Please explain clause 5.1 of the Terms of Service?
Written by Daphne Lim - Updated
|
5.1. At all times all Tutor Members: (a) are recommended to obtain and maintain insurance policies including: (i) public liability insurance of at least $5 million per claim event; (ii) professional indemnity insurance of at least $1 million per claim event; and (iii) any other insurance which a prudent academic tutor would be expected to obtain; |
KIS Academics is legally obligated to recommend you obtain public liability and professional indemnity insurance. As a user of the KIS platform, you are not legally classified as a KIS Academics contractor or employee so are not covered by KIS Academics' insurance.
As a tutor, you are not legally obligated to have public liability or professional indemnity insurance.
Whether or not you ultimately do obtain public liability insurance or professional indemnity insurance is a decision for you to make based on how you plan on being a tutor. If you believe your services may pose a risk of injury or damage to your customers, then you should strongly consider insurance.
Further Information
Public Liability insurance
This covers injury or damages to any customers that happen on business premises, and injuries caused by negligent business practices.
For example: if you run a cafe and a customer gets food poisoning causing significant harm resulting in a lawsuit, public liability insurance would cover the costs.
We strongly recommend obtaining public liability insurance if:
- You plan on conducting tutoring in-person at a centre that is classified as your primary place of business (ie. you plan on renting out a classroom or office to conduct tutoring lessons). Public Liability insurance will cover you if a customer gets injured at your primary place of business.
- You believe that your tutoring services may pose a risk of personal injury to the customer. Public Liability insurance will cover you for any harm caused to the customer in this situation.
Professional Indemnity insurance
This covers professionals who provide advice or services. If you make a mistake in this advice or service that could cause damages to the customer resulting in them suing you, this type of insurance will cover the legal costs.
For example: if a graphic designer provided a business with a copyrighted design that resulted in legal proceedings and legal costs, professional indemnity insurance would cover them.
We strongly recommend obtaining professional indemnity insurance if:
- You believe that your tutoring services pose a risk of causing financial loss to your customer due to mistakes you make. Professional indemnity insurance will help cover the cost of any legal action taken against you.
- You believe that there is a high risk you will be sued by your customers for your tutoring services. Professional indemnity insurance will help cover the cost of any legal action taken against you.
- You believe that there is a risk of you causing defamation to your customer via your tutoring services. Professional indemnity insurance will help cover the cost of any defamation cases taken against you.
Thus far, neither KIS Academics nor any tutors using the KIS Academics platform have ever had legal action taken against them. If you have any other questions, feel free to shoot a message into #help channel on Slack, or send an email to contact@kisacademics.com
Relevant Articles: