Ilern General Terms & Conditions - Teachers

Our specific terms and conditions in provision of education services contain the following articles:

 

1. Definitions

2. Account Registration and Use

3. Provision of Services

4. Appearance and Setting

5. Financial Terms for Teachers   

         5.1 Payment of fees            

         5.2 Service Commissions

         5.3 Foreign Exchange Risk

         5.4 No Circumvention of Commission Fees

 6. Taxes

7. Limitation of Liability

8. Termination

9. Privacy

10. Teacher – User Dispute

11. Contact and support

12. Exclusive Jurisdiction Clause

1.Definitions

Capitalised terms used herein (and not otherwise defined) have the following meanings:

“Certified Teachers” – Teachers holding a certificate or any other proof of their qualifications.

“Subject Experts” – Anyone who doesn’t hold a qualification, but is very knowledgable on one or more subjects and believes he/she can teach them to others. 

“Teachers” – Certified teachers and Subject Experts.

Teacher Services or Services” – Services delivered by Certified Teachers and Subject Experts, including but not limited to paid lessons, courses and other services rendered using ilern Portal.

“Lesson bookings” – Bookings made by Users on the Ilern Portal.

“Earned Fees” – The fees paid by Users to Teachers and based on an hourly or package rate advertised by teachers on the Portal. 

“ilern Portal” – The website www.ilern.online.

“Service Commissions” – The amount ilern deducts from the teacher’s Earned Fees for the usage of the ilern portal.

“Rounding Off” – Ilern may, in its sole discretion, round up or round down amounts that are payable from or to Teachers or Users to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest GBP sterling); for example ilern may round up an amount of £50.50 to £51.00, and may round down an amount of £50.49 to £50.00.

“User rating” –  The rating that a User gives to the certified teacher or subject expert after attending one of their lessons or courses.

“Lesson Package” – A Teacher may offer Users, and Users may purchase from a Teacher, more than one Lesson in a single package. Users are expected to complete all Lessons in the Lesson Package within six (6) months of the purchase date (the “Package Expiration Date”). If there are any Lessons yet to be completed on or before the Package Expiration Date, ilern will take care of sending reminders to both the User and the Teacher before such Date.

“Users” – Students who register on the ilern Portal and book lessons with ilern Certified Teachers and/or Subject Experts.

“Teacher’s Purse” – The section of the Teacher’s dashboard that contains all the details regarding payments of Earned Fees and Service Commissions. 

2. Account Registration and Use

In order to become an ilern Certified Teacher or Subject Expert, Teachers must register an account on the ilern Portal (hereinafter referred to as “Account”).

When Teachers register on the ilern Portal and set up an Account, they must: 

(i) provide accurate and complete information and promptly update it should any change occur;

(ii) authorise ilern to make any inquiries we consider necessary or appropriate to verify the information provided to us related to any Services Teachers provide via the ilern Portal; 

(iii) acknowledge and accept any relevant ilern policies, including but not limited to those pertaining to service quality, privacy and Teachers online etiquette. Teachers will not use false identities or impersonate any other person or use another account that they are not authorised to use;

(iv) be responsible for safeguarding and maintaining the confidentiality of their Account information. Teachers agree not to disclose their Account information to any third party and that they are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of their Account on ilern Portal, whether or not they have authorised such activities or actions. They will immediately notify ilern of any unauthorised use of their Account. They agree that they will not permit, enable, introduce or facilitate other persons to participate in providing tutoring services from their Account, including others who may be subject to an agreement that is the same or similar to this Agreement.

3. Provision of Services

Upon confirmation of Teacher Services, by both the User and the Teacher, they shall be considered as entering into a contract, based on which the Teacher agrees to deliver the Teacher Services. 

Teachers providing the Services acknowledge and agree to the following:

(i) they have the requisite knowledge in teaching their subject(s); 

(ii) they will not enter into any contractual provisions that conflict with the ilern Terms;

(iii) they agree to act with good faith and fair dealing when delivering the Teacher Services; 

(iv) they agree that the value, reputation, and goodwill of the ilern Portal depends on their performance of the foregoing covenants and agreements; and

(v) therefore agree that ilern has the right to take such actions with respect to the Teacher Services, including, without limitation, the suspension, termination, or legal actions, as ilern in its sole discretion deems necessary to protect the value, reputation, and goodwill of the ilern Portal and its Users;

(vi) teachers will receive bookings from Users (“Lesson bookings”) for the dates and times that they have made available on the calendar. If, for any reason, these lessons can’t be carried out, Teachers MUST immediately inform the User and arrange alternative dates/times.

(vii) Ilern acts as a facilitator between Teachers and Users for the provision of Teacher Services.  Ilern doesn’t make editorial or managerial decisions concerning Teacher’s provision of the Services, and will not be held responsible for their failure to comply with applicable laws or regulations. Without limiting the terms of the “Limitation of Liability” section below, ilern is not responsible for the use or exchange of any information, files or goods between Teachers and the Users of the Portal. Further, ilern doesn’t controls, or is responsible for the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Teachers or Users of the Portal, including, without limitation, the Services provided or other information made available through the Portal.

(viii) Teachers will not use the Portal or provide the Services in any manner that harasses a user of the Portal or another tutor or could otherwise interfere with any other party’s use or enjoyment of the Portal. 

(ix) Teachers will respect the privacy of Users of the Portal and will not use the Portal for unwelcome, rude or abusive communications or in any other disrespectful or detrimental manner, as determined by ilern in its sole discretion and as per ilern Teachers online etiquette.

(x) Teachers will neither use the Portal to invite a user to meet in person nor may they provide the Services to a User of the Portal outside of the Portal or pursuant to their provision of the Services.

4. Appearance and Setting

The appearance of ilern teachers during online classes (1-2-1 or group classes) has to reflect the professional nature and quality of the services.

Background – The background of the session (visible area behind the Teachers) should be a simple wall or drape that is light in colour and located in a brightly lit environment.

Curtains that will move or shift, patterns, or dark colours are not permitted.

There should be nothing else visible behind ilern Teachers that could distract Users, including people walking behind, views of teacher’s immediate environment, or other distractions.

Lighting –  Should be bright enough for Users to see ilern Teacher’s face clearly.

Noise – There should be no background noise (people talking, telephones ringing or music playing) or other distracting sounds that could detract from the quality of the teaching session. 

Video and Audio – Teacher must offer a unique, live, online teaching environment, where they are expected to be seen and heard clearly.

Pausing the video/muting the audio – If ilern Teachers need to sneeze, cough, or anything else unavoidable and potentially distracting during the session, they should pause the video and/or mute the audio (whichever is applicable) for no more than one (1) minute. If ilern Teachers pause the video or mutes the audio for more than five (5) minutes, they are subject to a written warning.

Ilern Teachers must sign into their scheduled online sessions at least five (5) minutes prior to the session starting time. Failure to comply with the login rules may result in a record of tardiness or absence.

 

5. Financial Terms for Teachers

5.1 Payment of fees

Earned fees:

(i) are paid on a per hour basis in accordance with the number of hours or partial hours of Services Teachers provide at the hourly rates specified by them on the ilern Portal;

(ii) are inclusive of any and all applicable taxes for which they may be responsible;

(iii) are subject to any Penalty Costs that may be incurred as a result of; being late, unfinished sessions, or a “no show” for any previously scheduled session.

In order to receive payment of Earned Fees from ilern, Teachers will be required to create an account with PayPal, our third party payment processor, and submit a request of ‘Transfer Credit’ from their dashboard’s Purse. Earned Fees will be remitted to them via the PayPal account net of Commissions, up to twice monthly. 

Teachers are solely responsible for ensuring that they will be able to receive and withdraw money from their PayPal account. Fees that may be charged directly by PayPal in relation to their account are solely their responsibility.

If Teachers incur any Penalty Costs without any Fees against which to offset such Penalty Costs, they will remain liable to ilern for the full amount of such Penalty Costs until such time that any earned Fees payable to them exceed any accumulated Penalty Costs, failing which they will remain responsible to reimburse ilern for such Penalty Costs.

5.2 Service Commissions

The registration to the Portal is free.

(i) The Commission will be applied to full lessons only, trial sessions won’t be charged. For each successfully completed lesson or Lesson Package, the commission is 12.5% of the total cost of such Lesson or Lesson Package. The Service Commission will be deducted when transferring the Earned Fees to the Teacher’s Purse and details of each transaction will be listed on Teacher’s dashboard under ‘Teacher’s Purse details’. 

(ii) the balance shown in the Teacher Purse is the full balance after all Service Commissions have been deducted. Amounts may be rounded up or down as described in the Rounding Off. To the extent any refunds are issued to a User, no Commission Fees will be charged to the Teacher with respect to ilern payments that are refunded back to the User.

5.3 Foreign Exchange Risk

ilern classes and courses are priced in GBP pounds sterling. ilern is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than GBP, nor is ilern responsible for currency fluctuations that occur when receiving or sending payment via third party payment services.

5.4 No Circumvention of Commission Fees

Teachers shall not engage in any action or activity meant to circumvent the Service Commissions, with such actions or activities including, but not limited to, the following: (i) suggesting, soliciting, or accepting payment outside of the ilern Portal; or (ii) reporting or listing an inaccurate price for a lesson or Lesson Package on the ilern Portal, or charging a fee for a lesson that is different from the amount agreed between User and Teacher when purchasing ilern classes and courses.

6. Taxes

Teachers are NOT employed by ilern and do not receive any remuneration from ilern for their Teacher Services. Teachers determine their hourly rate, discounts and promotions of their own accord and ilern does not have any influence on the pricing. Ilern acts as a matchmaker between Users and Teachers and will charge a Service Commission to the Teachers for their use of the “Ilern Portal”.

Teachers shall be solely responsible for determining their applicable tax related duties in connection with the income obtained from their Teacher Services, and shall also be solely responsible for remitting to the relevant authority any applicable taxes that need to be paid. Ilern cannot and does not offer tax-related advice to any Members.

 

7. Limitation of Liability

ILERN WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR TEACHERS PROVISION OF THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM TEACHERS COMMUNICATE OR INTERACT AS A RESULT OF THEIR USE OF THE PORTAL WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ILERN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

8. Termination

Teachers agree that ilern may terminate this Agreement at any time with a notice via email and upon payment of any outstanding and unpaid Earned Fees (net of any Penalty Costs), and that no additional advance notice or fees in lieu of notice are required in the event of such termination:

(i) at any time without notice or any further payment, including upon Teachers breach of any of the terms of this Agreement; or

(ii) if Teachers “user rating” falls below 4.7;

(iii) Teachers may terminate this Agreement at any time in their sole discretion upon providing ilern with ten (10) calendar days’ notice of their intention to do so. Upon receipt of such notice ilern may waive notice in which event this Agreement shall terminate immediately.

 

9. Privacy

Ilern is committed to protecting the privacy of all Teachers. By registering on the Portal, Teachers authorise ilern to collect their personal information such as contact information, academic background, and financial information. Such information is confidential and will NOT be shared with  any third party. 

 

10. Teacher – User Dispute

In the event of a disagreement between a Teacher and a User, ilern encourages the Teacher and User to communicate directly and attempt to resolve the disagreement. If a Teacher and User are unable to resolve a disagreement and ilern’s intervention is requested as mediator, ilern may ask Teacher and User both to provide communication records regarding the dispute, which should show all key relevant information and communication details (date, time, etc.). Although ilern will attempt to evaluate the dispute impartially, ilern will have the authority to resolve the dispute in its sole discretion, and ilern’s resolution of the dispute will be final. As a result, ilern shall have the right, in its sole discretion: 

(i) To transfer credits, offer a refund, or reverse a transaction;

(ii) To designate who shall bear the Commission Fee resulting from any such actions.

 

11. Contact and Support

Teachers wishing to report a violation of this Terms and Conditions, or having any questions or requesting assistance, should please contact ilern Customer Service at info@ilern.online .

 

12. Exclusive Jurisdiction clause

Each party to this agreement irrevocably agrees that the courts of England shall have exclusive jurisdiction to hear, settle, and/or determine any dispute, controversy, or claim arising out of or in connection with this agreement, including any question regarding its existence, validity, formation or termination. For these purposes, each party irrevocably submits to the jurisdiction of the English courts.