1. General Terms
makes this Site available to: (a) clients requiring tuition; and (b) to clients offering tuition services. The Terms outlined below are entered into by Findatutor
and you, and you agree to them by: (a) arranging tutoring lessons through the Site; (b) using the Site for any other purpose; and/or (c) agreeing to these Terms.
The Terms outlined below shall control anything which may be inconsistent with something associated with the Site. Any failure to promptly exercise rights outlined under the Terms will not provide conditions for non-enforcement or create a continuing waiver. If any provision outlined under the Terms is deemed invalid by any law or regulation of government, or by any decision of a court, arbitrator or regulator, the relevant parties agree that a replacement will be found for this provision that fulfils the original business purpose. The other provisions outlined in the Terms will remain in full effect.
This Site provides a forum for students seeking tuition services and connects these users with clients seeking to provide such services. Tutors control all aspects of any lessons contracted through Findatutor, including materials and teaching strategies. Students are responsible for investigating and assessing each tutor’s credentials and experiences, and should also review assessments from other students. All tutoring sessions should be supervised by a responsible adult. Findatutor services may not be available in your location, and available services may vary among locations. Findatutor controls the Site from various locations and does not claim that this website is appropriate or available for use in all locations. Findatutor will attempt to deliver all correspondence sent via the Site’s messaging system, but does not guarantee delivery of all messages.
3. Payment for services and Findatutor packages
a) clients requiring tuition; and (b) to clients offering tuition services. Payment for tuition services provided is solely between the a) clients requiring tuition; and (b) to clients offering tuition services.
(b) to clients offering tuition services Clients offering tuition services on Findatutor are contractually obliged to pay the total amount of the package they choose; 3,6 or 12 months. If Clients offering tuition services on Findatutor wish to cancel their contract they will still be liable to pay for the remaining balance of the contract. Packages will automatically continue on a monthly basis unless Clients offering tuition services contact Findatutor to cancel it 14 days before the end of the contract.
Clients offering tuition services are responsible for paying all taxes and ensuring that they have the legal right to work in Hong Kong.
4. Academic Honesty
Students should not hire tutors to complete papers, finish assignments or do any other work on their behalf which may constitute cheating. Students are not to use Findatutor’s services for any purpose that violates the academic honesty policy or other conduct policies of your academic institution or workplace.
5. Your Obligations and Conduct
By using this site, you agree: (a) to provide accurate, current, and complete information about you when registering for the site (“Registration Data”); (b) to maintain the security of your password and identification; (c) that you are of legal age and have capacity to agree to these Terms; (d) to maintain and promptly update the Registration Data and any information you provide to Findatutor, to keep it accurate, current and complete; and (e) to accept all risks of unauthorised access to information and Registration Data.
All Content uploaded or transmitted through your use of the site is entirely the responsibility of you the User. You agree not to upload, post or otherwise transmit Content that: (a) includes unauthorised disclosure of personal information; (b) is pornographic, defamatory, obscene, harmful, inaccurate, racist, violent, offensive, harassing or otherwise objectionable to Findatutor or other users of the website; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Any Content which violates these Terms, contains third party commercial advertisements or is in any other way construed by Findatutor to be a violation of these Terms, may be removed by Findatutor. Use of the site deemed inappropriate and/or offensive may result in suspension or termination of a User’s account with or without notice. You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum.
- Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content.
- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of other.
- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network.
- Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity.
- Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations.
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site
- Take any action that would undermine any aspect of the Site
- Attempt to gain unauthorised access to the Site, other User accounts, or other device, computer system or networks connected to the Site.
- Impersonate another person or allow any other person or entity to use your user name, password or membership.
- Post the same content repeatedly or spam – spamming is strictly prohibited.
- Restrict or inhibit any other user from using and enjoying the Site.
- Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means).
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site.
By using the Site, you understand and agree that Findatutor may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Findatutor may revise the Eligibility Conditions and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.
You hereby authorise Findatutor to verify the above representations and warranties by you and you acknowledge and agree that Findatutor shall have the right, but not the obligation, to verify such representations and warranties.
You hereby authorise Findatutor to verify the above representations and warranties by you and you acknowledge and agree that Findatutor shall have the right, but not the obligation, to verify such representations and warranties.
You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Findatutor may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
You understand and agree Findatutor neither confirms nor denies the validity of information provided by users and that Findatutor does not verify that any or all of the Eligibility Conditions are met by users. You understand and agree Findatutor does not conduct background checks of any user. You understand and agree to make your own investigations, decisions and assessments about persons to engage and that it is your responsibility to conduct any background and reference checks regarding other users.
Findatutor expressly disclaims, and you expressly release Findatutor from, any and all liability whatsoever for any claims, suits, controversies and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a user’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any user.
Findatutor reserves all of its rights including without limitation its right to remove anything objectionable to Findatutor in its sole discretion. Alleged improprieties by any User may be reported to Findatutor by email at email@example.com.
6. Third Party Reports
Findatutor may use information from third party agencies or organisations performing background checks, among them criminal background checks, motor vehicle records checks, sex offender registry checks and credit checks. Findatutor does not endorse or make any representations on the reliability of such reports or the accuracy of any information contained within them. Information provided by background reports is not independently verified by Findatutor.
You hereby consent to Findatutor collecting, using and disclosing the information in the consumer reports. You understand and agree that Findatutor may rely on the information in the consumer reports in making any decision on whether to suspend or terminate a user or to investigate a complaint about a user, but that Findatutor shall not be liable in any way in the event that any information in the consumer reports about any person, including without limitation any user, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Findatutor reserves the right to suspend and/or terminate any user based on information in the consumer reports or for any other reason in Findatutor’s sole discretion.
7. Confidentiality of Findatutor Information
Certain confidential information related to Findatutor and its affiliates can be obtained through direct access to the site. Confidential Information must be held in strict confidence.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Findatutor adequate to afford Findatutor the opportunity to object to the disclosure; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it; (d) you possessed prior to your receipt from Findatutor, without an obligation to maintain its confidentiality; (e) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential.
8. Content Submitted to the Site
Findatutor does not claim ownership of any Content that you place, upload or transmit on the website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, it is understood that any Content that you provide in connection with this website is done so on a non-confidential basis. Findatutor is free to use such Content for any purpose, and you grant Findatutor an irrevocable, worldwide, royalty-free, nonexclusive license to use, publish, resell, reproduce, distribute display, transmit such Content. You represent and warrant that you have proper authorisation for the worldwide transfer and processing among Findatutor, its affiliates, and third-party providers of any information that you may provide on the Site.
9. Third Party Verification Services
Third party verification services which allow users of the site to assess certain information, including another user’s identity or criminal history, may be made available by Findatutor. Use of such a service is voluntary for both the party requesting the verification and the party undergoing verification. You agree that Findatutor shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate.
10. Advertisements and Promotions
Advertisements and promotions from third parties may be run by Findatutor. Any dealings with advertisers other than Findatutor found on the site are strictly between you and the advertiser. Findatutor is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Findatutor advertisers on the Site.
11. Content Provided Via Links
You agree that Findatutor is not responsible for any external links or resources found on the site, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Findatutor is not responsible for any damage or loss caused by or in connection with use of such content, goods or services available on or through any such site or resource.
12. Intellectual Property Rights
“Findatutor Trademarks” refers to all all names, marks, brands, logos, designs, trade dress, slogans and other designations Findatutor uses in connection with its products and services. You may not remove or alter any Findatutor Trademarks, or co-brand your own products or material with Findatutor Trademarks, without Findatutor’s prior written consent. You acknowledge Findatutor ‘s rights in Findatutor Trademarks and agree that any use of Findatutor Trademarks by you shall inure to Findatutor’s sole benefit. You agree not to incorporate any Findatutor Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Except as expressly authorised by Findatutor or by Content providers, you agree not to reproduce, sell, loan, modify, lease, mirror, distribute, frame, download, transmit, republish or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Findatutor discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
Unless explicitly stated herein, nothing in these Terms shall be understood as conferring any license to intellectual property rights. Permission is granted to display, copy, distribute and download Content owned by Findatutor on this site provided that: (a) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; (b) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (c) the use of such Content is solely for personal and non-commercial use; (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
13. Termination and Suspension
Findatutor reserves the right to terminate, suspend or cancel the account of any user with or without notice at any time in its sole discretion. You agree that, if you are suspended you will not attempt to use the Site after termination or during suspension.
14. Disclaimer of Warranties
The Site is provided on an “as is”, “as available”, and “with all faults” basis. Use of the Site is at your sole risk unless otherwise explicitly stated. Findatutor makes no guarantees, representations, conditions or warranties as to the truth, accuracy, usefulness, quality, suitability or completeness of the Site.
Findatutor disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. Findatutor makes no warranty or representations that: (a) the results that may be obtained from the use of the website will be accurate or reliable; (b) the Site will be timely, secure, error-free or uninterrupted; (c) the quality of any services, products, Content, information, or other material from tutors will meet your expectations or requirements; (d) any errors in the Site will be corrected.
In the event of any damage to your computer system or loss of data that results from obtaining any Content from the Site, you assume all risk.
15. Limitation of Liability
This site provides a forum for students seeking tuition services and connects these users with clients seeking to provide such services. You understand and agree that the acts or omissions of any User is not under the control and is not the responsibility of Findatutor, and that Findatutor makes no claims, representations or warranties about the quality of the services provided by any User. You understand and agree that the performance or conduct, whether offline or online, of any user of the Site is not under the control and is not the responsibility of Findatutor, and that Findatutor expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site.
Findatutor will not be involved in any user interactions. Users of the Site transact between themselves. Findatutor is not responsible for disputes, claims, loss, injury, or damage of ANY KIND that might arise during and after user interaction.
Findatutor expressly disclaims, and each User expressly releases Findatutor from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of users on or off the Site.
To the full extent permitted by law, Findatutor is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if Findatutor has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) content or information users may download, use, modify, or distribute; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the Site; (c) the use of or the inability to use the Site; (d) statements or conduct of any third party on the Site, including without limitation unauthorised access to or alteration of transmission or data, malicious or criminal behaviour, or false or fraudulent transactions.
16. Assumption of Risk
You agree that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other users. You agree to take all necessary precautions.
You agree to indemnify, defend, and hold harmless Findatutor
and its affiliates, shareholders, directors, licensors, subsidiaries, officers, agents, suppliers, other partners, employees and representatives from and against any and all demands, claims, losses, causes of action, expenses, damages and/or liabilities, including reasonable lawyers’ fees and court costs, incurred by Findatutor
If requested by Findatutor
you further agree that you will cooperate in the defence of such claims. Findatutor
reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by users, and you shall not, in any event, settle any claim or matter on behalf ofFindatutor
without the written consent ofFindatutor
If any claim, suit, controversy, injury or damage arises from or is in any way related to the Site or the Terms, it shall be settled by binding arbitration in accordance with the commercial arbitration rules of Hong Kong then in effect and before a single arbitrator chosen by Findatutor. Any such claim, suit, controversy, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, suit, controversy, injury or damage of any other party. The arbitration shall be conducted in Chicago, Illinois, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Findatutor may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
You agree that any material breach of the Terms will result in irreparable harm to Findatutor for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Findatutor will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Findatutor seeks such an injunction.
20. Notices; Modification and Termination of Services; Amendment of Terms
Users may be notified by Findatutor via email, regular mail, or posting notices or links to notices on the Site. Findatutor reserves the right at any time to terminate modify or suspend the services (or any part thereof), and/or use of or access to them, with or without notice. Findatutor may also bar access to or use of, or delete, all related information and files. Findatutor will not be liable to users or any third-party for any modification, suspension, or termination of service, or loss of related information. Findatutor may amend these Terms at any time by posting the amended terms on this Site.
21. Governing Law…
This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of Hong Kong .
21. Entire Agreement
These Terms constitute the entire agreement between you and Findatutor relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Findatutor or third-party products or services.