[http://www.tuitionculture.com] updated : March 2013
Terms and Conditions
Despite reasonable effort to make sure you get a tutor and help you stay ahead with your learning, our legal people this set of standard terms and conditions. And so we have to put it up here to prevent abuse of our services so we can keep business cost low and deliver more value to you. We seek your understanding this is part of normal business procedures we need to follow. Contained here are the Terms and Conditions, which a user must read and agree to before registering for the Tuition Culture Website. These Terms and Conditions may change from time to time.
Please help make sure that your email address we have stored for you is current and you can access it. You can update your email address via email to us.
1. The following expressions are given the following meanings: (a) “Contract” means the agreement between the Tutor and the Tutee for the Tutor to perform services for the Tutee. (b) “Tuition Culture Website” means the website operated by Tuition Culture Pte. Ltd.. (c) “Members” means Tutors and Tutees. Non-Members are anyone who is not a member. (d) “Tutee” means a person that uses the Tuition Culture Website with the intension of entering into a contractual relationship with a Tutor for the provision of tuition services by the Tutor to the Tutee or the Tutee’s parent/guardian. (e) “Tutor” means a person who has the appropriate qualifications and experience to provide tuition services in the areas advertised by the Tutor on the Tuition Culture Website, with the intention of entering into a Contract to provide tuition to the Tutee or the Tutee’s nominee.
2. In these Terms- (a) words importing the singular shall include the plural and vice versa; and (b) words importing the masculine gender shall include the feminine gender and vice versa.
3. All business undertaken by Tuition Culture, a Tutor and/or a Tutee or his parent/guardian is transacted subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail. Obligations of Tuition Culture and related provisions.
4. The Tuition Culture Website has been established to allow a Tutee to contact a Tutor and to allow a Tutee to be informed of the Tutor’s profile.
5. Tuition Culture will take precautions it considers appropriate to keep the details of a Tutor and Tutee secure but will not be liable for unauthorized access to the information provided by a Tutor and Tutee on the Tuition Culture Website.
6. Tuition Culture is not responsible for appraising information on the Tuition Culture Website. Members or Non-Members should exercise complete caution. Despite prohibitions, Members may provide information or otherwise behave in a way that is unreliable, misleading or illegal. Further, Tuition Culture can offer no guarantee that Members or Non-Members are who they say they are.
7. A Tutor warrants that he- (a) is of at least eighteen years of age; (b) has the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Tuition Culture Website or via phone.
8. Tutors who contact Tutees who are under the age of 18 must ensure that the Tutee has consent from a parent or a guardian to provide tuition services to the Tutee.
9. A Tutor is responsible for the prices quoted for his services on the Tuition Culture Website or as communicated to us and for collection of all fees due to a Tutor from a Tutee. Tuition Culture is not liable to the Tutor for any fees that have not been paid and will not get involved in any disputes about fees between a Tutor and a Tutee.
10. A tutor takes full responsibility for all information that he provides on the Tuition Culture Website and must indemnify Tuition Culture in relation to any liability incurred by Tuition Culture as a result of such information.
11. A Tutor shall indemnify Tuition Culture for all claims and liabilities arising out of any use by the Tutor of the Tuition Culture Website, including costs and expenses incurred.
12. A Tutor must contact a Tutee through the Tuition Culture Website or Coordinator. Any other means of communication is prohibited.
13. A Tutor must not be in any way abusive about a Tutee or his nominee on the Tuition Culture Website or any other place.
14. A Tutor is not an employee of Tuition Culture and accepts full responsibility for all tax related to provision of this service, insurance and other liabilities arising from use of the Tuition Culture Website.
15. All information provided by a Tutor on the Tuition Culture Website must be accurate and kept up-to-date. This includes a correct name, address, telephone number and qualification/experience details.
16. Use of the Tuition Culture Website is entirely at a Tutor’s own risk. A Tutor must exercise complete caution when using the Tuition Culture Website and entering into any agreements to provide tutoring services to a Tutee.
17. A Tutee who is under 18 years of age must have consent from a parent or a guardian to register and that parent or guardian must enter into any agreement with a Tutor to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the Tutor. Tuition Culture is not responsible for any disputes regarding parental consent or any problems that a Tutee or a patent/guardian has experienced with a Tutor.
18. A Tutee, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references, CRB checks and qualifications of any Tutor with whom he enters into or proposes to enter into a Contract. Tuition Culture does not offer any guarantee that any information provided on the Tuition Culture Website is accurate and correct.
19. A Tutee, or where relevant their parent/guardian, accepts that his Contract for tuition services is with the Tutor. Tuition Culture is not a party to such a Contract and is not responsible for the performance of any obligations agreed or impliedly agreed through actions between the Tutor and Tutee.
20. A Tutee must contact a Tutor through the Tuition Culture Website. Any other means of communication is prohibited.
21. A Tutee agrees not to use Tuition Culture to advertise, promote or search for tuition services for their own company, nor may an agency acting for a company register to promote their services or opportunities. Tuition agencies wanting to promote their service on Tuition Culture should contact us.
22. A Tutee cannot act as an agent to promote the services or opportunities of a company.
23. A Tutee must not publish any abusive comments about a Tutor or a Tutee on the Tuition Culture Website or any other place. This includes defamatory or derogatory comments.
24. Tuition Culture is not responsible for examination entry; this is the sole responsibility of the Tutee.
25. Members must not use the Tuition Culture Website for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or sends viruses and worms.
26. Members or non-members must not impersonate any other person or entity or to use a false name or a name that they have no authority to use. We do meet some of our tutors for interviews.
27. Members or non-members must not post material to the Tuition Culture Website in which the copyright or intellectual property is or may be the property of another person or body.
Liability, Indemnity and other provisions
28. Tuition Culture has no control over or responsibility for the truth or accuracy of any material available on the Tuition Culture Website, whether provided by Members or others. Third party websites may appear on the Tuition Culture Website. Tuition Culture does not endorse or have any responsibility for the site in question or anything which appears on it.
29. Tuition Culture is not and cannot be responsible for the behavior of Members, whether on the Tuition Culture Website or outside of it. Tuition Culture only provide a service for a Tutor and Tutee to be introduced. Tuition Culture does not pre-screen or monitor the material contributed by Members or non-members.
30. Tuition Culture is not liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the Tuition Culture Website including loss of data or information or any kind of financial or physical loss or damage.
31. Members or not agree to indemnify Tuition Culture against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the Tuition Culture Website.
32. We try our best, but Tuition Culture does not guarantee that a Tutor will be secured to meet the Tutee’s needs.
33. Tuition Culture is not responsible for any grade received by a Tutee or any consequence that examination grades entails.
34. The code, brand and intellectual property of the Tuition Culture Website cannot be reused without Tuition Culture’s consent. All copyright, trademarks, and other intellectual property rights in and relating to the Tuition Culture Website (including the material which is contributed by Members) are owned by Tuition Culture. It is prohibited to copy, distribute, show in public or create any derivative work from the Tuition Culture Website, or any of the material which is found on the Tuition Culture Website without the consent of Tuition Culture. Please see our Copyright Notice, which forms part of these Terms and Conditions.
35. By submitting any material to the content to the Tuition Culture Website, you: (a) are representing that you are fully entitled to do so; (b) grant Tuition Culture a non-exclusive, royalty-free, non-terminable license to copy, modify, distribute, show in public and create derivative works from that material in any form and any place; and (c) authorize Tuition Culture to adapt the relevant material and you waive the right to be identified as the author of the material in question.
36. Tuition Culture reserves the right to withdraw or modify aspects of the Tuition Culture Website, or the entirety of it. We try to make it nicer for you.
37. Tuition Culture reserves the right to suspend or terminate a Member’s access to the Tuition Culture Website, or parts of it. Tuition Culture reserves the right to remove, or require the Member to remove, material posted on the Tuition Culture Website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Tuition Culture Website without prior consent from Tuition Culture.
38. The open-access nature of the Tuition Culture Website means that Tuition Culture cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms.
39. Tuition Culture reserves the right to withdraw any material on the Tuition Culture Website which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the Tuition Culture Website into disrepute. Tuition Culture does not generally monitor material, which appears on the Tuition Culture Website, and Tuition Culture is reliant upon Members to notify Tuition Culture of anything Member’s see here which appears likely to breach these Terms and Conditions.
41. Tuition Culture may restrict access to the Tuition Culture Website for any period and if necessary permanently at the sole discretion of Tuition Culture. Members shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction or for any inconvenience caused.
42. Tuition Culture may monitor postings to the Tuition Culture Website and communications through the Tuition Culture Website and have the right to delete and/or block such postings or communications at their sole discretion. Please be nice.
43. Tuition Culture give no guarantee that the Tuition Culture Website is free of viruses worms or any other form of harmful components.
44. Tuition Culture may use data for statistical analysis and may provide this to interested third parties. Your privacy is important to us and we respect that.
47. Severability. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.
48. The Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore (the “Act”) shall not under any circumstances apply to the contract formed by the contract between Tuition Culture and any person who is not a party to this contract (whether or not such person shall be named, referred to, or otherwise identified in, or form part of a class of persons so named, referred to or identified in this contract) shall have no right whatsoever under the Act to enforce the contract formed by the Contract or any of its terms and the parties to this letter do not intend for any term of the contract formed by this contract to be enforceable by any third party.
49. In circumstances where we are requested by you (the client) to suspend the performance of the Contract, tuition services of the tutor, Tuition Culture is entitled to be paid all reasonable fees and expenses due in respect of the services provided up the date of suspension together with reasonable costs and expenses incurred in connection with this suspension.
50. Singapore Law applies to these terms and conditions in the jurisdiction of Singapore. Contract will be governed by the laws of Singapore.