1. Acceptance of Terms
Welcome to Zark Online Tutor. These Terms form a binding agreement between you and Zark Online Tutor regarding your use of our website, learning portals, and related services. If you do not agree to these Terms, you must not use the Platform.
If you are using the Platform on behalf of a minor, you represent that you are the parent or legal guardian and that you accept these Terms on the minor's behalf.
2. Description of Services
Zark Online Tutor provides an online platform that connects students with qualified tutors for live and scheduled learning sessions, subject enrollment, messaging, account management, and related educational services. Features may vary by account type and may be updated from time to time.
We may modify, suspend, or discontinue any part of the Platform at our discretion, with or without notice, where permitted by law.
3. Eligibility and Account Registration
You must provide accurate, current, and complete information when registering and keep your account information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
New accounts may be subject to review and approval before full access is granted. We reserve the right to refuse, suspend, or terminate any account that violates these Terms or poses a security, legal, or operational risk.
You must be at least 18 years old to create an account on your own behalf. Accounts for learners under 18 must be created and supervised by a parent or legal guardian.
4. Student and Parent Responsibilities
Students and parents or guardians agree to:
- Use the Platform only for lawful educational purposes
- Attend scheduled sessions on time or follow the rescheduling procedures made available in the Platform
- Provide a safe, appropriate environment for online learning
- Supervise minors during sessions where appropriate
- Review assigned tutors, schedules, and account notifications regularly
- Pay applicable fees when due using the payment methods offered on the Platform
5. Tutor Responsibilities
Tutors using the Platform agree to:
- Provide accurate professional and profile information
- Deliver sessions professionally, punctually, and in accordance with applicable standards
- Comply with scheduling, communication, and operational policies communicated through the Platform
- Maintain any integrations or tools required to conduct online sessions
- Act as an independent service provider and not as an employee, partner, or agent of Zark Online Tutor, unless otherwise agreed in writing
6. Scheduling, Sessions, and Cancellations
Session schedules, attendance rules, rescheduling options, and cancellation policies are displayed within your account or communicated through official Platform notices. You agree to follow those policies as they apply to your enrollment.
Online sessions may be conducted through approved third-party video or communication tools. You are responsible for having a compatible device, stable internet connection, and suitable learning environment.
Failure to attend a session or to follow scheduling policies may affect session status, future bookings, or refund eligibility as described in the applicable Platform policy.
7. Fees, Billing, and Payments
Fees for tutoring services, packages, or related offerings are displayed before you confirm a purchase or enrollment. By submitting payment, you authorize us and our payment partners to process the transaction using your selected payment method.
Where the Platform uses a prepaid account balance or wallet, funds added to that balance are intended for use on the Platform only. Unless required by applicable law or expressly stated in a published refund policy, wallet balances and completed payments are non-refundable and non-transferable.
You are responsible for any taxes, bank charges, currency conversion costs, or third-party processing fees associated with your transactions, except where we are legally required to collect and remit taxes.
8. Refunds
Refund eligibility, if any, is determined by the refund and cancellation policies published on the Platform at the time of purchase or displayed in your account. Approved refunds may be issued as account credit or through another method we specify, rather than as a cash reversal to your original payment method.
Nothing in these Terms limits any non-waivable rights you may have under applicable consumer protection laws.
9. Acceptable Use
You agree not to:
- Harass, abuse, threaten, defame, or discriminate against any person
- Upload or share unlawful, harmful, obscene, or infringing content
- Impersonate another person or misrepresent your qualifications or authority
- Interfere with Platform security, attempt unauthorized access, or introduce malicious code
- Record, copy, distribute, or commercially exploit session content without permission where prohibited
- Use the Platform for any unlawful, fraudulent, or unauthorized purpose
We may investigate violations and take appropriate action, including content removal, session cancellation, account suspension, or termination.
10. Intellectual Property
The Platform, including its software, branding, design, text, graphics, and other materials, is owned by or licensed to Zark Online Tutor and is protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable right to access and use the Platform for its intended educational purpose.
Tutors retain ownership of original teaching materials they create, but grant students a personal, non-commercial license to use materials provided during paid sessions for learning purposes only.
11. Privacy
Your use of the Platform is also subject to our privacy practices. We collect and use personal information needed to operate the service, including account details, learning records, communications, and payment-related information. Parents and guardians are responsible for supervising a minor's use of the Platform and for the accuracy of information submitted on their behalf.
12. Third-Party Services
The Platform may rely on third-party providers for payments, video conferencing, email delivery, analytics, and other functions. Your use of those services may be subject to the third party's own terms and policies. We are not responsible for third-party outages or acts beyond our reasonable control, but we will use commercially reasonable efforts to restore service.
13. Disclaimers
The Platform and all services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Zark Online Tutor disclaims all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee specific academic outcomes, grade improvements, test results, admissions, or uninterrupted availability of any tutor or session.
14. Limitation of Liability
To the maximum extent permitted by applicable law, Zark Online Tutor and its owners, directors, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or business opportunity arising from your use of the Platform.
Our total liability for any claim relating to the Platform or these Terms will not exceed the amount you paid to us for the service giving rise to the claim during the three (3) months before the event, except where a higher limit is required by law.
15. Indemnification
You agree to indemnify and hold harmless Zark Online Tutor and its personnel from claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your misuse of the Platform, your violation of these Terms, or your infringement of another person's rights.
16. Suspension and Termination
We may suspend or terminate your access immediately if you breach these Terms, create legal or security risk, or if required by law. You may stop using the Platform at any time. Provisions that by their nature should survive termination will remain in effect, including payment obligations already incurred, intellectual property, disclaimers, limitation of liability, and indemnification.
17. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the effective date shown on the Platform. Material changes may also be communicated through the website, your account, or email where appropriate. Continued use of the Platform after changes become effective constitutes acceptance of the updated Terms.
18. Governing Law and Disputes
These Terms are governed by the laws of the Republic of the Philippines, without regard to conflict-of-law principles. You agree to first contact us to seek informal resolution of any dispute. If informal resolution fails, disputes will be brought in the courts or tribunals of competent jurisdiction in the Philippines, unless mandatory law provides otherwise.
19. Contact Information
If you have questions about these Terms, please contact us:
By creating an account, making a payment, attending a session, or continuing to use Zark Online Tutor, you acknowledge that you have read, understood, and agree to these Terms & Conditions.
