Booking Agreement

UPDATED: JANUARY 27, 2023

This Booking Agreement (the “Agreement”) is between Smart Ed LLC DBA Physic.ly (“Physic.ly”), and you or your Guardian (“Student” or “You”). This Agreement describes the expected responsibilities and obligations of Physicly, You, and the tutor provided by Physicly (“Tutor”) when the You schedule and pay fees (“Booking”) for the tutoring services (“Tutoring Session”) using Physicly’s applications, website, and technology Platform (collectively, the “Platform”).

Attendance Expectations

You understand that Booking a Tutoring Session requires you to attend the scheduled Tutoring Session in a timely manner. You should also expect that your Tutor will attend the Tutoring Session in a timely manner and deliver a Tutoring Session as described on Physic.ly’s Platform. Please be aware that Physic.ly has a No Refund Policy. In lieu of refunds, Physic.ly grants free Tutoring Sessions based on the conditions outlined in the sections below.

Communication Expectations

Email is the only method by which Physic.ly and our Tutors will communicate with you. You will receive emails from @physicly.me. When Physic.ly or our Tutor sends an email to your email address provided by you to Physic.ly on its Platform, then Physic.ly and our Tutors assume that a communication has been provided to you. IMPORTANT: Please ensure that you have provided your correct email address, and your email system is successfully receiving emails from Physic.ly and Physic.ly Tutors. Please refer to our Terms of Use regarding your Consent of Communications.

Booking Confirmation

After you complete Booking your Tutoring Session, you will receive:

  • a Booking confirmation by email from Physic.ly <scheduling@squarespacescheduling.com>

  • an email with a link to a Google Meet Session for your scheduled Tutoring Session. You will receive this email within six (6) hours of your scheduled Tutoring Session.

Please contact support@physicly.me if you have not received the above emails following your Booking.

24-Hour Cancellation Notice by Students

You may reschedule your Booking by giving at least 24 hours prior notice by email to support@physicly.me or to the Tutor’s email address, failing which your Booking will be canceled and not rescheduled.

24-Hour Cancellation Notice by Physicly

Physic.ly or our Tutor may cancel and reschedule a Booking at a time agreeable to both parties by giving at least 24 hours prior notice to you by email to the email address you provided to Physic.ly, failing which you will receive one (1) free Tutoring Session in addition to any prepaid Tutoring sessions.

No Show by Student

Please ensure that you have the correct date and time (including time zone) for your Tutoring Session. Physic.ly will regard you as a no show if you are:

  • not present for your Tutoring Session as scheduled in your Booking, or 

  • more than 15 minutes late for your Tutoring Session as scheduled in your Booking. 

If you are a no-show, then Physic.ly will regard your Tutoring Session as delivered to you and you are still responsible for the payment of your Tutoring Session.  

No Show by Tutor

Physic.ly will regard the Tutor as a no show if the Tutor is:

  • not present for your scheduled Tutoring Session, or 

  • more than 15 minutes late for your Tutoring Session as scheduled in your Booking. 

Please contact Physic.ly at support@physicly.me if you believe your Tutor is a no-show. If Physic.ly agrees at its sole discretion that the Tutor is a no show, then Physic.ly will compensate you with one (1) free Tutoring Session in addition to any prepaid Tutoring sessions.

Other Agreements

Please ensure that you have read and understood Physic.ly’s Terms of Use.

Please read Physic.ly’s Privacy Notice carefully to understand how we handle your information. By using the Platform or Site, you agree to the terms of the Privacy Notice. You shouldn’t use Physic.ly’s Platform or Site if you don’t agree with the Privacy Notice or any other agreement that governs your use of the Platform or Site.

No Warranties

While Physic.ly endeavors to provide the best services possible, Physic.ly makes no promises or warranties with regards to a Student’s performance as a result of any Tutoring provided. In no event shall our obligations, expressed or implied, to any customer or site user, exceed those obligations specifically noted herein.

Relaxation of Terms

No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.

Whole Agreement

This Agreement constitutes the entire understanding between the parties with regard to the subject matter thereof and the parties waive the right to rely on any alleged expressed or implied provision not contained herein. 

Changes to this Agreement

We may update this Agreement to reflect changes to our practices. If we make any material changes, then we may notify you by email or by means of a notice on this Site prior to the change becoming effective. 

Express Written Consent

By entering this Agreement, you expressly acknowledge that you understand this Agreement. You also expressly acknowledge that you have read and understand Physic.ly’s Terms of Use and Privacy Notice. You understand that the provisions of this Agreement and the Terms of Use are only binding on you if you have provided express written consent by submitting your email address on the Platform and by affirmatively checking the boxes next to:

“I Agree to the Booking Agreement” (“Express Written Consent”).

“I Agree to the Terms of Use” (“Express Written Consent”).