TERMS OF USE
The following terms and conditions (the "Terms") govern your use of the webPlatforms located at www.etutors.ng and mobile applications on which E-TUTORS posts these Terms (collectively “Platforms”). BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO THESE TERMS AS APPLIED TO YOUR USE OF THE PLATFORM.
You should also read our Privacy Policy, which is incorporated by reference into these Terms. If you do not accept and agree to be bound by these Terms, including our Privacy Policy, do not use the Platform or the products and services offered on the Platform (collectively, “Services”). By accessing the Platform, you consent to these Terms in electronic form. To withdraw this consent, you must cease using the Platform and, if applicable, terminate your account.
Users under the age of 18 must (a) review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms, and (b) not access the Platform and uninstall any application if his or her parent or legal guardian does not agree to these Terms.
1. ACCOUNT REGISTRATION AND TERMINATION
E-Tutors provide online services designed to improve overall academic experience and help users save money. You may only have one E-Tutors account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify E-Tutors immediately if you suspect any unauthorized use of your account or access to your password. E-Tutors has the right to terminate your account for any reason at our sole discretion without notice to you.
2. PROPRIETARY RIGHTS.
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Platform, the technology underlying the Services, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and instructional materials and other text), software, code, and data available to you in connection with the Platform or Services and all content related to our programs even if the content is not accessed through the Platform (collectively, “E-Tutors’ Content”), and the look and feel, design and organization of the Platform. Your use of the Platform or Services does not grant you ownership of any E-Tutors’ Content.
2. LIMITED LICENSE.
You may access and view the E-Tutors’ Content on your computer or other internet-compatible device and make single copies or prints of the E-Tutors’ Content for your personal, non-commercial use only. To the extent you need to download software or documentation to use the Services, we grant you a limited, non-assignable, non-transferable, revocable license to use such software or documentation solely to utilize the Services. Such license will terminate when you no longer use the Services. For our mobile applications, we grant you a nonexclusive, non-transferable, worldwide, and perpetual license to perform, display, and use the mobile application for your personal, non-commercial use only. The Platform and the Services, including any E-Tutors’ Content, are only for your personal, non-commercial use. We reserve the right to change or make corrections to the operation of, or any information available on, the Platform at any time and without prior notice.
3. TRADEMARKS.
Trademarks, logos, service marks and trade names (collectively, "Trademarks") that are ours or Trademarks of any third party displayed on the Platform or on E-Tutors’ Content may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Platform or on or through the Services, if any, are the property of their respective owners. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Platform without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Platform is strictly prohibited.
4. USER CONTENT.
(a) Any ideas, suggestions, survey responses, or testimonials that you submit to us or information you submit or post to our chat rooms, message boards, and/or our blogs ("User Content") will be deemed not to be confidential and may be used by us for any purpose. By submitting or sending User Content to us, you: (i) represent and warrant that the User Content is original to you, that no other party has any rights thereto, and that any "moral rights" in User Content have been waived, and (ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to display, use, reproduce, incorporate, modify, create derivative works of and distribute the User Content (in whole or part). We are not responsible for maintaining any User Content that you provide to us, and we may delete or destroy any such User Content at any time.
(b) By submitting or sending any problems or questions (excluding those from academic source materials such as textbooks or workbooks) or documents such as essays to us through our platform for help from or review by our tutors, instructors, or counsellors ("Submitted Materials"), you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use the Submitted Materials for quality control, for the professional development of tutors, instructors, or counselors, to improve our products and services, to share with third parties (on a de-identified basis) for research purposes, and to use and share in accordance with our Privacy Policy. We are not responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.
(c) For any academic source materials such as those from textbooks and workbooks which you submit to us in connection with the Services, you represent and warrant that you are entitled to upload such materials under the “fair use” doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you represent and warrant that you are in proper legal possession of such textbook or workbook and that your instruction to our system to display a page or problem from your textbook or workbook is made for the sole purpose of facilitating your instructional session, as “fair use” under copyright law.
(d) You agree that we may record and produce transcripts of all or any part of any live online classes and online tutoring and meeting sessions (including voice chat communications and videos) for quality control, for the professional development of tutors, instructors, or counselors, to improve our products and services, to share with third parties (on a de-identified basis) for research purposes, for advertisement purposes, and to use and share in accordance with our Privacy Policy. We reserve the right to review the live online classes and online tutoring and meeting sessions for any purpose. You agree that we own all transcripts and recordings of such live online classes and online tutoring and meeting sessions, and you hereby irrevocably assign to us all rights in all such transcripts and recordings.
5. CERTAIN OBLIGATIONS AND PROHIBITIONS.
(a) Any commercial distribution, publishing or exploitation of the Platform or any E-Tutors’ Content is strictly prohibited. Except as expressly permitted by these Terms or by law, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works of, sell or otherwise exploit any E-Tutors’ Content. If you improperly use the Platform, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.
(b) We may investigate and/or terminate your account if you misuse the Platform or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Platform and the Services, you will not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party's advertising, branding or other promotional content into any of the E-Tutors’ Content or Services; or (iii) gain or attempt to gain unauthorized access to other computer systems through the Platform.
(c) You agree to not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Platform or for any Services or features offered on or through the Platform, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Platform or the Services including but not limited to any information residing on any server or database connected to the Platform or any Services; (ii) use the Platform or the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Platform or the Services, including but not limited to sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Platform or the Services in violation of any applicable law or the legal rights of any third party.
(d) You agree that you will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Platform or the Services, or any content thereof, or make unauthorized use thereof.
(e) You agree that you will not upload, post, transmit, distribute or otherwise publish through the Platform, the Services, or any feature made available on or through the Platform, any materials or code which (i) restrict or inhibit any other user from using and enjoying the Platform or the Services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
(f) You agree that you will treat our online tutors, instructors, and E-Tutors officials with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those related to the subject for which you seek help. You agree that you will not disclose any information to your online tutor or instructor that could be considered personally identifiable information, such as your full name, address, telephone number, email address, National Identity Number, or any other information that could be used to identify or locate you. Similarly, you agree that you will not solicit any such information from any online tutor or instructor and agree that if any online tutor or instructor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing. You agree not to use the Platform, Services, and information offered on the Platform e to recruit, solicit, or contact in any form tutors, instructors, or counselors for employment or contracting for a business not affiliated with us without our advance written permission.
Prohibited activities include, without limitation:
1. unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
2. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
3. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
4. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services, including without limitation uploading, ingesting, or otherwise incorporating E-Tutors Content into third party artificial intelligence, large language model, or other machine learning technologies;
5. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any E-Tutors page via HTML/CSS or any other means;
6. any automated use of the Services, such as, but not limited to, using scripts to send messages or posts;
7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
8. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity using the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce websites not authorized by E-Tutors, or sending messages with a commercial purpose;
9. using the Services in a manner inconsistent with any applicable law.
6. RIGHT TO MONITOR AND EDITORIAL CONTROL.
We reserve the right, but do not have an obligation, to (a) monitor and/or review all materials posted to the Platform or through the Services or Platform’s features or (b) refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable, violate these Terms, or violate applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms or applicable law, or for any other reason without notice of liability.
7. PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS.
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Platform. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Platform and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
8. COPYRIGHTS.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please send us a notice with the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
· a description of the copyrighted work or other intellectual property that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the Platform (and such description must be reasonably sufficient to enable us to find the allegedly infringing material);
· your address, telephone number and email address;
· a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· a statement by you, made under penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner's behalf.
Notice of claims of copyright or other intellectual property infringement can be provided to us through the following address:
______________________________
We may terminate the accounts of any infringers.
9. INDEMNIFICATION.
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Platform or submit to us, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
10. PRODUCTS AND SERVICES.
(a) Our Student Enrollment Agreement Terms and Conditions set forth additional terms applicable to certain Services you may purchase on the Platform.
(b) You are solely responsible for all computer hardware and other equipment and all fees for services (such as internet service and wireless services) required for access and use of our on-line Services.
(c) To use the Services, you will need to register on the Platform, pay any applicable fees, and create an account, username and password. You agree to provide accurate information about yourself. If we believe that such information is inaccurate, we reserve the right to suspend or terminate your account and refuse any and all use of the Services. You are responsible for maintaining the confidentiality of your account information and for all activities and liabilities associated with or occurring under your account. You must notify us immediately of any unauthorized use of your account or username. You may not transfer your account (including your username or password) to another person and you may not use anyone else's account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor's parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. You may not use any means to circumvent our access, registration, or payment systems. You may not continue to use the Platform or any Services after we have terminated or suspended your access to the Platform or the Services.
PAYMENT, DISCOUNTS AND TAXES
(a) E-Tutors will require users of the Services to provide a valid method of payment (e.g., credit or debit card, PayPal account, etc.) tied to an account at a financial institution when they register for an account (to ensure users can make applicable payments to E-Tutors upon ordering our services).
(b) Payment for tutoring services is due in advance of each applicable membership period (e.g., monthly or annually). At enrolment and/or at 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.
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.
(c) From time to time, E-Tutors may offer discounts, bonuses, c or other promotional incentives. These incentives typically have their own specific rules, restrictions, and limitations (e.g., limiting when, how often, and under what circumstances you may be eligible for the promotion). You are responsible for carefully reviewing and complying with these applicable rules, restrictions, and limitations. You agree not to engage in any self-dealing, collusion, smurfing (defined as breaking large orders or sales transactions into multiple individual transactions for the purpose of obtaining multiple discounts or payments), or otherwise gaming or defrauding the system. By participating in such promotions, you agree to be bound by the applicable rules and restrictions, and that E-Tutors, in its sole discretion, may deny payment or benefits to the fullest extent permitted under applicable law (e.g., when it believes improper activity has occurred or when a code has expired). All promotions may expire at any time without notice to recipients. Discounts apply only toward the actual base product/service rental or purchase cost; they do not apply to taxes, shipping, extension or late fees, or any other additional fees (e.g., conversion to purchase fees).
(d) Pursuant to the laws of the Federal Republic of Nigeria, all class sessions purchased through the Services may be subject to applicable Value Added Taxes (VAT) rates. You are responsible for paying all such taxes and all prices quoted on the Services are (except to the extent expressly indicated otherwise) exclusive of applicable taxes.
11. DISCLAIMER OF WARRANTIES.
(a) THE PLATFORM, THE SERVICES, AND E-TUTORS’ CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM, THE SERVICES, OR YOUR DOWNLOADING OF ANY E-TUTORS’ CONTENT FROM THE PLATFORM. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
(b) From time to time, we may make third party opinions, advice, statements, offers, or other third party information or content available on the Platform or from tutors, instructors, or counselors (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE PLATFORM OR ANY VERIFICATION SERVICES DONE ON OUR TUTORS, INSTRUCTORS, AND COUNSELORS OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY TUTOR, INSTRUCTOR, OR COUNSELOR OR ANY PARTY THAT APPEARS ON THE PLATFORM. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE PLATFORM OR THE SERVICES.
12. LIMITATION OF LIABILITY.
(a) IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING TUTORS, INSTRUCTORS, AND COUNSELORS) (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE SERVICES, OR E-TUTORS’ CONTENT, YOUR PROVISION OF INFORMATION VIA THE PLATFORM, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PLATFORM OR THE SERVICES. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM, THE SERVICES, OR E-TUTORS’ CONTENT EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE PLATFORM OR THE SERVICES IN THE 3 MONTH PERIOD PRECEDING YOUR CLAIM.
13. APPLICABLE LAWS AND ARBITRATION.
We control and operate the Platform and Services from our offices in Nigeria. We do not represent that materials on the Platform or Services are appropriate for use in other locations. Persons who choose to access the Platform or Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms waive their respective rights to a trial by jury. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or the Platform or Services will 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 us 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 us any class action, class arbitration, or other representative action or proceeding. The laws of the Federal Republic of Nigeria will govern these Terms, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.
Regarding claims:
(a) By using the Platform or Services, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
(b) Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the federal or state courts located in Ibadan, Nigeria. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms, and any dispute between you and us, will be governed by the laws of the Federal Republic of Nigeria without regard to principles of conflicts of law, provided that this arbitration agreement will be governed by the Arbitration and Conciliation Act, Cap A18, Laws of the Federal Republic of Nigeria.
14. TERMINATION.
We may terminate, change, suspend or discontinue any aspect of the Platform or the Services at any time. We may restrict, suspend or terminate your access to the Platform or the Services if we believe you are in breach of these Terms or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
15. CHANGES TO TERMS OF USE.
We reserve the right, at our sole discretion, to modify any portion of these Terms at any time. Changes in these Terms will be effective when posted. Your continued use of the Platform and/or the Services after any changes to these Terms are posted will be considered acceptance of those changes.
16. COMMUNICATION.
If you provide us with your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone.
17. MISCELLANEOUS.
(a) These Terms, including (a) any related policies and terms referenced in the Terms of Use and (b) any Additional Terms, are the entire agreement between you and us concerning the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. We may assign these Terms to any person or entity without your consent. You may not assign these Terms without our prior written consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Sections 1, 3-6, 9-13, 16, 17 and any other provisions of these Terms which would be expected to survive the termination or expiration of your relationship with us will so survive.
(b) Unless otherwise stated in these Terms of Use, if any provision of the Terms of Use is declared to be wholly or partially void, invalid, illegal or unenforceable, that provision is severed to the extent that it is void, invalid, illegal or unenforceable and all remaining provisions continue in full force and effect. The failure of E-Tutors to exercise or enforce any right or provision of the Terms of Use is not a waiver of such right or provision. The section titles of the Terms of Use are for convenience only and have no legal or contractual effect. Non-performance of either party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This "Miscellaneous" section shall survive any expiration or termination of your relationship with E-Tutors.