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Bookedu Terms of Service

This translation is provided for convenience. The Polish version is legally binding.

Effective from: —

Last updated: —

§ 1. General provisions

1. These Terms of Service set out the rules for using the Bookedu online service, available at www.bookedu.pl, in particular the rules for:

  • creating and maintaining an Account;
  • publishing Tutor Profiles;
  • searching for Tutors;
  • booking Lessons;
  • keeping a calendar and managing availability;
  • communication between Users;
  • sharing materials, notes and assignments;
  • posting reviews;
  • submitting complaints;
  • suspending and deleting Accounts.

2. The Service Provider and owner of the Service is:

— sp. z o.o.
with its registered office in —
address: —
KRS (National Court Register number): —
NIP (tax identification number): —
REGON (statistical number): —
email address: pomoc@bookedu.pl

hereinafter referred to as ‘Bookedu’.

3. These Terms of Service are made available free of charge in a form that allows them to be downloaded, saved, reproduced and recorded.

4. A condition for creating an Account is reading these Terms of Service and accepting their content.

5. Use of the Service requires compliance with these Terms of Service and with generally applicable law.

§ 2. Definitions

For the purposes of these Terms of Service:

  • Bookedu – — sp. z o.o., the provider of the Service.
  • Service – the Bookedu online platform available at www.bookedu.pl, together with the features made available to Users.
  • User – a person using the Service, regardless of whether they have an Account.
  • Account – an individual part of the Service assigned to a specific User.
  • Student – a User who uses the Service in order to find a Tutor, make a booking or take Lessons.
  • Tutor – a User offering educational or tutoring services through the Service.
  • Tutor Profile – a publicly available part of the Service containing information about a Tutor’s offer.
  • Lesson – educational classes agreed between a Student and a Tutor and booked through Bookedu.
  • Booking – a request for a selected Lesson date and time made through the Service.
  • Materials – content shared by Users through the Service, including documents, photos, assignments, notes, links and other files.
  • Contract for the Provision of Electronic Services – a contract between Bookedu and a User concerning the use of the Service.
  • Lesson Contract – a contract for the delivery of a specific Lesson, concluded directly between a Student and a Tutor.
  • Consumer – a natural person performing a legal transaction not directly connected with their business or professional activity.

§ 3. Nature of Bookedu

1. Bookedu is an online platform that enables contact between Students and Tutors and the organisation of tutoring.

2. In particular, Bookedu provides tools that enable:

  • searching for Tutors;
  • publishing offers;
  • presenting available dates and times;
  • making Bookings;
  • keeping a calendar;
  • communication between Users;
  • organising online Lessons;
  • storing Materials;
  • taking notes;
  • assigning tasks;
  • tracking Lesson history;
  • posting reviews.

3. Unless expressly stated otherwise, Bookedu is not a party to the Lesson Contract concluded between a Student and a Tutor.

4. The Tutor provides educational services in their own name and at their own responsibility.

5. Bookedu is not the employer, principal or representative of the Tutor.

6. Bookedu does not guarantee that the Student will achieve any particular exam result, school grade, level of knowledge or other educational outcome.

7. Terms such as ‘verified Tutor’ may be used only to the extent corresponding to a verification procedure actually carried out by Bookedu.

§ 4. Services provided by electronic means

1. Bookedu provides, among others, the following services by electronic means:

  • access to the Service;
  • creating and maintaining an Account;
  • creating a Tutor Profile;
  • publishing offers;
  • searching for and filtering Tutors;
  • managing availability and the calendar;
  • making Bookings;
  • managing Lesson history;
  • communication between Users;
  • storing and sharing Materials;
  • creating notes and assignments;
  • posting and publishing reviews;
  • sending notifications relating to the use of the Service.

2. The Contract for the Provision of Electronic Services is concluded at the moment of:

  • starting to use a given feature of the Service – for features that do not require an Account; or
  • successful registration of an Account – for services that require logging in.

3. The contract for maintaining an Account is concluded for an indefinite period.

4. The User may terminate it at any time by deleting their Account or by contacting Bookedu.

§ 5. Technical requirements

1. To use the Service, the following are required:

  • a device with internet access;
  • an up-to-date web browser;
  • an active email address, for registration;
  • support for strictly necessary cookies enabled;
  • JavaScript to the extent required by the Service.

2. Online Lessons may additionally require:

  • a device equipped with a microphone;
  • a camera, if the parties wish to use one;
  • speakers or headphones;
  • an adequate internet connection;
  • an account with, or the app of, an external video-conferencing provider, if required by that provider.

3. The User is responsible for ensuring a compatible device and internet connection.

§ 6. Registration and Account

1. Creating an Account is voluntary and free of charge.

2. The User must provide data that is truthful, up to date and not misleading.

3. One person should not create multiple Accounts in order to:

  • circumvent the Service’s restrictions;
  • manipulate reviews;
  • evade an Account suspension;
  • influence statistics;
  • engage in activities contrary to these Terms of Service.

4. The User is responsible for the security of their login credentials.

5. The User may not share their Account with third parties in a way that enables them to impersonate the Account holder.

6. If unauthorised access is suspected, the User should immediately:

  • change their password;
  • contact Bookedu.

7. Bookedu may require confirmation of the email address, phone number or other information necessary to secure the Account.

§ 7. Student Account

1. A Student Account enables, in particular:

  • searching for Tutors;
  • browsing offers;
  • making Bookings;
  • managing Lessons;
  • adding Tutors to saved ones;
  • using messages;
  • using notes and Materials;
  • completing assignments;
  • posting reviews after a Lesson.

2. The Student must use the Service in accordance with its intended purpose.

§ 8. Tutor Account and Profile

1. A Tutor may create a Profile containing information about the services they provide.

2. The Tutor is responsible for the accuracy, completeness and timeliness of the information in their Profile.

3. In particular, the Tutor must correctly state:

  • the subjects offered;
  • the teaching level;
  • the price;
  • the duration of Lessons;
  • how Lessons are conducted;
  • availability.

4. The Tutor may not present:

  • non-existent qualifications;
  • professional or academic titles they have not obtained;
  • false experience;
  • other people’s reviews as their own;
  • information that may mislead the Student.

5. Bookedu may ask the Tutor for documents or information enabling verification of the qualifications they have stated.

6. The mere fact of having a Profile does not mean that Bookedu has confirmed all the information provided by the Tutor, unless a specific item of information is expressly marked as verified.

§ 9. Search and ranking of offers

1. The User may search for Tutors using the available parameters, such as:

  • subject;
  • level;
  • price;
  • availability;
  • lesson format;
  • rating.

2. The order in which Tutors are presented may take into account, among other things:

  • relevance to the search criteria;
  • availability of dates and times;
  • Profile completeness;
  • rating and number of reviews;
  • number of completed Bookings;
  • the Tutor’s activity;
  • cancellation history;
  • other parameters affecting how well an offer matches the query.

3. Bookedu may change how the search mechanism works in order to improve the quality of results.

4. If paid Profile promotion is introduced in the future, promoted offers will be marked accordingly.

§ 10. Availability and Booking of Lessons

1. The Tutor determines the available dates and times themselves.

2. The Student makes a Booking by selecting:

  • the Tutor;
  • the subject or type of Lesson;
  • the date and time;
  • the duration;
  • other available parameters.

3. Before making a Booking, the Student receives information concerning at least:

  • the Tutor;
  • the date and time;
  • the length of the Lesson;
  • the price stated by the Tutor.

4. The Booking is confirmed as indicated in the message displayed in the Service.

5. Once a Booking has been made, the slot may be blocked in the Tutor’s calendar.

6. Users must attend the Lesson on time.

§ 11. Recurring Lessons

1. The Service may allow Lessons to be set up to recur on a regular basis.

2. Before activating a series, the User receives information about its frequency.

3. The User may end a series of Lessons under the rules available in the Service.

4. Ending a series does not automatically cancel Lessons that, in accordance with the rules displayed to the User, have already been individually confirmed.

§ 12. Cancelling and rescheduling Lessons

1. The Student and the Tutor may reschedule or cancel a Lesson using the features made available in the Service.

2. As a rule, a Lesson may be rescheduled or cancelled without restriction no later than 24 hours before it starts, unless different conditions are specified for the Booking in question.

3. If fewer than 24 hours remain before the Lesson starts, the ability to reschedule it yourself may be restricted.

4. In justified cases, the Tutor may agree to reschedule or cancel a Lesson even after the deadline referred to above has passed.

5. Until Bookedu launches payments, this provision does not set out rules for charging fees for late cancellation.

6. Financial rules on cancellation will be introduced before the payment system is launched.

§ 13. Online Lessons

1. Lessons may take place using external video-conferencing tools, in particular:

  • Google Meet;
  • Microsoft Teams;
  • another tool designated by the Tutor or Bookedu.

2. Bookedu may automatically generate or store a meeting link.

3. Use of an external provider’s service may also be subject to that provider’s terms of service and privacy policy.

4. Bookedu does not guarantee the uninterrupted operation of services provided by third parties.

5. Bookedu does not record Lessons, unless such a feature is introduced in the future after Users have been duly informed.

§ 14. Payments

1. As at the date these Terms of Service enter into force, Bookedu does not act as an intermediary in payments for Lessons.

2. The price shown in the Profile is the price set by the Tutor.

3. The Student and the Tutor agree between themselves how the Lesson price is to be settled outside Bookedu.

4. Bookedu does not currently accept funds due to the Tutor and does not make payouts.

5. Before payments are launched in the Service, these Terms of Service will be amended accordingly and will specify, in particular:

  • the payment operator;
  • the method of payment;
  • the amount of Bookedu’s commission and how it is calculated;
  • payout terms;
  • refund rules;
  • the consequences of cancelling or not attending a Lesson;
  • rules for payment complaints.

§ 15. Messages

1. Users may use the communication features only for lawful purposes related to the use of Bookedu.

2. It is prohibited to send:

  • spam;
  • unlawful content;
  • threats;
  • content that infringes personal rights;
  • malware;
  • attempts to obtain data fraudulently;
  • content that infringes the rights of third parties.

3. Bookedu may take action concerning content in the cases provided for by law and by these Terms of Service.

§ 16. Materials, notes and assignments

1. The User may post learning-related Materials in the Service.

2. The User declares that they hold the rights or other grounds enabling them to use the Materials they add.

3. Posting Material does not transfer copyright to Bookedu.

4. The User grants Bookedu a non-exclusive, free-of-charge authorisation for the technical:

  • storage;
  • copying;
  • display;
  • transmission

of the Material solely to the extent necessary to provide the services of the Service.

5. The User may not share content:

  • infringing copyright;
  • unlawfully obtained;
  • that is offensive or defamatory;
  • infringing the privacy of others;
  • containing malware.

§ 17. Reviews

1. A review of a Tutor may be posted by a Student who has taken, or had booked, a relevant Lesson on Bookedu in accordance with the rules of the Service.

2. Reviews should relate to the Student’s actual experience.

3. The following are prohibited:

  • publishing fake reviews;
  • reviewing oneself;
  • buying reviews;
  • arranging fictitious Lessons in order to increase the number of reviews;
  • offering benefits in exchange for specific review content.

4. Bookedu may mark reviews as originating from a Lesson booked through the Service.

5. Bookedu may remove or restrict the visibility of a review that infringes the law or these Terms of Service.

6. A negative rating in itself does not constitute grounds for removing a review.

§ 18. Prohibited content

1. It is prohibited to transmit content of an unlawful nature through the Service.

2. In particular, it is prohibited to transmit content:

  • infringing copyright;
  • inciting violence;
  • containing threats;
  • that is defamatory;
  • that is fraudulent;
  • impersonating other people;
  • infringing privacy;
  • used for phishing or distributing malware;
  • infringing laws on the protection of minors.

3. Information about content that may be unlawful can be sent to: pomoc@bookedu.pl

4. Where possible, a report should include:

  • identification of the specific content;
  • its location or URL;
  • the reasons for the report;
  • the reporting person’s contact details, if required;
  • a statement that the report is made in good faith.

5. Bookedu handles reports with due diligence, objectively and proportionately.

§ 19. Moderation and action concerning Accounts

1. Where justified, Bookedu may:

  • remove specific content;
  • restrict its visibility;
  • block a specific feature;
  • temporarily suspend an Account;
  • permanently delete an Account.

2. Action may be taken in particular in the event of:

  • a breach of these Terms of Service;
  • a breach of the law;
  • fraud;
  • impersonation of another person;
  • attempts to manipulate the rating system;
  • activity that threatens security;
  • persistent violation of the rules of the Service.

3. When taking action, Bookedu takes into account the nature, seriousness, frequency and consequences of the violation.

4. Where required by law, the User will be informed of the reasons for the decision and of the available means of appeal.

§ 20. Suspension and deletion of Accounts

1. The User may stop using Bookedu at any time.

2. Bookedu may terminate the contract or restrict an Account in the cases specified in these Terms of Service or by law.

3. If the nature of the violation allows it to be remedied, Bookedu may, before imposing a permanent block, call on the User to cease the violation.

4. Immediate action is permissible in particular where it is necessary for reasons of:

  • security;
  • the protection of other Users;
  • legal requirements;
  • fraud;
  • a serious or repeated breach of these Terms of Service.

§ 21. Special rules for Tutors who are business operators

1. If a Tutor uses Bookedu in connection with their business activity, they should inform Bookedu of this and provide the data required by law.

2. To the extent that Regulation (EU) 2019/1150 applies to the relationship between Bookedu and such a Tutor, Bookedu ensures the rights provided for in that Regulation.

3. Material changes to these Terms of Service affecting business users will be communicated with the advance notice required by law.

4. In the event of a permanent termination of the provision of the entire service to a Tutor who is a business user, the notice periods and exceptions under applicable law apply.

§ 22. Minors

1. Bookedu is a platform that may be used by students who are minors.

2. A person who does not have full legal capacity may use the Service only to the extent permitted by law and — where required — with the consent or participation of a parent or legal guardian.

3. A User under the age of 16 should use Bookedu with the involvement of a parent or legal guardian, in particular for actions that require their consent.

4. In justified cases, Bookedu may ask for confirmation of the involvement of a parent or guardian.

5. A parent or guardian may report problems concerning a minor’s Account to: pomoc@bookedu.pl

§ 23. Tutor’s obligations

In particular, the Tutor must:

1. conduct Lessons with due diligence;

2. keep to the agreed dates and times;

3. keep their calendar up to date;

4. inform the Student without delay if a Lesson cannot take place;

5. maintain appropriate standards of communication;

6. respect Students’ privacy;

7. independently fulfil their public-law, tax and accounting obligations relating to their activity or the income they earn;

8. comply with the laws applicable to the services they offer.

§ 24. Student’s obligations

In particular, the Student must:

1. make Bookings in good faith;

2. attend the arranged Lessons;

3. give appropriate advance notice of cancellation or rescheduling;

4. behave towards the Tutor lawfully and in accordance with the principles of social coexistence;

5. not record the Tutor or the Lesson without a legal basis or the required consent;

6. not distribute Materials received from the Tutor without authorisation.

§ 25. Liability of Bookedu

1. Bookedu is liable for the proper provision of its own electronic services on the terms laid down by applicable law.

2. Bookedu does not itself provide tutoring services, unless expressly stated otherwise for a specific service.

3. Bookedu is not liable for the substantive quality of a Lesson delivered by an independent Tutor, save for cases in which Bookedu’s liability arises directly from the law.

4. Bookedu is not liable for:

  • outages on the part of the User’s internet provider;
  • failure of the User’s device;
  • unavailability of an external video-conferencing tool;
  • the User’s provision of untrue information;

unless Bookedu’s liability arises from mandatory provisions of law.

5. No provision of these Terms of Service excludes or limits liability that cannot be excluded or limited by law, in particular the rights of a Consumer.

§ 26. Bookedu’s intellectual property rights

1. The rights to the Service, its code, graphic layout, marks, logos and materials prepared by Bookedu belong to Bookedu or the relevant licensors.

2. Use of the Service does not mean that the User acquires any rights to these elements.

3. Without an appropriate legal basis, the following in particular are not permitted:

  • copying the Service;
  • using its marks;
  • automated large-scale data collection;
  • circumventing security measures;
  • interfering with the code or infrastructure;
  • using the Service in a way that may disrupt its operation.

§ 27. Complaints concerning Bookedu

1. Complaints concerning the operation of the Service can be sent to: pomoc@bookedu.pl

2. Where possible, a complaint should include:

  • data enabling the User to be identified;
  • a description of the problem;
  • an indication of the feature concerned;
  • the expected way of resolving the matter.

3. Bookedu may ask for additional information if it is necessary to process the complaint.

4. The complaint will be dealt with without undue delay and, as a rule, no later than within 14 days, unless a specific legal provision lays down a different time limit.

5. The response will be sent to the email address assigned to the Account or to another address indicated by the User.

§ 28. Complaints concerning Lessons

1. If the problem concerns the way the Tutor conducted the Lesson, the Student should first raise the matter with the Tutor.

2. Users may also contact Bookedu in the event of:

  • the Tutor’s absence from a Lesson;
  • a serious breach of the rules of the Service;
  • fraud;
  • inappropriate behaviour;
  • a threat to safety.

3. Bookedu may take action concerning an Account or Profile regardless of any civil dispute between the Student and the Tutor.

§ 29. Right of withdrawal

1. A User who is a Consumer may exercise the rights provided for in the Polish Consumer Rights Act (ustawa o prawach konsumenta) to the extent that it applies to the contract in question.

2. Notwithstanding the above, the User may give up their free Bookedu Account at any time in accordance with these Terms of Service.

3. A Consumer’s rights under mandatory provisions of law are not limited by these Terms of Service.

§ 30. Personal data

1. The rules for processing personal data are described in the Bookedu Privacy Policy.

2. The Privacy Policy is available at: www.bookedu.pl/polityka-prywatnosci

3. The Privacy Policy does not constitute grounds for limiting rights arising from these Terms of Service or from the law.

§ 31. Changes to the Terms of Service

1. Bookedu may amend these Terms of Service for important reasons, in particular in the event of:

  • changes in the law;
  • the introduction of new features;
  • the launch of payments;
  • a change in the Service’s operating model;
  • the need to increase security;
  • a change in technology or providers affecting Users’ rights.

2. Bookedu will inform registered Users of material changes affecting them with appropriate advance notice via:

  • email;
  • the Account;
  • a notice in the Service.

3. Changes do not affect rights acquired by the User before they enter into force.

4. If the User does not accept changes concerning services provided for an indefinite period, they may stop using the Service.

5. For Tutors who are business users, the notice periods required by law also apply.

§ 32. Availability of the Service

1. Bookedu takes steps to ensure the proper and continuous availability of the Service.

2. The Service may be temporarily unavailable due to:

  • maintenance;
  • updates;
  • failures;
  • security-related activities;
  • events beyond Bookedu’s reasonable control.

3. Where possible, planned work that significantly affects the availability of the Service will be carried out in a way that minimises inconvenience to Users.

§ 33. Final provisions

1. These Terms of Service are governed by Polish law.

2. The choice of Polish law does not deprive the Consumer of the protection afforded to them by mandatory provisions of law that would apply irrespective of such a choice.

3. Matters not regulated by these Terms of Service are governed by the relevant provisions of Polish law and European Union law.

4. If any provision of these Terms of Service proves invalid or ineffective, this does not affect the validity of the remaining provisions, unless the law provides otherwise.

5. The current version of these Terms of Service is available free of charge at: www.bookedu.pl/regulamin

6. Contact with Bookedu:

— sp. z o.o.
address: —
KRS (National Court Register number): —
NIP (tax identification number): —
REGON (statistical number): —
pomoc@bookedu.pl