Paper Educational Support System

Student Terms of Service (for TDSB End-Users)

Latest Update: December 1, 2022

These Terms of Service (the “Terms”), constitute a legal agreement between any student that agrees to these Terms (the “Student”; “you”) and Paper Education Company Inc. (“Paper,” “we,” “us,” “our”). Parents or guardians of students under the age of majority must accept these Terms on the Student’s behalf.

These Terms define the legal relationship between you and us in connection with the Services (as defined below). Please read the following Terms carefully before accessing or using our Services, as they contain important information on your obligations while using the Services. The Terms also inform you of our liability towards you and the warranties or disclaimers that apply to our Services.

If you wish to use our Services, you must accept and agree to be bound by and comply with these Terms. Continued use of any of our Services indicates your continued acceptance of the Terms. If you do not agree with these Terms, you shall not use our Services.

If you have any questions related thereto, you can reach us at support@paper.co.

For the purpose of these Terms:

“District” means a local educational agency, such as a school board, who has contracted with Paper to provide the Services.

“End Users” means students, teachers, and administrators, and any other individual who is authorized by a District to use and access the Services.

“Personal Information” means any information that allows us to identify an End-User directly or indirectly.

“Platform” means the online web-based platform to enable you to obtain tutoring and other educational services in connection with courses for which you are registered at the District’s institution.

“Services” means the online tutoring services provided to you by Paper in accordance with our agreement with the District.

“User Generated Content” means content End Users generate when accessing and using the Services.

Paper shall perform the Services in accordance with its agreement with the District. Paper authorizes Students to use and access the Services at the direction of the District.

Paper shall be responsible for ensuring that its educative personnel have undergone appropriate training and have been subject to appropriate background screening, including criminal records checks.

Paper reserves its rights to make changes to the Services. In case of a material change, Paper will notify you. Modifications to the Services shall not materially and adversely affect the performance of the Services in accordance with these Terms.

You agree and acknowledge that the right to access and use the Services provided under these Terms are subject to compliance with these Terms, including this Section 3. You agree and understand that Paper may suspend or revoke your access if you do not comply with this Section 3.

You represent and warrant that you will not use the Services in a way which results in:

• Posting or transmitting material that infringes, misappropriates or violates another person’s intellectual property rights;
• Posting or transmitting material that violates End Users and third party’s rights of privacy;
• Using the Platform for purposes of stalking, harassing, threatening, bullying or other similar behaviour;
• Posting or transmitting material that is defamatory, sexual in nature (other than as justified in light of the course content), obscene, offensive or discriminatory;
• Selling, leasing, licensing, sublicensing, loaning, encumbering or otherwise transferring its right to use the Platform to a third party, in whole or in part, except as permitted under these Terms;
• Disclosing access credentials to unauthorized parties;
• Compromising the integrity or operation of the Platform or attempting to do so;
• Tampering with, reverse-engineering or hacking the Platform, circumventing any security or authentication measures, or attempting to gain unauthorized access to the Platform, related systems, networks or data;
• Using “robots,” “spiders,” “offline readers,” or other automated systems to sends more request messages to the Platform than a human could reasonably send in the same period of time by using a normal browser;
• Making an unreasonable or abusive use of the access provided to the Platform;
• Generating and sending unsolicited commercial communications, advertising chain letters or spam;
• Uploading viruses, bots, worms, scripting exploits or other similar materials;
• Posting or transmitting content that is intended to be inflammatory;
• Using the Platform to recruit or solicit for employment or consulting any of the personnel of Paper; or
• Otherwise engaging in behaviour that is illegal under applicable laws;

Your use and access to the Services is subject to Paper’s Acceptable Use Policy, which forms part of these Terms.

You agree and understand that Paper reserves its right to moderate the Services, including any conversations with Paper’s educative personnel. Without limiting the generality of the foregoing, Paper shall be authorized to delete or modify User Generated Content as necessary to protect its legal rights and to protect other End Users and their rights. Paper may communicate any such moderation actions to the District.

Notwithstanding the foregoing, Paper is not responsible for moderating the Services, and has no obligation for doing so. Paper and the District will collaborate in good faith to ensure the safety of End Users and the appropriateness of the User Generated Content given the age of End Users and the nature of the Services. You may be contacted by the District in case of problematic behaviour in relation to your use of the Services.

The Services may include technical support offered through live chats and tickets during standard business hours. Technical support covers technical issues with the Platform only and does not cover technical issues caused by third party software and hardware, including End Users’ workstations, or network connectivity issues. 

Paper’s Privacy Statement describes how we collect, use and disclose your Personal Information, and the rights you may have with respect to your Personal Information.

Paper owns all rights, titles and interests to the Services, including the Platform. All rights not granted herein are reserved. You agree that suggestions regarding the Services are the intellectual property of Paper, and you hereby assign your moral rights into such suggestions to Paper, or renunciate such moral rights if assignments are not authorized. You shall not be authorized to use the Services to create derivative works, including competitive work, by leveraging the confidential information of Paper, and shall not be authorized to provide access to the Services to any third parties for the purpose of building a competitive service.

You agree and understand that Paper has no liability whatsoever for (a) User Generated Content and any acts or omissions in relation to the moderation of such content; and (b) your failure to comply with these Terms.

You agree and understand that Paper has no liability whatsoever for advice and information given in good faith by Paper’s educative personnel via the Services, such as inaccurate, incomplete or misinformed advice and information given in good faith. Paper’s only liability is to ensure that the educative personnel is appropriately trained to provide the Services. Different perspectives may be applicable to educative content, and certain theories may be privileged by certain personnel over other theories, in accordance with generally accepted methods of teaching. Paper strives to provide objective educative support in accordance with market standards. 

We are not responsible for any links to third parties’ services, websites or applications provided through our Services.

EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE”. NO OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURATENESS. WE DO NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WILL MEET END USERS’ REQUIREMENTS.

9. Indemnification

To the extent permitted by applicable laws, you agree to defend, indemnify and save harmless Paper from any and all losses, liabilities, expenses (including, without limitation, reasonable fees and disbursements of counsels), claims, liens, damages or other obligations whatsoever resulting from(a) user generated content, including any acts or omissions with regards to moderation; and (b) a breach of Section 3. You shall not be authorized to accept any settlement unless Paper is freed of liability in any such settlement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY, INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES, BE LIABLE FOR ANY INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL ARISING OUT OF THESE TERMS, INCLUDING PAPER’S PROVISION OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PAPER’S LIABILITY IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES EXCEED $ 1,000 or the minimum amount required by applicable laws, whichever is less.

Paper shall not be liable for delays in or failure of performance hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God or public enemy, acts of government in either its sovereign or contractual capacity, flood, earthquake or other natural disaster, strike or other labor disputes, acts of war, acts of civil disobedience, denial-of-services and distributed-denial-of-services, ransomware and other cyber-attacks that are not caused or facilitated by negligence (a “Force Majeure”). Notwithstanding anything to the contrary, the parties agree and acknowledge that pandemics such as COVID-19 shall be considered a Force Majeure.

These Terms of Services are effective upon your acceptance when you sign up to use the Services and remain in full force for as long as you are authorized to access and use the Services. You agree that Paper may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to the Services if Paper believes you are using or have used the Services in violation of these Terms, the Acceptable Use Policy or applicable law or regulations.

We may change these Terms from time to time. The latest update date is indicated above. 

The parties have expressly requested that these Terms be drawn up in English and that all modifications thereof can be made in this language. Les parties ont expressément demandé que ce contrat soit rédigé en anglais et que toute modification à celui-ci puisse se faire également dans cette langue.

If there is any dispute arising out of these Terms, the parties expressly agree that any such dispute shall be governed by the laws applicable in the Province of Quebec, without regard to its conflict of law provisions, and the parties expressly agree and consent to the exclusive jurisdiction and venue of the provincial and federal courts of the Province of Quebec, judicial district of Montreal, for the resolution of any such dispute.