Last Updated:5 December 2024
This Tutor Addendum (the “Addendum”) supplements the User Agreement between Tutors and Skillsara Inc. (“Skillsara,” “we,” “us,” or “our”) and sets forth additional terms applicable to your use of the Platform in your capacity as a Tutor. Capitalized terms not defined in this Addendum have the meaning given in the User Agreement. In the event of a conflict, this Addendum will control.
If you created an account before the date posted above, this Addendum takes effect thirty (30) days from the date posted. For new Tutors, it is effective immediately.
1. Independent Contractor
Status:You operate as an independent contractor, not an employee of Skillsara. Accordingly:
- You are responsible for reporting income and paying applicable taxes under Canadian tax laws.
- Skillsara will not withhold income tax, employment insurance, or Canada Pension Plan contributions.
Autonomy:
- You retain the right to determine your schedule, teaching methods, and materials.
- Scheduling will be mutually agreed upon between you, the Student, and Skillsara to ensure effective session management.
- Tutors must adhere to their confirmed schedules and commitments.
- No-shows or cancellations after commitment are strictly prohibited and may result in penalties, including suspension from the platform.
- Confirmed schedules must be acknowledged and agreed upon via email to avoid miscommunication.
Non-Exclusivity:
- You may provide services through other platforms or organizations. Skillsara reserves the right to engage with other Tutors.
Limitations:
- You may not represent yourself as an agent or employee of Skillsara.
- You must not use Skillsara’s branding, trademarks, or logos without explicit written permission.
2. Payment
Schedule:
- Tutors will receive payments on a bi-weekly basis, provided earnings meet the minimum payment threshold of CAD $25.
- Payments will be processed through third-party services (e.g., Moneris). You are responsible for maintaining accurate and up-to-date payment details.
Currency and Fees:
- All payments will be made in Canadian dollars. Tutors are responsible for any processing fees or exchange rate differences applied by payment processors.
3. Proprietary Information
Materials provided by Skillsara (e.g., lesson templates, resources) are proprietary and must only be used on the Platform. You may not modify, distribute, or use these materials outside of Skillsara’s services.
4. Student Data
Privacy Obligations:
You may access Student Data (e.g., names, locations) solely to provide tutoring services. You must:
- To ensure compliance with PIPEDA:
- Use: Student Data must only be used for tutoring services (e.g., scheduling, communication, feedback).
- Consent: Obtain explicit consent, especially when dealing with minors (parental or guardian approval).
- Protection: Safeguard Student Data using secure tools and avoid unauthorized sharing.
- Retention: Delete Student Data when requested or when your tutoring relationship ends.
- Transparency: Clearly communicate how Student Data is used and respond to access or correction requests promptly.
Minors:
For Students under 18, parental or guardian consent is required. You must:
- Comply with applicable privacy laws for minors.
- Delete any Student Data upon request or at the end of your relationship with Skillsara.
5. Promotional Materials
You grant Skillsara the right to use your name, likeness, and biographical details in promotional materials, including video recordings, testimonials, and images. Skillsara retains ownership of all promotional content featuring you and may use it without additional compensation.
6. Remedies
In case of violations involving proprietary materials or Student Data, Skillsara may pursue legal remedies, including injunctive relief, without requiring proof of monetary damages.
7. Other Agreements
You represent that:
- You are not bound by any agreements that would prevent you from performing your duties under this Addendum.
- You will not disclose or use proprietary information belonging to other entities during your work with Skillsara.
8. Modifications
Skillsara may update this Addendum from time to time and will notify you of material changes. Continued use of the Platform constitutes your acceptance of these updates.
9. Governing Law
This Addendum is governed by the laws of Canada and the province (Ontario, Canada) where Skillsara is headquartered. Disputes will be resolved in Canadian courts.
