LAST UPDATED: February 8, 2018.
Welcome to the terms and conditions of use of the Tueetor website, mobile application and online platform! Please make sure that you read the whole of these terms and conditions, as they shall be construed as a legal contract (the “Agreement”) between you, the User (also “you” or “your” or “user”) and TUEETOR PTE LTD, a company currently registered and incorporated in Singapore (also “Tueetor” or “us” or “we” or “our”) and all the available services and content of http://www.tueetor.com, its subdomains and subdirectory sites, and its mobile application, are subject to your compliance with these covenants (the “Website”). If you disagree in part or in whole with any of the herein determined conditions of the Terms you must discontinue your access and use of the Website immediately.
Some definitions are set and determined throughout this Agreement and are clearly noticeable placed between quotation marks. However other definitions require a precise and more elaborate definition for the better understanding of all users. Therefore:
“Platform” shall be the online tool which allows you to access and register on the Website or the Mobile Application, and to use the Services.
“Tutors” shall be those individuals or organizations, eligible in accordance with these terms, which guide students and teach them a subject in which they specialize in.
“Services” shall be those available on the website which allows Students and Tutors to connect or be matched using a unique know-how and algorithm proprietary of Tueetor, possibly interact and engage between them for tutorship purposes.
“Sponsors” shall be the paid sponsors and advertisers which may from time to time appear on the Website, in strict compatibility to what is determined in this Agreement.
“Students” shall be those individuals, which are eligible in accordance with these terms, and are willing and looking to broaden they knowledge in a subject of their choice.
“Subject” shall be an Interest from the Student’s perspective, and a knowledge, methodology and/or academic proficiency on the Tutor’s side.
“User” shall be the individuals or organizations accessing and/or using the Website and interacting with the Platform regardless of them being Students or Tutors, which have sufficient authority to be bound to this Agreement, either as individuals or as representatives of public or private organizations.
2. TUEETOR SERVICES.
A. SCOPE OF SERVICES. Subject to User’s compliance with the terms and conditions of this Agreement, Tueetor, by means of the Platform, allows users to interact between each other and offer or find courses imparted on a particular subject, where Tueetor acts as a venue where Students are connected and/or introduced to potential service providers which are the Tutors, based on geographic and common Subject.
B. DISCLAIMER. USERS ACKNOWLEDGE THAT TUEETOR DOES NOT DIRECTLY OFFER ANY AUTHORIZED SERVICES, AND THAT TUEETOR MERELY SERVES AS A VENUE FOR STUDENTS TO BE INTRODUCED TO TUTORS, TUTORS WHICH PROVIDE COURSES AND IMPART KNOWLEDGE TO STUDENTS, SERVICE FOR WHICH THE PAYMENT IS TO BE AGREED ON BY BOTH THE STUDENTS AND TUTORS. AS A TECHNOLOGICAL VENUE AND BY MEANS OF THE PLATFORM USERS STATE THAT THEY UNDERSTAND THAT TUEETOR HAS NO CONTROL OVER THE ACTIONS, PERFORMANCE, FINAL QUALITY AND FITNESS OF BOTH STUDENTS AND TUTORS OR THE COURSES, METHODOLOGY, LESSONS OR KNOWLEDGED WHICH MAY BE IMPARTED TO THEM (ALTOGETHER THE “COURSES”. ALL LIABILITIES ARISING OUT OF THE ENGAGEMENT, HIRING PROCESS, FINAL CONRTACTING AND PAYMENT FOR SUCH COURSES AND ANY ARISING CLAIMS OF PROBLEMS, DAMAGES OR OTHER WRONGDOING BY TUTORS SHALL BE DIRECTLY TRANSFERRED TO THEM, AND, AS DETERMINED HEREIN. NO LIABILITIES ARE ACCEPTED BY TUEETOR TO TUTORS ARISING OUR OF LACK OF ASSISTANCE, NO-SHOW EVENTS, LACK OF PAYMENT OR UNSUITABILITY OF ANY STUDENTS.
There is no content on the Platform meant specific for adults or any older audience, thus, the Platform is accessible to anyone. Even so, Tueetor encourages parents to assist and surveil their children’s activities online.
To open an account the Platform all Users must:
A. Be at least 18 years of age or older and have the authority to enter into this Agreement.
B. Be able to make an online payment by means of a credit card, debit card or be willing to make a cash payment whenever required as determined in the previous Section.
C. Have sufficient authority to enter into this Agreement for themselves or for the organization they may be representing.
D. Commit to comply with the terms and conditions determined herein, and consent to be bound by the Terms.
4. TUTOR REQUIREMENTS.
Additional to the eligibility requirements of the Section previous to this one, Tutors are expected to:
A. Have sufficient knowledge and capacity to impart such knowledge to the Students, in relation to the Subject and/or Course they promote, offer and/or impart.
B. In case of regulated Courses for which a special statute or methodology is to be followed in accordance with Tutor’s local law, Tutor warrant to be law abiding and have full license to impart the Course or to extend any promised titles or certificates when so promised to Student.
C. If the Tutor is an Organization:
a. Tutor shall be bound to declare being an organization at the time of registration and opening of an account on Tueetor.
b. Organizations are obligated to make any applicable payments as a business and are strictly prohibited to declare or state being an individual to access the Platform and interact with Students as individual Tutors.
c. The organizations hereby authorize Tueetor to charge their provided payment method on a monthly basis for use of the platform.
d. IN THE EVENT THAT TUEETOR BECOMES AWARE THAT AN ORGANIZATION IS USING THE PLATFORM AS AN INDIVIDUAL TUTOR INSTEAD OF REGISTERING AS A BUSINESS, TUEETOR SHALL BE FULLY AUTHORIZED TO CHARGE THE TUTOR RETROACTIVELY FOR ANY TIME THE ACCOUNT WAS USED BY SUCH ORGANIZATION, NOTHWITHSTANDING THE FULL RIGHT OF TUEETOR TO SUSPEND AND/OR BAN THE BREACHING ACCOUNT UNTIL TUEETOR HAS FULLY RECOVERED ANY OWED AMOUNTS BY THE ORGANIZATION.
5. NO ENDORSEMENT.
Despite that Tutors are found on the Website, Tueetor does not endorse, sponsor, represent, verify or warrant the accuracy, truthfulness and/or completeness of any information of the Tutors, or warranty of the quality of any Courses of the Tutors. The names, licenses, contact data, experience, academic studies, academic connections and other relevant information were disclosed by the Tutors at the time of their registering on the Platform and Tueetor does not have any control over such disclosed information, nor could Tueetor possibly scan and verify such information.
Users must register to benefit from any of the provided Services. Once they do, they shall become account holders and shall be solely responsible for the safeguard of their username and password. In the event of disclosure of login information to third parties, either willingly or unwillingly, please immediately change your password and, if necessary, consider reporting such disclosure to us.
TUEETOR WILL NEVER INQUIRE ABOUT YOUR LOGIN INFORMATION EITHER THROUGH EMAIL, PHONE OR ANY OTHER MESSAGING METHOD.
All the activity coming from an account is construed to be performed by the registered User. SHARING ACCESS TO A USER ACCOUNT IS STRICTLY PROHIBITTED.
OPENING AN ACCOUNT ON TUEETOR BY MEANS OF THE PLATFORM IS FREE FOR BOTH STUDENTS AND TUTORS, PROVIDED THEY ARE NOT ORGANIZATIONS WHICH ARE OBLIGATED TO PAY A MONTHLY FEE FOR USE OF THE PLATFORM AS A BUSINESS.
The management, inquiries, information, proposals, quotations and other interactions between users and accounts are not in any way controlled or supervised by Tueetor, and both Students and Tutors are solely responsible for them.
7. PRICES, COMISSIONS AND PAYMENTS.
A. All prices and commissions percentages provided on the Platform are construed final at the time of their subscription. Tueetor reserves all rights to change the prices, create promotions, bundles or any other activities which changes the amount of either prices or commissions, temporarily or permanently, as Tueetor deems fit. If this changes the date, amount or other detail of any payment which is recurrent Tueetor shall require User’s agreement to different charges to User’s reported payment method. All changes shall apply to future charges, and they shall never affect previous payments.
B. Users hereby authorize Tueetor to make charges to their provided payment methods, pursuant to their purchase of a monthly or annual plan, or for any other purchases made from the website.
C. All payments are processed by a third party, engaged by Tueetor for such purpose. When disclosing payment information, User warrants to Tueetor that User owns or is authorized to use such payment method by any relevant party. Payment information is kept private. Users shall assume the payment of any applicable taxes when applicable.
D. Users shall be the party obliged to make any tax payments to the maximum extent permitted by law, and therefore Users authorize Tueetor to make the charges corresponding to the payment or withholding of any taxes or fees imposed by the Republic of Singapore.
E. Users may cancel their accounts or their payments at any time, however refunds shall not be made, unless a specific case falls under Singapore laws which obliges Tueetor to make such refund.
8. RULES OF ACCEPTABLE USE.
Users are to abide and comply with these Terms at all times, when accessing, visiting, interacting or merely navigating through the Website. Additionally, Users may not:
B. Frame the Platform.
C. Mirror the Platform.
D. Attempt to make copies of, reproduce or otherwise clone the Platform, its contents, databases, trademarks and any other parts of it, unless authorized in writing by Tueetor.
E. Try to upload or other form infest the server with virus, spyware, malware or any other harmful software.
F. Try to access Tueetor Platform through a backdoor, creating one, or attempt to access as anything different than a user.
G. Place links to third party Platforms without proper written authorization by Tueetor.
H. Enter any information which is untrue or is in other ways misleading and unauthorized.
I. Pretend, mislead to believe or impersonate a Tutor or Student.
J. Aid or assist a third party in any of the aforementioned prohibitions.
Breach of this Section will result in immediate suspension or even permanent ban or deletion of their User’s Account.
A. Tueetor hereby grants all Users a limited, temporary, non-exclusive right to access the Platform and gather the information they require for their own private, non-corporate, non-public and non-commercial use. Such license does not imply any transfer of any proprietorship, nor does it represent any grant of additional license, title or interest of the Platform or its content.
B. User hereby grants to Tueetor non-revocable, perpetual, royalty-free, non-exclusive and fully assignable right and license to use, display, publish, communicate to the public, make publicly available, alter, change, modify and correct, at Tueetor’s sole discretion any uploaded content to the Platform, including, but not limited to: photographs, descriptions, pictures, drawings, texts, audio and video files (altogether the “Media”) to the maximum extent allowed by applicable law.
10. TRADEMARK AND INTELLECTUAL PROPERTY.
All trademarks on the Platform are subject to copyright. All trademarks and logos of Tueetor are registered to them or pending of registration. Users are not allowed to use the trademark without proper written authorization of Tueetor. Tueetor is also the owner or the licensee of all the content and their emerging intellectual property rights.
11. COPYRIGHT PROCEDURE.
This section of the Agreement has been made pursuant to mandates of the Singapore Copyright Act and other international copyright laws and directives and explains how copyright related claims are processed by Tueetor.
Tueetor makes an important effort to remain compliant with all applicable regulation to service providers. However, due to the amount and type of Media which is being uploaded to the platform at all times, it is impossible for Tueetor to determine whether a copyright infringement has occurred. Tueetor has set out this section so that Users and third parties may easily present a claim in the event of a breach to their copyright.
If you believe that any content breaches your copyright or that of a third party you represent, you may send an email to the address specified at the end of this section, to contact us for copyright related purposes, and please make sure you that the email, which is officially a notification, contains the following:
A. Provide us with any electronic signature or physical evidence of the true holder of the copyright of the alleged breaching material, or of the person which is representing and has the authority to make a representation on behalf of the holder of the copyright of the alleged breaching material.
B. Describe and identify the material or materials which is being allegedly breached on the Platform. In case of more than one breach, make sure that you make a list specifying each of the breaching materials.
C. Describe the exact location of the allegedly breaching material on the Platform, by means or links (to URLs) or a direct link to such material or materials. Make sure that the allegedly breaching material is pinpointed for us to identify.
D. Provide us your contact data, so that we are able to contact you. The information we require includes, but may at time not be limited to name, address, telephone or mobile number and your email address. The information you send us shall be governed by our Cookie and Privacy Policies.
E. Also, please kindly attach a statement where you, as the claimant of the alleged breach, that you in good faith and true belief that your copyright or the copyright of the holder you represent is being breached or that related rights are being infringed by material on the Platform, and that such material is not licensed or authorized by the true holder of such rights, by such holder’s representative or agent, or by applicable law.
F. Finally, please also attach a statement that the information disclosed in your email is true, verifiable and accurate, and that, under penalty of perjury, you have full authority to act as yourself, if you were the holder of the copyright which is allegedly being infringed, or in behalf of the holder of that copyright.Please allow a reasonable amount of time for us to react to your email, and make the required verification. Please note that the breaching party may present a counterclaim within the next fifteen (15) days of the notification of the alleged breach. In this case you will be notified of this situation, and this may open the possibility for you to present an official legal claim at the appropriate venues determined by law.Kindly be reminded that it is illegal to misrepresent ownership or copyright of any material, and that Tueetor may engage in legal actions against individuals or organizations which engage in such misrepresentation, without limiting Tueetor's rights to recover from any damages or costs it has endures as a result of such misrepresentation.
Tueetor is fully entitled to display advertisements and sponsors on the Platform and/or Website, where and whenever it deems appropriate. These advertisements or sponsor images may contain hyperlink that lead out of the Tueetor Platforms. We strongly encourage all users that, if they opt to engage with such sponsors or advertisement promotors, they carefully read any terms and policies or other legal disclaimers available on their websites and/or applications, as Tueetor does not have control over such outside places, and that Tueetor makes no representation or endorsement of the authenticity, reliability or use for a particular purpose of any of the services or products offered by the businesses ran by any Sponsors or Advertisers.
Tueetor may terminate and impede access of any User who does not comply with this Agreement or, when Tueetor in good faith believe the User to be acting fraudulently or in other way harmfully against Tueetor or any other third-party. The termination will affect the whole contract, but some clauses may survive the termination.
14. PERSONAL AND PRIVATE INFORMATION.
Tueetor shall at all times use reasonable technical and commercial efforts to ensure the Platform’s availability, provided that no situation out of Tueetor control prevents them for ensuring the availability of the Services, of which Tueetor shall not be liable for. Tueetor shall not make refunds or take any liability for unexpected downtimes or for periodical maintenance.
16. NO WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY ANY RELEVANT FUTURE OR PRESENT LAW, THE PLATFORM AND ANY TUEETOR SERVICES AVAILABLE ON THE WEBSITE AND MOBILE APPLCATION ARE PROVIDED BY TUEETOR SOLELY ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND TUEETOR HEREBY DISCLAIMS AND MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE SERVICES AND/OR THE PLATFORM AND THE WEBSITE AND THE INFORMATION MADE AVAILABLE ON ANY OF THE AFOREMENTIONED, EITHER IN WHOLE OR TORT OR PART. ADDITIONALLY, TUEETOR DOES NOT WARRANT THAT THE PLATFORM AND SERVICES ARE IN ANY WAY ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED. IN CASE ANY SPECIFIC REPUBLIC, COUNTRY, STATE, PROVINCE OR REGION DO NOT PERMIT OR LIMIT ANY OF THE DISCLAIMERS OF THIS SECTION OR THE WAIVING OF WARRANTIES, THE AFOREMENTIONED IN THIS SECTION MAY NOT APPLY TO YOU, THE USER. IN CASE THAT ONLY PARTY OF THE DISCLAIMER OR WAIVER DOES NOT APPLY TO YOU DUE TO LEGAL LIMITATION, THE OTHER PARTS OF THE DISCLAIMERS OR WAIVERS SHALL STILL APPLY TO YOU IN FULL.
NO WARRANTY IS MADE BY TUEETOR OF ANY OF THE QUOTATIONS, THE QUALITY OF THE SERVICES OF TUTORS, PAYMENT OF STUDENTS, PURPOSE OR FITNESS OF THE ACQUIRED SERVICES, LEGALITY OR REGULARITY OF ANY OFFERED SERVICES, ITEMS OR BUDGET, WHICH ARE DISPLAYED, AVAILABLE OR ACCESIBLE THROUGH THE PLATFORM AND THE WEBSITE. USER SHALL ASSUME ALL LIABILITY FOR DAMAGES AS A RESULT FOR A UNSUITABLY, UNTRUE, FALSE, MISLEADING, DECEITFUL OR WRONG DESCRIPTION OF SERVICES, PRODUCTS, STUDENT INFORMATION OR ANY OTHER RELATED DATA OR STATEMENTS.
17. LIMITATION OF LIABILITY.
TUEETOR SHALL NOT BE LIABLE IN THE EVENT OF ANY OCCURRENCE WHICH RESULTS IN ANY SPECIAL, DIRECT, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, OR OF THE PERFORMANCE OF ANY PERFORMED SERVICES HIRED THROUGH THE PLATFORM, THAT RESULT FROM THE NORMAL USE OR THE INABILITY TO USE THIS PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THEREIN, EVEN IF TUEETOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER ASSUMES TOTAL RESPONSIBILITY AND ABSORBS ALL LIABILITY FOR USING THE PLATFORM.
THE ONLY REMEDY OF TUEETOR TO ANY USER FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM, THE HABILITY TO CLOSE THEIR ACCOUNTS AND DELETE THEIR INFORMATION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE CUMULATIVE LIABILITY OF TUEETOR ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT BE MORE OF ANY AMOUNT PAID TO TUEETOR BY SUCH USER.
THE LAST PARAGRAPH MAY NOT APPLY TO YOU IF IN YOUR STATE OR COUNTRY SUCH LIMITATION OF LIABILITY IS NOT PERMITTED BY LAW.
FURTHERMORE, CLIENT STATES TO USE THE PLATFORM, SEND SERVICES REQUESTS, APPROVE OF QUOTATIONS AND FURTHER ENGAGING WITH THE SERVICE PROVIDERS AT THEIR OWN SOLE RISK.
18. DISPUTES BETWEEN TUTORS AND SERVICE PROVIDERS.
At Tueetor we take special care of both the Students and the Tutors, so we make an extra effort attempting that each contract and engagement is completed without hassle or problems of any kind. Even so, at times Students and Tutors may have disputes and claims between each other. The continued intention of Tueetor shall be to provide the necessary tools to help Students and Tutors to solve their disputes in an independent manner. In the very rare situation where a dispute is not resolved independently, both Student and Tutor oblige themselves to solve any problems, claims, actions or damages by continuedly communicating with each other, and only if necessary use other legal tools such as mediation and arbitration. Tueetor shall have the right, but not the obligation to, participate in any such procedure at Tueetor’s sole initiative and decision. No obligation weighs on Tueetor to participate in any disputes, to the maximum extent permitted by applicable law.
Notwithstanding what is determined in this Section, Tueetor may attempt to mediate themselves, or, in case of an irregular or illegal conduct, suspend and/or delete User Accounts of those involved, without prejudice to inform the authorities, if the situation so requires.
19. DISPUTE RESOLUTION WITH TUEETOR.
In the unlikely event that we cannot resolve any type of dispute any user has with Tueetor, the parties hereto agree that all disputes or conflicts arising out of this Agreement shall be solved by arbitrators located in Singapore. Rules of the Singapore International Arbitration Centre (“SIAC”) shall apply. The prevailing party may be reimbursed any legal expenses, including without limitation, any reasonable attorney fees.
20. GOVERNING LAW.
This Agreement shall be governed by the laws, acts and regulations of the Republic of Singapore, and in the event of any conflicts arising of the terms and conditions determined herein may be construed by the courts which are deemed competent and so determined by applicable law.
NOTE THAT THIS DOES NOT EXTEND TO ANY CONFLICTS BETWEEN TUTORS AND STUDENTS, AND TUEETOR DOES NOT REPRESENT THE BEST INTEREST OF ANY OF THE PARTIES, NOR SHALL TUEETOR BE OBLIGATED TO PARTICIPATE IN ANY KIND OF LITIGATION, CLAIMS, COUNTER-CLAIMS, ARBITRTION OR OTHER DISPUTE, LEGAL OR NOT, BETWEEN USERS OF THE TUEETOR PLATFORM.
User hereby agrees to keep Tueetor indemnified and hold Tueetor harmless from and against all claims of loss and/or damage in case of wrongful or inexpert use of the Platform. Also, both Tutors and Students shall keep Tueetor relieved, indemnified and free of any claims from other User’s if the Platform for any direct or indirect damages, resulting from disputes or problems which occurred during the performance of the Services. Tueetor waives all liability of non-authorized use of the Platform or registration of Children without the explicit consent of their Parents or Guardians.
If any provision of this Agreement is, held or interpreted to be invalid or in other way unenforceable, the other provisions of this Agreement will remain enforceable for all purposes which may assist the parties to this Agreement.
23. NO WAIVER.
Any delay or failure by either party to this Agreement to execute or exercise any right or claim related to the terms and conditions determined herein, shall not be construed as a waiver of such right.
The Parties hereto agree that:User may not assign any of User’s rights or obligations determined in this Agreement to any third parties, without express and explicit written consent of Tueetor. Tueetor, on the other hand, may at any time assign this Agreement, provided that the conditions and terms of this Agreement survive such assignment and are kept identical or improved by the assignee, and the fees are kept unchanged for a period of no less than six (6) months.
It is determined that all rights and remedies of Tueetor under this Agreement are cumulative. User acknowledges that the Services and/or the Platform may contain valuable trade secrets and proprietary information of Tueetor, and that any breach of this agreement regarding intellectual property and/or copyright may constitute immediate and irreparable harm to Tueetor its affiliates, licensors, partners, shareholders and agents, and that these would not be relieved by a simple monetary damage recovery. If such breach occurs, Tueetor shall be entitled to seek injunctive relief without any other requirements or requisites. In case that any legal action is promoted in relation to this agreement, the prevailing party may seek reasonable attorney fees, legal costs and other expenses, in addition to any other relief which Tueetor may seek.
26. FORCE MAJEURE.
Any delay in the performance of any duties or obligations of Tueetor, except the common obligations on the Client’s part, such as the payment of any performed services, shall not be considered a breach of this Agreement, provided that such delay is caused by shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as possible. USER NOT PAYING PERIODICAL OR ONE-TIME CHARGES DUE TO FORCE MAJEURE EVENTS ARE NOT CONSTRUED TO BE FORCE MAJEURE EVENTS FOR THEMSELVES. IN SUCH EVENT THE PAID PRIVILEGES OR SERVICES MAY BE SUSPENDED UNTIL THE PAYMENT IS FULFILLED.
27. REVISIONS TO THIS AGREEMENT.
28. ENTIRE AGREEMENT.
This Agreement shall be construed as the final and entire agreement between the parties respecting the subject matters determined herein and supersedes all prior discussions, either written or oral, respecting the terms and conditions set in this Agreement.