This page clearly explains how Ditsay operates as a service and what you can expect when you become a member of our community.
Please read Ditsay Terms of Service (“Ditsay Terms” or “Terms”) carefully in full before you register as a Ditsay member as they govern (i) your access to and use of our sites, (ii) your access to and use of our Applications, or (iii) your access to and use of our services that link to or refer to these Ditsay Terms, and contain important information about your legal rights, remedies, and obligations.
We recommend you read the statement in full before you register as a Ditsay member.
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” or “Ditsay 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.
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 (“Privacy Policy”), which is available at https://ditsay.com/privacy and 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.
1. Definitions
"Applications" means the applications for mobile devices, including but not limited to mobile phones and tablets, provided by Ditsay, including but not limited to the mobile applications entitled as "Ditsay".
"Ditsay", "we", "us", or "our" means FuturePlusPlus Enterprises Ltd, with respect to Members that access and use the Ditsay Service.
"Ditsay Content" means any content that Ditsay creates and makes available in connection with the Ditsay Platform, including proprietary Ditsay content and any content licensed or authorized for use by or through Ditsay from a third party, but not including Member Content.
"Member" means any user that registers an account with our Platform, including but not limited to Students and Tutors, and in any way engage with our Platform and Services.
"Member Content" means all content, such as text, photos, or other materials and information that a Member posts, uploads, publishes, submits, transmits, includes in their Member profile.
"Platform" means the Ditsay Sites and Applications as hereby defined, along with any other services we provide.
"Sites" means Ditsay's website, including but not limited to http://ditsay.com/.
"Student" means a Member that engages Tutor Services with Tutor.
"Tutor" means a Member that offers and delivers Tutor Services.
"Tutor Content" means all content, such as text, photos, videos or other materials and information that a Tutor posts, uploads, publishes, submits transmits, includes in their Tutor profile.
"Tutor Services" means all services delivered by Tutors as described in the Tutor Terms, including but not limited to paid lessons and other services are exchanged.
2. Relationship
Ditsay provides the technical platform for communication and booking of text chat and video chat sessions between Students and Tutors, who are willing to teach a language for a fee (“Tutors”). Students 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. Ditsay have no control over the conduct of Students, Tutors, Members or other users of the Ditsay Platform and disclaims all liability in this regard to the maximum extent permitted by law.
3. Modification
We may, in our sole discretion, modify or update this Agreement from time to time, at any time and without prior notice. We recommend you to review this page periodically. If we modify these Ditsay Terms, we will either post the modification on the Sites and the Applications or otherwise provide you with notice of the modification. Your continued use of the Service after any changes constitutes your acceptance of the new Terms of Use. If the modified Ditsay Terms are not acceptable to you, your only recourse is to stop using the Site and the Service.
4. Eligibility
To be eligible to use the Service, you must meet the following criteria and acknowledge and warrant that you:
- i. Are 14 years of age or older;
- ii. Are not currently restricted from Ditsay. If we disable your account, you will not create another one without our permission;
- iii. Give us permission to access and use your information from social networks (e.g. Facebook, WeChat, Google, Instagram) as permitted by them, when you connect to or log in to Ditsay with these social networks;
- iv. 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.
- v. Will only maintain one Ditsay account at any given time;
- vi. 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;
- vii. Are not a convicted criminal, such as sex offender;
- viii. Will not violate any rights, including intellectual property rights such as copyright or trademark rights.
5. Description of Services
5.1 Ditsay Services
Ditsay's services includes:
Connection Services. Ditsay provides Members with access to use of the Ditsay Platform, which is an online venue where (a) Members can upload, submit, send and receive content related to language and culture learning; (b) Members can conduct searches, connect with, choose and engage with each other for the purpose of language and culture learning; (c) Students can conduct searches, connect with, choose, and engage with Tutors directly for language instruction and Tutor Services; (d) Tutors can advertise their capabilities, respond to inquiries, connect with and engage with Students to provide them with their Tutor Services.
5.2 Tutor Services
Tutors may provide certain Tutor Services through the Ditsay Platform. If you are accepted to become a Tutor, you agree to the Ditsay's Tutor Terms. All Members hereby acknowledge that the Tutor Services are solely provided by Tutors and are not provided by Ditsay. Ditsay's responsibility with respect to Tutor Services is limited to facilitating the availability of the Ditsay Platform.
6. Ditsay Account
6.1 Account Registration
In order to use many of the features that are offered through the Ditsay Platform, you must create an account ("Ditsay Account") and become a Member.
By signing up to our Platform you agree to:
- i. Keep your password secure and confidential;
- ii. Not permit others to use your account;
- iii. Refrain from using other users’ accounts;
- iv. Refrain from selling, trading, or otherwise transferring your account to another party or do anything else that might jeopardize the security of your account;
- v. Provide truthful and accurate information
- vi. Be 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 Applications' Profile page or by changing settings before content is published. By providing us with your email address you consent to our usage of 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.
6.2 Third-Party Account
You can also register to become a Member by logging into your account with certain third-party social login including, but not limited to, Instagram, Wechat, Apple and Google, through our Application. If a third-party account or associated services becomes unavailable or Ditsay's access to such third-party account is terminated by you or the third-party service provider, then you are no longer able to login to any Ditsay Platform through such third-party account.
7. Ownership
All content made available through Ditsay Platform is either owned by Ditsay, or Ditsay’s Licensors, or is licensed to Ditsay and Ditsay’s licensed pursuant to “Member Content” Section below. As between you and Ditsay, you own your Member Content. We own the Ditsay Content, including but not limited to visual interfaces, interactive features, graphics, designs, our compilation of Member Content, computer code, products, software, aggregate Member review ratings, and all other elements and components of the Ditsay Platform excluding Member Content. As between you and Ditsay, we also own the copyrights, trademarks, service marks, trade name, and other intellectual property rights throughout the world associated with the Ditsay Content and the Ditsay Platform, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Ditsay Platform and the Ditsay Content are retained by Ditsay.
8. License Grant
Subject to and conditioned on compliance with these Ditsay Terms, Ditsay hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, terminable license to access and use the Ditsay Platform. Except as expressly set forth in these Ditsay Terms, you may not modify (including making derivative works without limitation), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display or sell in any form or by any means, in whole or in part, the Ditsay Content, other Members’ Member Content and the Ditsay Platform without Ditsay’s or our licensors’ express prior written permission.
The licenses granted to you are conditioned upon your proper conduct and compliance with these Ditsay Terms at all times, as judged by Ditsay in Ditsay’s sole discretion. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Ditsay Platform.
9. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit, store or transmit your Member Content. By making available any Member Content on or through the Ditsay Platform, you hereby grant to Ditsay a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of, or to promote or market the Ditsay Platform. Ditsay does not claim any ownership rights in any Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Ditsay Platform. Accordingly, you acknowledge and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Ditsay Platform or through Ditsay promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Ditsay the rights in such Member Content, as contemplated under these Ditsay Terms; and (ii) neither your Member Content nor your posting, uploading, publication, submission or transmittal of your Member Content or Ditsay’s use of your Member Content (or any portion thereof) on, through or by means of the Ditsay Platform or Ditsay promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Ditsay or the respective licensors of the Content. Ditsay and its licensors reserve all rights not expressly granted in and to the Service and the Content.
If you are a Tutor, you may share your Member Content with your Students.
Ditsay respects copyright law and expects its Members to do the same. If you believe that any content on the Ditsay Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
10. Restrictions
10.1 COMMUNITY GUIDELINES AND GENERAL PROHIBITIONS
- i. 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;
- ii. 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: (a) 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; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, sexually explicit, nude, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
- iii. Not to use Ditsay to do anything unlawful, misleading, malicious, or discriminatory;
- iv. Not to bully, abuse, harass, stalk, demean, threaten or discriminate any user;
- v. Not to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any user;
- vi. Not to ask for or offer sexually explicit material, and/or material harmful to children;
- vii. Not to discuss illegal activity, such as how to obtain or consume illegal drugs and how to make bombs;
- viii. Not to solicit login information or access an account that belongs to someone else;
- ix. Not to intercept or monitor, damage or modify any communication which is not intended for you;
- x. Not submit or post unauthorized or unsolicited commercial communications (such as spam) or any communication not permitted by applicable law in our apps;
- xi. 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;
- xii. Not to engage in unlawful multi-level marketing, such as a pyramid scheme, on our Services;
- xiii. Not to not upload viruses or other malicious code;
- xiv. Not to do anything that could disable, overburden, or impair the proper working of Ditsay, such as a denial of service attack;
- xv. 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;
- xvi. 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 info@ditsay.com.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Ditsay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ditsay with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Ditsay , its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
11. Enforcement of Ditsay Terms of Service
11.1 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 report feature or by sending an email to info@ditsay.com
12. Suspension, Termination or Cancellation
12.1 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 info@ditsay.com
13. 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”) . 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 or Students for any Course and/or Tutor Service you provide on the Service.
13.1 Pre-Qualification Process
To preserve the quality of the Courses and Tutor Services on the Service and to ensure the safety of all our users, every user who wishes to teach or provide a Course and/or Tutor Service will be required to go through an application and pre-qualification process in order to become a Tutor.
You must complete the following 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 and Tutor Services. You will be required to provide your correct email address. You will be required to upload two videos, a self-introductory video and a sample tutoring video. Both videos will show up on your tutor profile, and are hence considered part of Tutor Content, subjecting to all Terms regarding Tutor Content, once your application has been approved. You will authorize us to verify the accuracy of all the information you provide.
- The detailed requirements for all sections of the application form are provided in the application form. We reserve the right, at our sole discretion, to accept or decline your application for any reason, not limited to failing to abide to the requirements provided in the application form.
- 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 Courses and Tutor Services on the Service. No Course may ever contain any Prohibited Content. It is up to you to accurately describe your Course(s) and Tutor Services.
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.
13.2 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.
13.3 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.
13.4 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 on our contact page.
13.5 Tutor Content
Any Tutor Content will be considered non-confidential. You must not post any Tutor Content on or through the Services or transmit to us any Tutor Content that you consider to be confidential or proprietary to any other person. When you submit Tutor Content through the Services, you agree and warrant that you own that Tutor Content, or you have received all necessary permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the content to submit such Tutor Content to the Services, to transmit it from the Services to other third party platforms, and/or to otherwise make any use of such Tutor Content on or through the Services.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not upload or otherwise make available such sound recordings through the Services unless you have all permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the content to submit it to the Services.
Except as expressly provided otherwise in these Terms, you or the owner of your Tutor Content still own the copyright and any other intellectual property rights in Tutor Content sent to us, but by submitting Tutor Content via the Services, you hereby grant (i) to us and our affiliates, agents, services providers, partners and other connected third parties an unconditional irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise others users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your Tutor Content in any format and on any platform, either now known or hereinafter invented; (ii) to other users of the Services an unconditional irrevocable, non-exclusive, royalty-free, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, download, publish and/or transmit, and/or distribute some or all of your Tutor Content in any format and on any platform, either now known or hereinafter invented for the purpose of generating other Tutor Content or viewing your Tutor Content for entertainment or other private, non-commercial purposes.
You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your Tutor Content.
14. Copyright Policy
14.1 Copyright Notification
Ditsay does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove all Content if properly notified that such content infringes on another's intellectual property rights. Ditsay reserves the right also to terminate a User's account, if they are determined to be a repeat infringer.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ditsay’s copyright agent the written information specified below:
- • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- • A description of all of the copyrighted works that you claim has been infringed upon;
- • A description of where the material that you claim is infringing is located on the Ditsay website, including, a URL of the specific location of the infringing material;
- • A description of the date and time of the alleged infringement;
- • Information sufficient to allow us to contact you including, at a minimum, your name, address, telephone number, and e-mail address;
- • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Send a copyright notification
14.2 Copyright Counter-Notification
If you believe that the content you uploaded was removed in error, or that it does not infringe upon third-party copyright, you may send us an appeal by completing the following form. Once your appeal is received, we will forward it, along with your personal information, to the party that initiated the take-down notice. The restoration of deleted content is at our sole discretion. Please note that unfounded appeals may be subject to legal action.
Send a copyright counter-notification
15. Governing Law and Jurisdiction
This Agreement to the Ditsay Terms of Service ("Agreement") and each of the documents contemplated by or delivered under or in connection with this Agreement are governed by and are to be construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein and treated in all respects as a British Columbia contract. The parties hereby irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of British Columbia and all courts competent to hear appeals therefrom.
16. 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.