KenyanTutors.com – Terms & Conditions

Effective date: 2 November 2025

Last updated: 2 November 2025

Plain-English summary (not legally binding): KenyanTutors.com (“the Platform”) hosts community learning spaces and a
marketplace where learners can discover, book, and pay tutors. Tutors are independent providers. We charge service
fees and/or commission on transactions. These Terms govern your use of the Platform.

1. Who we are

KenyanTutors.com (the “Platform”, “we”, “us”, or “our”) is an online community and marketplace operated by KenyanTutors (the “Organisation”).

Contact: hello@kenyantutors.com.

2. Acceptance of these Terms

By accessing or using the Platform, creating an account, posting content, making a booking or payment, or otherwise interacting with our services,
you agree to be bound by these Terms and our Privacy Policy (incorporated by reference). If you do not agree, you must not use the Platform.

3. Eligibility

You must be 18 or older to register an account and use paid features. If you are under 18, a parent or legal guardian must create and manage the account, provide any required consents, and supervise use. Tutors must be 18+. We may request age/consent verification and may suspend accounts where verification is not provided.

4. Our Services

1. Community tools. Public/private groups, forums, and messaging for educational support.


2. Marketplace functions. We operate a marketplace that lets learners discover, book, and pay tutors for lessons and other educational services (the “Marketplace”). Unless stated otherwise, we are not a party to the lesson contract between tutor and learner/parent.


3. Payments & fees. Payments are processed by us and/or third-party payment processors (“Payment Partners”). We may charge service fees and/or commission to learners and/or tutors; applicable fees are shown at checkout and/or in your dashboard.


4. Independent tutors. Tutors are independent providers, not our employees, agents, or partners. They control how, when, and where they provide services.


5. AI/experimental features & automated recommendations. AI outputs may be inaccurate; you are responsible for use/verification. We may provide automated recommendations (e.g., tutor suggestions) based on your preferences, activity, and availability. EU/UK users can request a plain explanation of key input factors or contest a recommendation via hello@kenyantutors.com.

5. Accounts & Security

1. Registration. Provide accurate information, secure your credentials, and keep details updated.


2. Responsibility. You are responsible for all activity under your account. Notify us of unauthorised use.


3. No evasion. Do not share your account or create multiple accounts to evade moderation.

6. User Content & Licence

1. Your content. You retain rights in content you post (“User Content”).


2. Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, publish, display, and distribute your User Content solely to operate, improve, and promote the Platform (including backups/derivative formats). The licence ends when you delete the content, except where shared, archived, or legally required.


3. Responsibility. You are solely responsible for your User Content and permissions.


4. Feedback. Suggestions/feedback may be used by us without restriction or compensation.

7. Acceptable Use

You agree not to:

• post or solicit unlawful, defamatory, harassing, hateful, discriminatory, sexually explicit, or otherwise inappropriate content;


• target/contact minors in unsafe or inappropriate ways; impersonate others; infringe IP/privacy rights; misrepresent qualifications;


• share paid-exam answers, enable cheating, or plagiarise;


• spam, scrape, data-mine personal data, reverse-engineer, or upload malware;


• use bots without permission; or use the Marketplace for prohibited/illegal transactions (including adult services) or activities restricted by Payment Partners.

8. Educational Safety & Professional Conduct (Tutors)

• Act professionally and lawfully; represent qualifications and pricing accurately.


• Avoid regulated advice (medical, legal, financial, etc.) unless qualified and permitted.


• Deliver lessons as advertised; honour bookings, cancellations, and refunds set out in these Terms.


• Maintain suitable equipment/connectivity; comply with safeguarding duties.


• Follow any Tutor Addendum covering payouts, commission, cancellations, KYC/AML, and quality standards.

9. Third-Party Services & Off-Platform Arrangements

Links to third-party tools (messaging, scheduling, payments) are for convenience only. We don’t control or endorse them and aren’t liable for their use.
Any arrangement off-platform is solely between the parties involved.

10. Intellectual Property

1. Our IP. The Platform (software, design, trademarks, and our content) is owned by us or our licensors and protected by law.


2. Limited licence. Personal, non-exclusive, non-transferable licence to use the Platform per these Terms.


3. Notice & takedown / DMCA. Email hello@kenyantutors.com with rights proof and precise location. U.S. users may submit a DMCA notice to the same address.


4. Tutor materials. Tutors own lesson materials; learners receive a limited, personal licence for private study only. Re-sale/public distribution without permission is prohibited.

11. Privacy & Data Protection

Use is also governed by our Privacy Policy. We process data to operate/secure the Platform, prevent fraud, facilitate payments, and comply with law
(including KYC/AML by Payment Partners).

Regional compliance: Kenya Data Protection Act 2019; UK GDPR/Data Protection Act 2018; EU GDPR; and where applicable CCPA/CPRA.

Tutor data role. Tutors may receive personal data (e.g., learner name, schedule) to deliver lessons. Tutors act as independent data controllers for that data and must comply with applicable law. We may provide a Platform–Tutor Data Sharing Addendum describing roles, lawful bases, security, and retention expectations.

Recordings & logs. KenyanTutors does not monitor sessions live. If a participant starts a recording using Platform features (or where local law allows and required consents are captured), we may store that recording and related chat logs solely for quality, safety, and dispute resolution. Access is limited to the session participants (and, for minors, their parent/guardian) and authorised staff where necessary. See the Privacy Policy for legal bases, retention, and your choices. You must not publicly share or republish recordings we provide to you.

12. Suspension & Termination

We may suspend or terminate access (with or without notice) for breaches, risks to users, fraud, non-payment, or legal requirements. Provisions on IP, fees, refunds, liability,
dispute resolution, and privacy survive termination.

13. Disclaimers

1. As-is service. Provided “as is” and “as available” without warranties.


2. No professional advice. Content (including AI outputs) is informational/educational, not professional advice.


3. Independent users. Tutors/learners act independently; outcomes aren’t guaranteed.

14. Limitation of Liability

To the maximum extent permitted by law, we and our affiliates/officers/employees/agents are not liable for indirect, incidental, special,
consequential, or punitive damages, or for lost profits, revenues, data, goodwill, or business interruption. Our total liability for any claim relating to the
Platform shall not exceed (a) the total fees you paid us in the 12 months before the claim or USD 100—whichever is greater.

Carve-outs: Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law. Some jurisdictions limit exclusions; where so, our liability is limited to the minimum extent permitted.

15. Indemnity

You will indemnify and hold harmless the Organisation and its affiliates/officers/employees/agents from claims, damages, losses, and expenses
(including reasonable legal fees) arising out of or related to your use of the Platform, your User Content, your breach of these Terms, or your off-platform dealings.

16. Changes to the Platform & Terms

We may modify the Platform and these Terms. Material changes are posted with a new effective date (and additional notice where appropriate).
By continuing to use the Platform after changes take effect, you accept the revised Terms. Changes to fees, payouts, or refund rules
will have reasonable notice where required by law.

17. Governing Law & Dispute Resolution

Consumers vs business users. “Consumer” means a natural person acting wholly/mainly outside their trade or profession. Nothing here removes
mandatory local consumer rights or court options.

• A. Kenya (and rest of world, unless B–D apply): Kenya law; Nairobi courts (non-exclusive). If both parties agree, mediation then binding
  arbitration under NCIA Rules (English).


• B. United Kingdom consumers: Laws of England & Wales (or your habitual residence where mandatory). You may sue in E&W or in the courts of your UK region.
  Business users accept exclusive E&W jurisdiction.


• C. EU/EEA consumers: Law/courts of your member state where mandatory consumer rules apply; otherwise Kenya law. Business users: courts of E&W or Nairobi (our choice).


• D. United States users: Law of your U.S. state (federal where relevant). Except small-claims/injunctive relief, binding individual arbitration (JAMS/AAA);
  seat New York, NY (or your county for consumers), English; no class actions/class arbitration. Opt out within 30 days by emailing
  hello@kenyantutors.com.

Injunctive relief & IP. Either party may seek urgent equitable relief in any competent court. Time bar: claims must be brought within 1 year unless law mandates longer.

18. General

• Entire agreement; severability; no waiver.


• Assignment by you requires consent; we may assign on merger/acquisition/sale of assets.


• Export & sanctions: you are not sanctioned and will not use the Platform in violation of UK/EU/US/UN sanctions/export-control laws.

19. Contact

Questions: hello@kenyantutors.com.

Appendix A – Community Guidelines (Summary)

1. Be respectful and constructive; no harassment or hate.


2. Keep it educational; no explicit content.


3. No sharing paid exam answers or encouraging cheating.


4. Protect personal data; no doxxing.


5. Represent skills and qualifications accurately.


6. Report harmful content to hello@kenyantutors.com.

Appendix B – Regional Terms (Key Consumer Information)

• Kenya: Consumer Protection Act 2012; Kenya Data Protection Act 2019; taxes (VAT/withholding) may apply.


• United Kingdom: Consumer Rights Act 2015; Consumer Contracts Regulations 2013 (14-day cancellation for services unless fully performed at your request).


• EU/EEA: Consumer Rights Directive; similar service-withdrawal rules.


• United States: Privacy rights vary by state (e.g., CCPA/CPRA); DMCA applies; sales-tax handling varies.


• Rest of world: Mandatory local laws prevail where applicable.

Appendix C – Payments, Fees, Refunds & Payouts (Marketplace Terms)

1. Pricing & currency. Tutors set base prices; we may display conversions at checkout.


2. Platform fees / commission. We may charge service fees and/or commission to learners and/or tutors (booking/processing/platform/commission fees). Who pays what is disclosed at checkout/dashboard. Fees are non-refundable unless the transaction is cancelled due to tutor no-show or platform error (or where law requires).


3. Taxes. Tutors are responsible for VAT/GST/sales tax/withholding. Where required by law, we may act as a marketplace facilitator to collect and remit taxes; this will be indicated at checkout.


4. Booking, rescheduling, cancellations.
   
   
   
   • Learner cancellation: per tutor policy or Platform default: free until 24 hours before start; otherwise charge applies.
   
   
   • Tutor cancellation/no-show: learner receives a full refund or free reschedule; repeated breaches may incur penalties/suspension.
   
   
   • Connectivity: Platform outage → reschedule/refund; party-specific issue → that party bears the loss.
   
   
   
   


5. Refunds. To original method where possible; may be limited for abuse or fully performed lessons (subject to consumer law).


6. Chargebacks. We may offset chargeback amounts, fees, or fines against tutor payouts.


7. Payouts. Schedules/minimums appear in the dashboard; payouts may be delayed/withheld for fraud, legal compliance, or disputes. Keep payout details accurate.


8. KYC/AML & sanctions. Identity verification may be required; you agree to lawful checks and confirm you’re not sanctioned.


9. Reviews. Learners may leave ratings/reviews; we may moderate but do not verify every review.


10. Misuse. We may cancel transactions, reverse payouts, or suspend accounts for suspected fraud, abuse, money-laundering, or policy violations.

Where a tutor publishes a stricter cancellation/refund policy, the stricter policy applies if clearly shown at booking and compliant with consumer law.