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.

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 (collectively referred to as the "Content").

By using the Services, you agree to, at all times, be in compliance with these Terms of Service, our Privacy Policy Statement and any other terms, policies or legal notices published by us that relate to your use of the Services, all of which will together govern your use of the Platform, including without limitation, the Tutor Agreement, Student Policy Handbook, Refund Policy and Transfer Policy.

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.

Your Responsibilities

• Maintain confidentiality of your password and account details
• Not disclose your Account details or password to any third party
• Promptly notify us at info@tutopiya.com if you suspect unauthorized access
• Use our platform and mobile application to access any of our Services at all times
• Ensure all persons accessing our Services through your connection comply with these terms

User Conduct Requirements

Our Privacy Policy Statement sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate.

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.

• Tutors offer End Users a trial session (0.5–1 hour) to assess suitability.
• End Users may reschedule a booked session without charge with a minimum of 2 hours’ prior notice.
• Sessions cancelled less than 2 hours before start time or unattended will incur full charges.
• Sessions rescheduled less than 2 hours before start time will incur a 50% charge.
• End Users must not make private arrangements with Tutors; all communications and payments must occur via our platform and mobile app.
• We will endeavour to facilitate dispute resolution between Tutors and End Users but are not responsible for outcomes.
• Where a Tutor/End User requests to end the engagement, we will try to allocate a different Tutor (subject to availability). If none can be found, a refund may be offered per the Refund Policy.
• We reserve the right to change the Tutor assigned to an End User at any time for any reason.

• Details of sessions and Services are available through your Account; pricing is determined by us and provided to you.
• End Users may not engage in a session without scheduling and making advance payment for the relevant package.
• We shall invoice End Users for packages relating to bookings.
• Packages can be purchased via your Account or by bank transfer per invoice instructions. Payments must cover the full invoiced amount with no deductions for bank or transfer charges; deficient payments are deemed incomplete.

• We only permit the transfer of remaining hours between sibling End Users, prorated per grade and applicable rates per our Transfer Policy.
• If a session cannot be conducted due to Tutor technical/connectivity issues, no deduction will be made from the End User’s package.
• If an End User misses a session due to their own technical/connectivity issues, full payment still applies and deductions will be made accordingly.
• The Learning Platform subscription can be cancelled at any time; cancellations are not eligible for refunds.
• Tutopiya will be responsible for payment-related matters including chargebacks, refunds and disputes.

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 reserved. You may not upload, post, publish, reproduce, transmit or distribute any component of the Services themselves or create derivative works with respect thereto, as the Services are protected to the fullest extent available under applicable laws.

You agree that we are free to use, disclose, adopt and modify all 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 waive all rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of your Feedback.

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content, 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).

This license includes the right for us to provide, promote, and improve the Services and to make Content available to partners for syndication, broadcast, distribution or publication, subject to applicable terms, with no compensation owed for such uses.

We may modify or adapt your Content to transmit, display or distribute it over networks and media and/or conform it to requirements of networks, devices, services or media. You are responsible for your use of the Services, any Content you provide, and any consequences thereof, including use of your Content by other users and third-party partners. You represent and warrant that you own or have rights necessary to grant the rights herein.

Your 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, fitness for a particular purpose or non-infringement.

The entire liability of the Entities of Tutopiya Pte Ltd and your exclusive remedy with respect to the Services is re-performance of defective Services. In jurisdictions which do not allow the exclusion or limitation of certain liabilities, 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 the Services and are not a party to any transaction between you and any third party.

• The aggregate liability of the Entities of Tutopiya Pte Ltd shall not exceed SGD 100.
• We do not guarantee the accuracy, currency, reliability or suitability of information; freedom from defects, errors, omissions or malware; uninterrupted access; achievement of particular results; or correction of defects.
• We shall not be liable for any direct, indirect, incidental, special, punitive or consequential loss or damages, including loss of business, profit, goodwill or reputation arising from use of the Services.
• You are responsible to ensure your use of the Services complies with all applicable legal requirements.
• If your use does not proceed satisfactorily, contact us at info@tutopiya.com. Lack of response does not constitute waiver.

• All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated it.
• You warrant that your contributions comply with our standards and you will indemnify us for any breach and resulting loss.
• Any content you upload is non-confidential and non-proprietary; we may use, copy, distribute and disclose to third parties for any purpose and disclose your identity to parties claiming IP or privacy violations.
• We are not responsible or liable for content posted by you or other users and the views expressed do not represent our views or values. We reserve the right to remove postings that do not comply with standards.
• You may be exposed to offensive, harmful, inaccurate or deceptive Content; use is at your own risk.
• We may not monitor or control Content and cannot take responsibility for it. Your use or reliance on any Content is at your own risk.
• Testimonials, examples, and photos of actual users may be used to describe our Services.

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 your Content has been copied in a way that constitutes copyright infringement, please provide: (i) a physical or electronic signature of the copyright owner or 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 and information to locate the material; (iv) your contact information; (v) a statement of good faith belief that the use is not authorized; and (vi) a statement that the information is accurate and you are authorized to act on behalf of the owner.

We reserve the right to remove Content alleged to be infringing without prior notice and to terminate, where appropriate, accounts of repeat infringers. Notices should be sent to info@tutopiya.com.

We reserve the right at all times to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability. We may access, read, preserve, and disclose information as reasonably necessary to satisfy law, enforce the Terms, detect/prevent fraud or technical issues, respond to support requests, or protect rights and safety.

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 suggest any form of association, approval or endorsement where none exists, and must not establish a link on any website not owned by you. We reserve the right to withdraw linking permission without notice.

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-party services and websites.

The Services may include advertisements which may be targeted to Content or information on the Services, queries made through the Services, or other information. By using 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 Content or information from the Services whether submitted by you or others. Links to other websites and services do not constitute an endorsement by us of such websites or services.

You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees) arising from your breach of these Terms of Service and/or your use of the website. We may participate in the defense and negotiations for settlement. No settlement adversely affecting our rights or obligations shall be made without our prior written approval. We reserve the right, at our expense and on notice to you, to assume exclusive defense and control of any claim or action.

The Terms of Service will continue to apply until terminated by either you or us. You may end your agreement with us at any time by discontinuing your use of the Services. We may suspend or terminate your account(s) or cease providing you with all or part of the Services at any time for any reason, including if we reasonably believe you have violated these Terms of Service, you create risk or possible legal exposure for us, or 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.

Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect. Nothing in this section affects our rights to change, limit or stop the provision of the Services without prior notice as provided elsewhere in these Terms.

These Terms of Service shall be governed by Singapore law. You agree that the Singapore courts 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.

For the exclusive benefit of Tutopiya Pte Ltd, we shall also retain the right to bring proceedings in the courts of the country of your residence.