Company Response
3/13/2024
Varsity is in receipt of the Complaint (as defined above) filed by Ms. Matthews on March 5, 2024 (and of which Varsity was made aware on March 7, 2024). This letter shall serve as Varsity's response to the matters raised in the Complaint, although it is important to note that, at the time the Complaint was received, Varsity had already communicated with Ms. Matthews and the parties had reached an amicable resolution
By way of background, Varsity created and continues to evolve its Live Learning Platform (the "Platform") that, among other things, seamlessly connects tutors, instructors, experts, and other professionals (collectively, "Professionals") with customers who receive instruction from those Professionals based upon what the customers are seeking. Through the Platform, customers are able to interact/connect with vetted Professionals who are qualified to provide those services directly to customers (not Varsity), across various subjects or categories, and in a variety of formats and modalities. The Platform also offers customers several different choices for how to engage Professionals including one-on-one (between a Professional and a customer), small group tutoring meetings (between one Professional and a small group of selected students), small group courses (with one Professional leading a session with a small number of customers), large group courses (with one Professional leading a session with a large number of customers), or combinations of the above. In 2022, Varsity began offering Learning Memberships, which is a comprehensive solution that provides multimodal learning services to help customers achieve their learning goals. Learning Memberships entitle customers to choose from a bundle of various features of the Platform, that may include both tutoring and non-tutoring solutions, such as a self-selected set number of live one-on-one tutoring hours per month on a recurring monthly basis; unlimited enrollment in certain live classes through the Platform; and 24/7 homework help and support across K-12 subjects.
As independent contractors, the tutors, instructors, and experts who offer their services through the platform (in any capacity) have their own materials, styles, and methods as indicated on every page of Varsity's website (www.varsitytutors.com).
Varsity highlights its policies on the website and attempts to set realistic expectations with the potential customers/students who seek to be matched with a contracted tutor, instructor, or expert through Varsity's online platform. Varsity is transparent about its services and uses its Terms of Customer Accounts Use (the "TOCAU") to reinforce the process. In fact, the potential customers/students must review and sign the TOCAU and acknowledge the policies before they ever engage in the services of a tutor through Varsity's platform. Varsity's website is also critical in setting these expectations and explaining the process and how it works, in addition to setting forth the terms of any guarantees, located at https://www.varsitytutors.com/guarantee-policy.
Regarding Ms. Matthews specifically and according to Varsity's records, Ms. Matthews first contacted Varsity in February 2023 in order to be matched with an online tutor. On February 3, 2024, Ms. Matthews purchased a Learning Membership for use on Varsity's Platform, and executed the TOCAU on that same day. A Learning Membership entitles customers to a set number of live one-on-one tutoring hours per month on a recurring monthly basis, in addition to enrollment in certain live classes through the Platform, among other benefits. Ms. Matthews's Learning Membership was for a period of 12 months, and would include four (4) hours each month for use with one-on-one tutoring through the Platform, During the Learning Membership, four (4) sessions were invoiced to Ms. Matthews' account by her tutor. On February 24, 2024, Ms. Matthews indicated to Varsity that she did not wish to continue with the Learning Membership, and she preferred to cancel it and receive a refund for the month which had already been paid. Ms. Matthews's request for cancellation was granted, and she was issued a partial refund at that time (and she was later issued the remainder of the refund, pursuant to the TOCAU). Based upon the timing of Varsity's receipt of the Complaint, Varsity believes that the parties had already reached an amicable resolution and prior to Varsity becoming aware of the Complaint (although Varsity remains willing to further discuss any outstanding/unresolved concerns with Ms. Matthews should she wish to do so).
Please consider this Varsity's response to the Complaint (which, at this time, Varsity considers to have been resolved). If you have any or comments, or would like to further discuss, please do not hesitate to
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