Conditions relating to use of the Service
You need a supported Web browser and/or mobile device to access the Service. You acknowledge and agree that Nimbus Tutoring Incorporated may cease to support a given Web browser and/or mobile device and that your continuous use of the Service will require you to download a supported Web browser and/or procure a supported mobile device, as the case may be. You also acknowledge and agree that the performance of the Service is incumbent on the performance of your computer equipment and your Internet connection.
You are solely responsible for managing your account and password and for keeping your password confidential. If you have forgotten your password, click on the “Forgot Password?” link and follow the on-screen instructions. You are also solely responsible for restricting access to your account.
You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party obtained or guessed your password, use the password regeneration feature of the Service as soon as possible to obtain a new password.
You agree that you are responsible for all activities that occur on your account.
In all circumstances, you agree not to permit any third party to use or access the Service.
As a condition to your use of the Service, you agree not to:
- Impersonate or misrepresent your affiliation with any person or entity;
- Access, tamper with, or use any non-public areas of the Service or Nimbus Tutoring Incorporated’s computer systems;
- Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
- Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- Provide payment information belonging to a third party;
- Use the Service in an abusive way contrary to its intended use, to its documentation or to Nimbus Tutoring Incorporated’s reasonable instructions;
- Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- Infringe third party intellectual property rights when using or accessing the Service.
- Hold tutoring sessions outside of the areas designated by the Nimbus Tutoring mobile application, including, without limitation, in private places such as your personal home or tutees personal home.
Please consult www.nimbusapp.ca for more information on the pricing and features of our different pricing options. You acknowledge being bound by the terms and conditions of the price you have selected.
Nimbus Tutoring Incorporated grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Service for your own personal purposes as an individual consumer.
You agree that Nimbus Tutoring Incorporated may at any time modify the pricing plan and/or fees attached to the Service and your continuing use or access of the Service shall be deemed to constitute acceptance of such new pricing scheme or fee.
Nimbus Tutoring Incorporated will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. Nimbus Tutoring Incorporated may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although Nimbus Tutoring Incorporated has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body
Fees and Payment
Nimbus Tutoring Incorporated shall charge all applicable fees on the credit card or WePay account associated to your Nimbus Tutoring Incorporated account. You are responsible for providing Nimbus Tutoring Incorporated valid credit card information and/or banking information. You may modify this information at any time by accessing the “Credit Card” section of the Service or by signing into the WePay account associated to your Nimbus Tutoring Incorporated account. You must update your credit card information and/or banking information if the information changes.
Nimbus Tutoring Incorporated accepts no liability to complete any transaction which cannot be cleared by our payment processor, whether because there are no sufficient funds available on your credit card or otherwise. If such situation would occur, you will receive an error message from the Service and the transaction will be denied. Moreover, Nimbus Tutoring Incorporated may suspend your account and contact you so you can provide Nimbus Tutoring Incorporated with valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to Nimbus Tutoring Incorporated and the tutors using the Service.
All monies stipulated in this Agreement and in the Service are expressed in Canadian dollars and include all applicable taxes.
You may cancel your individual account at any time by contacting Nimbus Tutoring Incorporated and informing them that you wish to do so. Nimbus Tutoring Incorporated also reserves the right to suspend or end the Service at any time at its discretion and without notice. For example, Nimbus Tutoring Incorporated may suspend or terminate your use of the Service if you are not complying with the present Agreement, or use the Service in a manner that would cause Nimbus Tutoring Incorporated legal liability, disrupt the Service or disrupt others’ use of the Service. Nimbus Tutoring Incorporated reserves the right to terminate and delete your account if you haven’t accessed the Service for 12 consecutive months.
Nimbus Tutoring Incorporated reserves the right to temporarily or permanently discontinue the Service at any time. Nimbus Tutoring Incorporated will deploy commercially reasonable efforts to notify you of such discontinuation. If you breach this Agreement, Nimbus Tutoring Incorporated will have the right to terminate this Agreement immediately, without notice, and to deactivate your account.
All right, title, and interest in and to the Service are and will remain the exclusive property of Nimbus Tutoring Incorporated and its licensors. The Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Service.
Disclaimer of Warranty and Limitation of Liability
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICE, INCLUDING THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED. COMPANY PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, COMPANY’ WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT COMPANY IS FOUND LIABLE TO PAY YOU ANY DAMAGES, COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless Nimbus Tutoring Incorporated, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service.
Nimbus Tutoring Incorporated may amend this Agreement or any section of this Agreement, in whole or in part, at any time. Each such amendment (i) will be communicated to you at least 30 days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; (iii) set out the date the amendment comes into force; and (iv) if the amendment entails an increase in your obligations or a reduction in COMPANY’s obligations, give you the right to refuse any amendment and terminate this Agreement without cost, penalty or cancellation indemnity by sending COMPANY a notice to that effect no later than 30 days after the amendment comes into force. In order to send such a notice, click on the “I Do Not Agree” when the amendment is communicated to you. Refusing an amendment entails the termination of this Agreement, the automatic deactivation of your account and denial of access to the Service.
This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Québec.
This Agreement is the entire and exclusive agreement between COMPANY and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between COMPANY and you regarding the Service.
You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of COMPANY which consent is within COMPANY’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. COMPANY shall be allowed to assign this Agreement to any third party without requiring your consent.
Nothing in this Agreement shall constitute a partnership or joint venture between you and COMPANY.
If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.
The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language.
If you have any concern, question or complaint regarding this Agreement, please contact COMPANY at:
Nimbus Tutoring Incorporated
1250 Rue Guy, Suite 600, Montréal, QC, Canada, H3H 2T4
[The current Agreement was last updated on September 19, 2017.]
Nimbus Tutoring Incorporated (”Nimbus”) is an education technology service that connects university students seeking help in classes to other students that have done well in those classes for in-person tutoring lessons. Nimbus is committed to protecting the personal information of its clients.
By visiting the website <www.nimbusapp.ca> or by using the Nimbus applications (collectively the ”Website”), by contacting us or agreeing to receive emails from Nimbus, you accept the terms and conditions of this policy.
This policy does not extend to websites operated by third parties. Nimbus is therefore not liable for their privacy policies, procedures and practices regarding the protection of personal information.
- Personal Information Collected
- A) Information that You Send Us
We collect your personal information in several ways, including when you join as a member of Nimbus, when you contact us by telephone or by email or when you post on our social media accounts.
Depending on the circumstances, personal information may include your name, contact information (street address, electronic address, telephone number, email). More specifically:
- When users contact us through our Website, we collect personal information which includes full name, email, and information regarding their specific concerns.
- When users apply through our Website to become a tutor or employee, we collect their full name, email, phone number, and statement of interest.
- When users contact us by telephone or by email, we collect their phone number, email, full name, and information regarding their specific concerns.
- When users post or contact us through our social media accounts, we collect their full name and any public information they share through their social media account.
- When using our mobile applications, we collect their full name, university, phone number, email, photos voluntarily uploaded onto the application, course information, lesson logistic (location, price, time, and details of the lesson), credit card information via WePay, postal code, teaching profile, and any information the user posts on their in-app biography.
This information is necessary in order to provide our products and services, to identify you, to communicate with you and to keep your file at Nimbus up to date.
- B) Information Automatically Collected
- Use and Communication of your Personal Information
We take steps designed to ensure that only the employees who need access to your personal information to fulfil their employment duties will have access to it.
We use and disclose your personal information mainly:
- to identify you as a member of Nimbus;
- to allow us to provide our products and services;
- to understand your needs;
- to improve on an ongoing basis the quality of Nimbus services;
- to investigate and settle issues you may have;
- to follow up on any questions or requests for assistance or information;
- to communicate with you;
- to comply with legal and regulatory requirements, where applicable.
When we disclose your personal information to service providers, we take reasonable measures to ensure that the rules set forth in this policy are complied with.
In the event of a change of ownership, sale, merger, liquidation, reorganization or acquisition of Nimbus, in whole or in part, your personal information may be transferred as part of the transaction.
- Retention of your Personal Information
Nimbus keeps your personal information on a server located in the United States.
Nimbus has implemented various physical, administrative and technical safeguards designed to protect the confidentiality and security of personal information under our control. However, no security measures are absolute or wholly guaranteed and you must be aware that there is always a certain level of risk that the personal information you provide to us will be disclosed without your consent and without fault on the part of Nimbus.
As a member of Nimbus, you agree to be responsible for all activities conducted through your member area on the Website and your password, whether conducted by you or by third parties.
Nimbus will maintain your personal information for as long as they are needed, or as required by applicable laws, regulations, or government orders.
- Right to Access and Correct
On written request and subject to proof of identity, you may access the personal information that we hold, used or communicated and ask that any necessary corrections be made, where applicable, as authorized or required by law.
However, to make sure that the personal information we maintain about you is accurate and up to date, please inform us immediately of any change in your personal information by mail or e-mail.
- Contact Person
If you have any concerns about our practices or policies, to make an access or correction request, to make a complaint, or to obtain information about our policies and practices with respect to any service providers outside Canada, our Privacy Officer can be reached by mail or email using the following contact information:
1250 Rue Guy, Suite 600, Montréal, QC, Canada, H3H 2T4
Nimbus Tutoring Inc.firstname.lastname@example.org