Last modified: 1st July 2019
The Company offers information, support and a method for tuition, training and coaching providers (the “Service Providers”) to schedule, obtain and establish contact with Customers (the “Service”), but does not and does not intend to provide tuition, training and coaching services for the purpose of academics and enrichment or act in any way as a tuition operator or provider, and has no responsibility or liability for any tuition, training and coaching services provided to Customers by third party service providers. The company is not responsible nor liable for the acts and/or omissions of any third party tuition, training and coaching provider and/or any tuition, training and coaching services provided to you.
- Representations and Warranties
By using the Service, you agree that:
- You will only use the Service for lawful purposes;
- You will only use the Service for the purpose for which it is intended to be used;
- You will not use the Service for purposes other than obtaining the Service;
- You shall not contact the third party service provider for purposes other than the Service;
- You will not impair the proper operation of the Company;
- You shall not intentionally or unintentionally cause or attempt to cause damage to the third party service provider;
- You will not try to harm the Service, in any way whatsoever;
- You will keep secure and confidential your account credentials or any identification we provide you which allows access to the Service;
- You will provide the Company with proof of identity as it may reasonably request or require;
- You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
- You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing users;
- You shall not impair or circumvent the proper operation of the network which the Service operates on;
- You agree that the Service is provided on a reasonable effort basis; and
- You may choose to pay for the Services by cash and where available, by credit card and or debit card (“Card”).
- If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the services.
- You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
- You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.
- In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
- Once you have completed using the Service, the Company will issue an invoice on the 1st week of every month based on the hours of services provided by the service providers tally. You are required to make payment in full to the Company and your payment is non-refundable. If you have any complaints in relation to the services provided, then that dispute must be taken up with the third party provider directly. From a case to case basis, the Company can act as a mediator between the third party service provider and the users.
- You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
- You shall be responsible to resolve any disputes with your Card company on your own.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
- Cancellation Fee
You may cancel your request for the services at any time before you commence your requested service with the third party service provider..
If after placing a booking you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as the Company may notify from time to time, as per the Cancellation Policy.
If you feel you were incorrectly charged a Cancellation Fee, you may contact the Company via firstname.lastname@example.org. The Company reserves its absolute discretion to any refunds that it may determine to provide to you and such refunds may be credited to the payment card you used for the Services or such other method as is deemed reasonable by the Company, for cash payments.
- Intellectual Property Ownership
You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
- was at the time of receipt already in your possession;
- is, or becomes in the future, public knowledge through no fault or omission of you;
- was received from a third-party having the right to disclose it; or
- is required to be disclosed by law.
- Personal Data Protection
- Third Party Interactions
- Disclaimer of Warranties
The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service. The company does not represent or warrant that (a) the use of the service, will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, rewards or other materials purchased or obtained by you through the service will meet your requirements or expectations. The service and rewards are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent.
The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services and/or rewards, including but not limited to the third party transportation or other services and products obtained by or from third parties through the use of the service. You acknowledge and agree that the entire risk arising out of your use of the service, and any third party services, including but not limited to the third party service providers or other services and products remain solely and absolutely with you and you shall have no recourse whatsoever to the company.
- Limitation of Liability
The company shall not be liable for any injury to your person or loss of life or property or delay of your requested service by the service providers for any reason which may include but not limited to an act of god including but not limited to natural disasters, typhoons or flood, an act of war, civil disruptions or strikes or the anticipation of the same, criminal acts or omissions of third parties, industrial actions, unforeseeable traffic conditions, seizure under legal process, national or local disruptions to air, ground or water transportation networks or breakdown in communication or information systems.
The company provides no warranty, assurance, or promise that its technology, or customer service will work as intended on your phone, computer, tablet or other device.
The company does not warrant or guarantee the availability, reliability, timeliness, accuracy, or quality of the services, or the third party service providers.
The company shall not be liable for any losses or damages, including but not limited to any injury which you may suffer, any damage or loss to property owned by or in your possession, or any indirect loss and damage, resulting from the third party providers’ services and matters relating to third party service providers.
The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement.