Terms and Conditions of Use

These Terms of Use shall be valid and effective for any and all users (hereinafter "Registered User", "Student" or "Teacher") who make use of mr.tuto platform (hereinafter "mr.tuto") at www.mrtuto.com and www.mr-tuto.com, and of all subdomains therein, as applicable from time to time upon execution of the contract. Any registered person and company shall be hereinafter referred to as "Student" or "Teacher" as appropriate, and collectively as "Registered Users". All users shall enter into the contract with the German law entrepreneurial private limited company called "lol" online learning UG, with registered office in Fingersteinstraße 3f, 07318 Saalfeld, Germany (hereinafter also "mr.tuto") .

Information on the right of withdrawal
For the use of mr.tuto as a consumer the following provisions shall apply:

Right of withdrawal
The consumer is entitled to withdraw from the agreement within fourteen days of the start date as detailed on the registration form, without having to provide any reason.
In order to exercise the aforementioned statutory right of withdrawal, the consumer is required to notify us of its decision to withdraw from the contract in a clear declaration (e.g. by sending a letter by mail, fax or email). The consumer may use the withdrawal form attached hereto for this purpose; however, it is not obligatory that it does so.
The withdrawal deadline shall be deemed to be met if the consumer has sent us the communication concerning the exercise of its right of withdrawal before the expiry of the deadline.

Consequences of the withdrawal
If the consumer withdraws from the contract, we shall reimburse it for any payments we have received, including delivery costs (excluding any additional costs incurred if it has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen days after the day on which we receive the notice of its withdrawal from the contract. We shall use the same payment method the consumer used for the original transaction in order to reimburse it, unless otherwise expressly agreed; under no circumstances shall the consumer be charged a fee for this refund.
If the consumer has required the services to begin being provided during the withdrawal period, it shall pay us a reasonable amount, compared to the total amount defined by contract, corresponding to the part of services already provided up to the time when it has informed us of its decision to withdraw from the contract.

Withdrawal form
(The following form may be used to exercise the right of withdrawal from the contract.)

To "lol" learning online UG, Fingersteinstraße 3f, 07318 Saalfeld (Germany):
- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following services (*)
- Ordered on (*)
- Consumer(s) name
- Consumer(s) address
- Signature of consumer(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate.
What is mr.tuto
mr.tuto is a live e-learning platform intended for remote individual training on topics and subjects freely selected.
General terms and conditions of use of the platform
1. Scope of services
  mr.tuto platform offers its Registered Users the technical possibility to receive or provide on-line courses on various topics in the form of one-to-one live distance classes. In order to use the platform users must first register. Following the registration users shall be identified as "Students" and may therefore join the courses.
  To use the service, a broadband Internet connection (at least 2000 kbit/s, recommended: 6000 kbit/s), a webcam and a microphone are required. Updated versions of Firefox and Google Chrome browsers allow free use as a plug in.
  If the user wants or thinks it may teach something to others, an account as a "Teacher" may be activated at the same time. In this way, it may offer any courses by fully and freely defining them in terms of category, content, duration and price. The Teacher is, therefore, offered a platform on which it may submit proposals against the payment of a small fee to us as platform preparation and implementation. Basically, the user is only made available the platform and, consequently, the contract for the course is entered into by and between the Student and the Teacher. The contract entered into through the platform shall be performed only between Registered Users, as better specified herein.
2. Provision of services
  The Teacher shall prepare a course to be included in one of the categories available on the platform and submit an offer that may be accepted by any registered Student. Upon accepting the offer the Student shall undertake to pay in advance the price specified by the Teacher, as better explained in the payment clause hereof, whereas, at the same time, the Teacher shall undertake to provide the online course based on the proposed date and time.
  Any and all contents published by Registered Users on mr.tuto platform are not usually checked by us, nor shall they represent our opinion. Moreover, mr.tuto shall not check, as a rule, the offers submitted on the platform by Registered Users or the contents thereof in terms of legality, completeness, timeliness, authenticity and correctness.
3. Registration and account
  Offers may be published and courses may be joined on mr.tuto platform only after registration and creation of a User Account (also called Registered User Account or just Account). After being identified as a Student, any preferred courses may be booked.
  Registered Users who wish to submit their offers on mr.tuto platform shall, first of all, need to apply for their activation as Teachers by providing some additional data, such as the indication of a valid current account on which the course price shall be paid and the commission due and payable to us shall be debited. By providing the aforementioned bank details the Teacher shall also authorize the charging, on the same current account, of an amount corresponding to the accrued commissions payable to us for each course. Registration is reserved to legal and natural persons having full legal capacity and being over 18 years of age. Registration shall occur upon activation of the Account, subject to the prior acceptance of these Terms of Use and of the information on personal data protection.
  The aforementioned registration shall authorize mr.tuto to collect and process any personal data with electronic means under the German Law on Personal Data Protection [BDSG, Bundesdatenschutzgesetz]. Upon registration the Registered User shall enter into a contract with mr.tuto for the use of mr.tuto platform. Users shall be identified and registered as private or professional users, as appropriate.
  A legal person may be registered only by a natural person duly indicated by name and provided with the necessary powers.
  It is expressly forbidden to register and/or act on mr.tuto platform under a false identity. Any and all data communicated upon registration or at any subsequent amendment must be, at any time, complete and correct. Any e-mail address provided by Registered Users upon registration must be valid and accessible also thereafter. Registration with temporary e-mail addresses is not allowed. The provision of false data shall entitle mr.tuto to block the relevant Registered User.
  If any data provided upon registration are amended thereafter, Registered Users shall update them immediately in a specific section.
  Upon registration users shall be required to choose a username and a password. Registered Users shall be then introduced and visible to others on the platform through such usernames. The username, freely chosen, should not contain e-mail addresses or Internet domains nor infringe any third-party rights (such as name or trademark rights), be mischievous or rude, or misleading with respect to other Registered Users. mr.tuto reserves the right to subsequently change the chosen username or to block the relevant Account.
  Registered Users are required to keep their password secret and, in particular, to strictly protect the access to their Account. Should any Registered User suspect unusual changes or misuse of its Account, it shall immediately notify it to mr.tuto. Passwords may be set and changed only by Registered Users; any forwarding thereof to mr.tuto is excluded. In particular, Registered Users are hereby informed that mr.tuto shall never require them to communicate or write their passwords by e-mail, phone or sms.
  Registered Users shall be basically responsible for all activities carried out through their Account, provided that there is no breach of duty of care and unless they may challenge the events occurred.
  Registered User Accounts may not be transferred or joined to the Account of one or more other Registered Users.
  mr.tuto reserves the right to disable or delete any Accounts that are not accessed or handled by their respective users for a reasonable period of time.
  Transactions on the platform may occur only among consumers, between companies and consumers, or just among companies.
  Any Registered User's terms of use or general conditions which are in conflict with these Terms of Use shall not be applicable.
  mr.tuto reserves the right to expand, modify or reduce its services and, where appropriate, establish separate terms of use.
  mr.tuto shall verify the information communicated by users upon registration or activation as a supplier to the extent possible. This check shall be performed in a limited way though, as the identification of persons in the Internet is only possible to a limited extent. Notwithstanding all security measures we adopted, it is therefore still possible that contact or accounting details of an Account are false or inaccurate. Each Registered User is consequently required to personally make sure of the identity of the other party to the contract.
4. Blocking and termination of Registered Users
  mr.tuto reserves the right to block, either temporarily or permanently, any Registered User in case of serious suspicion of infringement of or non-compliance with rules, third-party rights or these Terms of Use, or if mr.tuto has legitimate interests in doing so, such as to prevent fraudulent activities - as in the following cases, herein mentioned by way of example and without limitation:
  - provision of false or incomplete personal data upon first registration or revision of Account details thereafter
  - publication of one or more bogus offers
  - offer of illegal or illicit items
  - serious damages caused to other Registered Users or to mr.tuto, in particular misuse of mr.tuto services
  - unauthorized transfer of the Account
  - new registration following an exclusion from the platform
  - presentation of a professional supplier as if it were a private user
  - number and/or size of transactions performed by the consumer (as a private user) suggesting a professional activity
  - or if it were unacceptable for mr.tuto to continue the contractual relationship due to valid reasons and having regard to any and all circumstances.
  Any non-compliance with these Terms of Use shall cause the definitive exclusion from the platform (user's final block), with no right to claim for the reactivation of the blocked Account.
  Any blocked Registered Users shall have no more access to the platform again, even with a different user name.
  Registered Users may terminate this contract of use at any time, provided there are no further payables and all transactions have been completed. That being the case, the Account shall be blocked and all acts performed through mr.tuto shall be verified. After 90 days as from our termination confirmation the Account shall be permanently disabled, provided that there are no further transactions still to be completed.
  mr.tuto may terminate this contract of use at the end of any month, with a 14-day prior notice. All the above without prejudice to the right of mr.tuto to immediately block the Account due to serious reasons.
Offers
1. General provisions
  Teachers may offer courses on mr.tuto only if included in the categories available in our database. In general, it is forbidden to make improper use of any available data records for courses not included in our database. Registered Users may, however, suggest, at any time, functions to be integrated in the user area for the activation of new courses.
  When planning a course, Teachers are required to enter or choose more specific data as well as indicate, in a complete and truthful way, all aspects that may be useful for the booking.
  When a Registered User enters into a contractual relationship following an offer published on the platform, the relevant party to the contract shall be informed by mr.tuto accordingly.
  Teachers are required to act in compliance with any and all third-party rights on trademarks, texts, videos and images, in particular with regard to images and texts used to describe the course and to the use of manufacturers’ logos and names.
2. Types of offers
  Teachers may schedule a course by choosing from the different available categories. Whenever scheduling a course on the platform, Teachers shall also undertake to provide it.
3. Booking and duration
  Any and all courses offered through the platform are divided by category and date. Any Student who wishes to accept the offer of a Teacher may book the course by simply clicking on the "Book" button.
  Any offered course shall remain visible for an indeterminate period of time.
  Once payment is made, the Student shall be allowed to follow the course automatically (in case of payment via PayPal) or by the Teacher.
  Start and end time of any course shall be set at the official mr.tuto or server time.
4. Contents and bans
  It is forbidden to offer courses in breach of any laws or third-party rights, or contrary to public morality.
  It is strictly forbidden to publish offers with illegal, racist, extremist political, pornographic, defamatory, denigrating or intimidating contents against any persons, groups or religious beliefs.
  mr.tuto shall not be responsible, in any way, for texts, contributions and contents written by Registered Users. Each Registered User shall ensure that its statements and offers do not breach any rules, these Terms of Use of mr.tuto, any general rules of conduct or third-party rights. In case of failure to comply with the above, mr.tuto shall be entitled to block the Account, either temporarily or permanently, as appropriate.
  No links to personal or third-party websites may be included in the offers.
  It is forbidden to publish bogus offers; otherwise, the author shall be solely responsible for any claims for damages or lawsuits filed by the injured parties.
  Costs incurred as to cancel offers may be charged by mr.tuto in its invoices.
5. Early termination, suspension and cancellation
  Teachers may early terminate a course only provided that it has not been booked, yet; otherwise, early termination is not possible.
6. Scadenza del corso
  The course shall be activated and booked after the payment by the Student is received.
  The Teacher can open and access to the virtual classroom as from 30 minutes before the scheduled start of the course (indicated start time), and the Student may also have access thereafter. The platform shall provide a direct audiovisual link between the Student and the Teacher (videochat) together with a specific area for the exchange of notes and messages.
  The course shall start no later than the start time indicated in the offer and may not last less than the specified duration.
  The virtual classroom shall be closed by mr.tuto 30 minutes after the end of the course at the latest, calculated as from the start time specified in the offer.
Payment
1. Credits
  Transactions on the "mr.tuto" web Platform are executed in accordance with our Standard pricing and payment policy in Website Credits ("Credits").
  If you buy a course we will deduct the respective amount of Credits from your account. If somebody books your course, we will deposit the corresponding number of Credits into your account.
2. Buying Credits
  You may purchase Credits through accepted methods of payment at any time. If you purchase Credits using a Credit or Charge Card or an online payment account, you warrant that you are the account holder or somebody who has the authority/authorization to use the Credit Card or account, that the billing information provided is accurate, and you authorize us to charge the indicated Credit or Charge Card or online payment account for the total amount of the purchase.
3. Handling Credits
  Credits purchased and not used are not refundable and will automatically expire and cease to have any value 365 days after the date of their purchase. Only Credits earned by selling courses on "mr.tuto" may be redeemed and converted.
  In this transaction "mr.tuto" will convert credits at the fixed price of 0.70 EUR (seventy Euro cents), and use the difference with the credit cost (when purchased) to update and improve the website. You may only redeem your Credits in the currency you indicated at the time of registration to www.mrtuto.com: if this requires a currency exchange, it will be charged to you.
  The cost of Credits (or Credit packages) sold on "mr.tuto" may change.
  Credits do not have monetary exchange value outside our Website and may not be resold or traded. All credits will automatically expire and cease to have any value upon termination or expiration of this Agreement.
Final provisions
1. Transfer of the contract
  mr.tuto is entitled to transfer, either totally or partially, the rights and obligations hereunder to third parties, subject to a four-week prior notice sent by e-mail to all Registered Users. Following the aforementioned total or partial transfer, each Registered User shall be entitled to terminate the user contract by e-mail.
2. Indemnity clause
  Each Registered User shall indemnify mr.tuto against any and all claims of other Registered Users or third parties, in particular in case of non-compliance with rules or rights. Each Registered User shall also pay any and all legal defence costs of mr.tuto, including applicable legal and court fees, unless the non-compliance is not attributable thereto.
  In case of claims against mr.tuto because of infringement of any third-party rights, the Registered User concerned shall promptly provide all true and complete information as necessary for the evaluation of claims and the defence of mr.tuto.
3. System integrity and platform failures
  Registered Users are not allowed to use the platform with mechanisms, software or personal or third-party scripts that may damage or impair the functionality thereof.
  It is also forbidden to adopt measures that may cause an unjustified overloading to the infrastructure made available by mr.tuto.
  Registered Users are not allowed to record, block, overwrite or modify any content created by mr.tuto, nor to interfere in any way on the platform.
  Any contents created within the platform may be copied, distributed, used in other ways, reproduced or partially integrated into other web pages (frames) only with the prior authorization of the relevant copyright owners.
4. Availability of the platform
  mr.tuto shall do its best as to ensure that the platform is fully available, day and night, for all Registered Users. Nevertheless, problems or failures, either temporary or permanent, due to force majeure events (such as storms, earthquakes, floods, fires, wars, terrorism, sabotage, government acts or censorship) or to unforeseen maintenance work may not be excluded. Therefore, mr.tuto may not guarantee the continuous and uninterrupted availability of the website. In case of serious damage to the platform, Registered Users shall be informed accordingly by e-mail as soon as possible.
  mr.tuto shall also do its best as to avoid any maintenance work to be carried out during the hours in which the platform is normally used and, shall, in any case, schedule it in advance so as not to interfere with the provision of services. Any maintenance work shall be properly notified.
  mr.tuto reserves the right, at any time and without having to provide any reason, to make changes to the website, put it temporarily offline, or delete it from the Internet network without giving rise to any right to compensation.
5. References and links
  In general, it is prohibited to create links or include references to social networks or to personal or third-party websites on mr.tuto.
  On the contrary, it is allowed to create links or include references to the platform on social networks or on personal or third-party websites.
6. Disclaimer
  mr.tuto shall be liable for any damages caused to companies provided that these latter comply with any and all obligations hereunder, and only if and to the extent that fraud or gross negligence may be attributed to mr.tuto, or its legal representatives, managers or authorized staff.
  mr.tuto shall be liable for any damages caused to consumers only in cases of fraud or gross negligence. In the event of substantial breach of contractual obligations, default of debtor or impossibility to perform services attributable to mr.tuto, the latter shall still be responsible for the negligent conduct of its employees or authorized staff.
  Except in cases of fraud or gross negligence of legal representatives, managers or authorized staff of mr.tuto, the liability shall be limited to the size of the damages that may be normally estimated when entering into the contract.
  mr.tuto shall be released from any liability for direct damages, in particular for loss of profits, except in cases of fraud or gross negligence attributable to its legal representatives, managers or authorized staff.
  The aforementioned exclusions and limitations of liability in relation to companies and consumers do not apply in case of express guarantees offered by mr.tuto, damages resulting from death, personal injury or damages to health, and pursuant to mandatory provisions of law.
  mr.tuto shall not be liable and shall not provide any guarantee for offers and services proposed by Registered Users, nor for technical services, in particular for the continuous broadband connection availability for Registered Users.
7. Written form
  All clarifications and explanations as necessary for the execution of the contract of use to be entered into with mr.tuto shall be provided in writing or by e-mail.
8. Governing law and jurisdiction
  All legal relationships between the Parties shall be governed by German law. The rules on Contracts for the International Sale of Goods are excluded. The German law shall be deemed applicable to consumers only to the extent that it does not affect the protection levels set forth by any mandatory provisions of the domestic law of the country where the consumer has its habitual residence. If the Registered User acts as a businessperson, a legal entity under public law or a public law entity with separate assets, any disputes arising from this contract shall be referred exclusively to the jurisdiction of the registered office of mr.tuto. This shall also apply to cases where the Registered User does not have a general jurisdiction in Germany or in the EU, or if the domicile or habitual residence thereof is not known at the time of the filing of the judicial proceeding. The right of appeal to another competent judicial authority shall not be affected. The language of the contract and of all communications is German.
9. Data protection
  mr.tuto rules on data protection, as available on the platform, shall apply.
10. Amendments to these Terms of Use
  mr.tuto reserves the right, at any time and without having to provide any reason, to amend these Terms of Use subject to a prior notice to be sent to the indicated e-mail address of each Registered User at least six weeks prior to the effective date of the amendments . If Registered Users do not object thereto within two weeks of the prior notice, the Terms of Use as amended shall be deemed as accepted. The aforementioned two-week term shall be expressly indicated by mr.tuto in the e-mail.
  The Account of any Registered User opposing to the amendments shall be disabled, without prejudice to a new registration.
  Existing offers or courses shall be still subject to the previously applicable Terms of Use. All superseded Terms of Use shall remain available on the website for further reference.
11. Severability clause
  The possible invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity and enforceability of any remaining provisions. Any invalid or unenforceable provision shall be deemed as superseded by a legally effective provision having, as much as possible, the same sense and original economic purpose. This same principle shall also apply in the case of regulatory gaps.

Jena, 18 December 2015

Terms and Conditions of Use

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