The Site is located within the Republic of South Africa.
Imbeko provides this Site to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between Imbeko and you, and you accept them by: (a) contracting for tutoring lessons through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Imbeko may amend these terms and conditions from time to time. By accessing the Site you are bound to the terms and conditions published on the Site at the time of any visit to and/or usage of the site.
The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent contractors hired by Students, Tutors control the methods, materials and all aspects of the lessons.
Students are responsible for selecting the right Tutor for their needs. In making hiring decisions, Students should review and investigate each Tutor's self-reported credentials, education, and experience, as well as reviews from other Students. All tutoring sessions should be supervised by a responsible adult.
In consideration of your use of the Site, you agree: (a) that you are of legal age and have legal capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the Site (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Imbeko, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.
You are entirely responsible for all content that you upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Imbeko or other users of the Site; (b) includes unauthorised disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Imbeko reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Site: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms; (c) you have not: (i) been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud or any offense that involves endangering the safety of others; (ii) been convicted of a crime of any nature, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) been and/or are currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) and are not currently out on bail or pending trial, relating to any charge of any kind, including without limitation sexual, child abuse or domestic violence offenses.
You hereby authorise Imbeko to verify the above representations and warranties by you and you acknowledge and agree that Imbeko shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Imbeko may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
Notwithstanding the previous paragraph, you understand and agree that Imbeko does not conduct background checks of any User. You also understand and agree that Imbeko neither confirms nor denies the validity of information provided by Users and that Imbeko does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that it is your sole responsibility to conduct any and all background and reference checks regarding other Users.
Imbeko expressly disclaims, and you expressly release Imbeko from, any and all liability whatsoever for any, claims, losses and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
You understand and agree to abide by Imbeko’s Tutor and Student payment and terms policies. You agree that you are willing to pay all costs associated with the services through Imbeko. These costs include but are not limited to: (a) a tutor’s hourly rate as listed; (b) travel and transportation fees; (c) cancellation fees as described in a tutor’s cancellation policy, which can be found on a tutor’s profile on the Site; and (d) the commission arrangement between the Tutor and Imbeko.
This website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Western Cape High Court in the event of any dispute.
While every effort is made to ensure that the information provided on the Site is current and accurate, you should not assume that this is always the case, and should consult other sources before making any decision to act on this information.
Imbeko shall not be responsible for the contract or privacy policies of any websites to which this website may link and shall not be liable in any manner whatsoever for any loss or damage that you may suffer as a result of the use of any linked access from the Site.
Imbeko may in its sole discretion and at any time discontinue providing the Site or the services or any part thereof, with or without notice if Imbeko believes that your conduct is in breach with or inconsistent with these terms and conditions.
Imbeko retains copyright in the Site and all current and future content displayed on the Site which is not owned by third parties.
In terms of a limited licence, granted for general use, Imbeko grants the User, subject to these Term, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the Site for your personal, non-commercial and informational purposes only.
This Site and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of Imbeko.
Imbeko not be held responsible for any mistakes, omissions, interruptions or delays with regard to the content or any damage that results from your use of the Site.
By registering on the Imbeko website (the “Site”) as a tutor with Imbeko, you (“Tutor”) agree to be bound by the terms and conditions of the Site (the “Terms”), and those Terms as well as these Tutor terms shall govern your obligations and the payments made to you by Students through the Site.
Upon acceptance of the Tutor by Imbeko, Imbeko agrees to list the Tutor, on the Site, as a provider of tutored lessons to students (“Students”).
The Tutor expressly acknowledges that he/she is an independent contractor, and is not an employee of Imbeko. Nothing in these terms shall be deemed to constitute or imply any partnership, joint venture, employment or fiduciary relationship between the Tutor and Imbeko.
The listing of a Tutor on the Site does not guarantee that the Tutor will receive any tutoring lessons, and the Tutor agrees that he/she may not make any claim or demand upon Imbeko for the provision of tutoring projects. In particular, the Tutor acknowledges that, among other factors, Student discretion dictates which Tutor is finally chosen to render their services to a Student.
Imbeko is a marketplace for those seeking tutoring services in an African language to connect with those seeking to provide tutoring services. Imbeko also provides a service to its users whereby payments will be distributed to tutors that originate from their students. Imbeko offers tutors a layer of protection in the collection of their funds but, if any of the following conditions are not met and Imbeko is unable to collect your payment from the Student to whom you gave a lesson, Imbeko cannot guarantee that your payment will be successfully collected, processed and distributed to you:
In return for the Tutor's acceptable performance in providing tutored lessons, in accordance with this agreement and the Terms, Imbeko shall release a Student’s payment to the Tutor at 75% of the lesson rate advertised and agreed to at the outset of each tutoring project.
Rates for tutored lessons to be provided by the Tutor may vary between tutoring projects and are all-inclusive; any costs required to be incurred in providing the tutored lesson (including transport) are to be borne by the Tutor.
The remaining 25% of the money due for each lesson will be paid in bulk to the tutor at the completion of the 15-week course.
You may be partnered with a second tutor for the first 1-3 weeks until Imbeko are comfortable that you are ready to take classes on your own. In this case, you will receive 50% of the income for these weeks, and so will your fellow tutor. This is a form of on-the-job training.
Imbeko’s service fee structure is as follows:
|Number of students in a group||Service Fee|
Imbeko shall have complete discretion regarding whether a Tutor is accepted and listed on the Site. The minimum criteria that a Tutor needs to comply with are as follows:
The Tutor allows Imbeko to perform the necessary due diligence on the Tutor which may include the verification of all documentation relating to the Tutor, including the police safety certificate.
Imbeko shall make payment of fees for tutored lessons to the Tutor within 7 days of lesson completion, subject to the Tutor's request for payment via the Site.
The Tutor acknowledges that as an independent contractor they are solely responsible for reporting and paying any tax due under any applicable legislation in respect of income derived through providing tutored lessons.
The Tutor agrees that, during and for twelve (12) months after he/she is listed on the Site, the Tutor will not provide paid or unpaid tutoring services for any Student that has been referred to it by Imbeko. In this way, the Tutor agrees to not circumvent Imbeko.
You expressly agree that the use of the Site is entirely at your own risk. The Site and all its contents are provided on an "as is" basis, and Imbeko makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the Site. Imbeko does not warrant that the Site's functions will be uninterrupted or error-free, or that the Site or its server is free from viruses or other harmful components.
The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. You understand and agree that Imbeko has no control over the acts or omissions of any User and that Imbeko makes no representations or warranties about the quality of the services provided by any User. You understand and agree that Imbeko is not responsible for the performance or conduct, whether online or offline, of any User of the Site. Imbeko expressly disclaims any and all liability whatsoever for any losses, claims, and/or damages arising from and/or in any way related to the Site.
Users of the Site transact between themselves. Imbeko will not be involved in any User interactions. Imbeko is not responsible for disputes, claims, loss, injury, or damage of any kind that might arise during and after User interaction.
You understand and agree that Imbeko has no control over the acts or omissions of any User on or off the Site and that Imbeko makes no representations or warranties about the quality of the services provided by any User. You understand and agree that Imbeko is not responsible for the performance or conduct, whether on or off the Site, of any User. Imbeko expressly disclaims, and each User expressly releases Imbeko from, any and all liability whatsoever for any losses, claims, actions and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the site.
Imbeko shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the user, which arises directly or indirectly from reliance of the website and/or its content. In no event shall Imbeko's total liability to you for all damages, losses and causes of action, whether in contract, delict (including but not limited to, negligence) or otherwise, exceed the amount paid by you to Imbeko.
Imbeko, its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the content or the website or any functionality of the website or of any linked website, even where Imbeko is expressly advised thereof.
You agree to access and use the Site entirely at your own risk. You agree that Imbeko can rely on instructions that appear to originate from you even if they come from someone else impersonating you and unless you notify Imbeko of any irregularities, to act on any instruction purporting to originate from you. You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in Imbeko’s safety policy, when interacting with other Users.
Access to the services, content, software and content downloads available from the Site are classified as “electronic transactions” in terms of the Electronic Communications & Transactions Act 25 of 2002 (“ECT Act”) and therefore Users have the rights detailed in Chapter 7 of the ECT Act and the following information is required to be disclosed:-
Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
Whilst a student’s selection of a tutor is under the control of the student, Imbeko has taken various steps to ensure that a tutor is trustworthy and a student is safe.
All tutors are required to go through a training process before being listed on our site as tutors
Tutors listed on the site must provide the following:
If a student decides to submit their name onto the site through the request a tutor application, the tutor will only see the student’s name, suburb and tutoring request. The student’s contact details are only conveyed to the tutor once the tutor has accepted the student’s request.
Imbeko will contact the student and tutor to ensure the lesson was relevant and met the standards expected.
Imbeko will request the student to provide a review of the tutor to assist future students wanting to use the tutor.
If a student is unhappy with a tutor, or vice versa, Imbeko will endeavour to replace the tutor, failing which future lessons will be cancelled and, where appropriate, a refund provided.
Whilst a tutor’s acceptance or rejection of a tutoring job is under the control of the tutor, Imbeko has taken various steps to ensure that a student is trustworthy and a tutor is safe.
All students listed on the site must provide the following:
The acceptance of a student is under complete control of the tutor. Imbeko has various processes in place to ensure that the acceptance process builds trust in the Imbeko community. The processes include:
Imbeko will contact the student and tutor to ensure the lesson was relevant and met the standards expected.
Imbeko will request the tutor to provide a review of the student.
Look at the student review section of the tutor profile to see lesson ratings and student reviews from previous tutors. You are also free to request outside references from the tutor.
Always tell someone in your family or a friend where you are going and when you will return. Always provide your own transportation to and from your lesson. For individual sessions, meet in a public place with many people around such as a library or coffee shop.
Never include your last name, home address, phone number, place of work, or any other identifying information in initial e-mail messages or communications. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.