Terms and conditions - Skooly

Effective date: 10th March 2025

1. Introduction

Welcome to Skooly!

These Terms and Conditions ("Terms") govern your use of the Skooly platform ("Platform"), accessible at www.skooly.cosup.eu ("Website"), operated by Skooly ("We," "Us," or "Our"). Skooly is a project hosted on behalf of CoSup (the student council for European Schools) under the hosting services of netcup GmbH (Daimlerstraße 25, 76185 Karlsruhe, Germany).

By accessing or using the Platform, you ("User," "You," "Your") agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Platform.

These Terms incorporate by reference our Privacy Policy and Cookie Policy, which are available on the Website. Please read all terms carefully to ensure you understand your rights and obligations.

2. Definitions

For the purposes of these Terms:

• "Platform" refers to the Skooly website and any associated services provided through it.
• "User" means any individual accessing or using the Platform, including both Tutors and Students.
• "Tutor" means a user who offers tutoring services through the Platform.
• "Student" refers to a user who seeks or receives tutoring services.
• "Services" encompass all features provided by Skooly, including lesson scheduling and the review system.
• "Content" refers to any data, text, images, reviews, or other material submitted or displayed by users on the Platform.
• "Microsoft Teams" is the external platform used for conducting lessons, and is not directly integrated with Skooly.

3. Eligibility and User Account

3.1 Eligibility

To access and use the Platform, you must meet the following eligibility criteria:

• You must be at least 11 years of age. Users under the age of 16 may require parental or guardian consent, as mandated by applicable laws.
• By creating an account or using the Platform, you represent and warrant that you meet all eligibility requirements set forth in these Terms.

3.2 Account Registration

To utilize certain features of the Platform, including scheduling lessons or offering tutoring services, you must create a user account (“Account”). During registration, you agree to:

• Provide accurate, current, and complete information, including but not limited to:
  • Your full name;
  • A valid email address;
  • Grade (for Students);
  • Language section and spoken languages;
  • Subjects you are qualified to teach (for Tutors).
• Maintain and promptly update your information to ensure it remains accurate and complete.
• Refrain from creating multiple accounts or misrepresenting your identity.

Skooly reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree to:

• Notify Skooly immediately at [email protected] of any unauthorized use of your Account or any other breach of security.
• Ensure that you log out from your Account at the end of each session.

Skooly shall not be liable for any loss or damage arising from your failure to comply with these security obligations.

4. Platform Use and Services

4.1 Provision of Services

The Platform provides an online marketplace that enables Students to connect with Tutors for educational purposes. Key features of the Platform include:

• Enabling Tutors to create profiles, set availability, and offer tutoring sessions.
• Allowing Students to browse Tutors using filters, schedule lessons, and provide reviews.
• Facilitating communications related to lesson arrangements and academic inquiries.

All services provided through the Platform are free of charge. Skooly does not process payments, charge service fees, or facilitate any financial transactions between Users.

4.2 Permitted Uses

You may use the Platform solely for lawful educational purposes. You agree not to use the Platform:

• For any commercial or profit-driven activities;
• To engage in any unlawful, abusive, or harmful conduct;
• To collect or harvest any personal data of other Users without their consent.

Skooly reserves the right to monitor, review, and remove any Content or User activity that violates these Terms or applicable laws.

4.3 Accuracy of Information

While Skooly strives to ensure the accuracy of information presented on the Platform, including User profiles and scheduling data, we make no warranties or representations regarding the completeness, reliability, or accuracy of such information.

5. Tutor and Student Obligations

5.1 Tutor Responsibilities

As a Tutor, you agree to:

• Provide accurate and truthful information regarding your qualifications, availability, and subjects taught.
• Conduct yourself professionally during all interactions with Students, both on the Platform and during lessons.
• Comply with all applicable laws and educational standards.
• Refrain from engaging in any inappropriate or unethical behavior, including but not limited to harassment, discrimination, or solicitation of payments.

5.2 Student Responsibilities

As a Student, you agree to:

• Use the Platform in a responsible manner for the purpose of receiving educational support.
• Provide accurate information regarding your academic needs and availability.
• Attend scheduled lessons on time and communicate promptly with Tutors regarding scheduling changes.
• Refrain from posting defamatory, offensive, or inappropriate reviews.

5.3 Code of Conduct

All Users agree to:

• Maintain respectful and professional interactions with other Users.
• Avoid any behavior that could harm, intimidate, or offend others.
• Adhere to any community guidelines or policies issued by Skooly.

Failure to comply with these obligations may result in suspension or termination of your Account.

6. Lesson Scheduling and Cancellations

6.1 Scheduling of Lessons

Students may schedule lessons through the Platform by selecting from available time slots posted by Tutors. Lesson scheduling is managed exclusively through the Platform's scheduling tools.

6.2 Cancellations and Rescheduling

• Users may cancel or reschedule lessons through the Platform, subject to any applicable guidelines.
• Skooly recommends providing a minimum of 24 hours notice for cancellations.
• Repeated cancellations, last-minute changes, or failure to attend scheduled lessons may result in account review and possible disciplinary action.

6.3 No-Show Policy

Skooly does not impose specific penalties for no-shows but reserves the right to monitor and address any patterns of non-compliance with scheduling commitments.

7. Use of Microsoft Teams

7.1 External Platform Disclaimer

Lessons facilitated through Skooly are conducted on Microsoft Teams. Skooly is not affiliated with, endorsed by, or responsible for the operation of Microsoft Teams.

7.2 User Responsibilities

You are responsible for:

• Ensuring that you have appropriate access to Microsoft Teams, including necessary hardware, software, and internet connectivity.
• Adhering to the terms of service and privacy policies of Microsoft Teams.

Skooly shall not be liable for any technical issues, data breaches, or losses that occur while using Microsoft Teams.

7.3 Limitation of Liability

Skooly disclaims all liability for any acts or omissions of Microsoft Teams, including any disruptions to service or issues related to data privacy and security.

8. Reviews and Ratings

8.1 User-Generated Reviews

The Platform allows Students to provide reviews and ratings of Tutors following the completion of tutoring sessions. These reviews may include a numerical rating and written comments reflecting the Student's experience.

8.2 Review Guidelines

By submitting a review, you agree that:

• Your review will be accurate, honest, and not misleading.
• You will not post any content that is defamatory, abusive, obscene, offensive, or otherwise inappropriate.
• You will not post reviews that contain personal information or violate the privacy of others.

Skooly reserves the right to review, edit, or remove any reviews that violate these Terms or applicable laws, at its sole discretion.

8.3 Right to Remove Content

Skooly is not obligated to monitor reviews but may remove or modify any review that:

• Breaches these Terms or any applicable laws;
• Is reported by other Users as inappropriate;
• Is deemed to undermine the integrity of the Platform.

9. Prohibited Conduct

You agree not to engage in any of the following prohibited activities while using the Platform:

• Violation of Laws: Engaging in any illegal activities or violating any applicable laws or regulations.
• Harmful Behavior: Posting or transmitting any material that is harmful, harassing, defamatory, vulgar, or otherwise objectionable.
• Data Harvesting: Collecting or harvesting any personal data from the Platform, including through automated means.
• Impersonation: Misrepresenting your identity or affiliating yourself with any person or organization without proper authorization.
• System Abuse: Attempting to interfere with, disrupt, or damage the Platform's integrity, including hacking, introducing viruses, or engaging in any activities that affect the functionality of the Platform.
• Inappropriate Use: Using the Platform for any commercial purposes or for activities not intended by Skooly, including soliciting business or promoting external services.

Skooly reserves the right to investigate and take appropriate legal action against anyone who, in Skooly's sole discretion, violates this provision, including, without limitation, suspending or terminating the User's Account.

10. Intellectual Property Rights

10.1 Ownership of Content

All content and materials available on the Platform, including, but not limited to, text, graphics, logos, icons, images, audio clips, data compilations, and software, are the intellectual property of Skooly or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws.

10.2 User-Generated Content

By submitting content to the Platform, including reviews, comments, or other materials ("User Content"), you grant Skooly a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, publish, distribute, and display such content in connection with the Platform and Skooly's business operations.

10.3 Restrictions

You may not:

• Copy, reproduce, distribute, or create derivative works from the Platform's content without express written permission from Skooly.
• Use any of Skooly's trademarks, logos, or proprietary graphics without our prior written consent.
• Remove or alter any copyright, trademark, or other proprietary notices on the Platform.

11. Data Collection and Privacy

11.1 Compliance with Privacy Laws

Skooly is committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

11.2 Data Collection Practices

Skooly may collect and process personal information as outlined in our Privacy Policy, including:

• Names and contact information (e.g., email addresses);
• Tutor availability and lesson scheduling information;
• Reviews and ratings;
• Language and grade information of Students.

11.3 User Rights

As a User, you have rights under GDPR, including:

• The right to access your personal data;
• The right to rectify inaccurate data;
• The right to erasure ("right to be forgotten");
• The right to restrict processing of your data;
• The right to data portability;
• The right to object to data processing.

To exercise these rights, please contact us at [email protected].

12. Cookie Policy

12.1 Use of Cookies

The Platform uses only essential cookies necessary for the proper functioning of the Website. These cookies help ensure security, facilitate navigation, and maintain session integrity.

For detailed information, please refer to our full Cookie Policy available on the Website.

13. Third-Party Links and Services

13.1 External Links

The Platform may contain links to third-party websites or resources ("Third-Party Sites"). These links are provided solely for your convenience. Skooly does not endorse, monitor, or have control over the content, policies, or practices of any Third-Party Sites.

13.2 Limitation of Liability

You acknowledge and agree that Skooly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any Third-Party Sites.

13.3 Use of Microsoft Teams

While lessons arranged through Skooly are conducted via Microsoft Teams, Skooly is not responsible for the operation or management of this third-party platform. You are responsible for complying with all terms and conditions of Microsoft Teams.

14. Disclaimers and Limitation of Liability

14.1 General Disclaimer

The Platform and all services provided through it are offered on an "as-is" and "as-available" basis without any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

14.2 Limitation of Liability

To the fullest extent permitted by applicable law, Skooly shall not be liable for any:

• Direct, indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, data, goodwill, or other intangible losses;
• Damages arising from your use of, or inability to use, the Platform;
• Any content or conduct of any third party on the Platform.

In jurisdictions that do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, Skooly's liability shall be limited to the maximum extent permitted by law.

14.3 No Warranty of Availability

Skooly does not guarantee that the Platform will be available at all times or that it will be free from errors, interruptions, or security breaches.

14.4 Tutor Disclaimer

Tutors using the Platform provide their services as independent contractors and not as employees or agents of Skooly. Skooly does not endorse, monitor, or verify the qualifications or expertise of Tutors. All tutoring sessions are conducted independently, and Skooly disclaims any liability for the quality, content, or outcomes of the tutoring services provided.

15. Indemnification

You agree to indemnify, defend, and hold harmless Skooly, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Platform;
• Your violation of these Terms or any applicable laws or regulations;
• Your infringement of any third-party rights, including intellectual property, privacy, or proprietary rights;
• Any claim that your User Content caused damage to a third party.

Skooly reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Skooly's defense of such claims.

16. Modification of Services and Terms

16.1 Changes to the Platform

Skooly reserves the right, in its sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Platform or any part thereof, with or without notice. Skooly shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform.

16.2 Amendments to Terms

Skooly may revise these Terms at any time by posting the updated version on the Platform. All changes shall be effective immediately upon posting unless otherwise specified. You are encouraged to review these Terms periodically to stay informed of updates.

16.3 Acceptance of Changes

Your continued use of the Platform following the posting of changes constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must discontinue your use of the Platform immediately.

17. Termination and Suspension

17.1 Termination by Skooly

Skooly may terminate or suspend your Account and access to the Platform immediately, without prior notice, if you breach any of these Terms or if Skooly believes, in its sole discretion, that your conduct may harm Skooly, its Users, or third parties.

17.2 User-Initiated Termination

You may terminate your Account at any time by contacting Skooly at [email protected]. Upon termination, your right to use the Platform will immediately cease.

17.3 Effects of Termination

Upon termination of your Account:

• You will no longer have access to your Account or any Content associated with it.
• Skooly reserves the right to delete any data or information associated with your Account, subject to applicable laws.
• The provisions of these Terms that by their nature should survive termination shall remain in full force and effect.

18. Governing Law and Jurisdiction

18.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the use of the Platform shall be governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law principles.

18.2 Jurisdiction

You agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Brussels, Belgium, and you hereby consent to the personal jurisdiction and venue of such courts.

18.3 International Use

The Platform is controlled and operated from Belgium. Skooly makes no representation that the Platform is appropriate or available for use in other locations. Users who access the Platform from other jurisdictions do so at their own risk and are responsible for compliance with local laws.

19. Dispute Resolution

19.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Skooly at [email protected] to attempt to resolve the dispute informally. Skooly will undertake reasonable efforts to address your concerns within 30 days of receiving notice of the dispute.

19.2 Mediation and Arbitration

If informal resolution is unsuccessful, disputes may be referred to mediation under the Belgian Mediation Act, or, if both parties agree, to binding arbitration conducted in accordance with the rules of the Belgian Centre for Arbitration and Mediation (CEPANI).

19.3 Waiver of Class Actions

To the maximum extent permitted by applicable law, you agree to resolve disputes with Skooly on an individual basis and waive your right to participate in any class, collective, or representative action.

20. Force Majeure

Skooly shall not be liable for any failure to perform its obligations under these Terms if such failure is due to an event beyond Skooly's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, governmental actions, labor disputes, technical failures, or interruptions in internet or telecommunication services ("Force Majeure Event").

In the event of a Force Majeure Event, Skooly's obligations under these Terms shall be suspended for the duration of the event.

21. No Waiver

The failure of Skooly to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Skooly.

22. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall remain in full force and effect.

23. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any other legal notices published by Skooly, constitute the entire agreement between you and Skooly regarding the use of the Platform and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Skooly.

24. Contact Information

For any questions, concerns, or legal notices under these Terms, please contact Skooly at:

• Email: [email protected]

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25. Date of Last Revision

These Terms were last updated on 10th March 2025.