General Terms and Conditions of EduQuant
As of January 2023
1. Scope and Contracting Parties
1.1 These General Terms and Conditions (GTC) govern the rights and obligations associated with the use of the platform available at 'app.eduquant.ch' (platform) as well as the utilization of the services offered through the platform, i.e., in particular, the provision of tutoring services by tutors in specific time units (tutoring services) or other services or products (products) (together: services).
1.2 These GTC therefore apply to all legal relationships between EduQuant AG (Forchstrasse 76, 8008 Zurich; platform operator, we) and the users of the platform, namely the tutors and the users who receive tutoring services (students).
1.3 The tutoring services offered through the platform are aimed at students in Switzerland.
2. Provision of the Platform
2.1 Aside from offering selected products (Section 14), our service consists of providing the platform for retrieval and use on the internet in its current version. The platform allows tutors to offer and provide tutoring services, and students to search, book, and receive tutoring services.
2.2 The provision of the platform is indefinite but may be discontinued, restricted, or modified at any time without compensation in accordance with these GTC and particularly the termination provision (Section 18). The obligations of the platform operator are defined exclusively by these GTC. In particular, using the platform at a specific time, for a certain duration, or with specific functionalities or features does not establish any right to continue using the platform or those features or functionalities.
3. Conclusion of the User Agreement between the Platform Operator and Users
3.1 The presentation of the platform in the publicly accessible area constitutes a non-binding invitation to conclude a contract for the use of the platform. By completing the registration input fields, the user submits a request to the platform operator to open a user account and thereby conclude a user agreement. The specific process is as follows:
The student first provides their first name, last name, email address, and password. In the second step, they provide their current program of study (including the current semester), the subject for which tutoring is required, and optional comments/questions. By clicking the 'Register' button, the user agrees to the GTC and the Privacy Policy. In a final step, a confirmation email is sent. For purchasing lessons on the platform, or 'recharging credits,' the student selects one of the available lesson packages and is redirected to the shopping cart, where they must enter their address once and review the order summary. By clicking the 'Proceed to Payment' button, the student is redirected to the payment service provider Payrexx. After payment, the student is redirected back to the dashboard.
The tutor first provides their first name, last name, email address, and password. In the second step, they specify their academic degree and subject, the subjects they wish to teach, and optionally share more about themselves. By clicking the 'Register' button, the user agrees to the GTC and Privacy Policy. In a final step, a confirmation email is sent. A personal interview is then conducted via Zoom. Afterward, the tutor is added to the pool and notified via the platform and email when a new student registers. The tutor who accepts the request first is matched with the student. Before the tutor can request their first payout, they must provide their IBAN number and address.
3.2 The platform operator reserves the right to reject user requests, especially if they do not meet the registration requirements defined in these GTC, and may do so silently and without justification. Acceptance of a request and thus the conclusion of the contract occurs through notification of successful registration on the platform.
4. Requirements for Student Registration
4.1 Opening a user account and thus using the platform as a student is only possible for individuals who are of legal age and capable of judgment, thereby fully competent to act. Exceptions to this rule are decided by the platform operator on a case-by-case basis and only based on a written consent from a legal guardian if applicable.
5. Requirements for Tutor Registration
5.1 Opening a user account and thus using the platform as a tutor is subject to the following conditions.
5.2 Only tutors who are sufficiently qualified for the services they offer are admitted to the platform. This is verified in a personal interview with the tutor. Even with (objectively) present qualifications, there is no entitlement to registration, and the platform operator decides (subjectively) on qualification at its sole discretion, taking into account factors such as:
Planned services meet customer needs;
Existing supply and demand;
Education and training (including proof of degree, certificates, etc.);
Professional experience and career path.
5.3 Registration as a tutor also requires that the tutor has appropriate hardware with a camera, microphone, and broadband internet, as well as a basic level of IT user skills.
5.4 The platform operator reserves the right to verify compliance with the requirements before deciding on admission, for example, through a test session.
5.5 The platform operator may refuse registration without providing reasons.
6. General Obligations of Users
6.1 Every user agrees to comply with all applicable legal regulations and all guidelines and rules of the platform operator, particularly these Terms and Conditions, when using the platform.
6.2 Mutual trust and the protection of personality and personal data are also central to the use of the platform. Just as the platform operator complies with applicable data protection regulations in processing personal data and provides transparent information in its Privacy Policy
6.3 The contract with the platform operator is non-transferable to third parties. Therefore, login data must be kept confidential and must not be shared with others.
6.4 Beyond adhering to legal and contractual provisions, users commit to fairness when using the platform, especially in interactions with other users. Fairness also includes punctuality. Repeated or severe violations of fairness or abusive behavior while using the platform, particularly using the platform for purposes other than receiving allowed services, will not be tolerated and may result in exclusion from the platform.
6.5 The platform operator may define the rules of fairness in more detail in a code of conduct available on the platform.
7. Obligations of Students
7.1 Registration on the platform is free of charge. A financial obligation arises only in the case of binding bookings or orders of services (see Section 9.1).
7.2 When using the review function, applicable legal regulations must be observed, including, in particular, criminal law provisions protecting honor and regulations protecting personal rights. For example, unnecessarily offensive or unobjective opinions, the publication of confidential information, and false statements of any kind are prohibited. Corresponding comments on a review will be removed if requested by the affected person. Furthermore, providing reviews in exchange for any kind of benefit is prohibited, and the review must reflect the independent and freely formed opinion of the user. If there is a suspicion that a review has been 'bought' in this sense, the review (including the comment) will be deleted.
8. Obligations of Tutors
8.1 Within the framework set by these Terms and Conditions, tutors are free to design their offers both on and outside the platform. Tutors are not subject to any exclusivity obligation towards the platform operator. Tutors are free to offer their services through other channels and set the conditions, including the prices, for these services.
8.2 Tutors remain independent regarding their time management, work organization, and methods, and are not obligated to accept requests. However, the platform operator may provide incentives to influence tutor availability. Tutors are also committed to fulfilling agreements with end customers and ensuring that booked tutoring services are conducted punctually.
8.3 Providing tutoring services through the platform is not intended as a full-time activity. The platform operator reserves the right to limit the maximum number of tutoring sessions that can be provided per month. Tutors have no legal claim to being assigned tutoring services. Tutors confirm that they are not subject to VAT. If a tutor is nevertheless subject to VAT, they are responsible for collecting and remitting VAT themselves.
8.4 Tutors must provide their own equipment necessary for conducting tutoring services. This includes hardware for online tutoring sessions and teaching materials. If the platform operator develops its own teaching materials or provides other materials, their use is voluntary.
8.5 The platform operator charges tutors a flat fee of CHF 2 per session for providing the infrastructure (platform) and teaching materials.
8.6 Tutors must ensure that no third-party rights of any kind conflict with the use of teaching materials they provide.
8.7 Tutors are also permitted to provide services to students they acquired through the platform outside the platform. If a tutor provides services outside the platform to students they acquired through the platform, the tutor is obligated to promptly inform the platform operator. Furthermore, the tutor must account for all services provided to students acquired through the platform and pay a commission of 30% of the total amount of these services to the platform operator. If the tutor violates these obligations, the platform operator may exclude the tutor from future use of the platform and/or withhold pending payments to the tutor until it is clarified how much commission is owed to the platform operator. The obligations outlined in this section remain in effect for one (1) year after termination of the contract.
8.8 Tutors agree to develop and improve their skills to maintain at least the qualifications and level they demonstrated during registration. They commit to promptly informing the platform operator and students about the loss of qualifications, especially degrees and certifications, as well as changes to their qualifications.
8.9 When advertising their services on the platform, tutors must coordinate with the platform operator in advance. Tutors are encouraged to participate in marketing campaigns to a reasonable extent. Advertising services on the platform, particularly the use of the platform operator's name, logo, and other content, is only permitted in accordance with the image, quality expectations, and applicable legal regulations.
9. Tutoring Credit
9.1 Before booking tutoring services, students are required to top up their tutoring credit. The credit is displayed as the number of available lessons. For each 45-minute lesson conducted, one lesson will be deducted from the student’s credit. Credit can be topped up via the platform by purchasing single lessons or lesson packages. If the student does not have sufficient credit for upcoming lessons, access to the Zoom meeting with the tutor will be denied. As a general rule, tutoring credit must be used within three (3) years, or it will expire. The platform operator may decide, at its discretion, to refund unused credit, but after the three-year period, there is no entitlement to a refund.
9.2 The current balance of tutoring credit can always be viewed on the platform and recharged as needed.
10. Booking Tutoring Services
10.1 Students can book tutoring services through the platform up to the extent of their available credit. To book tutoring services, the student submits a request via the platform, which becomes a binding application for a contract when they click the appropriately marked button. The request is then forwarded to the preferred tutor or a tutor contacted by the platform. If the tutor accepts the request, the booking is confirmed by the platform, and the amount for the booked tutoring service is blocked in the student’s credit.
Students are matched with a tutor for each subject. However, students may also switch tutors within an existing subject. The match with the current tutor will then be dissolved, and matchmaking will restart. After a trial lesson, the tutor and student plan the next lessons together and enter them into the platform. Each lesson conducted will be deducted from the student’s credit.
10.2 Students can express preferences for a specific tutor, but they are not entitled to receive tutoring services from a particular tutor.
11. Cancellation and Missed Tutoring Services
11.1 Booked tutoring service appointments must generally be adhered to. If a tutoring service is canceled by the student at least 24 hours before the scheduled time via the platform, no charge will be made. If the tutoring service is canceled within 24 hours before the scheduled time via the platform, the service will be charged. If the student does not attend the lesson, the booked tutoring service will be charged in full. In exceptional cases, the platform operator may waive the charge as a gesture of goodwill. The tutor has the ability to reschedule lessons via the platform. The student can request rescheduling through the platform, which becomes effective when confirmed by the tutor. Students have no right to reschedule a lesson if the request is made within 24 hours of the scheduled time.
11.2 In the case of illness, students must cancel the booked tutoring service as soon as possible. Cancellations due to illness can only be granted full reimbursement if the student provides a medical certificate.
11.3 If the tutor is unable to conduct the booked tutoring service, the platform operator will endeavor to find a replacement in a timely manner. If a suitable replacement tutor cannot be organized promptly, the booked tutoring service will be credited back to the student.
11.4 If the booked tutoring service cannot be conducted due to technical issues, the service will not be charged, provided the technical issues originate from the platform or the tutor. If the technical issue originates from the student, the booked tutoring service will be charged in full. In exceptional cases, the platform operator may waive the charge as a gesture of goodwill.
12. Rules for the Relationship between Tutors and Students
12.1 Tutors design the tutoring services according to their own preferences to best support students in achieving their goals. The platform operator carefully selects tutors and assesses their professional suitability; however, tutors are responsible for the content of their tutoring services.
12.2 Tutors can view their previously provided tutoring services on the platform and issue an invoice to the platform operator. When issuing an invoice through the platform, all tutoring services recorded up to the time of invoicing are considered. Payment for the invoiced tutoring services will be made within 15 days of the invoice being issued.
12.3 Regarding the content of tutoring services, all parties adhere to applicable legal regulations and respect the rights of third parties. The platform operator may prohibit, remove, or prevent the implementation of offers at its discretion, regardless of whether there is a violation or suspicion of one. Explicitly, but not exhaustively, the following content or goals are prohibited:
12.3.1 Offers containing obscene, immoral, or sexual content;
12.3.2 Offers promoting hate, conspiracy theories, or inhumane, racist, or discriminatory content;
12.3.3 Offers with religious content.
13. Special Provisions for the Purchase of Products
13.1 Users have the opportunity to download products (e.g., teaching materials) through the platform.
13.2 The presentation of products constitutes a binding offer, which users accept by placing an order. A binding contract is therefore concluded upon receipt of the order by the provider.
13.3 By placing an order, the user receives a simple, non-exclusive, non-transferable, and non-sublicensable license to use the ordered product exclusively for personal purposes as defined by applicable copyright law in the manner offered.
13.4 Users are allowed to download products once after ordering and store them on their own devices exclusively for personal use. Beyond that, it is particularly prohibited to modify the content or editorial aspects of the products, use altered versions, copy them for third parties, make them publicly accessible or forward them, post them online or in other networks, either for free or for a fee, imitate them, print them, resell them, or use them for commercial purposes. Users are not entitled to further downloads, and the possibility of downloading may be temporarily or permanently discontinued for a significant reason, particularly in cases of alleged or actual legal violations.
13.5 The legal and factual warranty is excluded.
13.6 There is no right of withdrawal, and offsetting user claims against the platform operator is excluded.
14. Intellectual Property Rights
14.1 Unless otherwise agreed between the user and the platform operator, the user grants the platform operator a non-exclusive, royalty-free right to use the content provided by the user. The platform operator is entitled at any time to use, modify, and exploit the content as necessary to provide the platform in accordance with these Terms and Conditions. This includes, in particular, the rights of reproduction, distribution, and public performance, including making the content publicly accessible.
14.2 Users acknowledge that the platform, its contents, and its individual components, such as structure, concept, and appearance, are protected under applicable regulations, and any use of these elements for purposes other than those specified in these Terms and Conditions is prohibited. Users are specifically prohibited from reproducing, distributing, publishing, or imitating these elements unless it aligns with contractual platform usage.
15. Data Protection
15.1 The processing of personal data by the platform operator is explained in the Privacy Policy, which is available here .
15.2 In addition to the already mentioned user obligations (e.g., Sections 6, 7, and 8), it should be emphasized that storing particularly sensitive data on the platform and recording tutoring sessions is only permitted with the explicit consent of the individuals involved. Consent must be based on prior, complete information provided to the affected individual. More information about recording tutoring sessions can be found in our Privacy Policy .
16. Warranty and Liability
16.1 The platform operator endeavors to provide uninterrupted operation of the platform. This naturally applies only to services within the platform operator's control. Users also acknowledge that full, uninterrupted, and unrestricted availability of the platform is technically not feasible, and disruptions cannot be excluded. Therefore, uninterrupted platform operation and availability cannot be guaranteed. The platform operator also reserves the right to limit access to the platform entirely or partially, temporarily or permanently, especially due to maintenance, capacity issues, or events beyond its control. Predictable usage restrictions will be announced to users in advance.
16.2 While the platform operator is authorized to monitor user compliance with these Terms and Conditions, it is not obligated to do so. No warranty, guarantee, or assurance of any kind is provided regarding the quality, safety, suitability, or legality of services offered on the platform or the accuracy of service descriptions, reviews, or other content provided on the platform.
16.3 The platform operator's contractual and non-contractual liability for slight negligence is excluded. Liability for agents and substitutes is fully disclaimed. This exclusion also applies specifically to indirect, consequential damages, and lost profits, except as required by mandatory legal provisions.
17. Indemnification
17.1 Users indemnify the platform operator and its employees or agents against claims from third parties arising from alleged or actual legal violations and/or infringements of third-party rights due to actions taken by users in connection with platform usage and/or content provided by users.
17.2 Users agree to reimburse all costs incurred by the platform operator and its employees or agents due to third-party claims. This includes reasonable legal defense and prosecution costs incurred by the platform operator in defending against third-party claims. The platform operator will promptly inform the affected user of measures for legal defense. The platform operator has sole discretion over the choice of legal defense and legal representation.
17.3 Users agree to assist the platform operator in investigating, defending, or amicably resolving such claims and to participate in relevant proceedings upon the platform operator's request. The platform operator is free to decide how to handle such disputes, including whether to enter into an amicable settlement.
18. Termination and Restriction of Use
18.1 The contract for platform usage is concluded for an indefinite period.
18.2 Users may terminate the contract at any time without providing reasons and request the deactivation of their login credentials. The platform operator may terminate the contract with two weeks' notice to any date. In cases of violations of these Terms and Conditions, termination may be immediate.
18.3 The platform operator also reserves the right to restrict platform usage temporarily instead of termination, e.g., until violations are rectified or their consequences resolved. Such restrictions are also allowed if there is reasonable suspicion of a violation.
18.4 Termination does not affect payment or billing obligations.
18.5 The platform operator may continue to process generated personal data within its legitimate interests and in accordance with the Privacy Policy. Subsequently, the data will be deleted or blocked for further processing as required by retention obligations, and deleted after the retention period.
19. Amendments to the Terms and Conditions
19.1 The platform operator reserves the right to amend these Terms and Conditions with effect for the future at any time. Users will be informed of the changes at least 15 days in advance and notified that the changes will also apply to them unless they exercise their right of termination under Section 19.
19.2 The binding version of the Terms and Conditions is available for viewing and printing on the platform. By logging into the platform, the user agrees to the version of the Terms and Conditions currently in effect.
20. Miscellaneous Provisions
20.1 If any provision of these Terms and Conditions is invalid, incomplete, or unenforceable, or becomes so, the validity and enforceability of the remaining provisions will not be affected. Invalid provisions must be replaced with valid provisions that most closely reflect the original intent and economic purpose of the invalid provision.
20.2 Deviating agreements are only valid if and to the extent that they are explicitly accepted by the platform operator in a form that allows textual proof.
21. Applicable Law and Jurisdiction
21.1 The legal relationships governed by these Terms and Conditions are subject to substantive Swiss law, excluding conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG).
21.2 For all disputes arising from or related to contracts between the platform operator and users, the ordinary courts at the platform operator's registered office shall have exclusive jurisdiction.
21.3 Mandatory provisions and jurisdictions are reserved.