Last updated: 23 July 2019
These Website Standard Terms and Conditions (“Terms”) written on this website shall manage your usage of SmileTutor’s website. The Website is SmileTutor Pte Ltd’s ownership (hereinafter referred to “SmileTutor”, “we”). By using this Website, you agreed to accept all terms and conditions written in here. You should not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Please read these Terms and Conditions attentively. Your access to and usage of the tuition service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms are applied to all users, visitors and others who access or use this Website. You agree that using the Site as the visitor, viewer or registered member, you must be at least eighteen (18) years of age or older. If you are between thirteen (13) and eighteen (18), you have parental permission to enter into an agreement to accept these Terms and to use the tuition services.
2. Description of website services offered
Through our Services, we enable students or their parents (to be referred to as “clients” from now on) to connect with tuition centres for arrangements including but not limited to, tuition classes at tuition centres, private tuition at home, tuition in public places, group tuition, Skype tutoring lessons, or homework help.SmileTutor provides class booking services for clients on behalf of the registered tuition centres on the website, and class booking is done via two avenues; direct class booking and recommendation requests. Direct class booking occurs when a client books a class listed on a specific tuition centre listing, while recommendation requests occur when clients are recommended tuition classes from tuition centres based on their preferences. Both class booking services are subjected to a student referral commission that is charged on the tuition centre.
Our Services also involves a tuition centre directory that shows various information about the individual tuition centre. Tuition centres can claim or create tuition centre listings on the website, which allows them to post and edit additional information. Through the paid subscription service, Featured accounts, tuition centres gain more tools of their listings on the Website. These tools include aesthetic improvements, distinguishing factors from non-paid services, and priority during SmileTutor’s recommendation and booking services. The Subscription Plans, as shown on the Website and on other formal communication channels, will differ in prices, recurring duration, maximum number of Listings allowed, and tools available.
All visitors of our site, whether they are registered or not, shall be considered as “users” of the contained Services provided for this Terms. Once individual registers for these Services, through the process of creating an account or requesting a tuition class, the user shall then be considered a “member.” There are two types of members; “Client” – a customer, who is assigned a tuition class from SmileTutor; “Tuition Centre” – a tuition centre, registered in SmileTutor’s Website and providing tuition services.
The user and the member acknowledges and agrees that Services provided and made available through our website are the sole property of SmileTutor. At its discretion, we may offer additional website Services or renew, change or verify any actual content and Services, and this Agreement shall apply to any and all additional, updated, altered or revised Services unless otherwise specified. SmileTutor does hereby reserve the right to cancel and cease offering any of the Services mentioned above. You acknowledge, accept and agree that SmileTutor shall not be liable for any such renewals, changes, revisions or terminations of any of Our Services and products. Should you not agree to the, updated, overviewed or changed terms, you must stop using the provided Services immediately.
The user and member, as well as the client and the tuition centre, understands, acknowledges and agrees that Services offered shall be provided “AS IS,” and such SmileTutor shall not assume any responsibility or obligation for the timeliness, missed lessons, etc., any other wrong actions, communication or personalization settings.
3. Registration, member account, security, username, and password.
To access the full functions of the website, you must have a valid account within the website and meet all the conditions described throughout these Terms.SmileTutor is not responsible for any failure in providing the any services mentioned above, which result from account and/or listing information that is not true, accurate, current and complete.
To register and become a “member” of the Website, you have to be in good standing and not a person or tuition centre who has been previously barred from receiving our services.
Users who wish to register with SmileTutor are required to provide accurate, valid, complete and current information about themselves and their tuition centres as prompted by registration forms provided, such as your current full legal business identity (Name, Unique Entity Number, and constituent Brand Name(s)), your email address (can be either personal or business), your current full legal name and verified mobile number. It is your responsibility to keep your e-mail address current for communication and verification purposes.
When you create an account, you are the sole authorized user of your account. You shall be liable for the preservation of the secrecy of your password/login and for all activities that transpire on/within your account. You are liable for any actions or omission of any user(s) that access your member’s profile information that, if undertaken by you, would be deemed a breach of these Terms and Conditions. It shall be a responsibility to notify SmileTutor immediately any unauthorized access or use of your password and account or any other breach of security. If you ever find out or suspect that someone accesses your account without authorization, you are advised to inform us immediately. SmileTutor shall not be held liable for any loss and damage arising from any failure to comply with this term of use.
The website with its directory services will show listings of tuition centres and other related businesses. These listings may be created either by SmileTutor or by the businesses (tuition centres or similar companies), and will involve images and/or text from publicly-available sources, such as on other websites or directly through the tuition centres.
All information listed on the website are on an "as-is" and "as-available" basis without warranties of any kind and are made available for a general use as an informative guide only. SmileTutor may not validate or certify all available information posted on the website for its accuracy at every given time, and any use of the website and its information shown is entirely at your risk, for which SmileTutor shall not be liable whatsoever. The data and information on the website may sometimes be cached or crawled, and republished by other sites which do not have any affiliations or links to SmileTutor, and we cannot be responsible for their content and context. Please contact our administrators via email, should you discover any error or discrepancy.
A registered member of the website is allowed to “claim” and edit information about their tuition centre listings. “Claiming” occurs either when a tuition centre creates a new listing from scratch, or verifies that it is directly responsible for the business operations of the tuition centre the listing is based on. A verification will occur via a phone call verification, made to the tuition centre’s contact number.
SmileTutor is not responsible for any false or fraudulent claims to any listings. If you have information about a false or fraudulent claim, or you are a victim of one (in which your listing is falsely-claimed by another party, you may write to us at our contact email address with every information and evidences you have that supports your claim to the listing. Evidences include official documentation, images, contracts, or direct communications, between you and the tuition centre of which the listing is based on. SmileTutor will make appropriate actions upon the conclusion of a thorough investigation.
A registered account agrees to publish only accurate, true, current and complete information about their listings, and promptly update all information to ensure the information is accurate, true, current and complete. Publishing any information on the websitewarrans that the account owns or has a legal license to use all photos, images, graphics, designs, logos, data, text, music, sounds, videos, messages, software, trademarks and other materials updated on this Service. The account has direct access to all waivers, authorizations and other documentations to evidence such ownership. The account, and its parent tuition centre or business, shall indemnify, defend and hold harmless SmileTutor and its owners, directors, officers, employees, affiliates, licensors, agents, suppliers, dealers, providers and contractors harmless from all losses, claims, damages, costs, expenses and fees from third parties relating to these materials.
By publishing information on the website, the account and its parent tuition centre or business grants SmileTutor a perpetual, transferable, royalty-free, internationallicense to reproduce, duplicate, modify, add, use, copy, publish, distribute, transmit, communicate and adapt the information for any purpose and in any manner, form, media or technology, and make the information available to the public, companies, organizations or individuals at SmileTutor’s disclosure.
SmileTutor does not guarantee that all information provided by the account will be published, and all information will be published strictly at the SmileTutor’s discretion. No reason has to be provided by SmileTutor in accepting or rejecting a publication.
“Claiming” a tuition centre listing is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright, trademark, or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server, except as permitted by law. Publishing any text, images, or any other forms of media gives SmileTutor the right to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, modify, or create derivative works of these materials. If you do not wish for SmileTutor to be given the right to use your media, please remove it and write to us at our contact email.
SmileTutor grants you and your business permission to print individual sections or pages from the website, unless otherwise expressly noted, for your non-commercial use. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, modify, or create derivative works of these materials.
5. Subscriptions (Featured accounts and its fees)
SmileTutor provides a paid Subscription services for the tuition centres to gain more tools of their listings on the Website. These tools include aesthetic improvements, distinguishing factors from non-paid services, and priority during SmileTutor’s recommendation and booking services. The Subscription Plans, as shown on the Website and on other formal communication channels, will differ in prices, recurring duration, maximum number of Listings allowed, and tools available.
From time to time, SmileTutor may offer Trial Plans of the Subscription Plans. Some Subscription Plans will have its own corresponding Trial Plan, which allows tuition centres to experience the Subscription services for a denoted period of time (Trial Period). A valid credit / debit card is required to complete the process of obtaining a Trial Subscription. There will be no charges made to the credit / debit card. However, a small amount of less than S$5 may be charged to the credit / debit card to verify the validity of the card, and will be promptly refunded within 5 business days. The Trial Plan Subscription will automatically be upgraded to the corresponding Normal Plans (Non-Trial Plans; Start-Up, Business, Enterprise, Custom) at the end of their Trial Period, or thirty (30) days, whichever comes first, and the provided credit / debit card will be charged the 3-months Subscription fee stated on the Website or through any formal communication. Termination of the Trial Plans before the end of the Trial Period will cease the automatic upgrade and charges. The credit / debit card information will also be unlinked and removed from the system.
Payment of Subscription Plans
All currency references are in Singapore dollars (SGD). You shall be responsible for payment of all levies, duties or taxes that are imposed by taxing rules for any payment or fees you may collect through using our services.
You shall pay the fees in accordance with a Subscription Plan you wish to subscribe to, in accordance with the price list available on the website or through any formal communication with SmileTutor.
A Subscription Plan is an automatically-recurring cycle of 3-months. When you subscribe to a Subscription Plan, SmileTutor is entitled to charge a full price of that Subscription Plan irrespective of your actual usage. No refund will be made for unused portion of the Subscription Plan at the end of the each 3–months cycle.
SmileTutor reserves the right to amend the price list upon fourteen (14) days prior notice to the User.
Payments to us for Subscription Plan Fees for your Account must be made using means of payment that we may approve from time to time. We currently require payments be made by a major credit card (i.e., VISA & MasterCard). Payments must be made from a payment source on which you are the named account holder. Payments are not refundable for any reason.
You will be charged for Subscription Plan rendered at the start of each 3-months cycle (Billing Date). If we do not receive the full amount of your Subscription fees within three (3) days of the Billing Date, your Subscription Plan will be deactivated without further notice, regardless of the dollar amount.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the website or the Subscription. You waive your right to dispute any payment made into your Account and you will bear all costs.
SmileTutor does not tolerate any effort or attempt made to defraud, through the use of credit / debit cards, or any other methods of payment, the website or the Subscription. Any failure by you to honour the charges or payment requests may result in the immediate termination of your Subscription, or account, or both, and may also result in civil claims and/or criminal prosecution against you.
In the case of any fraudulent or suspected payment, including the use of stolen or improper credentials, by anyone, or any other illicit activity, we reserve the right to block you from accessing your Subscription, your account, and/or the website. SmileTutor shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.
Renewals of Subscription Plans
Our subscriptions are provided on a recurring basis. To provide a continuous service, we automatically renew all paid subscriptions upon expiration ("Recurring Date"). By using the Website or the Subscription, you acknowledge that your Subscription will be subjected to the above-described automatic renewals.
Termination or cancellation of Subscription Plans
We may terminate these Terms, terminate your access to all or part of the Website, Account and/or Subscription, or suspend any user's access to all or part of the Website, Account and/or Subscription, at any time, without notice to you, if we believe, in our sole judgment, that you or any user connected to you have breached or may breach any term or condition of these Terms, if we believe it is required by law, or otherwise. We may delete any Account Data or other materials relating to your use of the Website, Account and/or Subscription on our servers or otherwise in our possession. You acknowledge that we shall not be liable to you or to any third party for any termination of your access to the Website, Account and/or Subscription.
We reserve the right to terminate your Subscription for non-payment if, by fifteen (15) days after deactivation of your Subscription, you have not contacted us regarding reactivation. If we terminate your Subscription, all of your Account Data unique to the Subscription (which includes the Unique Cover Picture and Awards & Testimonials sections) may be deleted and non-retrievable.
You may cancel at any time before the end of your first 2 weeks, and you will not be charged for use of the Subscription. After the first 3-months, you may cancel your Subscription before the Recurring Date, and your subscription will not be renewed, but you will be charged for the use of Subscription up to the date you cancel your Subscription.
Directions for opting out of the automatic recurring account
1. Log in to your SmileTutor Account.
2. Navigate to your "Account Dashboard”
3. In the upper right Featured account box, click "Subscription Options".
4. Under Automatic Recurring, click the “Off” button.
Your Subscription will no longer recur on the next Recurring Date immediately upon cancellation
You agree that termination or cancellation will not relieve you of any obligation to pay any accrued charges, unless otherwise stated above. You shall be charged the full amount of the fee for the 3-months period in which our Subscription was terminated. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of the Subscription.
Upon termination of your Subscription for any reason, we will return or delete any personal information regarding your Account Data unique to the Subscription (which includes the Unique Cover Picture and Awards & Testimonials sections) at your request and choice.
6. Commission, and Payment for student referrals
All currency references are in Singapore dollars (SGD). You shall be responsible for payment of all levies, duties or taxes that are imposed by taxing rules for any payment or fees you may collect through using our services.
Tuition classes rates listed on our website are merely guidelines. The exact price for tuition services may differ depending on client’s requirements, market conditions, availability of tutors, etc. The tuition centres can establish rates by themselves. But the final decision concerning price shall be accepted by confirmed agreement of both parties (clients and tuition centres) via an official confirmation invoice sent by SmileTutor.
The student referral commission is a commission charged on the tuition centre by SmileTutor. It covers the administrative costs of providing the class booking services between the client and the tuition centre, and is generally charged at 50% of the total tuition fees for the first 4 weeks of tuition. (A week is defined as a continuous period of 7 days starting from Monday and ending on Sunday. The first 4 weeks of tuition is defined as the period in which the student completes 4n number of lessons, in which 4n = n, Number of Lessons assigned per week, multiplied by 4 Weeks)
Tuition centre shall pay the student referral commission via the payment gateway provided by SmileTutor in an email sent to their registered email address. An invoice will be included as part of the email. The deadline for each student referral commission will be clearly stated within the invoice.
At notice by the agency, the tuition centres shall make payment to the agency in full by the stipulated deadline, which will be 2 weeks from the starting date of the first class, unless stated otherwise in the invoice. Tuition centres, who fail to follow these instructions, shall be liable to pay the full amount of payment and additionally, administrative fees, incurred by the agency in collecting the payment from the tuition centres.
Tuition rates agreed upon should not be changed unless clients and tuition centres mutually agree. SmileTutor reserves the right to claim its commission based on the original agreed upon tuition rate.
Clients are liable to pay tuition fees for all attended lessons, regardless of how satisfactory the lessons were. For more information – read the website.
Refunds may be made to the tuition centre’s credit card in case of violations of terms because of the tuition centre / client’s fault, or other reasons. Client can be additionally charged for improper or unfulfilled payment obligation. SmileTutor warns about this with messages.
If there are disputes or concerns regarding tuition fees between tuition centres and clients, we will provide assistance, to our reasonable means, to help tuition centres to claim fees from clients and vice versa. However, SmileTutor shall not be legally responsible for any payment disputes between tuition centres and clients. Clients shall inform the agency and the tuition centres if a postponement or cancellation of any lesson is needed.
SmileTutor understands that there may be ad-hoc changes made to the initial class booking that causes the initial class booking to be invalid. As such, the student referral commission will be changed accordingly, unless stated otherwise, and here are some (not definitive nor exhaustive) cases that show the common changes made and the subsequent student referral commission:
Case 1: Changes to Lesson Frequency or Duration
If the lesson frequency or duration is not uniform, SmileTutor will determine the commission based on the long-term duration or frequency of lessons.
Case 2: Adding of Subjects / Siblings
If client wants to try out one subject first and then add more subjects subsequently, the commission shall apply to the extra subjects/lessons/students, subject to a time limit of 6 months from the original tuition arrangement. Tuition centres and tutees are expected to inform their coordinators of any added lessons immediately.
Case 3: Short-Term Assignments
Short-term assignments are defined by students who only require a fixed number of lessons until a certain exam date (usually less than 8 weeks of lessons). Long-term assignments that are terminated due to various reasons are NOT considered as short-term assignments.
For short-term assignments (a.k.a crash courses) we generally collect 25% of the TOTAL tuition fee but the exact percentages may differ and we will let the tuition centres know beforehand.
SmileTutor is committed to protect the welfare of our tuition centres. For short-term assignments only, our commission shall not exceed 25% of the tuition centre’s total earnings.
7. Essential provisions relating to the relationship between the client and the tuition centre
• Upon the commencement of the first lesson, of which the client is physically attending, in person at the stipulated location, the client is considered as a client of the referred tuition centre. The clients will have to adhere to the tuition centre’s policies regarding cancellations and postponements.
• There is an unspoken agreement to complete minimum 1 lesson upon tuition class confirmation. If clients decide to cancel after 1 or more lessons for any reason, only conducted lessons shall need to be paid for. However, for cancellations before first lesson has even commenced, clients will be liable for administrative fees no less than the equivalent of the first lesson fees which must be paid by the due date specified in the invoice.
• Clients shall inform the agency and the tuition centre (if the client has the tutor’s contact) if a postponement or cancellation of any lesson is needed. If the tuition centre is only informed less than 24 hours prior to the start time of the lesson, clients shall be liable to pay the full lesson rate to the tuition centre.
• The tuition schedule and the date and time of the first lesson shall be fixed and hold to.
Clients are allowed to renegotiate the schedule with tuition centres. Any changes in the frequency of lessons in the first 4 weeks of lessons must be made known to SmileTutor. SmileTutor may adjust commission under such conditions.
SmileTutor expects all tuition centres and clients to conduct themselves appropriately in a professional and ethical manner.
General rules include, but are not limited to:
-Do not be late and always deliver a full tuition session.
-At least two days’ notice if a change of timing is needed, unless due to sudden sickness. MC must be provided.
-No physical and verbal abuse will be tolerated. (e.g discouragement, scolding etc.)
-Regular communication with parents to keep them updated of progress
As a member, you agree that SmileTutor may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
1. any breach or violation of our Terms and Conditions or any other incorporated agreement, regulation and/or guideline;
2. by way of request from law enforcement or any other governmental agencies;
3. unexpected technical or security issues and/or problems;
4. any extended periods of inactivity;
5. any engagement by you in any fraudulent or illegal activities
6. the nonpayment of any associated fees that may be owed by you
7. unethical conduct
8. poor performance
In addition, you agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause is made at our sole discretion and that we are not responsible to you or any other third parties with regards to the termination of your profile, associated email address and/or access to any of our Website. Furthermore, you agree that SmileTutor may cease operations at any time.
The termination of your account may contain any and/or all of the following:
a) the removal of any access to all or part of the Services offered within SmileTutor;
b) the password deletion and any and all related information, files, and any such content that can be associated with or inside your account, or any part of thereof;
c) the barring of any further use of all or part of our Website.
As a member, you may also terminate or cancel your profile, associated email address and/or access to our Website by submitting a cancellation or termination request to us via email 7 days prior to termination date.
9. Limitation of liability and indemnification
SmileTutor does its best to ensure that all information on the Website is accurate. If you find any inaccurate information on the Website, please let us know by sending an email and we will correct it, where we agree, as soon as practicable.
As we mostly rely on information submitted by users online, we cannot guarantee the qualifications and other information about our tutors. SmileTutor does its best to provide accurate tuition services. However, no one is secured from human error, for example, in case of error in tuition rates/address via SMS confirmation or invoice, etc.
SmileTutor gives no warranty or assurance about the content of the Website. As the Website is under constant development, its contents may be incorrect or out-of-date and are subject to change without notice. While we make every effort to ensure that the content of the Website is accurate, we cannot accept liability for the accuracy of all the content at any given point in time.
SmileTutor makes every effort to ensure that its computer infrastructure is a virus- and error-free but does not warrant that any content that is available for downloading from the Website does not contain viruses, infection or other code that has destructive or contaminating properties. You are responsible for carrying out sufficient procedures and virus checks (including anti-virus and other security verifications) to gratify your particular requirements for the accuracy of information output and input.
Neither SmileTutor nor any of its employees, sub-contractors and agents shall be liable to you or any other party for any loss, demand, damages or claim whatsoever (whether such loss, demand, damages or claims were known, foreseeable, or otherwise) arising in connection with or out of the usage of the Website or information, materials or content included on the Website.
SmileTutor will try to provide clients and tutors with the best match possible, but due to varying factors, we cannot guarantee good results. While SmileTutor will try to resolve conflicts between tutors and clients, we hold no legal liability for problems and disputes that arise. Neither SmileTutor nor any of its employees, sub-contractors and agents shall be responsible for any quarrels, clashes, crime, which may happen between the clients and the tutors when they realize the tuition services.
In no event shall SmileTutor or any of its employees, sub-contractors or agents be liable for any indirect or consequential damage or loss including, without limitation, any;
•loss of actual or anticipated profits (including loss of profits on contracts);
•loss of revenue;
•loss of business;
•loss of opportunity;
•loss of anticipated savings;
•loss of goodwill;
•loss of use of money or otherwise
•loss of reputation;
•loss or damage to or corruption of data,
and whether or not advised of the possibility of such demand, claim, loss, damages or loss and arising in tort (including negligence), contract or otherwise, to the fullest extent that is allowed by law.
The Website provides hypertext links to other sites operated by other services. The usage of such a links means you are leaving the Website. SmileTutor takes no responsibility for and gives no warranties, endorsements, guarantees or representations in respect of, linked sites. We are not liable for the privacy practices, nor do we accept any responsibility in connection with the information of, such websites, including those of our group entities, which will in some cases have their privacy policies tailored to the particular business practices and educational sectors in which they operate.
We are not a publisher of content supplied by third parties and users of the internet. Any offers, services, statements, advice, opinions, or other content that is available by third parties, including information of providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we liable for the accuracy or reliability of any content made on the Website.
The information on the Website is not directed to address your particular demands. Such information does not constitute any form of recommendation or advice by our service and is not intended to be relied upon by you in creation (or refraining from creation) any specific educational, or other, decisions. You should take your advice and make specific inquiries and independently verify any information before relying upon it.
At the request of clients or tutors, we may need to specify gender or race preferences in the jobs or marketing messages we send out via various communication channels This is purely due to clients’ or tutors’ specified preferences and not the agency’s initiative or intention. We are fully supportive and cooperative with TADM guidelines. We do not encourage or condone any form of bigotry or racism – clients that request for specific gender or race are expected to provide valid reasons (for instance, if they are not able to be home to supervise their daughter thus preferring a female teacher for safety reasons)
You agree to defend, hold and indemnify harmless SmileTutor, its directors, agents, officers, employees, and third parties, for any costs, losses, liabilities and expenses (including reasonable fees) relating to or arising out of users use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this contract or your breach of any third parties rights, or your violation of any applicable laws, rules or regulations. SmileTutor reserves the right of assuming the exclusive defense and control of any matter otherwise subject to indemnification by a user, in which event the user will fully cooperate with SmileTutor in asserting any available defenses.
10. Intellectual Property Rights
The Website’s owner and its licensors own all the intellectual property rights and materials involved in this service. You are admitted to the site only for using the material displayed on this Website.
As a condition of your use of the Website, you warrant to SmileTutor that you will not use the Website for any reasons that are illegal or prohibited by these Terms. You may not use the Website in any manner, which could disable, overburden, impair, or damage the Website. You may not attempt to obtain any materials or information through any methods that are not available or provided by our service.
All content that is a part of the Site, such as images, logos, graphics, text as well as any software used on the Site, is the property of SmileTutor and is protected by copyright and other applicable laws. You agree to follow all copyright and other proprietary notices or other limitations that are in any content and will not make any changes thereto.
You will not publish, modify, transmit, reverse engineer, participate in the transfer or sale, or in other way use any of the content, in whole or in part, found on the Website. You are not entitled to make any unauthorized use of any protected content, and in particular, you will not delete or change any proprietary rights or attribution notices in any content. You have to use protected content solely for your personal use and do not let any other persons use the described content without the prior written permission of SmileTutor or the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, implied or expressed, to the intellectual property of SmileTutor or its licensors except as expressly authorized by these Terms.
11. Restrictions and obligations
Some areas of this service are restricted from being access by you and may further restrict access by you to any areas of this service at absolute discretion. Any user ID and password you may have for this Website are confidential, and you must respect confidentiality as well.
You warrant that you will follow, without limitation, all applicable international, national and local laws and regulations concerning your usage of the service and not inhibit the usage and enjoyment of the service by other users or with the operation and management of the Website.
You shall provide accurate, authorized, complete, and true information when providing materials or information on the service, including, without limitation, information required to be provided through SmileTutor Website’s registration form. This includes any certificates, documents, or photos that you upload to our website or send to us or any of our coordinators via various channels. If you submit any inaccurate, false, unauthorized, incomplete or untrue information or you do not meet our criteria as a member, SmileTutor reserves the right to terminate your use and access to the Website temporarily or permanently. You warrant that you will not impersonate any others, whether actual or fictitious, when using the service, or defame or otherwise harm any party through your use of our service.
SmileTutor also reserves the right not to provide services for clients or tutors without reason. Accessing the Website is forbidden from territories where the Service or any Content is illegal; you are responsible for compliance with local laws.
•fraud or fraudulent misrepresentation; or
•the tort of deceit; or
•any other liability which may not be limited or excluded by law.
12. Website Rules and Conduct
You shall not (and shall not permit any third party to) either (a) take any action or (b) post, submit, link, upload, download, to or otherwise distribute or facilitate distribution of any content on or through the Service, that:
•infringes any patent, trademark, trade secret, copyright, a right of publicity or another right of any other person or entity;
•is unlawful, abusive, threatening, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
•involves commercial activities and sales without SmileTutor’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
•impersonates any person or entity, including any employee or representative of SmileTutor.
You also shall not (directly or indirectly):
•take any action that may impose or imposes (as determined by SmileTutor in its sole discretion) an unreasonable or disproportionately large load on SmileTutor’s (or its third party providers’) infrastructure;
•interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
• bypass any measures SmileTutor may use to restrict or prevent access to the Service (or other accounts, networks or computer systems connected to the Service);
•Reverse engineering the Service
•decompile, reverse, decipher, disassemble engineer or otherwise attempt to derive any software code or underlying algorithms of any part of the Website, except to the limited extent Singapore or other applicable laws specifically prohibit such restriction;
•translate, modify or otherwise create derivative works of any part of the Service; or
•distribute, lease, copy, rent or otherwise transfer any or all of the rights that you receive hereunder.
SmileTutor reserves the right to remove any content from the Website or another feature of the Website at any time, for any reasons or no reason at all.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not license, rent, publicly display, adapt modify, sell, create, distribute, copy, reproduce, transmit, publicly perform, publish, edit derivative works from, or otherwise exploit any content or third party submissions or other proprietary rights not owned by you:
(i) without the consent of the respective owners or other valid right and
(ii) in any way that violates any third party right.
You can, to the extent the Website expressly authorizes you to do so, copy or download Content, and other items displayed on the service for download, for personal use only, provided that you maintain all copyright and other similar notices contained in such Content.
Deleting your Account affects all data associated with that account and any services you use. You understand that all your notes and information will be deleted.
Please be aware that the service or other features of the Website may contain, or direct you to services with content that some people may find offensive or inappropriate.
13. Use of communication services
The Site may contain chat areas (blog), news groups, communities, forums, calendars, personal web pages, and/or other message or communication facilities created to enable you to communicate with the public at large or with a group (communication services). You adhere to use these communication services only to send, receive and post material and messages and that are proper and related to the particular communication service.
By way of example, and not as a limitation, you agree that when using a communication service, you will not: harass, abuse, stalk, threaten, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others; post, distribute, upload, publish any inappropriate, defamatory, infringing, obscene, indecent or unlawful material, information, name or topic; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; advertise or offer to sell or buy any goods or services for any business purpose, unless communication service specifically allows such messages.
SmileTutor has no obligation to monitor the communication services. We do not control or endorse the content, messages or information found in any communication service and, therefore, SmileTutor specifically disclaims any liability in the matter of the communication services and any actions resulting from your joining in in any communication service. Managers and hosts have not authorized spokespersons of SmileTutor, and their views do not necessarily reflect those of SmileTutor.
SmileTutor reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. We have the right to terminate your access to any of the communication services at any time without notice for any reason whatsoever.
If the parties are not able to overcome any dispute between them arising out of or concerning service’s Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such conflict shall be overcame only by final and binding arbitration or a similar arbitration service selected by the parties, in Singapore. The arbitrator’s award is final, and judgment is to be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall is entitled to recover its costs and reasonable fees. User agrees to arbitrate all disputes and claims in regards to these Terms or any conflicts arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.
15. Modification of Terms
SmileTutor reserves the right, at its sole discretion, to change or substitute the Terms and Conditions. It is your responsibility to scan the Terms periodically for modifications. Your continued usage of the Services following the posting of any modifications to the Terms will be subject to the new Terms.
Unless otherwise specified herein, this contract constitutes the entire agreement between you and SmileTutor concerning the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SmileTutor with respect to the Website. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or be relating to this agreement to the same extent and subject to the same conditions as other documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.