Terms and Conditions

Last updated: May 24, 2023

Acknowledgment

These are the Terms and Conditions governing the use of this Website and the Agreement that operates between You and the Company, and set out the rights and obligations of all users regarding the use of the Website.

These Terms and Conditions apply to all Visitors, Users and others who access or use the Website.

Your access to, and use of, the Website is conditioned on Your

(i) Agreement to be bound by these Terms and Conditions, and

(ii) Attestation and representation that you are at least 13 years of age or older (16 years of age and older outside of the U.S.), and

(iii) Acceptance of, and compliance with, the Privacy Policy of the Company, which describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website; and tells You about Your privacy rights and how the law protects You. 

Please read these Terms and Conditions and Our Privacy Policy before using Our Website.

Definitions

The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Affiliate 

Entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company 

“The Company," "We," "Us" or "Our" in this Agreement refers to PolySay: the parent Company of Apartment of Education.

Country

United States of America; State of Arizona.

Device 

A computer, cell phone or digital tablet.

Feedback 

Innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Orders 

Your purchase of Services from Us.

Service 

Our Website, including items offered for sale on Our Website by the Company even when ultimately taking place on other websites; e.g. Private Tutoring on https://meet.google.com.

Terms and Conditions (also referred as "Terms" or “Agreement”) 

These Terms and Conditions, which form a portion of the entire Agreement between You and the Company regarding the use of the Service (the other portions including Our Cookies Policy, Our Refund and Cancellation Policy, Our Privacy Policy, and our Code of Conduct).

Third-party Social Media Service 

Any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website

Refers to https://www.apartmentofeducation.com.

You 

Refers to the legal Parent/Guardian/Organization of any Individual, Student, User or Visitor accessing or using the Website or Service, as applicable. “You” is also the Data Subject or User, as You are the Individual using the Website.

Placing Orders for Services

By placing an Order for Services through the Website, You warrant that You are legally capable of entering into a binding contract; and that you are at least 18 years of age, or older.

Your Information

If You wish to place an Order for Services available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, and Your billing address.

You represent and warrant that: 

(i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and 

(ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Services on the Website. The Services available on Our Website may be mispriced, misdated, misscheduled, described inaccurately, or otherwise unavailable, and We may experience delays in updating information regarding our Services on the Website and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, scheduled dates and/or times, product images, specifications, and availability of Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Payments

Elavon

Elavon is the 4th largest US credit card processor, and We have fully integrated their Converge platform as Our method of transaction. We accept debit and credit card payment exclusively via Elavon. We do not accept any payments via PayPal, Venmo, Xoom, Stripe, Cash App, Zelle, etc.

Payments for One-Time and Recurring Tutoring

All Services purchased are subject to a one-time payment. All payments are made online, via a link We send You via email when a Service is scheduled. No payments may be made over the phone or traditional "snail" mail. Payment can be made with Visa, MasterCard, American Express, Discover, or UnionPay. Whether credit or debit, your payment is subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Payments for Fast Tutoring

On the application, You are prompted to estimate the time duration reasonably expected for this Tutoring, in minutes. Your answer is what We bill You prior to the beginning of Services to be rendered. 

If time runs out, Tutoring stops. We will ask You to add minutes to Your Order, and if You add minutes, We will send You a new bill. If, at the conclusion of the Tutoring Service, time is left over from Your purchase, We fully Refund the difference back to You, rounded to the nearest minute.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Recordings and Restricted Use

We do not distribute recordings or Our Tutoring Services rendered to the legal parent/guardian/organization, or to any party, except when required by governing law, statute, or court order. Various domestic and international legislation, such as COPPA, CCPA and GDPR, prohibit companies from retaining and/or distributing digital assets featuring minors. 

It is strictly prohibited for You to photograph, screenshot, or otherwise record or capture any portion of Our Tutoring Services rendered without Our express written consent, with the distinct exception that We actively encourage Students to download and keep the Google Meet Jamboards (whiteboards) containing work done during the Tutoring Service. 

The Google Meet link We send You prior to Services scheduled to be rendered is private and may not be shared with outside persons or parties.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If, for any reason, such assignment is ineffective, You agree

to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company 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 such content, goods or services available on or through any such websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of these Terms)

.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and any respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, performance, usage or trade practice. Without limitation, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, be error free, or that any errors or defects can or will be corrected.

Neither the Company, nor any of the Company's providers, make any representation or warranty of any kind, or assume any liability of any kind, express or implied: 

(i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon, or

(ii) that the Website will be uninterrupted or error-free, or

(iii) as to the accuracy or reliability of any information or content provided through the Website, Our Tutors, or any other legal entity involved in the delivery of Our Services, or

(iv) as to the amount of time it may take any and all of Our Tutors, up to and including infinity, to interact with, or solve, or fail to solve, any inquiry or problem, with or without prompt, and in addition to (iii) above, or

(v) that the Website, its servers, the content, or emails sent from, or on behalf of, the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components, or

(vi) pertaining to the nature of any auditory or visual Acts of God, hereby defined as being outside the reasonably controllable auditory or visual environment of the physical location our tutor may be delivering Our Services from; which may exist inside or outside the offices, halls, houses, rooms, apartments, or any other like physical environment from which our tutors stream live; which may include sounds by inanimate objects such as vehicles, airplanes, helicopters, doors shutting, thunder storms, wind storms, cell phones and televisions; and may also include sounds by living organisms such as birds, dogs, and people who may audibly or visually penetrate through the physical environment from which Our Services are rendered with any type of loud, sudden, and/or grossly offensive or negligent language wholly unsanctioned and uncontrollable by Us.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some of the above exclusions and limitations may not apply to You. In such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Credential Disclaimer

Our Tutors are not officially certified or licensed to be Academic Advisors, Behavior Specialists, Consultants, Counselors, Psychiatrists, Psychologists, Teachers, Therapists, or the like. Recommendations, suggestions, and/or any statements made by Our Tutors are solely and exclusively at Your discretion, and never to be construed as legal advice. 

In the event Our Tutor is ever incorrect in the assessment of anything, academic or otherwise, 

Custody Disclaimer

We do not assume custody of, or liability for, any legal minor and/or Student before, during, or after any Private Tutoring services rendered. You, the legal parent/guardian, always and without exception remain in full custody of the Student during all interactions with Our Tutors. 

Governing Law

The laws of the Country shall govern this Terms and Your use of the Website, which may also be subject to other local, state, national, or international laws.

For European Union (EU) Users

You are party to any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that:

(i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and 

(ii) You are not listed on any United States government list of prohibited or restricted parties.

(iii) You are not located in a country that outlaws private tutoring. 

Disputes Resolution

If You have any concern or dispute about Our Service, You agree to first try to resolve the dispute informally by contacting the Company at info@apartmentofeducation.com.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waivers

Except as provided herein, the failure to exercise a right, or to require performance of an obligation, under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.

Termination

We may terminate or suspend Your access to Our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if You breach these Terms and Conditions. Upon termination, Your right to use Our Services will cease immediately.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to taking effect. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. What constitutes a material change will be determined at Our sole discretion.

Contact Us

If you have any questions about these Terms and Conditions, please contact Us here: info@apartmentofeducation.com.