USER TERMS OF SERVICE
Last Updated: 16/02/2021
Welcome to Tutor2U! Your use of our services, including the services we make available through this website (the “Site”) and any materials, software or services offered by us in connection with this Site (the “Services”) is governed by these terms of service (the “Terms” or “User Terms of Service”), so please read them carefully before using the Services. For the purposes of these Terms, “we,” “our,” “us,” “Tutor2U,” or the “Company” shall refer to Sasbadi Online Sdn Bhd, the provider and operator of the Services.
In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of another party, an organization or individual, you shall be deemed to agree with these Terms for that other party, organization or individual where you hereby expressly represent, covenant and warrant to us that you have the authority to bind that other party, organization or individual to these Terms. In that case, “you” and “your” will also refer to that other party, organization or individual, wherever possible.
If you are a child/minor, you must have your parent’s or legal guardian’s consent to register with, access to and/or use the Services. Please have your parent or legal guardian read and understand these Terms with you. By having registered with, accessing to and/or using the Services, we shall deem that we have obtained the requisite parental/legal guardian’s consent in regard to the Services.
If you are a parent or legal guardian, and you allow your child/minor to register with, access to and/or use the Services, then these Terms apply to you with regard to the same, and you are responsible for activities of your child/minor in respect of the Services, and are bound by these Terms.
You agree your use of the Services is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Tutor2U or any of its affiliates regarding future functionality or features.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TUTORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT Tutor2U IS MERELY PROVIDING A PLATFORM FOR DELIVERY OF THE SERVICES AND NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND TUTORS. TUTORS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF Tutor2U. Tutor2U HAS NO CONTROL OVER THE LESSON SERVICES OR CONDUCT OF USERS, TUTORS AND OTHER USERS OF THE SITE AND SERVICES, AND Tutor2U DISCLAIMS ALL LIABILITY IN THIS REGARD IN TOTO.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN PLEASE LEAVE / CLOSE THIS SITE AND YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT.
2. DESCRIPTION OF SERVICES
- Tutor2U provides an online platform that allows tutors (“Tutors”) and individuals seeking tutoring or educational services (“Students”) to connect with one another with the goal of allowing Tutors to offer tutoring or educational services (“Lesson Services”) to Students (“Students” and “Tutors” may hereinafter collectively be referred to, as “Users”).
- Tutor2U is not a provider of tutoring services. Tutor2U’s role is solely to facilitate the availability of the Site and Services. Similarly, Tutor2U is not a contracting agent or representative of any Tutor or Student. Tutors are independent contractors and are not employees or agents of Tutor2U.
- We have the right, but not the obligation, to monitor any activity and content associated with these Services.
- You are responsible for selecting the right tutor for your needs. In making hiring decisions, you should review and investigate each tutor's self-reported credentials, education background, and experience, as well as reviews from other Students. You waive and release Tutor2U from any liabilities arising from or related to any act or omission or misleading lessons or quality in delivery of lesson of any Tutor in connection with your use of the Services.
- Tutor2U DOES NOT CONTROL THE PRICE, AVAILABILITY, QUALITY, RELEVANCE OR ACCURACY OF ANY LESSON SERVICE PROVIDED BY TUTORS, AND Tutor2U DOES NOT DETERMINE WHETHER ANY TUTOR IS QUALIFIED TO PROVIDE ANY SPECIFIC ADVICE, OR WHETHER A TUTOR IS CATEGORIZED CORRECTLY OR IN THE MOST APPROPRIATE CATEGORY TO PROVIDE THE ADVICE SOUGHT BY A STUDENT.
- Tutor2U DOES NOT CONTROL, IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER OR USER CONDUCT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OR RELIANCE ON ANY USER OR USER CONDUCT. Tutor2U ASSUMES NO RESPONSIBILITY FOR VERIFYING THE IDENTITY, QUALIFICATIONS, CREDENTIALS, BIOGRAPHIC INFORMATION, LICENSURE, AND/OR ANY OTHER INFORMATION REGARDING ANY OF THE USERS, ALTHOUGH IT MAY CHOOSE TO TAKE ACTION TO DO SO INDEPENDENTLY, IN ITS SOLE DISCRETION AND SOLELY FOR ITS OWN BENEFIT.
- In order to use the Services, you will be required to provide us with personally identifiable information, including your full name, email address, phone number, username and password (“Credentials”).
- We handle your personally identifiable information with the utmost attention, care and security. Nonetheless, you, not us, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify us promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorize that activity. You should immediately notify us of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify us immediately.
- You agree that you will not permit, allow, consent to, enable, introduce or facilitate (i) persons who do not have a registered account with us to have access to or use the features of the Site and Services as the Site and Services are only made available to Users; and (ii) other Users to use a specific Lesson Service through your Account, including at the same time that you are doing so.
4. USER-UPLOADED CONTENT
- You acknowledge that you may be able to create, transmit, publish or display information (such as data, text, graphics, videos, messages or other materials) through use of the Services. All such information is referred to below as the “Content”.
- You agree that you are solely responsible for (and that Tutor2U has no responsibility to you or to any third party for) any Content that you create, upload, download, transmit, publish, display or otherwise make available while using the Services, and for the consequences of your actions in connection with such Content. For this purpose, you hereby irrevocably agree to indemnify Tutor2U for any loss, damage, claims or proceedings which Tutor2U may suffer as a result of your act or omission in respect of such Content. Furthermore, you acknowledge that Tutor2U does not control or actively monitor Content uploaded by other users and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Tutor2U be liable in any way for any such Content.
- You agree that Tutor2U has no responsibility or liability for the deletion or failure to store any Content or other communications maintained or transmitted through use of the Services. You further acknowledge that you are solely responsible for securing and backing up any such Content.
- Tutor2U reserves the right (but shall have no obligation) to remove any or all Content from the Services. You agree to immediately take down any Content that violates these Terms, including pursuant to a takedown request from Tutor2U. In the event that you elect not to comply with a request from Tutor2U to take down certain Content, Tutor2U reserves the right to directly take down such Content.
5. NO ENDORSEMENT
- Tutor2U acts as a technology service that facilitates provision of Lesson Services between Students and Tutors and does not make decisions related to the provision of, or otherwise exercise control or supervision over, Lesson Services or the contents thereof.
- Tutor2U does not endorse any User and you are responsible for determining and confirming the identity and suitability of the Users interacted with as a result of your use, or use by any third party, of the Site and Services. We are not your agent or the agent of any User. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or Students. By using the Site or Services, you, and any third party that may use the Site and Services under your account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Tutors, Students or other third parties will be limited to a claim against the particular Tutor, Student or the third parties who caused you, or such third party, harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from Tutor2U with respect to such actions or omissions. In addition, Tutor2U is not responsible for the use or exchange of any information or files between Users. Furthermore, Tutor2U does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by or between Users. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services. Tutor2U ASSUMES NO RESPONSIBILITY FOR VERIFYING THE IDENTITY, QUALIFICATIONS, CREDENTIALS, BIOGRAPHIC INFORMATION, LICENSURE, AND/OR ANY OTHER INFORMATION REGARDING ANY OF THE USERS, ALTHOUGH IT MAY CHOOSE TO TAKE ACTION TO DO SO INDEPENDENTLY, IN ITS SOLE DISCRETION AND SOLELY FOR ITS OWN BENEFIT.
- Tutor2U is not liable for potential settlements between the Users, created as a result of using the Services or its individual services, nor is it liable for potential settlements with tax bodies appropriate for the Users, arising from cooperation between the Users. Tutor2U is not liable for any damages and losses incurred by the Users arising from cooperation or interactions between the Users within the Services.
- If you ever believe that another User has violated law or is defrauding, threatening or endangering anyone, Tutor2U urges you to immediately contact the police directly for help.
6. PROPRIETARY RIGHTS
- You acknowledge and agree that Tutor2U (or Tutor2U’s licensors) own(s) all legal right, title and interest in and to the Site and Services and that the Services are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- All trademarks, service marks, logos and designs used by Tutor2U in providing the Services, whether registered or unregistered, are owned by Tutor2U or other third parties. You shall not use or display any trademarks, service marks, logos or designs owned by Tutor2U or its affiliates without our prior written consent.
- Tutor2U acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, upload, download, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Tutor2U, you agree that you are responsible for protecting and enforcing those rights and that Tutor2U has no obligation to do so on your behalf.
7. RESTRICTIONS ON USE
To ensure that the Services are only used and accessed for educational purposes, you agree that you will not (and you shall not permit anyone else to) do any of the following while using the Services:
- engage in Tutor/Student communications that are unrelated to learning or the subject of the relevant Lesson Services, including without limitation communications that solicit or disclose personally identifiable information such as full name, age and city of residence;
- upload, post, email, transmit or otherwise make available any Content that is unlawful, illegal, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
- use the Services to solicit users directly for commercial purposes without the prior written consent of Tutor2U, except in those areas that are designated for such purpose;
- create multiple accounts or otherwise attempt to access the Services in a manner so as to avoid incurring fees.
- disrupt the normal flow of communication on the Services or otherwise act in a manner that negatively affects other users’ ability to use the Services;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- access or use the Services in any way that is harmful to Tutor2U or other Users;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- access the Services from territories other than Malaysia where its contents are illegal (those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with all other territories’ rules including, without limitation, rules about the internet, data, email, or privacy);
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by Malaysia government as a foreign terrorist organization;
- “stalk” or otherwise harass another user;
- use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Services;
- collect or store personal data about other users, in connection with the prohibited conduct and activities set forth in paragraphs above or otherwise; or
- access the Services for the purpose of bringing an intellectual property infringement claim against Tutor2U or for the purpose of creating a product or service competitive with the Services.
- Tutor2U may refuse to store, provide, or otherwise maintain your Content for any or no reason. Tutor2U may remove your Content from the Services, terminate your account, and prevent or limit your access to the Services at any time if you violate these Terms or if the Services are cancelled or suspended. If Content is stored using the Services with an expiration date, Tutor2U may also delete the Content after such expiration date. Content that is deleted may be irretrievable.
- By using the Services, you consent to receiving electronic communications from Tutor2U. These communications will include notices about your account (e.g. receiving e-mails and other information) and information concerning or related to our Services, such as featured content or other announcements.
- You may review your personal information and request changes to be made to your personal information at any time either through your profile settings or by contacting us.
- Tutor2U reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other governmental officials. To protect our systems and users we may access and disclose any information we consider necessary or appropriate to appropriate law enforcement officials, regulators, or other governmental officials. We reserve the right, at our sole discretion, to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving our Services.
9. PAID SERVICES
- We reserve the right to modify pricing for any and all portions of our Services at any time – including any portions of the Services currently being provided free of charge – without prior notice to you and in our sole discretion.
10. DISCLAIMER OF WARRANTY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”.
- THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
- YOU ACKNOWLEDGE AND AGREE THAT Tutor2U DOES NOT HAVE AN OBLIGATION TO CONDUCT CRIMINAL BACKGROUND CHECKS ON OR TO INTERVIEW OR SCREEN ANY USER OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TUTORS, BUT MAY CONDUCT SUCH CRIMINAL BACKGROUND CHECKS OR SCREENING OR INTERVIEWS IN ITS SOLE DISCRETION AND SOLELY FOR ITS OWN BENEFIT. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT Tutor2U DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF TUTORS, USERS AND OTHER USERS OF THE SITE OR SERVICES. Tutor2U MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, COMMENT, REMARK, VIEW, OPINION, ADVICE, SUGGESTION OR PROPOSAL OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
11. LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- THE LIMITATIONS ON THE COMPANY’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE).
- You agree to hold harmless and indemnify Tutor2U, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Tutor2U and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors’ fees, of every kind and nature.
13. MODIFICATION AND TERMINATION OF SERVICES
- You agree that Tutor2U may in its sole discretion and for any or no reason, terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Tutor2U will not be liable to you or any third party for such termination.
- You are solely responsible for exporting your Content from the Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content.
- Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature or expressly stated shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
14. CHANGES TO THE TERMS
- Tutor2U reserves the right, at its sole discretion, to modify these User Terms of Service, at any time and without prior notice. If we modify these User Terms of Service we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these User Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified User Terms of Service. If the modified User Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.
15. THIRD-PARTY CONTENT
- You may be able to access or use certain third party services, resources, content or information (“Third Party Materials”) through your use of the Services. You acknowledge that you are solely responsible for and assume all risks arising from your access to or use of any such Third Party Materials, and Tutor2U disclaims any liability that you may incur or suffer arising from your access to or use of such Third Party Materials through your use of the Services.
- You acknowledge and agree that Tutor2U: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services.
- Through our Services, we do not imply any endorsement of Third Party Materials or any such third party services.
16. THIRD PARTY SOFTWARE
- The Services may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
- You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Tutor2U under any fiduciary or other obligation, and that we are free to use such feedback without any compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
- Additionally, in connection with your receipt of Lesson Services, you may have the opportunity to leave feedback and make comments about your experience with the Tutor with whom you have interacted (“Tutor Reviews”). Tutor2U advises you to exercise caution and good judgment when leaving such comments. Once you have submitted your comments via the Site you may not be able to go back and edit your comments, and such comments will be publicly viewable via the Site. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be false or defamatory. Tutor2U has no obligation to monitor or censor comments that are provided by Student, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these User Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Tutor2U disclaims any and all liability relating to Tutor Reviews. Notwithstanding the foregoing, Tutor2U does reserve the right, in its sole discretion, to remove any Tutor Reviews that it deems to be inconsistent with the online activities that are permitted under these User Terms of Service.
18. CONTACT US
- If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Site or the Services, please contact us at: email@example.com.
- When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.