Terms of Service

Last Updated Sept 1st, 2024

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING SERVICE TERMS (THE “SERVICE TERMS”). YOUR USE OF AND ACCESS TO OUR SERVICES IS GOVERNED BY THESE SERVICE TERMS AVAILABLE (HERE ) (COLLECTIVELY, AS AMENDED FROM TIME TO TIME, THE “TERMS”). BY AGREEING TO THE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THE TERMS AND ACCEPT ALL OF THEM. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. IF YOU BECOME A PAID SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT TAKE CERTAIN STEPS. SEE SECTION 4 FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.

IF YOU ARE USING THE PLATFORM AS A TUTOR, THE ADDITIONAL TERMS IN SECTION 3 APPLY.

ADDITIONALLY, IF YOU ARE A USER AND RESIDE IN A COUNTRY OTHER THAN THE UNITED STATES, YOUR USE OF THE SERVICE MAY BE SUBJECT TO THE APPLICABLE REGION-SPECIFIC ADDENDUM, WHICH APPLIES IN ADDITION TO THE TERMS AND TAKES PRECEDENCE OVER THE TERMS IN THE EVENT OF A CONFLICT.

IN THE EVENT OF A CONFLICT BETWEEN THESE SERVICE TERMS, THESE SERVICE TERMS SHALL GOVERN.

1. INTRODUCTION AND GENERAL TERMS

Welcome to www.homeworkup.com. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (collectively, the “Services”). If you have any questions, comments, complaints, or concerns regarding these Service Terms or the Services, please contact us at [email protected].

The Terms are a binding contract between you and HomeworkUp business (“HomeworkUp,” “we” and “us”) and apply to services offered on homeworkup.com and other websites, products, features, applications, and online offerings that post a link to these Service Terms (each, a “Service” and collectively, the “Services”) owned and operated by HomeworkUP “You” and “your” refer to any person or entity using the Services. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way, regardless of how you access the Services and regardless of whether you are a registered user or a guest, means that you agree to all of the Terms, and the Terms will remain in effect while you use the Services. These Service Terms include the provisions in this document, as well as those in the HomeworkUp Honor Code and Copyright Policy. By using the Services, you also agree that our Privacy Policy applies.

For the purposes of these Service Terms, “User” means anyone who accesses and/or registers for our Services, including, without limitation, students, tutors, educators, or other users. “Tutor” means experts in a subject area and anyone who provides answers, online courses, instruction, tutoring, and learning services through our Services.

Please be advised: The Terms contain provisions that govern how claims that you and HomeworkUp have against each other can be brought (see below). These provisions will, with limited exception or as otherwise set out in the Region-specific Addendum at the end of these Service Terms, require that you submit claims you have against HomeworkUp to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group, or representative action or proceeding.

Will The Terms ever change?
We are constantly trying to improve our Services, so the Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by providing notice in the manner required by applicable law, such as, but not limited to, placing a notice on the website where the Services are provided, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you continue to use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes made by us as described here, no other amendment or modification of the Terms will be effective unless in writing and signed by both you and us.

What about my privacy?
We take the privacy of our Users very seriously. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our Users.

2. WHAT ARE THE BASICS OF USING THE SERVICES (APPLICABLE TO ALL USERS)?

Residency and Age
The Services are intended to be accessed and utilized by Users who have attained the age of majority in their respective country, state, or province.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. The Services are not intended to be accessed or utilized by children under 13 years of age, and we do not knowingly collect or solicit personally identifiable information from children under 13. If you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at [email protected]. If you are under the age of 16 and a resident of the European Economic Area or the United Kingdom, please have your parent or guardian contact us to provide consent to use our Services before you register for or otherwise use the Services or send us any data.

Registration and Security
We provide a variety of Services designed to help Users study and learn. To use some aspects of the Services, you may be required to sign up for an account and select a password and username (“User ID”). You may only create one account with us. If you are accessing the Services through a third party site or service (such as “Facebook” or “Google”), we may require that your User ID be the same as your username for such third party site or service. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You agree not to sell, share, or otherwise grant any third party access to your account, and you agree to immediately notify us if you suspect any unauthorized use of your account or access to your password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. If your account has been suspended or terminated by us, you may not open another account with us. If you access the Service through a third party site or service, you will provide your third party account credentials to us, and you are consenting to have the information in those accounts transmitted into your HomeworkUp account, and you agree that you shall only use accounts owned by you and not by any other person or entity.

You represent and warrant that you are of legal age to form a binding contract (or, if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to the Terms on your behalf). If you’re agreeing to the Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to the Terms on that organization or entity’s behalf and bind them to the Terms, in which case the references to “you” or “your” or the like other than in this sentence, refer to such organization or entity. If you are a parent, guardian, or other person who enables a child under the age of 13 to access the Services, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. The Services are intended for use by you only if you are 13 years of age or older. By agreeing to the Terms and using any of the Services, you certify that you are not on any list of restricted persons with whom it is unlawful for a United States company to do business with.

Permitted Use
You will only use the Services for your own personal use (and not on behalf of or for the benefit of any third party), and only in a manner that complies with all laws, rules (government, school, or otherwise), and regulations (collectively “Applicable Laws”) that apply to you. You may not resell or make any commercial use of the Services or any Content (defined below) therein (other than your own Submissions (defined below), subject to the non-exclusive license you grant to us). You may not use, attempt to use, or assist any third party to use any Content, data, information, or other material found or accessed through the Services to improve any services, develop, test, or train a machine learning or generative artificial intelligence (AI) system, or to provide archived or cached data sets containing Content to another person or entity. Any Content you access through the Services is licensed, not sold or assigned to you, regardless of the use of the term “purchase” herein. You are prohibited from soliciting other users of the Services (hereafter “Users”) to contact you outside the Services, including Tutors, for any purpose. “Content” means the materials displayed, performed, or available on or through the Services, including, but not limited to, text, audio, videos, graphics, data, articles, photos, images, illustrations, course materials, class notes, flash cards, Expert Answers (defined below), and other material and so forth. “Submissions” means any Content you submit, post, upload, display, communicate, link to, email, share, store, distribute, or otherwise provide through the Services, whether as a Tutor or User.

If your use of the Services is prohibited by Applicable Laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in a way that breaks any Applicable Laws.

We are not responsible for Content
We are not responsible for editing, modifying, filtering, screening, monitoring, endorsing, or guaranteeing any Content. We are not liable for any acts or omissions of Users, or the accuracy or completeness of any answers, or another User’s ability to provide answers, including answers provided by Tutors. We cannot ensure that any Tutor or User will complete a transaction requested by you, as made available for request through the Services.

Content is to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional advice.
Communications facilitated by the Services do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections.
Communications that take place on the Services are limited and do not include safeguards and procedures typical of in-person evaluations and visits.

Content Moderation
We reserve the right to remove content that violates the Terms, which includes our policies and guidelines. For instance, we use automated systems to identify and filter out certain content that violates our policies/guidelines. If the system does not detect any obvious signs of a violation, the respective content will be available online. Additionally, alongside our automated systems, to the extent there is human review of the Content uploaded by users on our Services that contains obvious signs of a violation, we will disable access to that content at our own initiative. Further, our human review team reviews any content that is reported to us for violations of the Terms or under applicable law.

Measures Used For the Purpose of Content Moderation
For services that allow users to submit content, in case of a violation of the Terms, which includes our policies and guidelines, or under applicable law, we will remove or disable access to user content and terminate the accounts of those who repeatedly violate the Terms.

Content Recommendations
HomeworkUp uses machine learning algorithms to recommend Content (including other User’s Submissions), such as related documents, questions and answers, and courses, to Users to help them study better. These recommendations are based on Users’ use of the Services, including engagement Content and data about the Content, including the school and/or course it is tagged to. For example, recommendations may be based on, e.g., the Content’s engagement data, subject agreement between Content, semantic or text matching between Content, or the newness of Content. This information helps Users find the most relevant Content related to their search. HomeworkUp may change how it recommends Content to Users. See the “Will the Terms ever change?” section for more information.

Protection of Content
The Content is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you (i) without the prior written consent of the owner of that Content or (ii) in a way that violates someone else’s (including HomeworkUp’s) rights.

You understand that HomeworkUp owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you the functionality of copying or downloading certain downloadable Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply—they do!

Connectivity Costs and Equipment
You are responsible for all service, internet, and/or other fees and costs associated with your access to and use of the Services, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider on you, and for obtaining and maintaining all equipment required for such access and use.

Access to Tutors
Access to Tutors: We may facilitate, at our discretion, as part of our Services access to Tutors who teach online courses or provide instructional materials and/or tutoring. Tutors are not employees or agents of HomeworkUp. We solely facilitate the transaction between you and the Tutor. We are not involved in the conversation between you and Tutors and we do not refer you to, endorse, or recommend particular Tutors. Emergency questions and crisis situations (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g., call the relevant emergency services, such as, in the U.S., call 911). The Services are not the appropriate venue to deal with such questions or situations. The laws, regulations, other governing authorities, standards, practices, and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. For example, Tutors in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

Tutor Answers: Your access to Tutors may include access to individuals or entities who prepare specific answers (“Tutor Answers” or “Expert Answers”) to your submitted questions. Tutors choose whether to answer your question at their own discretion.

What are the rights and obligations specific to my Submissions?
We want you to know the following regarding your Submissions:

Your Submissions are not private. Submissions are not private or confidential and may be read, collected, and used publicly by others. To better protect your privacy, do not include information regarding your identity or contact information in Submissions that you post or upload to the Services. Submissions made to the Services may be posted on our platform or any other website owned by us.
You are responsible for your Submissions. You are fully responsible for all Submissions you contribute, in any manner, to the Services, and for the accuracy of the same, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it, and that HomeworkUp shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submissions in any and all media, whether now known or hereafter created, or have any liability to you or any third party as a result of any use of your Submissions as authorized in the Terms. For more information, please see our Frequently Asked Questions and our Honor Code.
As between us and you, you are the owner of your Submissions. HomeworkUp does not claim any ownership rights in your Submissions. After submitting your Submissions to the Service, you continue to retain all ownership rights in such Submissions, subject to the licenses granted below, and you continue to have the right to use your Submissions in any way you choose.
Waiver of Personality Rights. In relation to Submissions which you consent for us to use for marketing purposes, you hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Submissions, or any portion thereof, as authorized by the Terms in connection with the Services, or of your name, personality, likeness, image, or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling your Submissions, or any advertising or publicity relating thereto.

Feedback
You agree that any comment, review, recommendation, suggestion, feedback, testimonial, or other similar input you submit or share with us related to our products, services, websites, applications, or technology (“Feedback”) may be used by us without any notice, obligation, restriction, compensation, or reimbursement to you and you waive (and agree not to enforce) any and all rights that may now or in the future exist in any Feedback.

Your use of the Services is subject to the following additional restrictions:
You are prohibited from uploading or submitting copyright infringing materials (including, without limitation, copies made without the consent of the copyright owner of testing materials, textbooks, instructor’s solution manuals, test banks, lecture notes, slide presentations, or related copyrighted works, in whole or in part).

You represent, warrant, and agree that you will not contribute any Submission that, or otherwise use the Services or interact with the Services in a manner that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including HomeworkUp);
Violates any Applicable Law;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your HomeworkUp account or anyone else’s (such as allowing someone else to log on as you on the Services);
Attempts, in any manner, to obtain the password, account, or other security information from any other User;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services or Content (through use of manual or automated means);
Introduces any viruses, Trojan horses, or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any part of the Services;
Copies or stores any significant portion of the Content; or
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
Publishes content that includes any cyberbullying or abuse material, non-consensual images of a person, child sexual exploitation material, pro-terror material, crime and violence material, or drug-related material.
Abuses or discriminates on the basis of race, religion, nationality, gender, sex preference, age, region, disability, etc.

If you believe that any Submission uploaded to HomeworkUp does not comply with any of the terms listed herein or includes any of the material described in paragraph l, you may report the content to: [email protected].

Do I have to grant any licenses to HomeworkUp or to other Users?
In order to display, store, publish, distribute, and provide Users with access to your Submissions on the Services, you grant us certain rights in those Submissions.

You hereby grant us and our affiliates, licensees, agents, representatives, and other entities or individuals authorized by us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable, and fully transferable license to translate, modify, store, edit, display, perform, reproduce, distribute, and otherwise act with respect to such Submissions, in each case to enable us to operate the Services, as described in more detail below. This license enables us to provide the Services and is not intended to otherwise limit your ownership rights in your Submissions.

You also grant HomeworkUp and its affiliates, licensees, agents, representatives and other entities or individuals authorized by HomeworkUp a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable and fully transferable license to use, access, create, share, store, maintain, publicly translate, modify, store, edit, display, perform, reproduce, copy, publish, exhibit and distribute your Submissions for the purpose of making such Submissions accessible to all HomeworkUp Users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Submission in connection with the Services and/or otherwise in connection with the HomeworkUp business for any purpose, to the extent and manner permitted under applicable law, including for the purpose of product and service development, marketing, analytics, quality assurance, machine learning or artificial intelligence (including for the purposes of training and tuning of algorithms and models), training, testing, improvement of the Services, software, or other products, services, and software, or any combination thereof, and as otherwise provided in the Terms. The licenses granted to HomeworkUp also include the right to distribute your Submissions through multiple tiers of sublicensees, including HomeworkUp affiliates, and for such sublicensees to have all rights necessary for them to offer, deliver, market, promote, demonstrate, and sell your Submissions to other Users.

Without limiting the foregoing, you agree that your Submissions (and any personal information contained therein) may be used, published, displayed, or exhibited by us to advertise, market, sell, or otherwise promote our products, property, and services, including (without limitation) the Service.

Your Submissions, once posted, uploaded, or submitted to the Service (including any personal information contained therein unless otherwise expressly provided in the Terms) become public information, and we do not control how others may use, further disclose, or publish such Content. We are not responsible for uses or further disclosure or publication by third parties, which may not be consistent with our Privacy Policy.

Also, you grant all other Users of the Services a non-exclusive license to access your Submissions, and to use and exercise all rights in them, as permitted by the functionality of the Service, including reproducing such Submissions on personal devices.

You understand and agree that if you delete your account, your Submissions will remain on the Services and to the extent that they were downloaded or stored by other Users.

You understand and agree that HomeworkUp, in performing the required technical steps to make your Submission accessible through the Services, may need to modify and make changes to your Submissions and the foregoing licenses include the rights to do so.

You understand that we are not required to host, display, or distribute any Submissions, and may remove any Submissions, at any time. We reserve the right to change the format, sizing, and any other display specification of the Submissions as we see fit.

What if I see something on the Services that infringes my copyright?
We can be requested to take down any content that breaches someone’s copyright. For example, in the US, under the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like HomeworkUp, we may be asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable access to Content alleged to be infringing and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Services?
Any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or losses you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any Users with whom you interact when using the Services and are not responsible for which Users gain access to the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by HomeworkUP When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

HomeworkUp has no control over, and assumes no responsibility for, the content, accuracy, terms and conditions, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, HomeworkUp will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that HomeworkUp shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between Users on this site, or between Users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Artificial Intelligence features on HomeworkUp
HomeworkUp may use artificial intelligence (“AI”) services to provide some of the AI features on the platform. AI-generated output that appears in the Services is not created or reviewed by humans and may be provided via third-party services. Such output may be inaccurate or offensive and does not represent HomeworkUp’s view. In accordance with the Warranty Disclaimer section in these Service Terms, HomeworkUp is not responsible for any AI-generated content that is inaccurate, false, or inappropriate.

The representations and warranties made by you in the “Your use of the Services is subject to the following additional restrictions” section above apply equally to your use of the AI features on the Services.

If you would like to flag inaccurate or offensive AI-generated content, you may do so directly through the relevant Service or by contacting us at [email protected]. To report potentially infringing content, refer to the section “What if I see something on the Services that infringes my copyright?

3. WHAT ARE THE RIGHTS AND OBLIGATIONS SPECIFIC TO TUTORS?

In addition to the above obligations applicable to all Users, you agree to the below terms if you sign up as a Tutor through the Services.

You have read and agree to our pricing information and policy, which may be updated from time to time upon prior written notice to you.
You have the required qualifications, credentials and expertise to teach and offer the courses, instruction and materials you sign up to provide, and that any credentials you post are accurate, truthful, complete, and not misleading;
You will not use the Services for any business other than for providing tutoring, teaching and instructional services to registered Users;
You will act as freelancers and not an employee or agent of HomeworkUp;
You will not engage in any activity that will require HomeworkUp to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
You will not interfere with or otherwise prevent other Tutors from providing their services or courses;
You will keep your Submissions up-to-date, and respond to Users seeking your services in a timely fashion, so as to ensure quality of service to Users;
If you are under the legal age of majority in your jurisdiction of residence, but are qualified to be a Tutor, you will obtain parental or legal guardian permission as and when needed, and before registering with the Services; and
If you are in a jurisdiction where any form of instructing requires a license, credential, certification or other form of governmental or third party license, consent, authorization or permission, you shall not use the Services as a Tutor until such license, consent, authorization or permission has been obtained.
You will only submit one (1) tutor application to HomeworkUp and if accepted, you will only have one (1) tutor account on the HomeworkUp platform;
You will only use the tutor account associated with the tutor application you submitted and will not buy, sell, rent, lend, transfer, or borrow a tutor account;
You will not use a VPN, anonymous IP, or proxy when submitting your tutor application or when answering questions on the HomeworkUp platform;
You understand that if your tutor account is suspended, banned, or disabled for any reason, you will no longer be able to be a tutor on the HomeworkUp platform; and
You will not, under any circumstance, misrepresent your identity, attempt to circumvent HomeworkUp’s identity verification processes, or provide false or altered information, documentation, location information, or other credentials to HomeworkUp.

You understand that any breach of the tutor obligations listed herein may result in the termination of your account access. If your account is terminated by us due to a breach of any of the Terms, you understand that you will no longer have access to your account and that you may forfeit any pending or available earnings.

4. OTHER IMPORTANT TERMS

Will HomeworkUp ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features, or restrict access to parts or all of the Services. If we make a material change to the Services that would adversely affect you, we will give you prior notice to the extent that is reasonably practicable (or, if not, as soon as possible after the material change). Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of the Terms), in our sole discretion, and without notice.

What are the categories of users?
We offer access to our Services as a free user or as a paid user. Free users are users who have created an account but have not purchased a subscription package. Free users will have limited and restricted access to the Services unless they purchase a subscription package or upload content for access, limited to and in accordance with the level of access described at the point of upload. Paid users are users who have created an account and have purchased a subscription package. The subscription levels, benefits, and pricing of each level of subscription may vary and are subject to change at any time, so please read the terms of any particular level of subscription before accepting and purchasing the subscription package.

Does the HomeworkUp Service cost anything?
HomeworkUp offers free access as well as paid access to the Services. You may use the Services as a paid user or a free user. If you decide to purchase a subscription, each and every paid subscription package requires an upfront and immediate charge to your primary payment method, depending on the subscription term that you elect to purchase. The length of the subscription and the frequency at which payment will be made will be selected by you when you subscribe to paid access. For more details on pricing, payment, refunds, and what is included in the different levels of access, please see our Frequently Asked Questions.

Does my subscription automatically renew?
If you pay for a subscription by credit or debit card (or other payment method identified on the Services as involving an automatically renewing subscription) and you do not cancel your subscription before the subscription term end date, your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected (for example, unless you cancel, a one-month subscription will automatically renew on a monthly basis). Unless otherwise indicated in any applicable additional terms or communications we send to your registered email address, such renewal will be at the same subscription fee as when you first subscribed, plus any applicable taxes, unless we notify you before the end of your current term that the subscription fee will increase. You acknowledge and agree that your payment method will be automatically charged for such subscription fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your subscription is subject to automatic renewals, and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees.

Payment must be made by credit or debit card. We accept most major credit cards and debit cards. You should be aware that online payment transactions are subject to validation checks by your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

What if I want to stop using HomeworkUp?
You’re free to do that at any time by clicking the “delete account” option in your Account Settings. If you delete your account: 1) your account will be removed from the HomeworkUp platform, but your Submissions will remain in accordance with these Service Terms (see “Do I have to grant any licenses to HomeworkUp or to other Users?” section above); 2) we will not be able to provide you with Services, and you will no longer receive emails from us; and 3) you will not be able to use the email address associated with your account with HomeworkUp again.

You can cancel any ongoing billing through your Account Settings section of the User Dashboard of the Service, as further detailed in the FAQ. For any questions, please email us at [email protected]. Cancellations will be effective immediately. Termination of your account does not affect your liability or obligations under the Terms.

HomeworkUp is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of the Terms. HomeworkUp has the sole right to decide whether you are in violation of any of the restrictions set forth in the Terms. If your account has been suspended or terminated, you may not open another account with us.

No Refunds
All payments are final and no refunds will be issued except: (a) for those refunds issued under HomeworkUp’s Money Back Guarantee; (b) as otherwise provided in the Terms; (c) as required by applicable law; or (d) as otherwise described by us when a User initially purchases a subscription package. Subject to the provisions above, unused Tutor Questions, unused unlocks, and any other unused features or parts of the Services, if applicable, expire upon the expiration or cancellation of the applicable subscription package and cannot be redeemed for cash. For any billing related questions in regards to payment, please contact Customer Service at [email protected].

What else do I need to know?
Survival of the Terms. Provisions that, by their nature, should survive termination of the Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.

General Disclaimer. The Services provide a marketplace of Users and Tutors. We don’t hire or background check Tutors, we aren’t responsible for reviewing Content for accuracy, reliability, or appropriateness, nor are we responsible or liable for any interactions between Users and Tutors. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Users or Tutors, including, but not limited to, any User’s reliance upon any information provided by a Tutor. You understand that by using the Services you may be exposed to Content that is offensive, indecent, or objectionable. If you detect such Content, please report it to [email protected]. You hereby agree to hold HomeworkUp harmless from and against any and all claims that you may have arising out of your access or use of any Content.

I use the HomeworkUp App available via the Apple App Store – should I know anything about that?
The Terms apply to your use of the Services, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

Both you and HomeworkUp acknowledge that the Terms are concluded between you and HomeworkUp only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of the Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that HomeworkUp, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, HomeworkUp, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and HomeworkUp acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement that may affect or be affected by such use; and
Both you and HomeworkUp acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of the Terms, and that upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as the third party beneficiary hereof.

Warranty Disclaimer. Neither HomeworkUp nor any of its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Any Content or Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from HomeworkUp or others. EXCEPT AS PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL HomeworkUp (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO HomeworkUp IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold HomeworkUp, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and (b) your violation of the Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate, or transfer the Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without HomeworkUp’s prior written consent. We may transfer, assign, or delegate the Terms and our rights and obligations without consent.

Dispute Resolution Protocol.

Controlling Law and Jurisdiction. These Service Terms will be interpreted in accordance with the laws of the State of California and the United States of America, excluding the United Nations Convention on Contracts for the International Sale of Goods (“CISG”), without regard to its conflict-of-law provisions. You and HomeworkUp agree to submit to the personal jurisdiction of the state and federal courts located within San Francisco County, California, for any actions involving actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or User’s outstanding payment of fees due hereunder.
Negotiations. In the event any dispute arises, except those disputes the involving actual or threatened infringement, misappropriation, or violation of a Party’s Intellectual Property Rights, you and HomeworkUp agree to first attempt to negotiate the resolution of any dispute, informally for at least thirty (30) days before initiating any arbitration or court proceeding.
Other Parties. You accept that, as a corporation, HomeworkUp has an interest in limiting the personal liability of its directors, officers, and employees. You agree that it will not bring any claim personally against our directors, officers, or employees in respect of any losses you suffer in connection with the Services. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in the Terms will protect our directors, officers, employees, agents, subsidiaries, successors, assigns, and sub- contractors, as well as HomeworkUp.
Binding Arbitration. All claims arising from use of the Services (except those disputes involving actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or your outstanding payment of fees due hereunder) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one Party will be final and binding on the other. You understand that if either Party elects to arbitrate, neither Party will have the right to sue in court or have a jury trial. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes both of which are available at the AAA website http://www.adr.org. The Parties will submit briefs of no more than 10 pages, and the arbitration hearing will be limited to two (2) days maximum. The arbitrator must apply California law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise agreed by the Parties, arbitration will take place in San Francisco, California. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If your claim for damages does not exceed $10,000, we will pay your share of arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose as determined pursuant to Federal Rule of Civil Procedure 11(b). The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing. The Parties may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER. YOU AND HomeworkUp AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOU AND HomeworkUp INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND HomeworkUp ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE USER’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CONSOLIDATES, CLASS, OR REPRESENTATIVE PROCEEDING.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that HomeworkUp may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that the Terms shall otherwise remain in full force and effect and enforceable. You and HomeworkUp agree that the Terms are the complete and exclusive statement of the mutual understanding between you and HomeworkUp, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Terms, and that all modifications to the Terms must be in writing signed by both parties (except as otherwise provided herein). You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of HomeworkUp, and you do not have any authority of any kind to bind HomeworkUp in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and HomeworkUp agree that there are no third party beneficiaries intended under the Terms.

Contact Details.

You can contact our customer support team through email at: [email protected]

REGION-SPECIFIC ADDENDUM TO THE TERMS

If you reside in one of the countries or regions set out in the Region-Specific Addendum, these Service Terms are amended as set out in the Region-Specific Addendum and apply to your use of the additional terms set out below apply to your use of the Services and override any inconsistent terms elsewhere in the Terms.

ALL COUNTRIES OUTSIDE OF THE UNITED STATES
The following Region Specific Terms apply to all countries outside of the United States, in addition to any other Region Specific Terms which are set out below.

All terms

All USD currency figures are replaced with the applicable converted equivalent in the local currency of the relevant country.

AUSTRALIA:
The following Region Specific Terms apply to Australia.

In the clause “Permitted Use”, the following words are inserted at the end of the section:

HomeworkUp DOES NOT EXPRESSLY, TACITLY, OR IMPLIEDLY AUTHORISE OR PERMIT THE PROVISION OF ACADEMIC CHEATING SERVICES (AS DEFINED IN THE TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 (CTH) (TEQSA ACT). YOU ARE STRICTLY PROHIBITED FROM USING THE SERVICES TO PROVIDE, UNDERTAKE, OR SOLICIT WORK THAT IS, OR FORMS A SUBSTANTIAL PART OF, AN ASSESSMENT TASK (AS DEFINED IN THE TEQSA ACT) THAT A STUDENT IS REQUIRED TO PERSONALLY UNDERTAKE.

The clause “We are not responsible for Content” is amended as follows:

in the sentence “We cannot ensure that any Tutor or User will complete a transaction.” the words “Tutor or” are deleted; and
the following words will be inserted at the end of the second paragraph:
Content is not to be used, under any circumstances, to form a substantial part of an assessment task that any student is required to personally undertake (within the meaning of these words in the TEQSA Act).

In the clause “Access to Tutors”, the following words “(e.g., call the relevant emergency services, such as, in the U.S., call 911)” are deleted and replaced with the words “(e.g., call the relevant emergency services, such as, in Australia, call 000)”.

In the clause “Tutor Answers”, the following words are inserted at the end of the section:
You must not, under any circumstances, use Tutor Answers to form a substantial part of an assessment task that any student is required to personally undertake (within the meaning of these words in the TEQSA Act).

In the clause “Do I have to grant any licenses to HomeworkUp or to other Users?”:

in the fifth paragraph, the following words “irrevocable” and “perpetual” are deleted; and
the sixth paragraph is deleted and replaced with the following:
Finally, you understand and agree that HomeworkUp, in performing the required technical steps to make your Submission accessible through the Services, may, as is reasonably necessary, need to make minor modifications and changes to your Submissions and the foregoing licenses include the rights to do so.

In the clause “What are the rights and obligations specific to Tutors?”:

the following sentence is added at the end of the following dot point “If you are in a jurisdiction where any form of instructing requires a license, credential, certification or other form of governmental or third party license, consent, authorization or permission, you shall not use the Services as a Tutor until such license, consent, authorization or permission has been obtained”:
You will obtain the following license relevant to the State or Territory:
1. NSW, Vic, WA, SA: Working With Children Check
2. QLD: Blue Card
3. Tas: Register to Work with Vulnerable People
4. NT: Ochre Card
5. ACT: Working With Vulnerable People Check
the following words are inserted at the end of the list of terms in that section:
You will not, under any circumstances, provide or agree to provide work that forms a substantial part of an assessment task that any student is required to personally undertake (within the meaning of these words in the TEQSA Act).

In the clause “What if I want to stop using HomeworkUp?”:

the last paragraph is deleted and replaced with the following:
Without prejudice to HomeworkUp’s other rights and remedies, HomeworkUp may suspend, remove or disable access to all or any portion of the Services or terminate this Agreement:
1. if User breaches any term of the Terms and does not cure the breach within 7 business days after being notified by HomeworkUp to do so;
2. immediately, if the User engages in any of the prohibited conduct set out in the section titled “Your use of the Services is subject to the following additional restrictions”; or
3. immediately, if the User engages in or produces any fraudulent, harmful or illegal content or material (including that listed at l. of the section titled “Your use of the Services is subject to the following additional restrictions”).

In the clause “Warranty disclaimer”:

the following words are inserted at the end of the section:
HOWEVER, NOTHING IN THE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY RIGHTS OR REMEDIES CONFERRED ON THE USER BY THE AUSTRALIAN CONSUMER LAW, OR ANY OTHER APPLICABLE LAW, WHICH MAY NOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT.

HOWEVER, FOR THE AVOIDANCE OF DOUBT AND NOT WITHSTANDING OTHER TERMS OF THE TERMS, WHERE HomeworkUp FAILS TO MEET ANY OBLIGATION UNDER THE AUSTRALIAN CONSUMER LAW AND THAT FAILURE IS A MAJOR FAILURE, THE USER IS ENTITLED TO (AT USER’S ELECTION AND TO THE EXTENT APPLICABLE TO THE RELEVANT SERVICE TO WHICH LIABILITY ARISES):

(A) CANCELLING THIS AGREEMENT; AND

(B) A REFUND FOR THE UNUSED PORTION OF THE SERVICES, OR COMPENSATION FOR THE REDUCED VALUE IN THE SERVICES.

THE USER IS ALSO ENTITLED TO BE COMPENSATED FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE.

IF THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE, THE USER IS ENTITLED TO HAVE THE SERVICES RECTIFIED BY HomeworkUp IN A REASONABLE TIME AND, IF THIS IS NOT DONE, TO CANCEL THE AGREEMENT AND OBTAIN A REFUND FOR THE UNUSED PORTION OF THE AGREEMENT.

CANADA:
The following provisions apply to Users based in Canada. There may be province specific terms that apply to Users in certain provinces within Canada. To the extent that the province specific terms are inconsistent with provisions elsewhere in the Service Terms, the province specific terms override such inconsistent terms and apply to Users located in that province.

The section titled “Warranty Disclaimer“ is replaced in its entirety with the following:
“Warranty Disclaimer. Neither HomeworkUp nor any of its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Any Content or Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty, condition, or representation of any kind from HomeworkUp or others. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AS WELL AS CONDITIONS OR WARRANTIES ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE, COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMERS OF CERTAIN WARRANTIES OR CONDITIONS, SUCH AS THOSE SET OUT IN THIS SECTION. TO THE EXTENT THAT ANY DISCLAIMERS OR EXCLUSIONS IN THE TERMS ARE PROHIBITED BY LAW, SUCH DISCLAIMERS OR EXCLUSIONS WILL ONLY APPLY TO THE EXTENT NECESSARY TO MAKE THE TERMS CONSISTENT WITH SUCH PROHIBITIONS.”
The section titled “Controlling Law and Jurisdiction” is replaced in its entirety with the following:
“Controlling Law and Jurisdiction. These Service Terms are governed by and will be construed under the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of laws provisions thereof. For all purposes of these Service Terms, the parties consent to exclusive jurisdiction and venue in the provincial or federal courts located in, respectively, Toronto.”

CANADA (PROVINCE OF QUÉBEC ONLY):
The following provisions apply to Users based in the Province of Québec, Canada:

Clause required under Québec’s Consumer Protection Act.
The consumer may cancel this contract at any time by sending the form attached hereto or another notice in writing for that purpose to the merchant.

This contract is cancelled, without further formality, upon the sending of the form or notice.

If the consumer cancels this contract before the merchant has begun to perform his principal obligation or within 10 days after that on which each of the parties is in possession of a duplicate of the contract, whichever period is longer, the consumer has no charge or penalty to pay.

If the consumer cancels the contract after the merchant has begun to perform his principal obligation and after the 10 days mentioned in the fourth paragraph, the consumer must pay only:

(a) the price of the services rendered to him, computed on the basis of the rate stipulated in the contract; and

(b) the lesser of the following 2 sums: $50, or a sum representing not more than 10% of the price of the services that were not rendered to him;

Within 10 days following the cancellation of this contract, the merchant must restore to the consumer the sum of money he owes him.

It is in the consumer’s interest to refer to sections 58 to 65, 190 to 196 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.
Cancellation From
(CONSUMER PROTECTION ACT, S. 190)

RESILIATION FORM

To:
Name of merchant:
Address of merchant:
Date:
Date on which form sent:

Under section 193 of the Consumer Protection Act, I cancel the contract

No. :
(contract number, if any)

Entered into on:
(date when contract was entered into)
At:
(place where contract was entered into)

Name of consumer:
Signature of consumer:
Address of consumer:
The section entitled “General Disclaimer” does not release HomeworkUp from its own actions or those of its representatives.
The exclusion of warranties contained in the section entitled “Warranty Disclaimer” do not limit your rights and remedies under Québec’s Consumer Protection Act, including the right to make a claim under any of the statutory warranties provided under sections 34 to 54 of such Act.
The limitations of liability contained in the section entitled “limitations of liability” do not release HomeworkUp from the consequences of its own actions or the actions of its representatives.
The section entitled “Controlling Law and Jurisdiction” does not apply.

UNITED KINGDOM:
The following Region Specific Terms apply to the United Kingdom.

All Terms

All capitalized upper case wording is replaced with lower sentence case wording.

The clause “Does the HomeworkUp Service cost anything?” is deleted and replaced with the following:

HomeworkUp offers a free access as well as a paid access to the Services. To subscribe to the Services, you must follow the prompts that appear on screen. You may check and correct any input errors right up until the point at which you subscribe to the Services by clicking the “Pay and Get Instant Access Now” button at checkout. The length of the subscription and the frequency at which payment will be made will be as selected by you when you subscribe for access to the paid for Services.

The charges for Services are as quoted on the Site from time to time. The charges include VAT. The charges for the Services may change at any time, but we will not change the subscription payment amount that you have purchased unless we give you at least thirty (30) days notice of the increase, during which time you may cancel your subscription. When you subscribe, payment for the first subscription period will be taken immediately, and subsequent payments will be automatically taken from the same payment method. Consequently, you authorise us, on an ongoing basis, to debit that card (or, if relevant, the alternative card) automatically with all charges due and payable by you in relation to any Service in accordance with the Terms, until that Service is cancelled or your account is closed.

Payment must be made by credit or debit card. We accept payment by most major credit and debit cards. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

The clause “What if I want to stop using HomeworkUp?” is deleted and replaced with:

“You’re free to do that at any time, by clicking the “delete account” option in your Account Settings. If you delete your account: 1) your account will be removed from the HomeworkUp platform, but your Submissions will remain in accordance with the Terms (see “Do I have to grant any licenses to HomeworkUp or to other Users?” section above); 2) we will not be able to provide you with Services, and you will no longer receive emails from us; and 3) you will not be able to use the email associated with your account with HomeworkUp again.

Pursuant to applicable consumer law, you may have the right to cancel and receive a refund of your subscription amount within 14 days of the initial subscription date, however, you acknowledge that we start provision of the Service immediately following receipt of your subscription payment. If you cancel your subscription within the 14 day period then the charge you pay us (and which we will deduct from any refund otherwise due to you) will be proportionate to the Service that has been carried out by the time you cancel, and will not exceed our reasonable costs of providing the Service up until that point.

You can cancel any ongoing billing through your Account Settings section of the User Dashboard of the Service as further detailed in the FAQ. Alternatively you can complete the form below and send it to us. For any questions, please email us at [email protected]. Cancellations will be effective immediately. Termination of your account does not affect your liability or obligations under the Terms.

CANCELLATION FORM

To HomeworkUP, email [email protected]:

I/We* hereby give notice that I/we* cancel my/our* contract for the supply of the following service:

Ordered on*:

Names of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

The clause “Controlling Law and Jurisdiction” is deleted in its entirety and replaced with:

“Controlling Law and Jurisdiction. These Service Terms are governed by and will be construed under the laws of the country of your residence, without prejudice to any mandatory conflicts of laws provisions. Any dispute between you and us regarding these Service Terms will be dealt with by the courts of your place of residence.”