(Last Updated on 18 May, 2022)
Please read these TutorPartner Terms of Service (the "TutorPartner Terms" or "TutorPartner Terms of Service") carefully as they govern (i) your access to and use of our Sites, (ii) your access to and use of our Applications, or (iii) your access to and use of our services that link to or reference these TutorPartner Terms, and contain important information about your legal rights, remedies and obligations. The Site, Application and other TutorPartner services together are hereinafter collectively referred to as the "TutorPartner Platform". By accessing or using the TutorPartner Platform, you are agreeing to these TutorPartner Terms and concluding a legally binding contract with TutorPartner, whether or not you become a registered user of the TutorPartner Platform. Certain areas of the TutorPartner Platform may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these TutorPartner Terms and the terms and conditions posted for a specific area of the TutorPartner Platform, the terms and conditions that are specific to that area will take precedence with respect to your use of, or access to, that area of the TutorPartner Platform.
You may be referred to in this TutorPartner Terms as "you" or "your", or may be referred to specifically in your applicable role as a Company or an Authorized User (each as defined below). If you are entering into this TutorPartner Terms on behalf of a company or other legal entity (such company or legal entity, the "Company"), this TutorPartner Terms shall be a binding agreement between TutorPartner and the Company that you represent, and you represent that you have the authority to bind such Company, its users, and its affiliates to this TutorPartner Terms. In that case, the terms "you" or "your" shall also refer to such entity, its users, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this TutorPartner Terms, you may not use the Service. If you are entering into this TutorPartner Terms as an individual and not on behalf of a company or other legal entity, this TutorPartner Terms shall be a binding agreement between TutorPartner and you personally. You acknowledge that this TutorPartner terms is a contract between you and TutorPartner, even though it is electronic and is not physically signed by you and TutorPartner, and it governs your use of the Service.
You represent that you have read and understood our privacy policy ("Privacy Policy"), which is available at https://tutorpartner.net/en/privacy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply TutorPartner Terms or other TutorPartner Policies (as defined below); (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding or other legal process served on us; or (iv) protect our rights, reputation, and property or that of our users, affiliates or the public. The extent applicable to your use of the TutorPartner Platform are incorporated by reference into these TutorPartner Terms.
Do not access or use the TutorPartner Platform if you are unwilling or unable to be bound by these TutorPartner Terms.
"Applications" means the applications for mobile, tablet, and other smart devices and application program interfaces provided by TutorPartner, including but not limited to the mobile applications entitled as "TutorPartner" and "Lingbe".
"TutorPartner", "we", "us", or "our" means (i) TutorPartner HK Company, with respect to Users that access and use of the TutorPartner Service.
"TutorPartner Content" means any content that TutorPartner creates and makes available in connection with the TutorPartner Platform, including proprietary TutorPartner content and any content licensed or authorized for use by or through TutorPartner from a third party, but excluding User Content.
"TutorPartner Product" means the Application(s) of "TutorPartner", the Site "www.tutorpartner.net" and any website operated by TutorPartner HK Company.
"User Content" means all content, such as text, photos, audio, video, or other materials and information, that a User posts, uploads, publishes, submits, transmits, includes in their User profile.
"Sites" means TutorPartner’s websites, including but not limited to www.tutorpartner.net.
"Student" means a User that purchases Teacher Services.
"Teacher" means a User that offers and delivers Teacher Services.
"Teacher Services" means all services delivered by Teachers as described in the Teacher Policy, including but not limited to paid lessons, packages and other services.
The TutorPartner Platform is an online venue for language learning where registered users ("Users") may use our Connection Services and Payment Services to directly interact with one another. You understand and agree that TutorPartner is not a party to any agreements entered into between Students and Teachers or between Users, nor is TutorPartner a language services broker or agent. TutorPartner has no control over the conduct of Students, Teachers, Users or other users of the TutorPartner Platform or over any services provided by Teachers or other Users over the TutorPartner Platform, and disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to teach on the TutorPartner Platform, you understand and agree that your relationship with TutorPartner is limited to being a User and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of TutorPartner for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of TutorPartner. TutorPartner does not control, and has no right to control, your listing, your activities associated with your profile or listed services, or any other matters related to any services that you provide. As a User you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of TutorPartner, including by using any TutorPartner intellectual property in an unauthorized or in appropriate manner.
TutorPartner reserves the right, at its sole discretion, to modify the TutorPartner Platform and to modify these TutorPartner Terms, at any time and without prior notice. If we modify these TutorPartner Terms, we will either post the modification on the Sites and the Applications or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these TutorPartner Terms. By continuing to access or use the TutorPartner Platform after we have posted a modification on the Sites and the Applications or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified TutorPartner Terms. If the modified TutorPartner Terms are not acceptable to you, your only recourse is to cease using the TutorPartner Platform.
The TutorPartner Platform is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.
WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH TEACHER ON THE TUTORPAGE PLATFORM IS PROFESSIONAL, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE CHARACTER OR OTHER QUALITIES OF TEACHERS AND THE ACCURACY OF THE INFORMATION TEACHERS PROVIDE VIA THE TUTORPAGE PLATFORM. WHEN INTERACTING WITH OTHER USERS YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON’T KNOW. NEITHER TUTORPAGE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE TUTORPAGE PLATFORM. TUTORPAGE AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE TUTORPAGE PLATFORM.
Teachers may provide certain Teacher Services through the TutorPartner Platform. If you are accepted to be a Teacher, you agree to TutorPartner's Policy. All Users hereby acknowledge that the Teacher Services are solely provided by Teachers and are not provided by TutorPartner. TutorPartner’s responsibility with respect to Teacher Services is limited to facilitating the availability of the TutorPartner Platform.
"TutorPartner Content" means any content that TutorPartner creates and makes available in connection with the TutorPartner Platform, including proprietary TutorPartner content and any content licensed or authorized for use by or through TutorPartner from a third party, but excluding User Content.
Your TutorPartner Account is for personal, non-commercial use only. To create an TutorPartner Account, you must be eligible to use the TutorPartner Platform for which you are registering, be a resident of a country where use of the TutorPartner Platform is permitted, have a valid email address, have a valid mobile phone number (if applicable) and provide truthful and accurate information. You may not impersonate someone else, provide an email address or mobile phone number other than your own or create multiple TutorPartner Accounts. You may choose to show a pseudonym to other Users, but please reUser that others may still be able to identify you if, for example, you include identifying information during your use of the TutorPartner Platform, use the same TutorPartner Account information on other sites or allow other sites to share information about you with us. Please read our Privacy Policy for more information.
In addition, to create an TutorPartner Account, TutorPartner may require you to select a username and password. You acknowledge that you shall be responsible for ensuring that any username you select does not infringe any third-party rights and is not otherwise unlawful. TutorPartner may refuse to grant you a username in TutorPartner’s sole discretion for any reason including if the proposed username impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by TutorPartner in TutorPartner’s sole discretion. Your selection and use of a specific username do not convey any ownership or rights in that username and TutorPartner reserves the right to revoke and/or reassign that username in TutorPartner’s sole discretion. You understand and agree that TutorPartner reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in TutorPartner’s sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR TUTORPAGE ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE TUTORPAGE PLATFORM, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. YOUR TUTORPAGE ACCOUNT MAY BE SUSPENDED OR TERMINATED IF SOMEONE ELSE USES YOUR TUTORPAGE ACCOUNT TO ENGAGE IN ACTIVITY THAT VIOLATES THESE TUTORPAGE TERMS.
You agree to notify TutorPartner immediately of any unauthorized use of your TutorPartner Account. We reserve the right to close your TutorPartner Account at any time if you violate these TutorPartner Terms or if we otherwise have a legitimate interest to do so, such as complying with a legal or regulatory obligation.
"Teacher" means a User that offers and delivers Teacher Services.
All content made available through TutorPartner Platform is either owned by TutorPartner or TutorPartner’s licensors, or is licensed to TutorPartner and TutorPartner’s licensors pursuant to Section 10 (User Content). As between you and TutorPartner, you own your User Content. We own the TutorPartner Content, including but not limited to visual interfaces, interactive features, graphics, design, our compilation of User Content, computer code, products, software, aggregate User review ratings, and all other elements and components of the TutorPartner Platform excluding User Content. As between you and TutorPartner, we also own the copyrights, trademarks, service marks, trade name, and other intellectual property rights throughout the world associated with the TutorPartner Content and the TutorPartner Platform, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the TutorPartner Platform and the TutorPartner Content are retained by TutorPartner.
Subject to and conditioned on compliance with these TutorPartner Terms, TutorPartner hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, terminatable license to access and use the TutorPartner Platform. Except as expressly set forth in these TutorPartner Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display or sell in any form or by any means, in whole or in part, the TutorPartner Content, other Users’ User Content and the TutorPartner Platform without TutorPartner’s or our licensors’ express prior written permission.
The licenses granted to you are conditioned upon your proper conduct and compliance with these TutorPartner Terms at all times, as judged by TutorPartner in TutorPartner’s sole discretion. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the TutorPartner Platform.
We may, in our sole discretion, permit you to post, upload, publish, submit, store or transmit your User Content. By making available any User Content on or through the TutorPartner Platform, you hereby grant to TutorPartner a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of, or to promote or market the TutorPartner Platform. TutorPartner does not claim any ownership rights in any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the TutorPartner Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the TutorPartner Platform or through TutorPartner promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to TutorPartner the rights in such User Content, as contemplated under these TutorPartner Terms; and (ii) neither your User Content nor your posting, uploading, publication, submission or transmittal of your User Content or TutorPartner’s use of your User Content (or any portion thereof) on, through or by means of the TutorPartner Platform or TutorPartner promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you are a Teacher, you may share your User Content with your Students.
TutorPartner respects copyright law and expects its Users to do the same. If you believe that any content on the TutorPartner Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
We are under no obligation to enforce the TutorPartner Terms on your behalf against another User. While we encourage you to let us know if you believe another User has violated the TutorPartner Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the TutorPartner Platform to:
You agree not to:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to these restrictions (even if permissible under applicable law). Moreover, TutorPartner reserves the right to determine what conduct TutorPartner considers to be in violation of these TutorPartner Terms or otherwise outside the intent or spirit of the TutorPartner Platform. TutorPartner reserves the right to take action as a result of any such violation, which may include terminating your TutorPartner Account and prohibiting you from using the TutorPartner Platform in whole or in part.
The TutorPartner Platform may contain links to third-party websites or resources. You acknowledge and agree that TutorPartner is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TutorPartner of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
We may suspend or cancel your TutorPartner Account if we believe that you have violated or acted in a manner that is inconsistently with the letter or the spirit of these TutorPartner Terms, or violated our rights or those of a third-party in connection with your use of the TutorPartner Platform. Without limiting TutorPartner's other remedies, we will suspend, cancel or terminate your TutorPartner Account, suspend your ability to use certain portions of the TutorPartner Platform, freeze or confiscate your TutorPartner balance and/or ban you altogether from the TutorPartner Platform, without notice or liability of any kind, if: (a) you breach any terms and conditions of these TutorPartner Terms or any other written policies and procedures posted on the TutorPartner Platform, including but not limited to TutorPartner Policies; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for TutorPartner.
Once suspended or terminated, you may not continue to use the TutorPartner Platform under a different TutorPartner Account or re-register under a new TutorPartner Account. This includes usage of any associated Payment Services. In addition, violations of these TutorPartner Terms may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If you engage in actions or activities which circumvent the TutorPartner Platform or otherwise reduce service fees owed or paid to TutorPartner under these TutorPartner Terms, you will be liable to TutorPartner for the full amount of the service fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of your TutorPartner Account. TutorPartner reserves the right to terminate any User or project for any reason, at its sole discretion and to refuse to provide registration and Usership to you in the future. If your Usership is canceled, you may no longer have access to data, messages, files and other material you store at the TutorPartner Platform.
THE TUTORPAGE PLATFORM PROVIDED BY TUTORPAGE AND THE SERVICES PROVIDED BY TUTORPAGE, ANY OF OUR LICENSORS OR TEACHERS ARE PROVIDED ON AN "AS IS," AND AS AVAILABLE BASIS, WITHOUT WARRANTY, AND "WITH ALL FAULTS", WITH THE EXPRESS UNDERSTANDING THAT TUTORPAGE MIGHT NOT MONITOR, CONTROL OR VET USER CONTENT OR ANY CONTENT FROM THIRD PARTY. TUTORPAGE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE. YOUR USE OF THE TUTORPAGE PLATFORM IS AT YOUR OWN DISCRETION AND RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE TUTORPAGE PLATFORM BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN ADDITION, NOTWITHSTANDING ANY FEATURE A STUDENT MAY USE TO SELECT A TEACHER, EACH STUDENT IS RESPONSIBLE FOR SELECTING THEIR TEACHER AND NEGOTIATING A CONTRACT AND TUTORPAGE DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES PURCHASED BY A STUDENT ON THE TUTORPAGE PLATFORM AND DOES NOT RECOMMEND ANY PARTICULAR TEACHER. TUTORPAGE DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY TEACHER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.
IN NO EVENT SHALL TUTORPAGE, OUR LICENSORS OR THE TEACHERS BE LIABLE TO YOU OR ANY OTHER USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THESE TUTORPAGE TERMS, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TUTORPAGE TERMS, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE TUTORPAGE PLATFORM PROVIDED UNDER THESE TUTORPAGE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY.
You agree to indemnify, defend and hold TutorPartner harmless, including against all costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the TutorPartner Platform, (ii) your decision to submit postings and accept offers from other User, (iii) any breach of contract or other claims made by Users with which you conducted business through the TutorPartner Platform, (iv) your violation of these TutorPartner Terms, (v) any products or services purchased or obtained by you in connection with the TutorPartner Platform, (vi) any liability arising from the tax treatment of payments to Teachers, (vii) any negligent or intentional wrongdoing committed by you on or through the TutorPartner Platform, (viii) any infringement by you, or any third party using your TutorPartner Account, of any intellectual property or other right of any person or entity, (ix) your failure to pay or dispute of any fees owed to any Teacher or any other amounts owed to other Users; and/or (x) your failure to satisfy your obligations as a Teacher or to a Teacher. TutorPartner reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TutorPartner and you agree to cooperate with TutorPartner’s defense of these claims. You agree not to settle any such matter without the prior written consent of TutorPartner. TutorPartner will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of such claim, action or proceeding.
You may terminate these TutorPartner Terms at any time by closing your TutorPartner Account, discontinuing your use of the TutorPartner Platform and deleting the Applications from your device. You have the right to cancel your TutorPartner Account at any time.
We may suspend, cancel or terminate your TutorPartner Account, suspend your ability to use certain portions of the TutorPartner Platform, freeze or confiscate your TutorPartner balance and/or ban you altogether from the TutorPartner Platform for any reason or for no reason, and without notice or liability of any kind. Reasons for such suspension, cancelation or termination may include, but are not limited to, if we believe in good faith that (a) you, a related person has engaged in any of the restricted conduct described in Section 10 (Restrictions) or otherwise violated or may have violated these TutorPartner Terms and/or any TutorPartner Policies, or (b) your TutorPartner Account and use of the TutorPartner Platform have been inactive for more than twelve (12) months. To the extent that you violate these TutorPartner Terms and we revoke the licenses granted to you, you will lose all benefits and privileges associated with the TutorPartner Platform. We are under no obligation to compensate you for any such losses.
We reserve the right to stop making available any one or more of the TutorPartner Platform, at any time, whether on a temporary or permanent basis and without any liability, compensation, refunds or other compensatory benefits to you. Your license to the TutorPartner Platform automatically ends when we terminate access to such TutorPartner Platform. Any such action could prevent you from accessing your TutorPartner Account, the TutorPartner Platform, any TutorPartner Content, or any other related information.
In the event of any termination of these TutorPartner Terms, whether by you or TutorPartner, the following Sections will continue in full force and effect: Section 7 (Ownership), Section 9 (User Content), including but not limited to TutorPartner’s right to use your User Content, Section 10 (Restrictions), Section 11 (Links), Section 12 (Enforcement of TutorPartner Terms of Service), Section 13 (Disclaimers), Section 14(Limitation of Liability), Section 15 (Indemnification), Section 16 (Suspension, Termination or Cancellation), Section 17 (Entire Agreement), Section 18 (Assignment), Section 19 (Notices), Section 20 (Governing Law and Jurisdiction), Section 21 (Dispute Resolution), Section 22 (Feedback) and Section 23 (General).
Except as they may be supplemented by additional TutorPartner policies, guidelines, standards, or terms for a specific product, feature, service or offering, these TutorPartner Terms together with the TutorPartner Policies constitute the entire and exclusive understanding and agreement between TutorPartner and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between TutorPartner and you in relation to your access to and use of the TutorPartner Platform.
You may not assign or transfer these TutorPartner Terms, or any rights or obligations hereunder, by operation of law or otherwise, without TutorPartner's prior written consent. Any attempt by you to assign or transfer these TutorPartner Terms without such consent will be null and of no effect. TutorPartner may assign or transfer these TutorPartner Terms, and any rights or obligations hereunder, at its sole discretion, without restriction. Subject to the foregoing, these TutorPartner Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless you otherwise indicate in writing to customer service in accordance with Section 24 (Contacting Customer Service), TutorPartner will communicate with you by email or by posting communications on the TutorPartner Platform. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when TutorPartner sends the communication to the email address you have provided to TutorPartner on the TutorPartner Platform, or when TutorPartner posts such communication on the TutorPartner Platform. You must keep your email address updated on the TutorPartner Platform, and you must regularly check the TutorPartner Platform for postings. If you fail to respond to an email message from TutorPartner regarding violation, dispute or complaint within two business days, TutorPartner will have the right to terminate or suspend your TutorPartner Account.
All notices to TutorPartner intended to have a legal effect concerning these TutorPartner Terms must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:
TutorPartner HK Company.
ROOM 803 OCEAN BUILDING NO 80 SHANGHAI STREET
JORDAN
Kowloon, Hong Kong
Such notices to TutorPartner are deemed effective upon receipt.
Except as otherwise specified in Section 21.2 below, any claims arising out of the TutorPartner Platform or these TutorPartner Terms will be subject to the laws of Hong Kong, without reference to conflict of laws principles.
Any claims arising out of the TutorPartner Platform or these TutorPartner Terms that are brought in the United States will be subject to the laws of the State of California without reference to conflict of laws principles.
READ THIS SECTION 22 CAREFULLY. THIS SECTION 22 MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Our customer service department is available as noted in Section 24 (Contacting Customer Service) to address any concerns, disputes, claims or controversies you may have regarding the TutorPartner Platform, these TutorPartner Terms or the relationship between you and TutorPartner (collectively, "Disputes"). Most Disputes are quickly resolved in this manner to our users’ satisfaction. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
In the event that the parties do not agree upon a resolution in connection with a Dispute within a period of thirty (30) calendar days from the time informal dispute resolution is initiated pursuant to Section 21.1 (Initial Dispute Resolution), except as otherwise specified in Section 21.3 (Dispute Resolution for Residents in the United States) below, you and TutorPartner expressly agree that any claim or action arising out of or relating to TutorPartner Platform or these TutorPartner Terms shall be submitted by any party to be finally resolved by arbitration by written notice to the other party. The arbitration shall be conduced in Hong Kong under the auspices of the Hong Kong International Arbitration Center ("HKIAC"). The number of arbitrators shall be one (1) unless otherwise subsequently agreed in writing by the parties. The arbitration proceedings shall be conducted in English. The arbitration tribunal shall apply the arbitration rules of the HKIAC in effect at the time of the arbitration.;
You agree not to, and will not assist, encourage, or enable others to use the TutorPartner Platform to:
The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The AAA Rules and the AAA Consumer Rules are both available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the cost of litigation and the right to discovery may be more limited in arbitration than in court.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback and you irrevocably waive, and cause to be waived, against TutorPartner and other Users any claims and assertions of any moral rights that you may have with respect to such Feedback.
The failure of TutorPartner to enforce any right or provision of these TutorPartner Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TutorPartner. Except as expressly set forth in these TutorPartner Terms, the exercise by either party of any of its remedies under these TutorPartner Terms will be without prejudice to its other remedies under these TutorPartner Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these TutorPartner Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these TutorPartner Terms will remain in full force and effect.
If you wish to report a violation of these Terms, have any questions or need assistance, please contact TutorPartner customer service as follows:
Email: support@tutorpartner.net