone at (+1)301-200-0198.

 

Complaints or requests for further information can be sent to the address listed in the Contact Us section of this Agreement.

Your use of the Platform is subject to our Privacy Policy.

You represent and warrant that You are not, nor are You owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury’s Office of Foreign Asset Control (“OFAC”), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a "Specially Designated National and Blocked Person”, terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a (“Prohibited Person”); (ii) You are not (nor are You owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) You (and any person, group, or entity which You control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) You are not prohibited by any sanctions program as maintained by OFAC from transacting with Dasatoo, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.

Dasatoo may review and update this Agreement at any time in our sole discretion and it is Your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that You accept and agree to be bound by the changes. Please check this webpage periodically for updates.

The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Dasatoo shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.

Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.