Student Terms and Conditions

SCOPE

1.1. ProStudy, a company headquartered in Hong Kong (referred to hereafter as “ProStudy”), manages an online tutoring services platform (hereinafter the “Platform”) accessible through prostudy.org, as well as a dedicated app.

1.2. These Terms and Conditions (T&Cs) are applicable to all individuals registered as users (hereinafter referred to as “User”) on the Platform. They delineate the rights and responsibilities of Users when visiting the Platform and utilizing its features and services.

1.3. These T&Cs exclusively govern the usage of the Platform by Users. Any conflicting, contradictory, or supplementary terms and conditions do not constitute part of the contractual relationship between the User and ProStudy, even if not explicitly rejected.

1.4. Provisions within these T&Cs are subject to modification by ProStudy at any time, excluding core services and actions unreasonably prejudicing Users. Reasons for modifications may include legal or regulatory alterations related to the Platform or the tutoring contract, cybersecurity considerations, development or enhancement of existing Platform features, introduction of new technical aspects, and ensuring continuous service functionality. ProStudy will notify Users of changes via email, outlining their rights and the consequences of these changes. Users are afforded a minimum of 30 days to contest T&Cs modifications. Should an objection arise within this period, the existing Tutor Contract continues under the prevailing T&Cs.

1.5. Information regarding the protection of Users’ personal data can be found in the privacy policy on the Platform at www.prostudy.org/en/privacy-policy.

SUBJECT OF THE CONTRACT, SERVICE DESCRIPTION

2.1. Users and individuals registered as Tutors (hereinafter referred to as “Tutor”) can arrange online video lessons (hereinafter referred to as “Video Lessons”) via the Platform.

2.2. Individuals interested in offering Video Lessons via the Platform can register as Tutors. It is not mandatory for such individuals to be school teachers. In cases where Tutors charge for services via the Platform, this will be expressly indicated.

2.3. Upon mutual agreement between a User and Tutor for Video Lessons, a contract (hereinafter “Tutor Contract”) is directly established between the User and the Tutor.

2.4. ProStudy administers the Platform, facilitating Tutor Contracts on behalf of Tutors for Platform Users. Additionally, ProStudy provides specific services related to onboarding Users and assists in Tutor Contract processing. ProStudy is authorized to accept payments on behalf of Tutors but does not become a party to Tutor Contracts between Users and Tutors.

2.5. ProStudy may offer supplementary services via the Platform (e.g., homework chat or a complimentary trial lesson) but is not obligated to do so.

2.6. Users may need to download and install third-party software (freeware) to fully utilize the Platform. ProStudy will inform Users about necessary software products before entering into a contract.

REGISTRATION, CONSENT OF THE LEGAL REPRESENTATIVE

3.1. Utilizing the Platform requires registration, which is free of charge.

3.2. During registration, Users must provide complete and accurate information and promptly update it in case of changes.

3.3. Platform registration is discretionary, and ProStudy reserves the right to decline or exclude Users without specifying reasons. In case of exclusion, any unused purchased credits will be reimbursed to the excluded User, using the original payment method.

3.4. Registration is open to individuals of any age. However, to access chargeable services (Video Lessons), Users must be at least 14 years old, and Tutors must be at least 18 years old. Users or Tutors below the minimum age require prior consent from their legal representative.

3.5. ProStudy provides User access to the Platform by transmitting access data to the provided mobile phone number, creating a personal user account. Users must supply an email address to receive documents from ProStudy, updating it if changed.

TUTOR CONTRACT FOR VIDEO TEACHING, PURCHASE OF CREDITS

4.1. Tutor Contracts are subject to statutory warranty provisions.

4.2. Users can enter into a Tutor Contract by purchasing credits for Video Lessons with a Tutor via the Platform. Prostudy manages credit payments to Tutors. Video Lesson credits are available in session packages, with each Video Lesson lasting 50 minutes.

4.3. Monthly installment payment packages credit Users with the agreed number of Video Lessons each month, with automatic debiting. Unused Video Lessons can be used until the next recharge date, and unused lessons won’t be deducted for Tutor absence or other reasons beyond the User’s control.

4.4. Tutor Contracts are individually concluded via phone or comparable electronic means. If online contract conclusion is available, Users make a binding offer by clicking the “Order now for a fee” button. ProStudy, on behalf of the Tutor, confirms the offer acceptance.

4.5. Users can review and modify details before finalizing the Tutor Contract. ProStudy notifies Users of price changes, allowing a 30-day objection period. If Users object, the existing Tutor Contract continues under the previous T&Cs.

4.6. Payments are transferred to ProStudy’s merchant accounts with external payment service providers. Users acquire credit for Video Lessons via the Platform.

4.7. Users receive confirmation of the Tutor Contract on a permanent data carrier with required legal information.

VIDEO LESSONS, AUTOMATIC EXTENSION

5.1. Tutor Contracts may manifest in different Video Lesson packages to be consumed within a specified period. Prices may fluctuate based on the number and duration of Video Lessons.

5.2. For payments within four months from Tutor Contract conclusion, fixed prices apply. Subsequent payments are indexed to the Consumer Price Index (CPI) published by the Office for National Statistics.

5.3. Video Lesson credit payment is made in advance or in monthly instalments. AppStore purchases are charged post-confirmation through the User’s iTunes account.

5.4. Contract renewal occurs after the term expiration, with Users informed and provided the option to object before renewal. Users can object, preventing automatic extension.

5.5. Tutors may offer free or paid live group courses. Such courses are one-time purchases, not part of packages.

RIGHTS AND OBLIGATIONS OF USERS

6.1. Users agree to deduct Video Lesson fees from their credit balance when using Video Lessons. Unused credits may expire.

6.2. Users can request rescheduling up to 60 minutes before a Video Lesson. Accepted rescheduling incurs no additional charges. Non-compliance results in credit deduction for User or Tutor no-shows.

6.3. Users must keep access data confidential, being responsible for activities originating from their user account.

6.4. Users must promptly report suspected unauthorized account use. ProStudy may block accounts for legal or T&Cs violations.

INFORMATION ABOUT TUTORS

7.1. Tutors specify subject areas during registration for potential Video Lessons. ProStudy may notify Tutors of User requests, but Tutors aren’t obligated to respond.

7.2. Users have no entitlement to a specific Tutor. Tutor availability depends on their indicated times on the Platform.

7.3. No employment or freelance relationship exists between Tutors and ProStudy. Tutors act independently during Video Lessons and do not represent ProStudy.

USE OF PLATFORM

8.1. ProStudy provides 24/7 Platform access, with potential temporary unavailability due to maintenance, announced in advance. Platform updates are at ProStudy’s discretion.

8.2. Platform and software are copyrighted. Users agree not to use or modify them without ProStudy’s written consent.

8.3. The Platform may be interactive, enabling Users and Tutors to review each other. ProStudy does not verify review accuracy. Users must provide truthful information, abiding by legal regulations and T&Cs. Users grant ProStudy the right to use and distribute their posted content.

8.4. ProStudy reserves the right to delete content violating T&Cs, especially unlawful content.

8.5. Users expressly acknowledge that distributing prohibited content (racist, pornographic, etc.) is forbidden on the Platform.

8.6. Users grant ProStudy the right to use posted content for Platform provision and advertising.

8.7. Data analysis tools’ use is prohibited.

8.8. ProStudy can restrict or discontinue services without stating reasons. Significant changes will be announced on the Platform.

8.9. Service changes do not alter T&Cs. T&Cs modifications follow the procedure in Section 1.4.

WARRANTY, WITHDRAWAL FROM TUTOR CONTRACT

9.1. Tutor Contracts are subject to statutory warranty provisions.

9.2. Users with Tutor Contract grievances can complain to customersupport@prostudy.org ProStudy may mediate and decide on credit refunds if justified.

9.3. For serious Tutor violations or non-fulfillment, Users can request a replacement Tutor. Unused credits transfer to the replacement Tutor under the original conditions. Users can terminate the Tutor Contract if no replacement is found.

LIABILITY

10.1. ProStudy is responsible for foreseeable losses resulting from its obligation breach. Nothing in T&Cs limits ProStudy’s liability for illegal exclusions, including death or personal injury, fraud, or breach of legal rights.

10.2. ProStudy is not liable for Tutors’ contractual or other obligations to Users, including Tutor availability or User damages related to Tutor Contract performance. Claims beyond credit reimbursement must be directed to the respective Tutor.

10.3. ProStudy is not liable for User or Tutor content on the Platform or linked websites. Users are solely responsible for reviewing and evaluating content.

EXEMPTION FROM LIABILITY ON THE PART OF THE USER

11.1 Users indemnify and hold ProStudy harmless if held liable by Tutors or third parties for claims arising from Tutor Contracts or content posted on the Platform.

RIGHT OF CANCELLATION FOR USERS (TUTOR CONTRACT)

12.1. Users have the right to cancel Tutor Contracts with Tutors.

12.2. Users can terminate the contract without stating reasons.

12.3. The cancellation period is 14 days from Tutor Contract conclusion.

12.4. To exercise the right, Users must declare cancellation through a clear statement, using the sample form or emailing customersupport@prostudy.org.

12.5. Notification before the end of the period suffices.

12.6. Upon cancellation, payments for Video Lesson credits must be repaid within 14 days using the original payment method.

12.7. Users terminating a Tutor Contract after the contract has started incur proportionate fees based on services rendered.

12.8. After the 14-day period, Users can’t cancel but retain the right to extraordinary cancellation, reclaiming the amount paid for unused credit.

APPLICABLE LAW, PLACE OF JURISDICTION, DISPUTE RESOLUTION

13.1. T&Cs and agreements with ProStudy are subject to England and Wales law, excluding the UN Convention on Contracts for the International Sale of Goods and international private law norms. This choice applies unless it deprives Users of their state law protection.

13.2. Legal actions by Users against ProStudy occur in Vienna. Users retain the right to sue in their legal jurisdiction. Users in Austria adhere to local court jurisdiction.

13.3. Consumers can submit complaints to the online dispute resolution platform. Complaints can also be emailed directly to ProStudy at customersupport@prostudy.org.

FINAL PROVISIONS

14.1. In contradictions between T&Cs and written agreements, the latter prevail.

14.2. Invalid T&Cs provisions do not affect remaining content. Invalid provisions are replaced with valid ones closest to the economic purpose.

14.3. A “third party” refers to any person different from the registered User and ProStudy, even with legal or economic relationships.