Weclcome to use Ditsay!

This page clearly explains how Ditsay operates s a service and what you can expect when you become a member of our community.

We recommend you read the statement in full before you register as a Ditsay member

TERMS OF SERVICE

By registering, or by using our websites, services, our mobile applications, developer platform, or other information provided as part of the Services (“Ditsay”), you agree that you are entering into a legally binding agreement with FuturePlusPlus Enterprises Ltd, Burnaby, BC, Canada, http://ditsay.com (“we”, “us”, “our”, “Ditsay”). You also agree that these Terms of Service (“Terms”) govern your access to and use of the services and any information appearing on the services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the services you agree to be bound by these Terms.

We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. Your continued use of the Service after any changes constitutes your acceptance of the new Terms of Use.

Your privacy and your ability to control your data is very important to us. Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by us.

OWNERSHIP, LICENSE AND WARRANTY FOR INFORMATION YOU SUBMIT

You own the information you provide under this Agreement, and may request its deletion at any time, unless you have shared information or Content with others and they have not deleted it, or it was copied or stored by other users. You understand that deleted Content may persist in backup copies for a reasonable period of time, but will not be available to others.

Additionally, you grant Futureplusplus a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub licensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to our apps, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to the Services, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.

By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Services account profile information accurate and updated.

SERVICE ELIGIBILITY AND ACCOUNT SECURITY

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:

  • are 14 years of age or older;
  • are not currently restricted from Ditsay. If we disable your account you will not create another one without our permission;
  • give us permission to access and use your information from these social networks as permitted by them, by connecting to Ditsay with a social network (e.g. Facebook, Wechat, Google);
  • are using your real name and identity in your profile and you will not provide any false personal information or create an account for anyone other than yourself without permission.
  • will only maintain one Ditsay account at any given time;
  • have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
  • are not a convicted sex offender;
  • will not violate any rights, including intellectual property rights such as copyright or trademark rights.

REGISTRATION AND ACCOUNT CREDENTIALS

By signing up to our apps you agree to:

  • keep your password secure and confidential;
  • not permit others to use your account;
  • refrain from using other users’ accounts;
  • refrain from selling, trading, or otherwise transferring your account to another party or do anything else that might jeopardize the security of your account;
  • that you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.

You may control your user profile and how you interact with the Service by changing the settings in our app’s Profile page or by changing settings before posts are published. By providing us your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service or Service Notifications.

COMMUNITY GUIDELINES AND GENERAL PROHIBITIONS

By using Ditsay you agree:

  • not to use Ditsay to advertise any services and products you provide or sell commercially, especially language Tutoring services, unless they are covered by the Tutor Terms as stipulated in this agreement.
  • not to post, upload, publish, broadcast, stream, display, submit or transmit any text, words, statements, conversations, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, sexually explicit, nude, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances
  • not to use Ditsay to do anything unlawful, misleading, malicious, or discriminatory
  • not to bully, abuse, harass, stalk, demean, threaten or discriminate any user
  • not to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any user
  • not to ask for or offer sexually explicit material, and/or material harmful to children
  • not to discuss illegal activity, such as how to obtain or consume illegal drugs and how to make bombs
  • not to solicit login information or access an account that belongs to someone else
  • not to intercept or monitor, damage or modify any communication which is not intended for you
  • not submit or post unauthorized or unsolicited commercial communications (such as spam) or any communication not permitted by applicable law in our apps
  • not to collect users’ content or information, or otherwise access the Services, using automated means such as harvesting bots, robots, spiders, or scrapers without our permission
  • not to engage in unlawful multi-level marketing, such as a pyramid scheme, on our Services
  • not to not upload viruses or other malicious code
  • not to do anything that could disable, overburden, or impair the proper working of Ditsay, such as a denial of service attack
  • not to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; Not to utilize or copy information, content or any data you view on and/or obtain from the Services to provide any service that is competitive, in our sole discretion; not to adapt, modify or create derivative works based on Ditsay or technology underlying the Services, or any individual element within the Services, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained in the Services, without our express written consent
  • not to attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures, not to facilitate or encourage any violations of these Terms of Service.

Ditsay reserves the right to decide what behaviors fall into these categories and will make reasonable efforts to deny access to users who do not comply with these Terms. However, Ditsay does not guarantee you will not be connected to violators before they are banned. Please report abuse by clicking on the REPORT link, or emailing ditsay.info@gmail.com

You understand and agree that you may be exposed to User Content (as defined below) that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Ditsay shall not be liable for any damages you allege to incur as a result of User Content.

CONTENT AND CONVERSATIONS

All content created or published by users, including topics, profiles, the content of video-, audio- or text chats and –conversations, as well as messages submitted through our app’s messaging feature (“Content“), is the sole responsibility of the person who originated such Content, whether publicly posted or privately transmitted. In particular, you are responsible for ensuring that your Content complies with the community guidelines and general prohibitions as set out in paragraph 4 of these Terms.

We reserve the right (but shall have no obligation) to decide whether any Content that you create or use complies with these Terms. We may in our sole discretion remove such Content and/or terminate these Terms and your user account if you publish or use any Content that is in breach of these Terms.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

By using the Services, you agree that any Content that you submit may be transmitted to the recipient of your communication. The Content of communications, especially of Video-, Audio- or Textchats is entirely the responsibility of the person from whom such Content originated and therefore you may be exposed to Content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The Content of communications may be protected by intellectual property rights, which are owned by third parties.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via our Services or endorse any opinions expressed using the Services. You understand that by using Ditsay, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Ditsay be liable in any way for any Content, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted via Video, Audio- or Textchat or otherwise made available via the Services or broadcast elsewhere.

QUALITY OF SERVICES

While we strive to provide a high quality communication platform, we cannot guarantee that the Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications. We take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of the Services.

LEGAL RELATIONSHIPS BETWEEN TUTORS, MEMBERS AND DITSAY

Ditsay provides the technical platform for communication and booking of text chat and video chat sessions between members and tutors, willing to teach a language for a fee (“Tutors”). Members and Tutors can find each other on Ditsay and take advantage of the Services. Ditsay is not involved in or responsible for the Tutors’ delivery of Instruction Services to Students or the business relationship that may be entered into by Students and Tutors. While all Tutors go through a multi-step selection and vetting process, Ditsay does not guarantee the quality, safety or legality of instruction services advertised by tutors, the truth or accuracy of listings, the qualifications, background, or abilities of Tutors or Students, the ability of Tutors to deliver teaching services, the ability of Students to pay for teaching services, or that a Student or Tutor can or will actually complete a transaction.

Taxes, Reporting and Legal Responsibilities: Each Member, Student and Tutor is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.

Directory of Tutors: The Service contains a directory of Tutors. The directory is populated with information from third party sources, from Tutors themselves and from other Members. Ditsay provides this directory as a convenience and does not confirm or verify the information contained in it.

DITSAY’S RIGHTS

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Ditsay and its licensors. The Services are protected by copyright, trademark, and other laws of Canada and other countries. Nothing in the Terms gives you a right to use any of our trademarks, logos, domain names, and other distinctive brand features.

NOTIFICATIONS AND SERVICE MESSAGES

You agree that we may communicate with you through your account or through other means including email, push notifications or SMS / mobile messaging services. Please review your Settings to control what kind of messages you receive from Ditsay. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information through or about the Services.

NOTICE AND TAKE-DOWN

If we receive any notification that any material that you post, upload, edit, host, share, broadcast, stream, transmit and/or publish on the Services (“User Submission”) is inappropriate, infringes any rights of any third party, or if we wish to remove your User Submission for any reason whatsoever, we reserve the right to remove such User Submission for any reason immediately or within such other timescales as may be decided by us in our sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that Ditsay is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately using the in app feature or by sending an email to ditsay.info@gmail.com

TERMINATION AND ACCOUNT CANCELLATION

We will have the right to suspend or disable your Account or terminate these Terms of Service, at our sole discretion, without prior notice to you and without recourse to the courts, if you breach any of these Terms of Service or if we decide to cease offering the Services to users in your jurisdiction generally. We reserve the right to revoke your access to and use of the Services at any time, with or without cause. In the event we terminate these Terms of Service for your breach, you will remain liable for all amounts due hereunder, to the extent that there are amounts outstanding and payable to Ditsay.You may cancel your Account at any time by using the ‘delete account’ feature or by sending an email to ditsay.info@gmail.com

Miscellaneous

This Agreement constitutes the complete agreement between You and Ditsay regarding the agreed matters of the Agreement and other related matters. Except as provided in the Agreement, no other rights are granted to the parties to this Agreement.

If any clause of this Agreement is completely or partially invalid or does not have any enforcement for any reason, the remaining clauses of this Agreement shall remain valid and binding.

The headings of this Agreement are for convenience only and shall be ignored when interpreting this Agreement.

TUTOR TERMS

If you want to offer Tutoring services on Ditsay, you must read and agree to be bound by these Additional Terms and Conditions for Tutors (“Tutor Terms”) which are part of and incorporated into the Ditsay Terms and Conditions of Use (“Terms”) (https://ditsay.com/legal/term_of_service.html). These Tutor Terms will apply to any Account that is approved to be a Tutor on the Service. If you do not accept these Tutor Terms in full, you are not authorized to teach on the Service and you are not eligible to receive any money from Ditsay or its members for any Course and/or Tutoring service you provide on the Service.

Pre-Qualification Process

Before you start sharing your knowledge on the Service, we want to get to know you a little better. To preserve the quality of the Courses on the Service and to ensure the safety of all our users, every user who wishes to teach or provide a Course and/or Tutoring service will be required to go through an application and pre-qualification process.

You must complete the following simple steps before you can begin to teach:

  • Application: Fill out an Application Form to provide us with information regarding your background, education, work experience, certifications and other qualifications with respect to your planned Courses. You will be required to provide your correct mailing address. You will authorize us to verify the accuracy of all the information you provide. We reserve the right, at our sole discretion, to accept or decline your application for any reason.
  • Becoming a Tutor: If we approve your application after our review, you will be considered a “Tutor.” and can be listed as a tutor on the Service.
  • Courses and Rates: If you pass our evaluation, you can begin providing a variety of language Courses on the Service. No Course may ever contain any Prohibited Content. It is up to you to accurately describe your Course(s) for sale.

We reserve the right to withdraw our approval of your application and to suspend or terminate your right to teach on the Service at any time and at our sole discretion. If applicable law requires us to provide a notice of termination or cancellation, we may give notice by sending written communication to any address (email or otherwise) that we have for you in our records. You will be liable for any breaches and/or obligations incurred before we suspend or terminate your Account.

License Grant

You hereby agree that any user who purchases your Course (“Student”) will obtain and be granted, as a result of such purchase, a worldwide, non-sublicensable and non-exclusive right and license to use the Content incorporated in that Course solely for his or her personal and noncommercial educational purposes. You acknowledge that all of the Content you submit to the Service (whether as part of your Course or otherwise) is subject to the representations, warranties, license grants and other provisions contained in the Terms. Please read those carefully. You also acknowledge that we may use your Content and information about your Courses in marketing, advertising and promotion of our Service in any medium, and you hereby give us permission to use your name and content of your profile as part of such marketing, advertising or promotion.

Tutor-Student Communication; Solicitation and Disclosure of Personal Information

You agree that you are prohibited from soliciting any personally identifiable information (such as birth date, age, government issued number, email address, phone number or home address) from any Student on Ditsay and that you are prohibited from disclosing such personally identifiable information to any third party. You are not allowed to obtain any personal information from your Student other than their profile information available through Ditsay.

Payment Terms for Tutors

Posting of Earned Amounts. The total amount of all payments earned through your purchased courses (less any applicable fees and issued credits or refunds due to cancellations) will be posted by the Payment Service Provider to your account almost immediately after the student has paid for the session or course.

Taxes

Tutors are solely responsible for all applicable federal, state, local, and foreign taxes or charges imposed by any government entity, directly or indirectly, in connection with your enrollment as a Tutor.

Tutors agree to provide Ditsay with their tax number upon registration.

Ditsay Commission

We collect commission fees only when your course is purchased or a tutoring session is booked and the transaction is completed. To the extent any refunds are issued under the Terms, our commission fees will be based only on the amount that is not refunded back to the Student. For each purchase transaction on the Service, our commission is 20% of the total cost of the Session (“Commission”).

Ditsay’s Rights Regarding Funds

We reserve the right to seek reimbursement from you if we, in our sole discretion, (a) provide a refund to a Student if you cannot promptly deliver the purchased Course, or (b) discover erroneous or duplicate transactions. You authorize us to obtain such reimbursement by deducting from future payments owed to you, reversing any credits to your Account, debiting your bank account, or seeking such reimbursement from you by any other lawful means.

As a security measure, we may, but are not required to, impose transaction limits on some or all Students and Tutors relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will impose these limits before any services are rendered. We will not be liable to you: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a Student to withdraw from a transaction because our payment service is unavailable following the commencement of a transaction.

Customer Complaints; Credits and Refunds

Any Student who is dissatisfied with your Course is required to contact you directly through the Service regarding any issues or complaints. You must resolve any issue or complaint with the Student. We shall have the right, in our sole discretion, (a) to issue credits, offer a refund to the original form of payment used, or reverse an entire purchase transaction; and (b) to designate who shall bear the expenses resulting from any such actions.

Modification or Deletion of Content or Courses

You may choose from time to time to remove or modify any Content or Courses that you previously posted or offered on the Service.

Tutor Non-Performance

You are expected to perform in a manner that results in a consistently high level of Student satisfaction. You are in breach of these Tutor Terms if you (a) fail to deliver any Course for which payment was accepted; (b) misrepresent a Course by not meeting the terms and description provided in the listing; (c) post any Prohibited Content or perform any Prohibited Conduct under the Terms; and (d) fail to take commercially reasonable efforts to resolve any dispute with a Student.

Code of Conduct for Tutors

We believe in the value of education and the learning process one goes through to obtain knowledge. As a company, we do not condone plagiarism, copyright infringement or inappropriate teaching methods and will deactivate the account of anyone knowingly engaging in such conduct.

Additionally, if at any point you feel the instruction you are providing or the feedback you are being asked to provide is being used inappropriately by the student, you should not hesitate to end a session and/or cancel the student’s order and notify us immediately via the feedback form or live chat.