Varsity Tutors LLC

Please see the attached document for Varsity's response.  Thank you.

Varsity Tutors Background  By way of background, Varsity Tutors is a live learning platform that among other things, connects students with personalized instructors to accelerate academic achievement. This includes connecting students with tutoring and test-preparation needs with vetted tutors...

and test instructor providers that provide the tutoring and test preparation services directly to the customer, either in person or online, at times and locations agreed upon between them. The services are provided by the tutor to the student. The tutors are independent contractors with their own materials, styles, and methods as indicated on every page of Varsity Tutors’ website, www.varsitytutors.com. As detailed, on the website under “Tutor Selection Process,” those prospective tutors interested in contracting with Varsity Tutors in order to obtain customers from Varsity Tutor’s platform go through screening including, providing applicable test scores and transcripts, submitting a mock individualized learning plan, being interviewed, performing a mock tutoring session and an authorized background check to be conducted (and that ultimately is conducted) before becoming an independent contracted tutor that appears on Varsity Tutors’ online platform. Varsity Tutors highlights its policies on the website and attempts to set realistic expectations with the potential students (and families) that are seeking to be matched with a contracted tutor through the Varsity Tutors’ online platform. Varsity Tutors is transparent about its services and uses its Terms of Use to reinforce the process.  In fact, the potential client/student must execute the Terms of Use and acknowledge of Varsity Tutor’s policies BEFORE they ever work with a tutor (attached hereto).  Varsity Tutors website is also critical in setting these expectations and explaining the process and how it works. Please note that the website directs content to the location of the viewer (e.g. someone looking from St. Louis will receive St. Louis content and someone in Pennsylvania will receive Pennsylvania content; however, that should not matter for this inquiry). With respect to SAT tutors, which are relevant to this situation, Varsity Tutors requires them to have taken the SAT and scored in a top percentile.  The qualifications to be a tutor associated with Varsity Tutors’ platform are rigorous and one of the primary factor’s in the company’s success.  [redacted] Background Mr. and Mrs. [redacted] emailed Varsity Tutors in July 2015, looking to be connected with a tutor for their 17 year old son to assist him with SAT test preparation. Mrs. [redacted] indicated that she “does not want a strict tutor. She wants someone who can relate well to him so he will open up.” Mrs. [redacted] selected contractor tutor [redacted] from Varsity Tutors’ platform to provide 1 : 1 online tutoring for her son and purchased 24 hours of tutoring, which could be used with other contracted tutors on the platform as well.  The student did online tutoring on the Varsity Tutors’ platform with [redacted] beginning on September 1, 2015.  There were a total of 12 paid sessions, each of which lasted two (2) hours.  Varsity Tutors provided two (2) free hours as a result of technical problems experienced with the online platform. After each session, the customer was given the opportunity to provide feedback.  Mr. or Mrs. [redacted] provided feedback and gave [redacted] the maximum five (5) star rating after each session.  Similarly, [redacted] posted comments on the platform for review by Mr. and Mrs. [redacted], detailing what had occurred during each tutoring session.  Not until after all hours had been utilized by the [redacted]’s, including the free hours and the student taking the SAT again, did the [redacted]s complain about the effectiveness of the tutoring by [redacted].  The initial complaint was lodged December 2, 2015, although the last tutoring session was November 3, 2015 and the student had been tutored since September 1, 2015.  Again this was after the tutor had received top ratings by the [redacted]s.  It was also well after the expiration of Varsity Tutor’s Refund Policy, as more fully explained below, because the [redacted]’s had no unused hours remaining to be refunded and the 60 day period had lapsed.  The initial and subsequent complaints were submitted well after the time to pursue Varsity Tutor’s guarantee, as more fully explained below, because the guarantee relates to Varsity Tutors providing a different tutor from the platform at no costs to the customer if the customer was unhappy or did not want to work with that tutor after the initial session.  Varsity Tutors does not guarantee results but does give the customer the choice and to select a new tutor at no cost if the initial fit is not a good fit (certainly not after 24 hours of tutoring).  Varsity Tutors’ Refund PolicyMrs. [redacted]’s complaint was posted on March 22, 2016 under the category “Service Issues.” Mrs. [redacted] claims that the refund policy is not easily found or discussed.  Varsity Tutors refund policy is clear and straightforward and was not timely pursued by Mrs. [redacted].  Although not part of any refund policy, Varsity Tutors did provide her two (2) additional hours for free based upon certain technical difficulties experienced during some of the sessions that disrupted the student and tutor causing them to use the phone and computer instead of just a computer. Varsity Tutors recognized the complaint and resolved the issue by crediting her account for the lost time. Regarding refunds, Varsity Tutors provides the following to all of its customers:Refunds: If for any reason you are not satisfied with our service after the initial session, please call us and we'll assign you a different tutor and not charge you for that second 1 to 2 hour session. Following the second session but before any subsequent session, if you remain dissatisfied, we will issue you a full refund of all unused hours. Unused, pre-paid tutoring hours are refundable up to 60 days from the date of purchase. Free hours have no cash value and cannot be refunded. Mrs. [redacted] signed the Terms of Use acknowledging this refund policy (and the guarantee) on August 20, 2015.  Varsity Tutors refund policy is unique in the industry and is prominently featured on its website at http://www.varsitytutors.com/[redacted].Varsity Tutors Money-Back GuaranteeMrs. [redacted] claims in her complaint that she signed up with a tutor the beginning of August 2015 and purchased 24 hours of tutoring and the first tutoring session was September 1, 2015.  After receiving 26 hours of tutoring session (which the last session was provided on November 3, 2015), Varsity Tutors was not made aware of any dissatisfaction by the [redacted]’s until a call from Mr. [redacted] was received on December 2, 2015.  Mr. [redacted] expressed that he was very upset because his son went down 20 points on his testing scores.  Mr. [redacted] asked what Varsity Tutors guarantee was because he wanted to take advantage of it.  Varsity Tutors explained that test scores (or grades) are not guaranteed, but there is a 60 day refund policy for unused hours and the tutor guarantee (both as explained above).  Mr. [redacted] disagreed with the explanation and reiterated that the website did guarantee improved test scores. Varsity Tutors apologized for the misunderstanding. Mr. [redacted] went on and said that he was going to research Varsity Tutors’ site and get back with Varsity Tutors later. It was not until March 21, 2016 that Varsity Tutors received an email inquiry from Mrs. [redacted] requesting a refund for the tutoring of her son.  Varsity Tutors Money-Back and Tutor Guarantee states:At Varsity Tutors, we’re committed to connecting you to top tutors capable of delivering an outstanding experience.  That’s why we provide a comprehensive satisfaction guarantee.  Unused tutoring hours are refundable up to 60 days from the date of purchase.  If for any reason you are not satisfied with your selected tutor after the initial session, please call us and we will help you identify a tutor who might be a better fit.  This second 1 to 2 hour session is delivered at no charge.  If you remain dissatisfied following the second session, but before any subsequent session, we will issue you a full refund of all unused hours  (http://www.varsitytutors.com/[redacted]). At no time did Varsity Tutors receive a call or complaint from the [redacted]’s during the time when the tutoring session were occurring. Had the [redacted]’s requested a new tutor after the first session, it would have been provided at no cost.  Had the [redacted]’s requested a refund of the unused hours within 60 days after purchase, Varsity Tutors would have refunded the unused hours.  There is no dispute that the [redacted]s did not satisfy the term of the refund policy or guarantee. In addition, Varsity Tutors’ website and Terms of Use do not express any type of guarantees for better test scores or grades and none has been identified by the [redacted]s.   Varsity Tutors’ Response Varsity Tutors addressed Mrs. [redacted]’s concern by contacting her on March 21, 2016.  During the conversation, Varsity Tutors explained that she purchased hours in July 2015.  It was further explained that Varsity Tutors’ Refund Policy is 60 days and it is for any unused tutoring hours.  Mrs. [redacted]’s position was that her son did not improve on the SAT test. Varsity Tutors did not provide any type of communication that he was not doing well, and Varsity Tutors stated on its website that Varsity Tutors has a score guarantee.  Varsity Tutors explained that her son used all 24 hours (plus the two (2) additional free hours) and Varsity Tutors received no feedback from her at any time that she was not happy with the tutoring by [redacted].  Further, it was also explained to Mrs. [redacted] that Varsity Tutors does not offer a score guarantee but does offer a tutor guarantee for the initial session and at no time was Varsity Tutors made aware or given the impression that she was not happy with the tutor, [redacted].  Varsity Tutors also inquired if she received any feedback from her son regarding the tutoring sessions and she said “it is not her job to give us feedback, it is our job to give her feedback and he is 17 anyway.”  Varsity Tutors continued to reiterate its position and the disposition timing issues acknowledged in the communication from Mr. [redacted] in the beginning of December 2015, who stated he would contact Varsity Tutors at a later time.  Mrs. [redacted] expressed “well, he is dead now.”  Varsity Tutors apologized for any misunderstanding but again, reiterated its position. Mrs. [redacted] continued to express her dissatisfaction with Varsity Tutor’s position and ended the conversation with threatening to tell everyone how horrible Varsity Tutors is and that she was going to contact the Revdex.com.  At this point in the conversation, Varsity Tutors was unable to effectively communicate with Mrs. [redacted], who only wanted a full refund and did not want to address the issues again raised by Varsity Tutors.

Please see the attachment for Varsity's response.

Please see attached documents.

The issue has been resolved.

Please see the attachments.

Business response attached.

Hi Ms. [redacted],Varsity Tutors LLC (“Varsity Tutors”) received the complaint filed by Mrs. [redacted] on April 30, 2016 (ID [redacted]). While Varsity Tutors will address the specifics of the complaint below, we are pleased to report that this issue has been resolved to everyone's...

satisfaction and that this was more of a misunderstanding than anything else.Varsity Tutors' position is that the complaint filed by Mrs. [redacted] is incomplete and inaccurate.  Mrs. [redacted] did not qualify for a refund and did not timely pursue Varsity Tutor’s guarantee; however, under the applicable Terms of Use, Mrs. [redacted]'s hours should have not expired.  As requested, we are providing a brief written response in support of Varsity Tutors' position in order to comply with extension deadline (May 13, 2016). Varsity Tutors BackgroundBy way of background, Varsity Tutors is a live learning platform that among other things, connects students with personalized instructors to accelerate academic achievement. This includes connecting students with tutoring and test-preparation needs with vetted tutors and test instructor providers that provide the tutoring and test preparation services directly to the customer, either in person or online, at times and locations agreed upon between them. The services are provided by the tutor to the student. The tutors are independent contractors with their own materials, styles, and methods as indicated on every page of Varsity Tutors’ website,www.varsitytutors.com. As detailed, on the website under “Tutor Selection Process,” those prospective tutors interested in contracting with Varsity Tutors in order to obtain customers from Varsity Tutor’s platform go through screening including, providing applicable test scores and transcripts, submitting a mock individualized learning plan, being interviewed, performing a mock tutoring session and an authorized background check to be conducted (and that ultimately is conducted) before becoming an independent contracted tutor that appears on Varsity Tutors’ online platform.Varsity Tutors highlights its policies on the website and attempts to set realistic expectations with the potential students (and families) that are seeking to be matched with a contracted tutor through the Varsity Tutors’ online platform. Varsity Tutors is transparent about its services and uses its Terms of Use to reinforce the process.  In fact, the potential client/student must execute the Terms of Use and acknowledge of Varsity Tutor’s policies BEFORE they ever work with a tutor (attached hereto).  Varsity Tutors website is also critical in setting these expectations and explaining the process and how it works. Please note that the website directs content to the location of the viewer (e.g. someone looking from St. Louis will receive St. Louis content and someone in Washington will receive Washington content; however, that should not matter for this inquiry).[redacted] BackgroundMrs. [redacted] contacted Varsity Tutors in July 2013, looking to be connected with an ACT test prep instructor for her high school daughter.  Mrs. [redacted] selected contractor tutor [redacted] ("[redacted]") from Varsity Tutors' platform to provide 1 :1 online tutoring for her daughter and purchased 36 hours of tutoring on July 22, 2013 (and executed a Terms of Use) (see attached), which could be used with other contracted tutors on the platform as well.  Mrs. [redacted]'s daughter was tutored online through Varsity Tutors' platform with [redacted] beginning on August 19, 2013. There were a total of 12 paid sessions, each of which lasted two (2) hours.  Varsity Tutors provided one (1) free hour as a result of cancellation from the tutor. In September 2013, [redacted] gave notice that she was unable to continue the tutoring session with the [redacted]s.  On October 3, 2013, the [redacted]'s selected a new contract tutor [redacted] ("[redacted]").  Again, the student did online tutoring (but with [redacted]) beginning on October 6, 2013, and the last session ended on November 30, 2014 (total of 16 paid session, each lasting two (2) hours).  During the sessions with [redacted], Mrs. [redacted] purchased an additional 24 hours on March 25, 2014, and signed a new Terms of Use (see attached).  After each session, the customer was given the opportunity to provide feedback.  Mrs. [redacted] provided feedback and gave [redacted] the maximum five (5) star rating after each session.  Similarly, [redacted] posted comments on the platform for review by Mrs. [redacted], detailing what had occurred during some of the tutoring session.  It was not until Mrs. [redacted] contacted Varsity Tutors on April 29, 2016, to purchase more hours and requesting that her remaining hours she had previously purchased (17.5 hours remaining) be transferred to her young daughter. Mrs. [redacted] was advised that her hours had expired on March 25, 2016.  Mrs. [redacted] began arguing with the representative and indicated that she was initially told by a Varsity Tutors' representative that the hours purchased do not expire.  Mrs. [redacted] was advised that she had signed a Terms of Use and under the refund section it clearly states that the hours expire two (2) years from the date of purchase.  Mrs. [redacted] then indicated that she was never given a copy and did not recall signing a Terms of Use (despite signing two (2) of them).  The Varsity Tutors' representative forwarded a copy of the executed Terms of Use to Mrs. [redacted] at which point, Mrs. [redacted] was still not satisfied with the explanation. Similar discussions occurred with different representatives of Varsity Tutors and were quite heated. Mrs. [redacted] became quite upset and expressed her displeasure.  Upon further investigation, Varsity Tutors was able to confirm that the [redacted]s were told by a Varsity Tutors' representative that the hours would not expire and, as a result, is honoring the communication and crediting the expired hours; despite the Terms of Use clause that states that hours expire two (2) years from the date of purchase (which supersedes all prior oral agreements and representations. Varsity Tutors’ Policy- Expired HoursMrs. [redacted]’s complaint was posted on April 29, 2016, under the category “Contract Issues.” Mrs. [redacted] claims that the policy relating to expired hours was false advertising and that she had never seen a contract when she purchased the sessions online in addition to being told by a Varsity Tutors' representative that the hours never expired. Varsity Tutors’ policy relating to expired hours is clear and straightforward; however, in the particular complaint, the [redacted]s' claimed they were told the hours never expired which contradicts the Terms of Use.  Although not part of any policy (and the hours having expired under the Terms of Use), Varsity Tutors recognized the complaint and resolved the issue by crediting her account for the expired time. Regarding refunds and expiring hours, Varsity Tutors provided the following to all of its customers at or around the time Mrs. [redacted] signed her Terms of Use Contract (see attached):Refunds: If for any reason you are not satisfied with our service after the initial session, please call us and we'll assign you a different tutor and not charge you for that second 1 to 2-hour session.  Following the second session but before any subsequent session, if you remain dissatisfied, we will issue you a full refund for all unused hours.  Unused, pre-paid tutoring hours are refundable up to 90 days from the date of purchase.  Free hours have no cash value and cannot be refunded.  Tutoring hours are valid for use up to two years from the date of purchase.Mrs. [redacted] signed the Terms of Use acknowledging this refund policy on January 11, 2014. Mrs. [redacted] primarily sought being credited for the expired hours, not a refund.  In light of her being credited for those hours, Varsity Tutors will not be addressing her secondary request for a refund. Varsity Tutors’ ResponseVarsity Tutors addressed Mrs. [redacted]’s concern by contacting her by phone and ultimately speaking with her husband, [redacted] on May 10, 2016.  During the conversation, Varsity Tutors explained that Mrs. [redacted] purchased hours on March 25, 2014, and based on the Term of Use that she had executed, the hours had expired on March 25, 2016.  It was further explained that because Varsity Tutors’ Policy (at the time when Mrs. [redacted] signed the Terms of Use) relating to expired hours was two (2) years from the date of purchase, the fact that they were advised otherwise (which Varsity Tutors was able to confirm), Varsity Tutors understood the situation and apologized for the miscommunication.  Mr. [redacted]’s position was that he understood how contracts work (as he currently works for a fitness company that works with contracts which include Terms of Use) however, he was dissatisfied from what he was being told from several Varsity Tutors’ representatives that the hours had expired versus what they were initially told by another representative that the hours never expire.   Mr. [redacted] further explained and clarified that they did not recall signing any Terms of Use and that his wife (at the time was not familiar and was unclear on how to access the platform) was unaware that she could download a copy of the Terms of Use she electronically signed when she made the purchases for the tutoring hours. Mr. [redacted] continued to express that the breakdown in communication with the representatives was primarily the issue at hand.  Mr. [redacted], his wife, and oldest daughter really enjoyed working with [redacted] and were satisfied with the services that were provided and were looking to purchase more hours to assist their youngest daughter in her upcoming studies and testing.  Mr. [redacted] felt that Varsity Tutors failed to communicate effectively and the policy for unused hours was not explained and they were told something contrary to what was provided in the Terms of Use.Varsity Tutors apologized for any misunderstanding but again, reiterated its position that the policy under the Terms of Use state clearly that ... “Tutoring hours are valid for use up to two years from the date of purchase”. Based on the information and investigation Varsity Tutors honored the request to credit the [redacted]s' expired hours (17.5).  Varsity Tutors also stated they would guarantee that they would honor the discounted rate they received last month to purchase additional hours. Mr. [redacted] was pleased with the results and made a comment that he would contact the Revdex.com to have the complaint withdrawn.   ConclusionAs you can determine from this submission, Varsity Tutors implements and relies on many processes in conducting its business; some of these processes are software while others are human. In this situation, the processes broke down but through investigation, discussion, and cooperation, it was resolved the right way. If you have any questions or comments or would like to further discuss, please do not hesitate to contact me. Best, [redacted]