What is Rock Paper Scissor

Rock Paper Scissor (known also as RPS) provides highly personalized exclusive one-on-one tutoring and consulting for the tutee/consultee.
 
Pursuant to the creation of an account and/or session, a RPS tutor returns with a clear study program and its estimated concomitant fees.  The student/parent then decides to proceed with the program. If the student/parent consents, then s/he is obliged to settle all outstanding fees via a secure online payment before embarking on in-person/online sessions.

What are the Terms of Service

These Terms of Service set out the terms on which RPS offers the Website and the Services.
Please review these Terms of Service carefully and make sure that You understand them before using the Website and/or the Services. If You do not agree to these Terms of Service, You must cease use of the Website and the Services immediately.

Definitions

“Free Consultation” means a 30-minute Session with a Tutor during which the end-user and the Tutor can establish whether or how s/he may proceed with a tutoring program.

 
“Services” means all those services provided through the Website by RPS. These include the provision of the Website, the content contained therein and the medium through which Tutors can provide Tutor Services. The Services do not include Tutor Services.

 
“Sessions” means any period of time during which a Tutor is interacting with a Student via the facilities/topics or content offered through the Website.

 
“Student” or “Tutee” means any end-user of the Tutor Services.

 
“Tutor Services” means all those services provided through the Website by a Tutor. These include the provision of Sessions and all matters related thereto.

 
“Rock Paper Scissor”, “RPS”, “We” and “Us” means Rock Paper Scissor.

 
“Tutor” means a user of the Website who has signed up to and acknowledged the Tutor Terms of Service.

 
“Your” and “You” means the person accessing, downloading or using the Website and/or the Services for the purposes of seeking tuition from a Tutor or where such person is a minor, his/her parent, guardian or any person or entity in loco parentis in respect of such minor. Where You are a parent, guardian or in loco parentis in respect of a Student, obligations herein to do something or to refrain from doing something are obligations to procure that the Student under Your control does the relevant thing or refrains from doing the relevant thing.

 
“Website” means any website published by Rock Paper Scissor from time to time including without limitation the website at www.RockPaperScissor.org and its subdomains, any associated social networking profiles and any applications for mobile devices published by RPS from time to time.

Acceptance of Terms of Service

By using the Website, You accept and agree to be bound by these Terms of Service.

RPS may at any time modify these Terms of Service. We will notify You of any changes to these Terms of Service either by emailing You (at the email address entered by You into the registration form on the Website) and/or by posting a notice on the Website. By continuing to use the Website after changes to these Terms of Service are made and notified to You, You agree to be bound by such changes.

You can review the most current version of our Terms of Service at any time by clicking on the “Terms of Service” link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Terms of Service. You are advised to check the above link on a regular basis.

Commencing Session and Payments

In order to undertake Sessions, You are obliged to pay for the pre-agreed Sessions before commencing Your sessions.

You may pay only by direct bank transfer, credit/debit/prepaid card, or Paypal. RPS strongly encourages all payments to be made via direct bank transfer to minimize bank charges to one of the bank accounts listed below. 

Kindly note that all quotes in all invoices are in USD. If You elect to pay via Your credit card or Paypal there will be an electronic surcharge fee of 4%.

By purchasing one or more Sessions, You enter into a direct contract with the RPS for the provision of the Tutor Services.

Sessions are non-transferable and a Session can only be used only for the Tutor with whom the Session was booked. Only in extenuating circumstances, and under prior mutual agreement between the Student and RPS will Sessions be transferable to another Tutor; and if the aforesaid cannot be mutually agreed or undertaken, then any remaining Sessions will be refunded.

In the event that a Session is postponed or cancelled by You or otherwise by the Tutor, or if the Session cannot take place due to the occurrence of an event You must notify RPS within 48 hours of the scheduled time and date of such event. Failure to notify RPS may result in You being charged for such Session.

In the event that a Student/Tutee wishes to cancel or postpone a Session with a Tutor, s/he must notify via an email message the Tutor no less than 48 hours prior to the allotted appointment time. If less than 48 hours’ notice is given, the Student will be charged the full amount for the Session.

In the event that a scheduled Session cannot take place due to a failure in the Website or some other matter the responsibility of RPS, the Tutor and the Student may agree to postpone the Session and undertake the relevant Session at a mutually convenient time.

Refunds are not available for any Sessions purchased by a Student.

Electronic Communications

You consent to receiving electronic communications and notices from RPS and any Tutor with whom You book and purchase one or more Sessions. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.

No Warranty and Liability Limit

RPS provides the Website “as is” and without any warranty or condition, whether express, implied or statutory.  RPS specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).
 
RPS assumes no liability or responsibility for any errors or omissions in the Website; any losses or damages arising from the use of the Website and/or the Services; or any harm to Your reputation or losses resulting from any disclosure of information about You by us as permitted in these Terms of Service. We reserve the right to deliver the Website and the Services in our sole and absolute discretion.
 
In no event shall RPS, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the Services or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage.
 
RPS specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.
 
Use of a Tutor is no guarantee of a certain result. No Tutor offers any guarantee that a Student using his services will reach a particular standard or pass any examination. By using the Website and any Tutor, You irrevocably disclaim any claim You may have against such Tutor or RPS in respect of the quality of tutoring provided by the Tutor and/or the content, format, method or other approach to any tutoring session provided by such Tutor.

Indeminity

You agree to indemnify and hold RPS and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of Your breach of these Terms of Service and/or Your violation of any law or the rights of any third party.

Termination

RPS may change or discontinue the availability of the Website or any part thereof at any time without prior notice. RPS reserves the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that You violate any of the Terms of Service set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website.

General

You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), or the Website or the Services shall be governed by and construed in accordance with the laws of the United States of America. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of the United States of America.

If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.

Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.

These Terms of Service set forth the entire understanding and agreement between You and RPS with respect to the subject matter hereof.