Welcome to Reach Educational Services!
Reach Educational Services (“REACH,” “we,” “us,” “our”) provides its services (described below) to you through its website located at reacheducationalservices.com (the “Site”) which subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than seven (7) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Please read these Terms of Service carefully, as they contain an agreement to adjudicate and other important information regarding your legal rights, remedies, and obligations.
When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Privacy Policy, Community Standards, Refund Policy, and Netiquette Rules. All such terms are hereby incorporated by reference into these Terms of Service.
The Services consist of an online marketplace and platform through which Educators (Tutors, Consultants and Educational Coaches) may offer Classes for sale to Learners, Teachers, Parents and Parents may purchase such Classes for the benefit of their children. While REACH strives to high standard of service, you acknowledge and agree that: (1) REACH only provides certain tools to facilitate the purchase, sale and provision of Classes, (2) Classes are contracted directly with Tutors and Educational Coaches (3) REACH is not a broker, agent (except as expressly set forth below) or insurer, and (4) REACH disclaims all liability for the conduct of Tutors, Educational Coaches, Parents, or any other Users of the Site or Classes. Different sections of the Site and Terms of Service affect Tutors, Teachers, Learners and Parents differently, so please be sure to read these Terms of Service carefully.
Key Terms
“User” “you” or “your” means a person, organization or entity using the Services, including Parents, Learner, Tutors, and Educational Coaches.
“Parent(s)” means a parent or legal guardian who completes REACH’s account registration process to purchase Classes on the Site for the purpose of enrolling their child.
“Tutor(s)” means a person who completes REACH’s account registration process to sell Classes on the Site, or an educational coach that executes an agreement with REACH to sell Classes on the Site.
“Class(es)” means any online class(es) provided by a Tutor or Educational Coach for sale on the Site.
Access and Use of the Service
Services Description: REACH’s Service is an online marketplace for students, parents, educators, and professionals. Our online education hub allows for ages 5 to adult tutoring sessions, designed for Parents to find and book these Sessions for the benefit of their child or children, and for Teachers and other Professionals to grow professionally by booking Professional Development courses and conferences.
Your Registration Obligations: You will be required to register with Reach Educational Services in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be of legal age to form a binding contract to register for the Service (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms of Service and agree to them for you before you use the Service. If you are a Parent and you provide your consent to your child’s use of the Service, then you agree to be bound by these Terms of Service with respect to your child’s use of the Service.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify REACH of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Reach Educational Services will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: REACH reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that REACH will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that REACH may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on REACH’s servers on your behalf. You agree that REACH has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that REACH reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that REACH reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Session Recordings: Classes that take place through REACH’s video chat platform are automatically recorded by REACH (“Class Recordings”). We value student and Teacher privacy, and our use of Class Recordings is extremely limited. Specifically, Class Recordings are made available only to the Teacher providing the Class in question, in order to allow them to (1) provide a viewable copy to students who missed the Class, or who wish to review the Class, for their personal educational purposes; and (2) review the Class Recording personally in order to improve their Classes. Please note that in some cases, Classes are taught by a team of instructors. In such cases, Class Recordings may be accessed by the team, and access would not necessarily be limited to a single individual instructor. In addition, REACH may use Class Recordings to provide feedback to Teachers, to improve our Services, for Advertisement, for customer support, and for compliance purposes. REACH retains Class Recordings for six months after the date of the relevant Class, subject to our Privacy Policy, after which they are deleted. Notwithstanding the foregoing, REACH will also delete Class Recordings earlier than six months under the following circumstances: (a) upon the request of a Parent for the deletion of their child’s personally identifiable information, or (b) upon the reasonable determination of REACH that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will use Class Recordings containing images of you (or your children) for promotional purposes. By using the services, you consent to you and/or your child appearing in Class Recordings for the purposes set forth above.
Certain Teacher Obligations
Marketplace Basics: As a Teacher, you must provide REACH with any information requested in order for REACH to hire you and for you to be booked for classes. REACH has sole discretion as to which Teachers are accepted into the marketplace and we reserve the right to reject any potential Teacher and remove or suspend any Teacher from the marketplace for any reason. REACH may, but is not required to, conduct background checks on and interviews of Teachers in its discretion and solely for its own benefit. As a Teacher, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.
Community Standards: When you join the REACH community, you agree to follow our policies, including our Community Standards. Those expectations include thoughtful and professional communications with our community (colleagues, parents, children), modeling appropriate behavior for our learners, and acting professionally. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner. Inappropriate behavior in any REACH-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that REACH, in its discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on REACH’s behalf without prior written authorization from REACH; posts that REACH, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about learners, teachers, parents, or REACH staff, even if the target is not identified by name; sharing any private material, communication, or information regarding parents of learners, including but not limited to students’ or parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to REACH’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of REACH’s community standards.
Teacher Responsibilities: Each Teacher is solely responsible for obtaining all licenses and other permissions required to offer or provide any Classes, and REACH assumes no responsibility for a Teacher’s failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.
You understand and agree that REACH is not an insurer for you as a Teacher. If a Parent, Student or Teacher books any of your Classes, any agreement you enter into with such Parent, Student or Teacher is between you and the Parent, Student or Teacher, and REACH is not a party thereto. Notwithstanding the foregoing, REACH is authorized to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as a Teacher, you are responsible for your own acts and omissions while using the Services. With the sole exception of students enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by REACH to any third parties.
To the extent that you are using the Services as a Teacher, you agree to abide by the terms of our Teacher Contract and Confidentiality Agreement.
Payment Terms
General: Each User (Parents, Students and Teachers) agrees to pay all applicable fees for Classes (“Enrollment Fees”) as set forth on the Site. All Enrollment Fees are payable in the currency specified on the Site at the time of purchase. Taxes are calculated in each Enrollment Fee. Users hereby authorizes REACH to bill User’s payment instrument upon confirmation of a purchase, and Users further agrees to pay any charges so incurred. If a User needs to dispute any charges you can refer to our Refund Policy.
Teacher Payment: REACH will transfer the Enrollment Fees to Teacher’s Paypal account for each sale of a Class (or set of Classes, as applicable) to a Parent within a reasonable period of time, minus REACH’s service fees (“REACH Fee”), according to the schedule and policies detailed in our Teacher Contract. In order to transfer funds to Teacher’s Paypal account, Teacher shall sign up for a Paypal account. REACH has discretion to act on behalf of the Parent, and to not transfer the Enrollment Fees to Teacher, if Parent reports that the Classes were not provided or adequately completed. This may include but is not limited to circumstances where a Teacher did not arrive for a Class or a Class was of insufficient quality. REACH will independently review such cases, seeking input from the Parent and/or the Teacher, and may decide at its sole discretion to issue a refund to the Parent or reschedule the session. All determinations of REACH with respect to a refund or rescheduling a session shall be final and binding on the Parent and Teacher.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Reach Educational Services. REACH reserves the right to investigate and take appropriate legal action against anyone who, in REACH’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of REACH, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose REACH or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone in violation of our Privacy Policy;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by REACH, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by REACH from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of REACH, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Reach Educational Services.
The Reach Educational Services name and logos are trademarks and service marks of REACH (collectively the “REACH Trademarks”). Other REACH, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to REACH. `You should not interpret anything in these Terms of Service or the Service to mean that REACH is in any way explicitly or implicitly giving you any license or right to use any of REACH Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of REACH Trademarks is only for REACH’s exclusive benefit.
Third Party Material: Under no circumstances will REACH be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. REACH and its designees will have the right to remove any content that violates these Terms of Service or is deemed by REACH, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to REACH are non-confidential and REACH will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that REACH may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of REACH, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. REACH has no control over such sites and resources and REACH is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that REACH will 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 REACH is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold REACH and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REACH EDUCATIONAL SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
REACH EDUCATIONAL SERVICES MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
You expressly understand and agree that REACH will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if REACH has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
Termination
You agree that REACH, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if REACH believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. REACH may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be implemented without prior notice, and acknowledge and agree that REACH may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that REACH will not be liable to you or any third party for any termination of your access to the Service.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and REACH will have no liability or responsibility with respect thereto.
REACH reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.
General
These Terms of Service constitute the entire agreement between you and Reach Educational Services and govern your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Your Privacy
At REACH, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Have any Questions, Concerns or Suggestions
Please contact us to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
