By creating an account, accessing or using the Platform, booking a session,
offering instruction, or otherwise using Darspath, you agree to these Terms.
If you do not agree to these Terms, you should not use the Platform.
2. Eligibility
You must be at least 18 years old, or the age of legal majority where
you live, to independently create and manage a Darspath account.
Students under 18 may use Darspath only with the authorization and
appropriate supervision of a parent or legal guardian.
The parent or legal guardian is responsible for:
- Authorizing the minor's use of Darspath;
- Selecting and booking Tutors where applicable;
- Payments made through the account;
- Supervising the minor's Platform activity where appropriate; and
- Ensuring compliance with these Terms.
Darspath may establish additional safeguards, restrictions,
verification procedures, or requirements for accounts and sessions
involving minors.
3. Accounts, Profiles, Accuracy, and Security
Users must provide accurate, current, and complete information when
creating and maintaining an account.
You are responsible for:
- Keeping your account information current;
- Maintaining the confidentiality of your login credentials;
- Preventing unauthorized access to your account; and
- Activity conducted through your account.
You must promptly notify Darspath if you believe your account has
been compromised or used without authorization.
3.1 Tutor Profiles
Tutors must provide accurate information regarding their identity,
experience, qualifications, skills, subjects, availability, pricing,
and other information requested by Darspath.
Tutors may not knowingly make false, deceptive, misleading,
or materially exaggerated claims concerning their:
- Education;
- Degrees;
- Certifications;
- Professional licenses;
- Professional experience;
- Teaching or instructional experience;
- Employment history;
- Subject expertise;
- Student outcomes; or
- Other qualifications.
Darspath may request documentation or other information to verify
an Tutor's identity, qualifications, experience, or eligibility.
Darspath may approve, reject, restrict, suspend, or remove Tutor
profiles where information cannot be adequately verified or where
Darspath reasonably believes information is false, misleading,
fraudulent, outdated, or inappropriate.
Verification by Darspath does not constitute an endorsement,
certification, warranty, or guarantee of an Tutor's ability,
suitability, quality, or results.
4. Tutors and Educational Services
Tutors using Darspath generally operate as independent
educational service providers.
Unless otherwise expressly agreed:
- Tutors determine which subjects or skills they offer;
- Tutors determine their availability;
- Tutors may determine their prices subject to Platform requirements;
- Tutors are responsible for preparing and delivering their sessions;
- Tutors are responsible for the educational content they provide;
- Tutors are responsible for maintaining appropriate professional conduct;
- Tutors are responsible for complying with applicable laws and regulations relating to their services; and
- Tutors are responsible for maintaining licenses, certifications, registrations, or qualifications legally required for services they offer.
Darspath may establish marketplace standards, minimum requirements,
quality requirements, pricing rules, safety requirements,
content policies, or other Platform rules.
Darspath does not guarantee that every Tutor will be suitable
for every Student.
Students are responsible for reviewing available information and
selecting Tutors appropriate for their individual learning needs.
5. Subjects and Learning Categories
Darspath may provide access to live instruction across a broad
range of subjects and skills.
5.1 Languages
Language instruction may include English, other languages,
speaking and conversation, grammar, pronunciation, reading and writing,
business language, IELTS, TOEFL, test preparation, and other
language-related instruction.
5.2 Programming and Technology
Technology instruction may include programming languages,
web development, software development, databases, cloud computing,
DevOps, software testing and quality assurance, game development,
cybersecurity, artificial intelligence, data-related skills,
and other technology subjects.
5.3 Business and Entrepreneurship
Business instruction may include entrepreneurship, business management,
sales and marketing, e-commerce, Amazon business, dropshipping,
affiliate marketing, human resources, business analytics,
and other business-related subjects.
5.4 Additional Categories
Darspath may introduce additional educational categories, subjects,
skills, and specializations at any time.
The availability of a category, subject, or Tutor on Darspath
does not mean Darspath endorses, licenses, certifies, recommends,
or guarantees a particular Tutor, course, method, strategy,
or outcome.
6. Bookings and Sessions
Students may book eligible sessions, classes, packages,
or other educational services through the Platform.
Tutors are responsible for maintaining reasonably accurate
availability and scheduling information.
Students and Tutors agree to:
- Attend sessions at the scheduled time;
- Communicate professionally;
- Treat each other respectfully;
- Follow applicable Platform policies;
- Avoid materially disruptive behavior;
- Use Darspath for lawful educational purposes; and
- Provide reasonable notice when unable to attend where possible.
6.1 Session Times and Time Zones
Darspath may display or automatically convert session times
according to a user's selected, entered, or detected time zone.
Users are responsible for checking the scheduled date, time,
and applicable time zone before booking or attending a session.
Darspath is not responsible for a missed session caused solely
by a user's incorrect device settings, time-zone configuration,
or misunderstanding of correctly displayed scheduling information.
7. Payments, Tutor Earnings, Platform Commission, Fees, and Taxes
7.1 Student Payments
Payments for sessions, classes, packages, or other eligible educational
services may be collected through Darspath and processed using third-party
payment processors, banks, card networks, or financial service providers.
Students agree to provide valid payment information and authorize applicable
charges when purchasing services through the Platform.
Payment transactions may be subject to the terms, policies, processing
requirements, security procedures, exchange rates, and fees of applicable
payment processors, banks, card networks, or other financial service providers.
7.2 Darspath Platform Commission
Standard 15% Platform Commission Unless a different rate or arrangement is expressly disclosed by Darspath
or agreed to in writing, Darspath retains a platform commission equal to
15% of eligible instructional fees collected for services
provided through the Platform.
The platform commission compensates Darspath for operating and supporting
the marketplace and may support services such as Platform technology,
payment facilitation, scheduling, marketplace operations, customer support,
security, and other Platform features.
Unless otherwise disclosed for a particular transaction, the 15% commission
is calculated from the eligible instructional fee before applicable
payment-processing, banking, payout, transfer, currency-conversion,
refund, chargeback, tax, or similar third-party transaction costs.
7.3 Tutor Earnings
Subject to these Terms, an Tutor is generally entitled to
85% of the eligible instructional fee after Darspath's
standard 15% platform commission, less any additional deductions that
apply under these Terms.
Additional deductions may include, where applicable:
- Payment-processing fees;
- Bank charges;
- Credit or debit card processing fees;
- Currency-conversion fees;
- Payout fees;
- Wire-transfer or money-transfer fees;
- International transfer charges;
- Refund-related costs;
- Chargeback-related costs;
- Taxes or legally required withholding; and
- Other third-party financial transaction costs directly associated with collecting, processing, refunding, or transferring funds.
7.4 Tutor Payouts
Darspath may collect Student payments, maintain amounts attributable to
Tutor earnings within the Platform, and facilitate payouts to
Tutors through supported banks, payment processors, or money-transfer
services.
Eligible instructional fee − 15% Darspath platform commission
− applicable transaction, payout, refund, chargeback, tax, or other
authorized deductions = Tutor payout.
Darspath may establish supported payout methods, payout schedules,
minimum payout thresholds, verification requirements, reserve periods,
or other reasonable payout procedures. Applicable details may be displayed
on the Platform or communicated to the Tutor.
Payout timing may depend on the Student's payment method, processor
settlement periods, bank processing times, the Tutor's payout method,
currency conversion, weekends and holidays, refunds, payment disputes,
chargebacks, fraud or security reviews, identity verification, and other
circumstances outside Darspath's reasonable control.
7.5 Commission Example
Example: If $100 in eligible instructional fees is collected for a Tutor,
Darspath's standard 15% platform commission is $15 and the Tutor's
share is $85 before any additional applicable payment-processing,
banking, currency-conversion, payout, transfer, refund, chargeback,
tax, or other authorized deductions.
7.6 Different or Promotional Commission Rates
Darspath may offer a different commission rate, reduced commission,
promotional rate, referral arrangement, or other fee structure to
particular Tutors, Students, services, markets, programs, or
transactions. Any different rate that applies will be disclosed through
the Platform, applicable program terms, or a separate written agreement.
7.7 Separate Student or Platform Fees
Darspath may separately charge Students platform fees, service fees,
booking fees, subscription fees, membership fees, taxes, or other charges
where applicable. Any such charge will be disclosed as required before
the applicable purchase.
A separately charged Student or Platform fee is distinct from the
Tutor's listed instructional fee unless expressly stated otherwise.
7.8 Refunds, Payment Disputes, and Chargebacks
Amounts refunded, reversed, disputed, or charged back for cancelled,
fraudulent, undelivered, or otherwise refundable services may be deducted
from amounts payable to the applicable Tutor where appropriate.
If an Tutor has already received funds that are subsequently refunded,
reversed, disputed, or charged back, Darspath may recover the applicable
amount or offset it against future Tutor earnings or payouts to the
extent permitted by applicable law.
Darspath may also withhold or delay amounts reasonably necessary to
investigate suspected fraud, payment disputes, chargebacks, security
concerns, or violations of these Terms.
7.9 Taxes
Tutors are independent providers and are responsible for determining,
reporting, and paying taxes applicable to their earnings, except where
Darspath or a third-party provider is legally required to collect,
withhold, report, or remit an amount.
This may include:
- Income taxes;
- Self-employment taxes;
- VAT;
- GST; and
- Other taxes or governmental obligations.
Students are responsible for applicable taxes on purchases except where
Darspath or a payment provider is legally required to calculate, collect,
report, or remit those taxes.
8. Cancellations, Refunds, and No-Shows
8.1 General Student Cancellation Rule
Student cancellation policy
A Student may cancel an eligible class package, course enrollment,
or series of sessions at any stage. The Student is generally responsible
only for the sessions already attended or otherwise used.
Sessions not attended may be eligible for a refund or Platform credit,
subject to these Terms.
8.2 Sessions Already Attended
Sessions that a Student has already attended are considered delivered
and are generally non-refundable.
The amount attributable to attended sessions may be deducted from
any amount otherwise eligible for refund.
Where a Student purchased multiple sessions as part of a package,
course, or group-class enrollment, Darspath may calculate the value
of attended sessions based on the applicable per-session price,
package structure, or pricing arrangement in effect at the time
of purchase.
8.3 Sessions Not Attended
Sessions that have not been attended by the Student may be eligible
for a refund or Platform credit.
Refund eligibility may depend on factors including:
- Whether the session has already occurred;
- Whether the Student was marked as a no-show;
- Whether the Tutor delivered or reserved the session;
- Whether the Student properly cancelled future sessions;
- Whether the payment is subject to a dispute, chargeback, or fraud review;
- Applicable payment-processor or banking restrictions; and
- Applicable law.
8.4 Refund Example
Example: If a Student pays for 10 sessions and attends 4 sessions before cancelling,
the Student will generally be responsible for the cost of the 4 attended
sessions. The remaining 6 sessions that were not attended may be eligible
for a refund or Platform credit, subject to applicable transaction costs,
payment-processing restrictions, and these Terms.
8.5 Tutor Cancellation
If an Tutor cancels a session that has not been delivered,
the Student may receive:
- A refund for that session;
- Platform credit; or
- A rescheduled session.
If an Tutor repeatedly cancels scheduled sessions,
Darspath may review, restrict, suspend, or terminate the
Tutor's account.
8.6 Tutor No-Show
If an Tutor fails to attend a scheduled session,
the Student will not be charged for that undelivered session
and may receive a refund, Platform credit, or rescheduled session.
8.7 Student No-Show
If a Student does not attend a scheduled session and does not
cancel or reschedule in accordance with applicable Platform rules,
that session may be treated as attended or used and may therefore
be non-refundable.
Darspath may make exceptions where there is a verified Platform failure,
emergency, or other circumstance Darspath considers appropriate.
8.8 Technical Problems
If a significant technical problem prevents a session from being
delivered, Darspath may determine that the session was not successfully
provided.
In such cases, Darspath may offer:
- A refund;
- Platform credit; or
- A rescheduled session.
Darspath may review relevant Platform records and information supplied
by the Student and Tutor when determining an appropriate resolution.
8.9 Refund Calculation
Total amount paid for eligible sessions
− value of attended or used sessions
− applicable non-refundable payment-processing, banking,
transfer, refund, or other transaction costs
= eligible refund amount.
8.10 Refund Method
Approved refunds may be returned to the original payment method
or issued as Platform credit depending on:
- The payment method;
- Payment-processor requirements;
- Banking limitations;
- Transaction timing;
- Fraud or chargeback considerations;
- Applicable law; and
- Darspath's Platform policies.
Processing, banking, currency-conversion, transfer, refund,
and other third-party transaction fees may be non-refundable
where permitted by applicable law.
9. Group Classes
Darspath may allow Tutors to offer group classes in addition
to one-to-one sessions.
Students participating in group classes understand that:
- Other Students may attend the same session;
- The Tutor's attention will be shared among participants;
- Class size may vary;
- Participants must respect the privacy of other participants; and
- Participants may not improperly record, photograph, distribute, or publicly share another participant's image, voice, messages, personal information, or class participation.
Darspath or an Tutor may remove a Student who materially disrupts
a class, threatens another participant, or violates these Terms.
Removal from a class because of serious misconduct does not automatically
entitle the Student to a refund.
10. Recording and Session Privacy
Sessions may be recorded only where permitted by applicable law
and after all legally required permissions and consents have been obtained.
Students and Tutors are responsible for understanding recording
and privacy laws applicable in their jurisdictions.
Users may not secretly record a session where doing so violates
applicable law or Darspath policy.
Without appropriate authorization, users may not publicly distribute
recordings, screenshots, educational materials, messages,
or other content containing another person's:
- Image;
- Voice;
- Personal information;
- Private communications; or
- Intellectual property.
Darspath may provide recording or communication functionality
but does not guarantee that a recording made by a user complies
with the laws of every jurisdiction.
11. User Conduct and Prohibited Activities
Students and Tutors may not use Darspath to:
- Harass, threaten, intimidate, abuse, or exploit another person;
- Engage in sexual harassment or inappropriate conduct;
- Unlawfully discriminate against another person;
- Share illegal, fraudulent, harmful, or infringing material;
- Impersonate another person or organization;
- Provide materially false qualifications or account information;
- Facilitate academic cheating or dishonesty;
- Commit fraud or payment abuse;
- Make fraudulent or intentionally misleading educational claims;
- Attempt unauthorized access to Platform systems;
- Introduce malicious software or code;
- Interfere with Platform security or operation;
- Scrape or systematically extract Platform data without authorization;
- Reverse engineer Platform systems except where applicable law expressly permits it;
- Violate intellectual property, privacy, or other legal rights;
- Use Darspath to facilitate unlawful activities; or
- Encourage another person to violate these Terms.
Darspath may investigate suspected violations and take appropriate action,
including warnings, restrictions, suspension, or termination.
13. User Content and Intellectual Property
13.1 User Content
Students and Tutors retain ownership of original content they
submit to Darspath, subject to rights belonging to third parties.
By submitting content to the Platform, users grant Darspath a worldwide,
non-exclusive, royalty-free license to host, store, reproduce,
process, display, and transmit that content as reasonably necessary to:
- Operate the Platform;
- Provide requested services;
- Maintain Platform security;
- Provide customer support; and
- Improve Platform functionality.
This license does not transfer ownership of the user's original
content to Darspath.
13.2 Tutor Educational Materials
Unless otherwise agreed, Tutors retain ownership of original
educational materials they create.
Students may use educational materials provided during instruction
for their personal educational purposes unless broader permission
is provided.
Students may not commercially reproduce, resell, publish, upload,
distribute, sublicense, or otherwise commercially exploit an
Tutor's materials without appropriate authorization.
13.3 Darspath Intellectual Property
Darspath's name, trademarks, branding, logos, software, interfaces,
designs, databases, Platform content, and other proprietary materials
are owned by Darspath or its licensors and protected by applicable
intellectual property laws.
14. Reviews and Ratings
Darspath may allow Students to rate or review Tutors.
Reviews should reflect genuine experiences.
Users may not submit reviews containing:
- Knowingly false information;
- Fraudulent or manipulated ratings;
- Harassment;
- Threats;
- Unlawfully discriminatory content;
- Illegal material;
- Private personal information; or
- Content unrelated to a genuine experience.
Darspath may remove, restrict, investigate, or moderate reviews
that violate Platform policies or applicable law.
Reviews represent the views of their authors and do not necessarily
represent the views of Darspath.
15. Third-Party Services
Darspath may use or integrate third-party services for functions including:
- Payments;
- Banking and payouts;
- Video conferencing;
- Communications;
- Authentication;
- Analytics;
- Hosting; and
- Other Platform functionality.
Third-party services may be governed by their own terms,
privacy policies, fees, and procedures.
Darspath does not control and cannot guarantee the availability,
performance, security, data handling, or uninterrupted operation
of independent third-party services.
16. Educational and Professional Disclaimers
Darspath facilitates educational connections between Students
and independent Tutors.
Unless expressly stated otherwise, Darspath does not guarantee:
- Specific educational outcomes;
- Grades;
- Examination scores;
- Language proficiency;
- Employment;
- Promotions;
- Professional certifications;
- College or university admission;
- Business income;
- Business success;
- Financial returns;
- Investment performance;
- Trading profits; or
- Mastery of a particular subject or skill.
Results depend on numerous factors, including Student effort,
attendance, experience, Tutor performance, learning ability,
market conditions, and other circumstances.
16.1 Finance, Investing, and Trading Education
Educational purposes only
Content offered through finance, accounting, investing, trading,
cryptocurrency, business, or related categories is generally
intended for educational purposes only.
Unless an Tutor is separately licensed, authorized, and legally
permitted to provide such services, educational content available
through Darspath should not be treated as personalized:
- Investment advice;
- Financial advice;
- Tax advice;
- Accounting advice;
- Legal advice; or
- Securities recommendations.
Students are responsible for independently evaluating financial
decisions and should consult an appropriately qualified or licensed
professional where necessary.
Darspath does not guarantee profits, investment returns,
trading results, business income, or other financial outcomes.
Tutors may not make fraudulent, deceptive, or misleading guarantees
regarding income, profits, investment returns, trading performance,
or other financial results.
16.2 Other Regulated Professional Services
Educational information provided through Darspath is not a substitute
for individualized advice, diagnosis, treatment, or professional
services from appropriately qualified or licensed:
- Medical professionals;
- Mental-health professionals;
- Attorneys;
- Accountants;
- Tax professionals;
- Financial professionals; or
- Other regulated professionals.
An Tutor's presence on Darspath does not mean Darspath
has licensed or authorized that Tutor to provide regulated
professional services.
17. Limitation of Liability
To the maximum extent permitted by applicable law, Darspath will not be
liable for indirect, incidental, special, consequential, exemplary,
or punitive damages arising from or relating to the Platform.
To the maximum extent permitted by applicable law, Darspath is not
responsible for losses resulting from:
- Decisions based on educational information;
- Student conduct;
- Tutor conduct;
- Tutor representations not authorized by Darspath;
- Internet or device failures;
- Third-party service failures;
- Educational outcomes;
- Business decisions;
- Investment decisions;
- Trading decisions; or
- Violations of these Terms by another user.
To the maximum extent permitted by applicable law, Darspath's aggregate
liability for claims arising from or relating to the Platform will not
exceed the greater of:
(a) the amount the claimant paid directly to Darspath
during the three months preceding the event giving rise to the claim;
(b) $100 USD.
Some jurisdictions do not permit certain exclusions or limitations
of liability. Where applicable, these limitations apply only to the
maximum extent permitted by law.
18. Indemnification
To the extent permitted by applicable law, you agree to defend,
indemnify, and hold harmless Darspath and its owners, operators,
affiliates, officers, employees, and agents from claims, liabilities,
losses, damages, and reasonable expenses arising from or relating to:
- Your use of the Platform;
- Your content;
- Educational services you provide through the Platform;
- Your conduct;
- Your infringement or violation of another person's rights;
- Your violation of these Terms; or
- Your violation of applicable law.
19. Suspension and Termination
Darspath may investigate, restrict, suspend, or terminate an account
where Darspath reasonably believes:
- These Terms have been violated;
- Fraud or payment abuse has occurred;
- An Tutor provided false or misleading qualifications;
- A user presents a safety or security risk;
- An Tutor repeatedly fails to deliver booked services;
- A user manipulates reviews or Platform systems;
- A user engages in prohibited circumvention;
- Continued access could harm Students, Tutors, Darspath, or third parties; or
- Action is required by applicable law.
Darspath may issue warnings or provide an opportunity to resolve
a violation where appropriate.
Serious violations may result in immediate suspension or termination.
Students and Tutors may stop using the Platform at any time.
Termination does not automatically eliminate payment obligations,
refund obligations, disputes, liabilities, or other responsibilities
arising before termination.
20. Changes to the Platform and These Terms
Darspath may modify its:
- Platform functionality;
- Subject categories;
- Marketplace rules;
- Payment methods;
- Payout procedures;
- Fees;
- Tutor requirements;
- Policies; or
- These Terms.
When these Terms are materially changed, Darspath may provide
notice through the Platform, email, or another reasonable method
and update the effective date.
Changes generally apply prospectively unless applicable law requires otherwise.
Continued use of Darspath after updated Terms become effective
constitutes acceptance of the updated Terms to the extent permitted
by applicable law.
21. Governing Law and Venue
These Terms are governed by the laws of the
State of Washington, United States,
without regard to conflict-of-law principles.
To the extent permitted by applicable law, disputes arising from
or relating to these Terms or the Platform will be brought in an
appropriate state or federal court located in Washington State.
Nothing in this section eliminates consumer rights or other legal
protections that cannot lawfully be waived under applicable law.
