Terms of Use

This website (the “Site”) is owned by Pen & Podium Tutoring and operated by Squarespace. Please read these terms and conditions prior to accessing this Site. Pen & Podium Tutoring reserves the right to amend the Terms of Use from time to time at our sole discretion. Customers will be informed of any such amendments through the Website or by email. The effective date of any change will be clearly marked. By accessing the Site you agree, or if you are under the age of majority your parents and/or legal guardians agree on your behalf, to the following terms and conditions, and to the Privacy Policy. Teachers or other authorized school officials directing students to access the Site as part of student coursework will be deemed the legal guardian of such students for the purposes of agreeing to the following terms and conditions on behalf of the students. If you do not agree with these Terms of Use or the Privacy Policy do not use the Site or the Services.

Definitions

"Service" refers to Pen & Podium service where users who have submitted an online Registration Form may save information which may be accessed at any time by logging in with a confidential username and password. All information submitted on the Registration Form shall be treated in compliance with the Privacy Policy described on this Site.

"Account" refers to the account that will be set up for each User to enable him or her to access the Service. Each User will be prompted to select and remember a password and a username in order to activate the Account. Users are entirely responsible for all activities that occur through use of their Accounts. Accounts are not transferable, and passwords and usernames should be kept confidential.

Use of site and service

Authorized Use

Pen & Podium Tutoring authorizes users with Accounts to view and print Contents on this Site according to these Terms of Use provided that the Content is used solely for informational, personal, non-commercial purposes and provided also that any copies or excerpts of the Content are reproduced with the same copyright and/or proprietary notices as appear on the original. Modifying the Content in any way is expressly prohibited.

Unauthorized Use

Pen & Podium Tutoring may block, suspend, disable or terminate an Account and terminate and prevent further access rights to the Service if:

Students and/or Parents/Guardians harass, insult, swear at or are rude to the tutors or any Pen & Podium Tutoring staff with whom they have written or spoken contact. Any student using inappropriate language or graphics during a virtual tutoring session will be barred from using the Pen & Podium Tutoring Services again;

Usernames and/or content contain language deemed by Pen & Podium Tutoring to be profane, defamatory, obscene, lewd, indecent, sexually-explicit, lascivious, violent, threatening, harassing, abusive or hateful, or otherwise inappropriate and objectionable;

Registration forms contain incomplete and/or inaccurate information;

Passwords or user names are disclosed to non-registered students;

Use of the Site and/or Service violates local, provincial or national laws

Submissions, comments and feedback

All questions, comments, suggestions, ideas, concepts, techniques, data, materials or information ("Feedback") furnished by users is deemed non-confidential and shall not give rise to any obligation on the part of Pen & Podium Tutoring. Pen & Podium Tutoring may reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback and may use any ideas, concepts, know-how, data or techniques contained in such Feedback for any purpose whatsoever, which may include but is not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques, and this without incurring any obligation, including but not limited to an obligation to attribution, toward the user providing such Feedback. The use and distribution of any Feedback in a public manner shall not identify any individual User.

Linking

Pen & Podium Tutoring permits linking to this Site provided that third party sites do not:

Replicate content contained in this Site;

Create a frames or border environment or browser around content contained in this Site;

Contain false or misleading information regarding Pen & Podium Tutoring's products or services, or imply that Pen & Podium Tutoring endorses or sponsors the linker or the linker's products or services;

Use logos, trade-marks, official marks, or trade names and other intellectual property belonging to Pen & Podium Tutoring without prior written permission from Pen & Podium Tutoring;

Contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;

Contain materials that would violate any laws.

Ownership and site content

Pen & Podium Tutoring either owns or has rights to the content (the “Content”) contained on this Site.

This Site is subject to intellectual property laws. Any copying, reproducing, altering, modifying, public performing or displaying, uploading, posting or transmitting of Content, other than as permitted herein or permitted by law, is strictly prohibited. Any contravention will be subject to appropriate legal action.

Disclaimer and Limitation of Liability

This Site may contain material that is trade-marked by a third party. It may also include links to third party websites. In neither case shall Pen & Podium Tutoring be construed as endorsing the products or services of such other parties. Pen & Podium Tutoring disclaims any responsibility, representations or warranties for the products or services offered by or through the third party websites. Such third party websites will be governed by terms of use and policies separate from Pen & Podium’s Terms of Use.

Pen & Podium Tutoring does not warrant that the functions and/or materials contained on this Site shall be error-free or uninterrupted, or that defects will be corrected. As such, Pen & Podium Tutoring assumes no liability for any loss, damage, injury or problems sustained by you or your computer that may arise from your use of this Site and/or your reliance of the content on the Site.

Indemnity

You indemnify, fully discharge and forever hold Pen & Podium Tutoring, its directors, officers, employees and agents harmless for (a) your breaches of the terms and conditions contained herein, (b) your violations of the law or illegal conduct as manifested by your of this Site, (c) your access or inability to access this Site or the entirety of its features, (d) any loss of data you may sustain as a result of your accessing this Site, and/or (e) your reliance on any Content contained herein. By using the Site you agree that Pen & Podium shall not be liable for any damages, including but not limited to, direct, indirect, incidental, special, exemplary or consequential arising out of your use of the Site.

Jurisdiction and governing law

This Site is operated and administered by Squarespace. Pen & Podium Tutoring makes no representations and disclaims any responsibility with regard to the availability or fitness of the Site and its contents. Users accessing the Site outside of Canada do so at their own risk and are responsible for compliance with their local laws as applicable.

These Terms of Use together with the Privacy Policy constitute the entire agreement between you and Pen & Podium Tutoring with respect to the Site and Services and shall supersede all prior agreements or communications respecting the Site and Services. This agreement shall be construed in accordance with and shall be subject to the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, and any dispute between you and Pen & Podium Tutoring shall be determined by the appropriate courts of Ontario.

Contact

If you have any questions about this agreement, contact us and we'll try our best to answer your questions.

This Terms of Use was last revised on November 6, 2023.