TERMS OF SERVICE
These terms and conditions (the “Terms of Service”) are a binding agreement between Tutopiya Pte Ltd., a limited liability company registered in Singapore with Unique Entity Number 201813208R and have our registered office at 22 Changi Business Park Central 2, #02-08, Singapore 486032 (referred to as “us” “we” or “our”) and those utilising our Services (as defined below) whether providing online tutoring (the “Tutor”) or receiving the benefit of online tutoring (the “End User”) (collectively referred to as “you” or (“your”) that set out our and your rights and obligations.
2 Applicable Terms and Conditions
Please read the Terms of Service carefully, as they apply to your access and use of our services, including our various websites, mobile application, APIs, email notifications, applications buttons and widgets (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services
3 Changes of terms
We may amend the Terms of Service from time to time at our sole discretion without notice or liability to you and it is your responsibility to check periodically for changes. By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments.
4 Changes to our services
4.1 The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
4.2 We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete, up-to-date or free from errors or omissions.
5 Accessing our services
5.1 Access to all Services and Content requires registration for an account with us (the “Account”).
5.2 Tutors can register for an Account by completing the sign-up form at https://www.tutopiya.com/become-a-tutor/ and acceptance of any person as a Tutor is at our absolute discretion and upon acceptance we will provide the Tutor will the login credentials required to access the Tutor’s Account.
5.3 End Users can create an account at https://app.tutopiya.com/#/signup.
5.4 By creating an Account you are authorising us to carry out the instructions you have given us through your Account.
5.5 By creating an Account and using the Platform, either on your behalf of yourself or on behalf of another, including your minor child, you represent and warrant that you are at least 18 years or older and you are legally capable of entering into this legally binding agreement, on behalf of yourself and each person you represent, including a minor child of whom you are a parent or legal guardian.
5.6 You are responsible for maintaining the confidentiality of your password and any account registration or activities that occur under your Account. You must not disclose your Account details or password to any third party. We have the right to disable your Account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
5.7 If you know or suspect that persons other than you have knowledge of your Account details or password, you must promptly notify us at firstname.lastname@example.org.
5.8 Additional terms, policies and legal notices may be communicated to you through your Account and you are advised to ensure you are aware of and up to date on all such information.
5.9 You can benefit from our Services by following the instructions for utilising any of the Services available through your Account. In relation to a Tutor, your use of the Services will also be subject to the terms and conditions of the Tutor’s Agreement and in relation to an End User, your use of the Services shall also be subject to compliance with the terms and conditions in the Student Policy Handbook.
5.10 We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if, for any reason, our Services are unavailable at any time or for any period.
5.11 You are responsible for making all arrangements necessary for you to have access to our Services and for ensuring that you procure all equipment and materials necessary to enable you to derive benefit from the Services, including any books, stationary, textbooks etc. recommended by us. We are under no obligation to provide any equipment or materials beyond what is explicitly offered as part and parcel or the
5.12 You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.
5.13 You are responsible for cooperating with Tutopiya support team or authorised personnel to perform non-technical or technical investigations to resolve issues reported by you.
5.14 It is mandatory to use our platform and mobile application to access any of our Services at all times.
5.15 Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
6 Privacy and Data Security
6.2 PLEASE NOTE THAT ALL TUTORING SESSIONS WILL BE RECORDED FOR QUALITY ASSURANCE, RECORD KEEPING, REVISION, TRAINING AND TO ALLOW PARENTAL MONITORING. ANY RECORDED SESSION MAY ONLY BE VIEWED BY AUTHORISED TUTOPIYA PTE LTD EMPLOYEES, THE TUTOR CONDUCTING THE SESSION, THE STUDENT FOLLOWING THE SESSION AND THE PARENT OR LEGAL GUARDIAN OF THE STUDENT.
7 Your license to use the services
Tutopiya Pte Ltd gives you a personal, worldwide, royalty-free, non-assignable and non exclusive license to use the software that is provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Tutopiya Pte Ltd, in the manner permitted by these Terms of Service.
8 Conduct of Tutoring Sessions
8.1 Our role is limited to providing the Service, including arranging and administering tutoring sessions.
8.2 Tutoring sessions shall be conducted by a Tutor in compliance with the terms of the Tutor Agreement entered into between us and the Tutor and any other codes of conduct that may be applicable.
8.3. End Users will conduct themselves during tutoring sessions in accordance with the terms of the Student Policy Handbook and any other codes of conduct that may be applicable.
8.4 We offer End Users a trial session to provide the opportunity of deciding whether the tutoring relationship is likely to be effective.
8.5 A trial session shall be for the duration of 0.5-1hour after which the End User can elect to take further tuition sessions in the same subject and same level with the Tutor. We shall dependent on the Tutor’s availability schedule such further tuition sessions and shall, if required by the End User, ensure that a regular time slot acceptable to the End User is kept available to accommodate that requirement.
8.6 An End User may reschedule a booked tuition session without charge subject to a minimum notice period of 2 hours prior to the scheduled lesson start time.
8.7 Any booked tuition session cancelled less than 2 hours prior to the scheduled lesson start time or which the End User does not attend shall incur full charges applicable to that lesson.
8.8 Any booked tuition session rescheduled less than 2 hours prior to the scheduled lesson start time shall incur a charge of 50% charges applicable to that lesson.
8.9 An End User is prohibited from making any private arrangement with a Tutor, in respect of the provision of educational services. All communication & payments between a Tutor and End User must only take place using our platform and mobile app.
8.10 Should a dispute arise between a Tutor and an End User (student), we will do the utmost possible to achieve a satisfactory solution of the issue in dispute, but cannot be held responsible for any such issue or for a failure to achieve a solution.
8.11 In the event of a Tutor or End User requests to end the engagement and relationship with the other due to the inability to continue working together we shall use our best endeavours to find a solution to the issue in dispute, which may include offering to find and allocate a different Tutor, subject to availability, but we shall not be held liable for failing to find or allocate another Tutor. In the event that a suitable replacement Tutor cannot be found, then we shall, at our discretion, offer the End User a refund as per the Refund Policy.
8.12 We reserve the right to, at any time for any reason, change the Tutor assigned to an End User
9.1 Details of tutoring sessions and other Services are available through your Account or directly from us and prices for sessions and pricing packages shall be determined by us from time to time and provided to you.
9.2 An End User may not engage in a tutoring session without first scheduling such a session and by making advance payment for packages relating to booked sessions.
9.3 We shall invoice End Users in respect of packages relating to your bookings.
9.4 Packages can be purchased by following the instructions for payment provided in an End User’s Account or by direct bank transfer to our account in accordance with the invoice provided to you. All payments shall be for the full value of the invoice and no deductions from the invoiced amount shall be made to cover for bank charges, including international transfer charges, or other fees levied in respect of any payment. In the event we do not receive the full amount of the invoice such payment shall be deemed incomplete and/or deficient.
9.5 Packages have a validity period of 1 year from the date of purchase.
9.6 End Users can request a refund in relation to any valid, unused and unallocated portion of a package in your Account by completing a refund request form available through the End User’s Account. In the event of a breach of contract or terms and conditions, the end users will not be eligible for a refund. The End User will be entitled to a refund of the value of remaining in your Account after the deduction of all charges levied by payment gateways, banks and internal processing fees incurred by us (included in a 10% service charge on refunds). It may take up to 1 month from the time a refund request is submitted for us to assess amounts eligible for refund and it will take us 10 days from confirmation of the amount eligible for refund to process the refund. All refunds shall be in accordance with our Refunds Policy.
9.7 We only permit the transfer of any remaining hours in any purchased package between End Users who are siblings. Transfers of this sort shall be prorated in accordance with the grade and rates applicable to the End Users between whom the package is being transferred in accordance with our Transfer Policy.
9.8 In the event that there is a disruption or inability to conduct a tutoring session due to technical difficulties or connectivity issues experienced by the Tutor then no deductions for such class shall be made from the End User’s purchased package. In the event the End User is unable to attend the tutoring session due to technical difficulties or connectivity issues experienced by the End User then the End User will still be obligated to make payment for such tutoring session and deductions shall be made accordingly from the purchased package.
9.9 Tutopiya will be responsible for all payment related matters, including chargebacks, refunds and disputes.
10.1 All intellectual property rights subsisting in respect of the Services belong to Tutopiya Pte Ltd or have been lawfully licensed to Tutopiya Pte Ltd for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Services themselves or create derivative works with respect thereto, as the Services are protected the fullest extent available under applicable laws as the property of Tutopiya Pte Ltd, including all applicable intellectual property laws.
10.2 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
11 Your rights
11.1 You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
11.2 You agree that this license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Tutopiya Pte Ltd for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
11.3 Such additional uses by Tutopiya Pte Ltd or other companies, organizations or individuals who partner with Tutopiya Pte Ltd may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
11.4 We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
11.5 You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast,
distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Tutopiya Pte Ltd will not be responsible or liable for any use of your Content by Tutopiya Pte Ltd in accordance with
these Terms of Service. You represent and warrant that you are the owner of the Content you submit or have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
11.6 Please be aware that any information you choose to share via our communications features with other users of the Services cannot be protected or controlled by us. There is a potential for unlimited access and/or dissemination of such information, unlimited
by time. As a result, we expressly prohibit posting or sharing any identifiable personal information, with other users (including End Users and Tutors) via any communications feature offered as part of the Services.
12 Limited liability and warranty
Please read this section carefully since it limits the liability of Tutopiya Pte Ltd and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Entities of Tutopiya Pte Ltd”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section excludes or limits our liability for death or personal injury arising from our negligence or is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.
12.1YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS”, “AS AVAILABLE”. THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND THE ENTITIES OF Tutopiya Pte Ltd MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.
12.2 THE ENTIRE LIABILITY OF THE ENTITIES OF Tutopiya Pte Ltd ENTITIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS RE PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
12.3 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENTITIES OF Tutopiya Pte Ltd EXCEED ONE HUNDRED SINGAPORE DOLLARS (SGD 100).
12.4 The Entities of Tutopiya Pte Ltd shall not guarantee or assume any responsibility that:
(a) the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
(b) the information presented in our Services is free of defect, error, omission, virus or
anything which may change, erase, add to or damage your software, data or equipment; (c) messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
(d) access to the Services will be available or be uninterrupted;
(e) use of the Services will achieve any particular result; or
(f) defects in the Services will be corrected.
12.5 Without limiting the generality of the foregoing, in no event will the Entities of Tutopiya Pte Ltd be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business, profit, goodwill or reputation arising out of any use, or inability to use, the information or the services, even if any of the Entities of Tutopiya Pte Ltd has been advised of the possibility of such loss or damages.
12.6 You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements.
12.7 Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at email@example.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.
12.8 The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.
13 Content on the services
13.1 All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.
13.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
13.3 Any content you upload to our site will be considered non-confidential and non proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
13.4 The views expressed by other users on our site do not represent our views or values. We do maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability
of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive.
13.5 Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind, incurred directly or indirectly as a result of the use of the Services by any third party, including without limitation any defamatory, offensive, or illegal conduct of the third party, or the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.
13.6 We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
13.7 As part of the Content we use testimonials, examples, and photos of actual users and their use of the Services and you approve that any testimonials provided by you and/or any photos or videos you provide may be used in materials that speak to our Services.
14 Content copyright policy
14.1 Tutopiya Pte Ltd respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you
believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
14.2 We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is firstname.lastname@example.org.
15 Use of the services
15.1 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services , to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or
(v) protect the rights, property or safety of Tutopiya Pte Ltd its users and the public.
15.2 We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
15.3 You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Tutopiya Pte Ltd ’s computer systems, or the technical delivery systems of Tutopiya Pte Ltd ’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source identifying information; or
(v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
15.4 We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
16 Linking to us
You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
17 Third party links and resources in our site
17.1 The links from the Services may take you to other sites or services and you acknowledge and agree that Tutopiya Pte Ltd has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.
17.2 The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Tutopiya Pte Ltd on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Tutopiya Pte Ltd and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
17.3 Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.
You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the website. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.
The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
20 Several users
If there are two or more persons adhering to these Terms of Service as users, their liability under the Terms of Service is joint and several, and their rights are joint.
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
22.1 The Terms of Service will continue to apply until terminated by either you or us as follows.
22.2 You may end your agreement with us at any time for any reason by discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
22.3 We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe:
(i) you have violated these Terms of Service or
(ii) you create risk or possible legal
exposure for us; or
(iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
22.4 In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
22.5 Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 5.
23 Governing law and jurisdiction
23.1 These Terms of Service shall be governed by Singapore law. You agree that the Singapore courts (subject to section 23.2) have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these Terms of Service or the legal relationship established by them.
23.2 For the exclusive benefit of Tutopiya Ptd Ltd, we shall also retain the right to bring proceedings in the courts of the country of your residence.
This agreement is drafted in the English language. If this agreement is translated into any other language, the English language version shall prevail.