Terms and Conditions



Valid from: 01.07.2022
These General Terms apply to all relationships established between Academium and the User regarding the use of the Academium Platform and between the Student and the Tutor in relation to ordering and giving Private Lessons through the Platform. By signing up in the Academium Platform, the User agrees to the application and content of these General Terms and to the processing of his/her personal data disclosed upon registration in the manner provided in the Privacy Policy.
1.DEFINITIONS Capitalised terms in these General Terms shall have the following meaning:
Agency Fee Is the part of the Private Lesson Price that is paid to Academium as a fee for mediating Tutoring Contracts and operating the Platform;
Private Lesson Is an individual lesson given by the Tutor to the Student through the Platform for teaching a specific subject;
Private Lesson Price Is the fee that the Student shall pay for the Private Lesson and which comprises the Service Fee and Agency Fee;
User Is any person who uses the Platform (including the Student and Tutor);
Platform Is the platform managed by Academium in the online environment at Academium which enables the participating Tutors to offer Private Lessons to Students and Students book suitable Private Lessons;
User Is any person who uses the Platform (including the Student and Tutor);
Service Fee Is the part of the Private Lesson Price paid by the Student that Academium forwards to the Tutor for the Private Lesson done on the basis of the Tutoring Contract;
Order Is the order submitted by the Student through the Platform to book a Private Lesson;
Tutor Is the User who has registered a tutor user account on the Platform and who offers Private Lessons to Students on the Platform;
Student Is the User who wants to order Private Lessons to himself/herself or his/her ward who is a minor;
Tutoring Contract Is the authorisation agreement created between the Student and Tutor upon the confirmation of the Order submitted through the Platform for the execution of a Private Lesson by the Teacher which shall be deemed as concluded on the terms provided in these General Terms;
General Terms Are these terms of use that apply to the relationships established between Academium and the Users regarding the use of the Platform and between the Student and the Tutor in relation to ordering and giving Private Lessons.
2.LEGAL FRAMEWORK On the Platform the Students can choose and order Private Lessons from Tutors. In order to conduct one Private Lesson, a Tutoring Contract is concluded between the Student and the Tutor as of the confirmation of the Order, on the basis of which the Tutor shall teach the Student the subject requested in the Order or agreed otherwise between the Tutor and the Student and the Student shall pay the Tutor for this. By operating the Platform, Academium acts only as a provider of the information society service and is not a party to the Tutoring Contract. Academium does not provide Private Lessons to Students and shall not be liable for conducting the Private Lessons. Academium is also not the employer of the Tutors and shall not guarantee the quantity of Tutoring Contracts concluded on the Platform. By operating the Platform, Academium acts as an agent for the Tutors regarding the mediation of Tutoring Contracts between the Tutors and Students. Each Tutor has authorised Academium as an agent to receive Service Fee payments from the Students on behalf of the Tutor and forward these to the Tutors, taking into account the agreed deductions.
3.PLATFORM In order to offer Private Lessons on the Platform, the Tutor must register on the Platform as a private tutor and fill out the application sent to the Tutor. In addition, Academium has the right to verify the knowledge and background of a registered Tutor (including the criminal records database extract) and conduct an interview to assess the Tutor’s suitability or use another method deemed suitable by Academium to assess the Tutor’s suitability. The Student and Tutor shall disclose only correct and complete information about themselves on the Platform. Academium shall not be obliged to further verify the accuracy of the information disclosed by the Students and Tutors and shall not be liable for the disclosure of inaccurate or incomplete information on the Platform. The Tutor shall keep confidential their user account’s access information. In case of unauthorised access to a user account, Academium shall be notified immediately.
4.BOOKING AND CONDUCTING PRIVATE LESSONS A Student can choose and book Private Lessons on the Platform by submitting an Order to the Tutor. The Tutor can confirm or refuse an Order submitted to them on the Platform. The Tutor is not obliged to justify the refusal of an Order to the Student. However, Academium has the right to remove a Tutor from the Platform if considering the Platform’s goal of efficient functioning, the Tutor refuses Orders without reason too frequently. Upon the confirmation of the Order by the Teacher, the Tutoring Contract between the Tutor and Student for conducting a Private Lesson is deemed to be concluded. In case the Tutor and a Student who has booked at least one Private Lesson on the Platform agree on conducting the next Private Lesson outside the Platform, the Tutoring Contract is deemed as concluded as of the parties reaching an agreement and the Tutor shall enter the agreed Private Lesson on the Platform. After confirming the Order, the Student is sent a bank link for paying for the Private Lesson to the contact details provided upon submitting the Order which the Student shall pay for in accordance with section 5.3 of the General Terms. After concluding the Tutoring Contract, the time and place of the Private Lesson noted in the Order can be amended only by agreement of the Student and Tutor. The Student can cancel the Private Lesson without providing a reason up to 24h before the agreed beginning time of the Private Lesson. In case the Student cancels the Private Lesson less than 24h before the agreed beginning time of the Private Lesson, the Student shall pay a contractual penalty which is the amount of the respective Private Lesson Price. In case the Student fails to attend the Private Lesson at the agreed time, the Student shall nevertheless pay the Private Lesson Price or in case the Private Lesson Price has already been paid, it shall not be returned. In case the Tutor fails to attend the Private lesson at the agreed time, the Student shall not be obliged to pay the Private Lesson Price or in case the Student has already paid the Private Lesson Price, Academium shall return it to the payment card used by the Student for the payment not later than within 14 calendar days. The content of the Private Lessons shall be determined by agreement between the Student and Tutor. Unless it has been agreed otherwise, the Tutor shall prepare the materials and provide the tools required in the Private Lesson. The Tutor shall enter to the Platform all the Private Lessons that have been agreed with a Student who has booked at least one Private Lesson on the Platform (including in case the communication between the Student and Tutor regarding the next Private Lessons is done via means of communication other than the Platform). In case of conducting additional Private Lessons (or meetings with a similar content and goal) that are not registered on the Platform, the Tutor shall pay Academium a contractual penalty which is equal to twice the amount of the Agency Fee. In case Academium has reason to suspect that the Tutor has violated an obligation provided in this section, Academium has the right to remove this Tutor from the Platform in accordance with section 6.3 of the General Terms.
5.FEES AND INVOICING The Tutor determines the amount of the Service Fee to be paid by the Student for the Private Lesson of this Tutor. The Tutor has the right to amend the Service Fee at any time, notifying Academium about this, or in case this possibility is provided on the Platform, publish the amended Service Fee on the Platform. Amended Service Fees shall come into force following their publication on the Platform. As a fee for operating the Platform and providing the service for mediating Tutoring Contracts, Academium adds its Agency Fee to the Service Fee determined by the Tutor, which together comprise the Private Lesson Price to be paid by the Student. The Agency Fee is calculated for each Tutoring Contract concluded on the Platform and its amount is 20% of the amount of the respective Private Lesson. The Student shall pay the Private Lesson Price through the payment link sent to the Student within 24h after the payment link was sent to the Student in accordance with section 4.4 of the General Terms. Payments are processed through a third-party payment institution. Academium, acting as the Tutor’s agent, shall prepare and issue to the Student on behalf of the Tutor an invoice or informative receipt for paying the Private Lesson Price and shall accept the Student’s payment on behalf of the Tutor. Academium is authorised to accept the Private Lesson Price payment on behalf of the Tutor and forward to the Tutor the amount corresponding to the Service Fee. The Student’s payment obligation arising from the Tutoring Contract shall be deemed as performed to the Tutor if the Teacher has made the Private Lesson Price payment to Academium using the payment link. Academium shall forward all the Service Fee payments collected from the Students to the respective Tutor for the particular invoicing period which is one week, unless agreed otherwise. The Tutor shall assume the obligation and liability for the payment of the taxes applicable in the respective place of activity, incl. income, sales or other taxes.
6.WITHDRAWAL FROM THE TUTORING CONTRACT, TERMINATION OF USING THE PLATFORM By agreeing to these General Terms the Student confirms that they are aware and acknowledge that they do not have the consumer’s right to withdraw from a distance contract (the Tutoring Contract) within 14 days without giving any reason under § 56 (1) of the Law of Obligations Act, except for the right to cancel a Private Lesson arising from section 4.5 of the General Terms. The Student and Tutor can stop participating in the Platform at any time, notifying Academium (who removes the respective Tutor’s user account or Student’s data from the Platform) of this. Regardless of the above, the deletion of the Student’s data or Tutor’s user account comes into effect after all the Tutoring Contracts already concluded have been performed by the respective Student or Tutor. Academium has the right to remove from the Platform any User and/or refuse to accept Orders or cancel the Orders immediately and without any obligation to compensate for loss of profit if the User abuses the Platform (including uses it for a purpose in conflict with the General Terms or for unlawful activity) or causes damage to the Platform or Academium, if Academium has good reason to believe that the User has committed fraud upon using the Platform or if the User fails in some other way to perform the obligations arising from the General Terms.
7.LICENSING, INTELLECTUAL PROPERTY RIGHTS AND DATA PROCESSING By registering on the Platform, Academium grants each Student and Tutor a revocable, non-exclusive, non-transferable, non-sublicensable royalty-free license to use the Platform for the purpose of ordering and paying for Private Lessons. All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of Academium during the provision of the information society services specified in these General Terms (including the Platform and any material uploaded therein) belong to Academium. The User shall not copy, modify, adapt, reverse-engineer, decompile or otherwise discover the source code of the Platform or any other software used by Academium or extract or use any data on the Platform for commercial purposes or any other purpose than those provided in the General Terms. The principles for processing the Users’ personal data are set out in the Privacy Policy available on the Platform.
8.LIABILITY The Student and Tutor assume sole liability for the correct and timely performance of the Tutoring Contract and the obligations arising therefrom and Academium shall not assume any liability for this (including for the conduct of Private Lessons, their content or quality). The Platform is provided to the User on an “as is” and “as available” principle. Academium shall not be liable for any interruptions, connection errors, unavailability of, or faults in the Platform. Academium shall not grant any confirmations, warranties or promises regarding the features, functions and quality of the Platform, including the occurrence of recognizable or hidden defects and suitability for a common or specific purpose. Academium shall be liable for damage to the Tutor and/or Student caused by any circumstances only in case of a wrongful violation of Academium’s obligation arising from the General Terms or the law and only to the extent of direct proprietary damage. If a Student suspects that his/her credit card associated with the Platform has been stolen and/or is being fraudulently used by a third party, the Student shall inform Academium thereof immediately. Until receiving such notification, Academium shall not be liable for any fraudulent use of the Student’s credit card by third parties on the Student’s account. No limitations of liability set forth in these General Terms apply in case the damage is caused intentionally or through gross negligence.
9.FINAL PROVISIONS Academium reserves the right to make changes to the General Terms at any time, by uploading the revised General Terms onto the Platform and notifying all Students and Tutors thereof by using the e-mail addresses disclosed respectively upon registration. Where versions of these General Terms exist in any other language, the English language version shall prevail. Academium may change or remove different parts of the Platform, change the functions and attributes of the Platform at any time without prior notification. Academium shall use its best endeavors but shall not guarantee the uninterrupted availability and functioning of the Platform (including during scheduled and unscheduled maintenance work). The use of the Platform and all legal relations formed thereunder will be governed by the substantive law of Kenya. A consumer Client can also exercise the imperative rights arising from the applicable law. If a dispute resulting from the General Terms cannot be settled by negotiations, the dispute will be finally solved in Court of Law. In case of a consumer Client, the jurisdiction shall be determined in accordance with the provisions that apply imperatively to the consumer.