ENROLLMENT AGREEMENT: TERMS AND CONDITIONS — eTutors

ENROLLMENT AGREEMENT: TERMS AND CONDITIONS

These Terms and Conditions Agreement constitutes a legal document that governs your rights and obligations as a subscriber of the online tutoring services on the website owned and operated by E-Tutors.

You agree to be bound by this agreement and any future amendments and additions to this agreement as published on the website. If at any time you find this agreement unacceptable or if you do not agree to these terms and conditions, set out daily. Please do not use this website or the service. In addition to this agreement, the terms of use and the privacy policy shall also apply to your use of this website.

In this agreement, “you” and “your” refer to the member registered on the website to avail all the services provided by the Company and shall include the pupil and his parents or legally appointed guardian as the context requires.

By accessing the website or using any website or mobile app with an authorized link to the website, registering accounts or accessing the services (as defined below), clicking on a button or taking another action to signify your acceptance of this agreement, you (1) agree to be bound by this agreement and any future amendments and additions to this agreement as published on the Contractor’s website; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represents that you have the authority to enter into this Agreement personally.

1 SCOPE OF THE SERVICE

1.1 The Contractor shall provide online tutorial services to you via the Contractor’s platform on the website.

1.2 The Contractor has engaged Tutors rendering the Service to you. For the purposes of this Agreement, “Tutor” shall mean a person registered and listed on the website of the company and agreed to provide the services to you subject to the terms and conditions of this agreement.

1.3 The tutorial sessions will be conducted by the Tutors through the Contractor’s virtual classroom using the software specified by the Contractor. You shall be responsible for installing the software to access the Sessions on the Computer or mobile device.

1.4 The schedule of the Sessions will be communicated to you in the manner specified by the contractor.

1.5 As part of the Services, the Contractor enables you to connect with the Tutors on the website to avail the services. However, at no time an employer-employee relationship is fostered or created between the Contractor and the Tutor through the performance of any such services. The Contractor is in no way directly or indirectly responsible for the service and/or material by the Tutors registered on the website.

2. TERMS AND DEFINITIONS

2.1. The following terms and their definitions are used for the purposes of this offer.

2.2. Tutoring services are remote teaching services provided at the Client’s request through electronic voice and video communication in the form of scheduled class sessions in accordance with the program of services (hereinafter—services) developed by E-Tutors (“the Contractor”).

Teaching services include a set of consulting services with the Client, a description, a number, and a duration, which are specified in the agreement with the Tutor. The client can choose the tutor and set of classes by himself or after preliminary consultation with the preferred Tutor.

Lessons are held in the order agreed with the Tutor.

The rules of preparation for the scheduled class sessions and presence at them for the Client and recommendations on preparation for the lessons, as well as other background information, is placed on E-Tutor's website.

2.3. The service provision program is a list of organizational, information and consulting events or classes that determine the methods and format of the Client's distance learning.

2.4. The Client: a person with legal or natural ability who has applied to etutors.ng with the intention to purchase the Contractor's services or who has purchased and uses the service (the result of the service) for needs not related to business activities.

2.5. A Client is a natural person who is the direct recipient of information and tutoring services.

2.6. Contractor: E-Tutors (Business registration details and registered address)

2.7. Website is a set of linked web-pages placed in the Internet at the unique address (URL) https://etutors.ng, as well as its subdomains.

2.8. Subdomains are the pages or set of pages located on the third level domains belonging to the etutors.ng website, as well as other temporary pages, the bottom of which contains the contact information of the Contractor.

2.9. Automatic top-up (hereinafter Autopayment) - a type of bank payment, which implies automatic debiting of a bank payment card without the need for any action on the part of the cardholder for the received services, goods or information.

2.10. A bank payment card is a universal payment instrument enabling payment for goods and services in trade and service organisations, on the Internet, cash withdrawals from ATMs and cash points, a wide range of financial transactions through remote banking channels Internet-banking, SMS-banking, M-banking.

2.11. Individual Learning Format (hereinafter - IF) is a form of education, in which the learning process is carried out according to an individual curriculum, focused on the progress of the student and his interests.

2.12. Individual-Group Learning Format (hereinafter - IGF) is a form of education, which provides training of a group of students, but with an individual approach. The tutor takes turns with each student, and the program is based on the student's age, skill level, and academic performance.

3. GENERAL PROVISIONS

3.1. This public offer is an official offer of the Contractor to an undefined number of people to conclude a contract for the provision of services on the conditions defined in this offer.

3.2. The agreement concluded on the basis of this offer is public, because it can be concluded with anyone who accepts this offer.

3.3. The proper acceptance (acceptance of the present offer) and the moment of conclusion of the contract of compensatory rendering of services is the payment by the Client of the set of classes selected on the website in the form of 100% prepayment in the order determined by the present offer.

3.4 All fees must be paid in advance, including any applicable taxes. At enrolment and/or subsequent due dates, you may either pay the full amount upfront or opt for an instalment plan by making an initial deposit. If you choose the instalment option, you must credit your wallet with the initial deposit at the time of enrollment. You agree to follow the scheduled payment plan displayed in your wallet until your tuition is fully paid. You can add funds to your wallet at any time to complete your tuition fee at your convenience. Your wallet displays a full transaction history for easy tracking of payments. Our system ensures financial flexibility and transparency while keeping you on track with your learning journey.

3.5. You may choose to prepay either your next scheduled instalment or the full remaining balance of your tuition fees at any time. If you fail to make a payment on time under an instalment plan, your access to scheduled virtual class sessions will be suspended until all outstanding payments are settled. In cases of continued non-payment, you may be removed from the program. The platform reserves the right to limit the number of active instalment or payment plans a student can have at any given time. This policy ensures that students remain in good financial standing while maintaining uninterrupted access to their learning programs.

3.6. The agreement concluded on the basis of this offer is a contract of accession, because its terms and conditions can be accepted by the Client not only by joining the proposed terms and conditions as a whole, without exceptions and additions.

3.7. The agreement on the basis of this offer is considered to be concluded from the moment of payment receipt by the Contractor on the terms of this offer.

3.8. The Agreement concluded on the basis of this offer shall be considered concluded in writing in accordance with the Laws of the Federal Republic of Nigeria.

3.9. The terms of the agreement concluded on the basis of this offer are determined by the Contractor. E-Tutors has the right to unilaterally change the conditions of the offer, including the cost of services and the order of payments. Changes in the public offer don't apply to previously concluded agreements.

3.10. For the first month of Extramural Classes only, a new student shall pay 50% discounted fee. This serves as an incentive to the client to enable the student to get to know the platform, and the format of the class.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Contractor undertakes:

4.1.1. to provide services properly in accordance with the terms of the concluded agreement and according to the interests of the Client and the Client;

4.1.2. to inform the Client about the services' progress to the Client through the Client's portal on the Contractor’s website.

4.1.3. in the case of the Client’s withdrawal from the contract after making the first payment, return the funds to the Client in the amount of paid but not passed classes on the date of termination of the contract, less the actually incurred costs.

4.2. The Contractor has the right:

4.2.1. immediately suspend the provision of services in cases:

- breach of discipline by the Client, expressed in the non-execution or improper execution of instructions and remarks of the Contractor;

- breach of the Client's obligation to pay for the services provided;

4.2.2. unilaterally refuse to perform the service agreement, concluded based on this offer, in cases:

systematic (more than three times) breach of discipline by the Client, including non-compliance with instructions and untenable comments, breach of scheduled class sessions, breach of rules and recommendations posted by E-Tutors on the site;

non-conformity of the Client's equipment to the requirements established by E-Tutor and refusal of the offer to correct the defects of the equipment;

identification of insufficient communication data of the Client (lack of language knowledge required for communication with the Tutor or knowledge on a low level that doesn't allow the Client to communicate with the Tutor) or insufficient user data.

In this case, the Client pays for the services provided by the Contractor.

4.2.3. independently determine the methods, means and order of rendering services to the Client.

4.2.4.to use intellectual property objects of the Client, created during the period of rendering the services, for illustrative, demonstration, advertising and marketing purposes, including, but not limited to publication in the Internet and use in printed materials, indicating the author in all cases when it is considered possible by the Contractor;

4.2.6. to make audio and video recordings of classes in order to control the quality of services provided;

4.2.7. to use the contact information provided by the Client/Guardian when registering (filling in the application form) to ensure proper provision of services;

4.2.8. to involve third parties in the provision of services for the purpose of timely and quality provision of services;

4.2.9.to change the cost of services rendered unilaterally without prior notice, except for the cost of services already purchased by the Client.

4.3. The Client undertakes:

4.3.1. to ensure that the Client attends the scheduled class sessions at all times, and in case of absences for a valid reason (illness of the Client, family circumstances) should notify the Contractor at least 24 hours before the start of the lesson;

4.3.2.to ensure that the Client follows the instructions and remarks of the Contractor;

4.3.3. to provide the Contractor with all information and data necessary for the provision of services by the Contractor;

4.3.4.to ensure that the Client's computer corresponds to the minimum requirements:

system requirements: operating system: Windows 10/11, Mac OS X 10.9, 10.10, 10.11; RAM: 8 GB and above, processor: 2-core processor 1.8 GHz;

headphone and microphone availability;

presence of a computer mouse;

Internet connection at a speed of 1 Mbit/sec;

installed Internet browser Google Chrome the latest stable user version with auto update enabled;

knowledge of English Language at the level that allows communicating with the Tutor;

minimal user skills.

4.3.5. before concluding a contract for the provision of services on a reimbursable basis, read the Privacy Policy and other Contractor's recommendations, posted on the site as well as consent to the collection, processing and storage of information about their private life (minor children - Clients), which may become known to the Contractor as a result of the audio, video recording. Performing the acceptance means the agreement of the Client with these documents.

4.4. The Client has the right:

4.4.1. to choose the preferred Tutor and conveniently scheduled class sessions;

4.4.2. to make up for the missed lesson according to the conditions of the offer;

4.4.3 activate the "Autopayment" service by selecting "Autopayment";

4.4.4. unilaterally withdraw from the contract of paid services concluded on the basis of this offer with prior notice to the Contractor within a reasonable time.

The contract shall be terminated 5 days after the Contractor receives the Client’s written application for withdrawal from the contract by means of electronic communication.

The Client’s application to withdraw from the contract shall contain:

Client’s name and surname;

Name of the service;

Reason for cancellation of the contract;

The date;

The number of classes paid;

Number of classes paid for by the Client but not used;

Bank details of the Client’s account.

Term of consideration of the application and return of funds is made within ten (10) working days from the date of receipt of the Contractor’s application for withdrawal from the contract. Refunds are available if the Client has not made more than one payment.

5. COST OF SERVICES AND PAYMENT PROCEDURE

5.1. The cost of the Contractor's services and possible payment methods are published on the website of the Contractor etutors.ng.

5.2. You agree to pay all fees, plus applicable tax, for any services you purchase. If your payment method is declined and you receive the services, you agree to pay all amounts due upon demand by us. You authorize us to charge the payment method we have on file, regardless of whether the information associated with such payment method has changed, including but not limited to the expiration date of a debit card. We may receive updated information about your payment method from the issuing financial institution

5.3. Service "Autopayment" allows the Client to pay for services of the Tutor by automatic writing off of financial means from a bank payment card of the Client in the amount which is specified on the Contractor’s website.

5.4. The write-off is made at the end of the current paid number of lessons by the Contractor. In case of an unsuccessful write-off, a second attempt will be made every 24 hours.

5.5. The Client can cancel the "Autopayment" service by deactivating the "Autopayment" service in the portal or through the E-Tutors Administrator.

5.6. If the tutor cancels or misses a schedule tutoring session without 24-hour advance notice to you, your wallet will be credited with the prorated fee of the missed tutoring session.

5.7. The Client has the right to make up for the missed class at another time within 6 calendar days from the date of the missed class, having previously agreed with the Tutor. It is prohibited to start making up for the missed lesson for the period of the previously agreed one.

5.7.1. The Client has the right, through the administrator of the Contractor, to reallocate the previously paid payment for a package of certain classes to another class format.

5.8. The lesson which did not take place due to technical reasons or through the fault of the Contractor is not payable.

5.9. The Client has the right to change Tutor at any time if the performance of the retained Tutor is deemed unsatisfactory. The Client would however have to agree with the engagement terms of the new Tutor as their rate varies. If you are not happy with the tutor you have engaged, please contact the Contractor’s Administrator via a written notice.

5.10. The provision of services is carried out in several steps, equal to a calendar month. The absence of a written complaint about the quality of services provided within five working days from the end of the stage of services means the acceptance of services in full and the absence of claims about the quality of services provided.

6. PARTIES LIABILITIES AND DISPUTE RESOLUTION PROCEDURES

6.1. The Contractor is not responsible for improper provision of services as a result of non-performance and (or) improper performance of his duties by the Tutor.

6.2. The parties shall be relieved of responsibility for partial or full non-fulfillment of their obligations if they prove that this has occurred due to force majeure circumstances (natural disasters or other circumstances that cannot be foreseen or prevented). In case of occurrence of the above circumstances, the Parties reserve the right to make appropriate changes to the concluded agreement or to terminate the agreement after mutual settlements. In case of termination of the contract as a result of force majeure circumstances, the Client shall pay the Contractor the cost of actually provided services.

6.3 Disputes and disagreements arising in the course of the implementation of the contract, the parties shall try to settle through negotiations. The exclusive means of resolving any such claim or dispute shall be binding arbitration administered by the Nigerian Institute of Chartered Arbitrators. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against E-TUTORS in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. The Applicable law is the law of the Federal Republic of Nigeria.

7. PROHIBITED CONDUCT: DISMISSAL FROM PROGRAM OR ONLINE ACCESS

7.1 In order to participate in any of our programs on our platform, you agree that you will comply with other conditions that Contractor may notify you of that in our opinion are warranted to ensure the smooth running of the program.

7.2 You agree that you will treat tutors, instructors, coaches, and counsellors with respect and not use obscenities, make threats or discuss matters other than those related to the subject in which you are being helped in your registered program.

7.3 The Contractor may dismiss you from your enrolled program or cancel your services, including online access to our services if you:

have not paid us in full by the first scheduled session, or

in Contractor's opinion, you are disruptive in the program, or

do not comply with our Terms of Use set out on our website at princetonreview.com, these Enrollment Agreement Terms and Conditions, or other rules and procedures applicable to our products or services being provided to you.

7.4. The Contractor will not refund any amounts or provide any credit where a student is dismissed from a program or their services are cancelled as set forth above.

8. DISCLAIMER; LIMITATION OF LIABILITY:

(a) E-TUTORS WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR E-TUTORS PROGRAM, EVEN IF E-TUTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN THE GUARANTEE SET FORTH BELOW, E-TUTORS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. E-TUTORS'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR E-TUTORS PROGRAM WILL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR PROGRAM. IN PARTICULAR, E-TUTORS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO (A) THE LIKELIHOOD OF SUCCESS IN OBTAINING ADMISSION TO A PROGRAM, or (B) WHETHER THE SERVICES WILL ENHANCE OR DETRACT FROM THE STRENGTH OF YOUR APPLICATION, OR (C) ANY GUARANTEE THAT YOU WILL PASS ANY EXAMINATION YOU WERE TRAINED FOR. E-TUTORS SHALL NOT IN ANY WAY BE LIABLE FOR YOUR FAILURE TO ACHIEVE ADMISSION TO ANY PROGRAM OR PASS ANY EXAMINATION.

(b) NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, IN ADDITION TO ANY OTHER LIMITATIONS OF LIABILITY, DISCLAIMERS, OR EXCLUSIONS AS MAY BE APPLICABLE, WE DISCLAIM ANY AND ALL LIABILITIES, WARRANTIES, AND OBLIGATIONS FOR DAMAGES, FEES, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, TO ANY THIRD PARTY) INCURRED THAT RELATE TO ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, OR GENERATIVE ARTIFICIAL INTELLIGENCE INCLUDED IN, INTEGRATED WITH, OR OTHERWISE IN CONNECTION WITH OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR ALLEGATIONS RELATED TO: (1) INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY OR INTELLECTUAL PROPERTY OF A THIRD PARTY; (2) BREACH OF CONTRACT, INCLUDING RELATED TO OPEN SOURCE AND THIRD-PARTY SOFTWARE ATTRIBUTION REQUIREMENTS OR OTHER RESTRICTIONS; (3) SURPRISING OR OTHERWISE UNANTICIPATED EMERGENT BEHAVIOR FROM ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, OR GENERATIVE ARTIFICIAL INTELLIGENCE MODELS; (4) SECURITY RISKS OR VULNERABILITIES; (5) ERRORS, OMISSIONS, OR INACCURACIES IN DATA, MATERIALS, CONTENT, OR INFORMATION; (6) DISCRIMINATION, DEFAMATION, BIAS, OR VIOLATIONS OF CONSUMER PROTECTION LAWS OR ANY OTHER LAWS OR REGULATIONS; OR (7) THE USE, MAINTENANCE, TRANSFER, OR DISCLOSURE OF DATA, MATERIALS, CONTENT AND INFORMATION CONSIDERED CONFIDENTIAL TO ANOTHER PARTY.

9. INTELLECTUAL PROPERTY

All program techniques and materials (online and print), content, code, software, data, videos, and session transcripts, copyrights, trademark rights and other intellectual and property rights used in or related to your program are the exclusive property of E-Tutors or its licensors. You agree not to disclose, reproduce, sell or distribute to any third party any information, written or spoken, including course materials, obtained from us in connection with our tutoring programs, and agree to use such information only for your personal, non-commercial use. Without limiting the foregoing, you further agree not to share your online password or to otherwise allow any other person to use the Contractor’s online resources purchased by you. To the extent you need to download software or documentation to access services or materials in connection with your program, the Contractor grants you a limited, non-assignable, non-transferable, revocable license to use such services and materials solely for use with your purchased program or services and only for your personal, non-commercial use. Such license will terminate when your program, plan or other service expires or otherwise terminates.

You are solely responsible for all mobile devices, computer hardware and other equipment and all Internet or wireless services required for access to and use of our online services.

10. FINAL PROVISIONS

10.1. Agreement on the basis of this offer is considered to be concluded from the moment of proper acceptance by the Client and until the parties fulfill their obligations in full.

10.2. The Agreement may be terminated prematurely by agreement of the parties. The Agreement can be terminated ahead of schedule unilaterally in cases and on conditions provided by this offer.

10.3. The Parties recognize the legal force of all notices and additions to the concluded contract, sent by electronic means of communication and personal cabinet of the Client on the site.

10.4.The fact of rendering services under the concluded agreement may be used by the Contractor for marketing and advertising purposes.

10.5. The Client agrees to transfer all intellectual property objects created by him within the concluded agreement to the Client without receiving any reward for it.

10.6. In interpreting the provisions of the concluded agreement, the parties shall be guided by the legislation of the Federal Republic of Nigeria.

10.7. This public offer is published on the website on March 30, 2025 and comes into force from the moment of publication.

11. CONTRACTOR'S DETAILS

ETUTORS (Registered name)

Registration number: ___________

Registered Address: ___________________________

Phone: ____________________

E-mail: ____________________

12. ACCEPTANCE OF THE TERMS AND CONDITIONS

Please indicate your acceptance of these Student Enrollment Agreement Terms and Conditions by checking the “I agree to the Enrollment Terms” checkbox when prompted.

I understand that by checking the checkbox when prompted, I acknowledge that I have read and that I agree to these Student Enrollment Agreement Terms and Conditions. Note that you must be 18 years of age or older to accept these Student Enrollment Agreement Terms and Conditions. If you are less than 18 years of age, you must have a parent or guardian accept on your behalf. Checking the “I agree to the Enrollment Terms” box is a representation from you that you are at least 18 years of age.

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