Acceptable Use Policy

PLEASE READ THE TERMS OF THIS ACCEPTABLE USE POLICY CAREFULLY BEFORE USING OUR SITE

What’s In These Terms?

This Acceptable Use Policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site or interact with our site in any other way.

Who We Are And How To Contact Us

www.mtutor.world is a site operated by SAI Sport & Infrastruktur AG (referred to as “SAI”, “we”, “us” or “our” in this Acceptable Use Policy). We are registered in Switzerland under company UID CHE-165.587.344 and have our registered address at Bleick 5, 6313 Edlibach, Switzerland.

To contact us please email info@mtutor.world

By Using Our Site You Accept These Terms

By using our site you confirm that you accept the terms of this Acceptable Use Policy and that you agree to comply with them.

If you do not agree to these terms you must not use our site.

We recommend that you print a copy of these terms for future reference.

There Are Other Terms That May Apply To You

Our Terms and Conditions also apply to your use of our site.

We May Make Changes To The Terms Of This Policy

We amend these terms from time to time. Every time you wish to use our site please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 1st January 2021.

Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

  • in any way that breaches any applicable local, national or international laws, statutes, regulations and/or codes (including without limitation all applicable broadcasting, advertising and data protection laws, statutes, regulations and codes);
  • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to bully, insult, intimidate or humiliate any person;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“spam”);
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms and Conditions; and
  • not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site;
    • any equipment or network or software owned or used by any third party; or
    • any other user’s account, content or personal information.

Interactive Services

We may from time to time provide interactive services on our site including without limitation:

  • chat room; and
  • forum; and
  • bulletin boards; and
  • live communications

(“interactive services”).

Where we do provide any interactive services we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users [(and, in particular, for children)] from third parties when they use any interactive service provided on our site and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service we will normally provide you with a means of contacting the moderator should a concern or difficulty arise

Content Standards

These content standards apply to any and all material which you contribute to our site (“Contribution”) and to any interactive services associated with it

The content standards must be complied with in spirit as well as to the letter. These content standards apply to each part of any Contribution as well as to its whole

SAI will determine, in its discretion, whether a Contribution breaches the content standards.

A Contribution must:

  • be accurate (where it states facts);
  • be genuinely held (where it states opinions); and
  • comply with the law applicable in Switzerland and in any country from which it is posted.
  • A Contribution must not:

  • contain any spam;
  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • contain or promote sexually explicit material;
  • bully, insult, intimidate or humiliate;
  • include child sexual abuse material;
  • contain or promote violence;
  • promote or contain material promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark or other intellectual property right of any other person;
  • be intended to and/or likely to deceive any person;
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • contain or promote any illegal content or activity;
  • be in contempt of court;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • harass, upset, embarrass, alarm or annoy any other person or be likely to harass, upset, embarrass, alarm or annoy any other person;
  • impersonate any person or misrepresent your identity or affiliation with any person;
  • give the impression that the Contribution emanates from M-Tutor or SAI if this is not the case;
  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
  • contain any advertising or promote any services or web links to other sites.

Breach Of This Policy

When we consider that a breach of this Acceptable Use Policy has occurred we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms and Conditions upon which you are permitted to use our site and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our site
  • immediate, temporary or permanent removal of any Contribution uploaded by you to our site;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law
  • We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above and we may take any other action we reasonably deem appropriate

How this contract can be transferred

We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

Pop-Up Reporting

Where available on our site you may use the ‘Pop-up Report’ mechanism to report content to which you object:

    (a) Visit the page where the content is displayed on our site.

    (b) Click on the ‘Report’ button.

    (c) In the ‘Report’ pop-up, click ‘Select a reason’ in the drop-down menu.

    (d) Select the reason for reporting that best fits your objection to the content.

    (e) Provide any additional details that may help the review team make their decision.

Your report will be reviewed in reference to the reason selected in respect of your report. We will determine whether, in our opinion, the content fails to comply with the terms of this Acceptable Use Policy and/or any other term of our terms of use as applicable

The reported material will not automatically be removed from our site.

We reserve the right in our absolute discretion to take such action as we deem appropriate which may include removing the reported content and/or disabling or removing or reassigning accounts, usernames and passwords and/or putting in place technical and/or legal steps to prevent users from using our site and/or interacting with www.mtutor.world in any way.

Copyright Notices

If you are the owner of the copyright in any of material on our site and do not consent to the use of such material you may send us a Copyright Notice by sending all of the following information by email to dpm@mtutor.world:

    1. Your contact information

    Including your full legal name (first and last name), registered username (if any) and email address.

    2. A description of your work that you believe has been infringed

    3. The specific location on our site where the (allegedly) infringing material is found

    Including the username if applicable. Please note that general information / a general description is not sufficient.

    4. The date on which you discovered the (allegedly) infringing material

    A Copyright Notice should only be submitted by the applicable copyright owner or an agent authorised to act on the applicable copyright owner’s behalf.

Defamation Notices

If you discover any material on our site which you believe refers to you, is false and has caused or is likely to serious cause harm to your reputation you may send us a Defamation Notice by sending all of the following information by email to dpm@mtutor.world:

    1. Your contact information

    Including your full legal name (first and last name), registered username (if any) and email address.

    2. A description of how you believe the offending material is defamatory

    Providing details of how the material refers to you, is false and has caused or is likely to cause serious harm to your reputation.

    3. The specific location on our site where the offending material is found

    Including the username as applicable. Please note that general information / a general description is not sufficient.

    4. The date on which you discovered the offending material

Which Country’s Laws Apply To Any Disputes?

If you are a consumer please note that the terms of this Acceptable Use Policy, its subject matter and its formation are governed by Swiss law. You and we both agree that the courts of Switzerland will have exclusive jurisdiction

If you are a business the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Swiss law. You and we both agree to the exclusive jurisdiction of the courts of Switzerland.

Indemnity

You shall indemnify us and keep us at all times fully indemnified from and against any and all actions, claims, expenses, proceedings, demands, losses, liabilities, awards, damages and costs (including legal fees and disbursements on a full indemnity basis) however arising, directly or indirectly, as a result of any breach or alleged breach or non-performance by you of any of your agreements, grants, representations, undertakings and/or warranties in this Acceptable Use Policy. At our request, and at your expense, you shall provide all reasonable assistance to enable us to resist any claim(s), action(s) and/or proceeding(s) brought against us as a consequence of any such breach or alleged breach. If a payment due from you under this clause is subject to tax (whether by way of direct assessment or withholding at its source) we shall be entitled to receive from you such amounts as shall ensure that the net receipt, after tax, to us in respect of the payment is the same as it would have been were the payment not subject to tax.

Severance

If any provision or part-provision of this Acceptable Use Policy is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of Acceptable Use Policy. If any provision or part-provision of this Acceptable Use Policy is so deemed deleted you and we shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

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