(Last Updated on 18 May, 2022)
Please read these TutorPage Terms of Service (the "TutorPage Terms" or "TutorPage 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 TutorPage Terms, and contain important information about your legal rights, remedies and obligations. The Site, Application and other TutorPage services together are hereinafter collectively referred to as the "TutorPage Platform". By accessing or using the TutorPage Platform, you are agreeing to these TutorPage Terms and concluding a legally binding contract with TutorPage, whether or not you become a registered user of the TutorPage Platform. Certain areas of the TutorPage 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 TutorPage Terms and the terms and conditions posted for a specific area of the TutorPage 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 TutorPage Platform.
You may be referred to in this TutorPage 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 TutorPage Terms on behalf of a company or other legal entity (such company or legal entity, the "Company"), this TutorPage Terms shall be a binding agreement between TutorPage 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 TutorPage 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 TutorPage Terms, you may not use the Service. If you are entering into this TutorPage Terms as an individual and not on behalf of a company or other legal entity, this TutorPage Terms shall be a binding agreement between TutorPage and you personally. You acknowledge that this TutorPage terms is a contract between you and TutorPage, even though it is electronic and is not physically signed by you and TutorPage, 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://tutorpage.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 TutorPage Terms or other TutorPage 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 TutorPage Platform are incorporated by reference into these TutorPage Terms.
Do not access or use the TutorPage Platform if you are unwilling or unable to be bound by these TutorPage Terms.
"Applications" means the applications for mobile, tablet, and other smart devices and application program interfaces provided by TutorPage, including but not limited to the mobile applications entitled as "TutorPage" and "Lingbe".
"TutorPage", "we", "us", or "our" means (i) TutorPage HK Company, with respect to Users that access and use of the TutorPage Service.
"TutorPage Content" means any content that TutorPage creates and makes available in connection with the TutorPage Platform, including proprietary TutorPage content and any content licensed or authorized for use by or through TutorPage from a third party, but excluding User Content.
"TutorPage Product" means the Application(s) of "TutorPage", the Site "www.tutorpage.net" and any website operated by TutorPage 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 TutorPage’s websites, including but not limited to www.tutorpage.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 TutorPage 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 TutorPage is not a party to any agreements entered into between Students and Teachers or between Users, nor is TutorPage a language services broker or agent. TutorPage has no control over the conduct of Students, Teachers, Users or other users of the TutorPage Platform or over any services provided by Teachers or other Users over the TutorPage Platform, and disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to teach on the TutorPage Platform, you understand and agree that your relationship with TutorPage is limited to being a User and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of TutorPage 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 TutorPage. TutorPage 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 TutorPage, including by using any TutorPage intellectual property in an unauthorized or in appropriate manner.
TutorPage reserves the right, at its sole discretion, to modify the TutorPage Platform and to modify these TutorPage Terms, at any time and without prior notice. If we modify these TutorPage 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 TutorPage Terms. By continuing to access or use the TutorPage 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 TutorPage Terms. If the modified TutorPage Terms are not acceptable to you, your only recourse is to cease using the TutorPage Platform.
The TutorPage 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 TutorPage Platform. If you are accepted to be a Teacher, you agree to TutorPage's Policy. All Users hereby acknowledge that the Teacher Services are solely provided by Teachers and are not provided by TutorPage. TutorPage’s responsibility with respect to Teacher Services is limited to facilitating the availability of the TutorPage Platform.
"TutorPage Content" means any content that TutorPage creates and makes available in connection with the TutorPage Platform, including proprietary TutorPage content and any content licensed or authorized for use by or through TutorPage from a third party, but excluding User Content.
Your TutorPage Account is for personal, non-commercial use only. To create an TutorPage Account, you must be eligible to use the TutorPage Platform for which you are registering, be a resident of a country where use of the TutorPage 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 TutorPage 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 TutorPage Platform, use the same TutorPage 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 TutorPage Account, TutorPage 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. TutorPage may refuse to grant you a username in TutorPage’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 TutorPage in TutorPage’s sole discretion. Your selection and use of a specific username do not convey any ownership or rights in that username and TutorPage reserves the right to revoke and/or reassign that username in TutorPage’s sole discretion. You understand and agree that TutorPage 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 TutorPage’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 TutorPage immediately of any unauthorized use of your TutorPage Account. We reserve the right to close your TutorPage Account at any time if you violate these TutorPage 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 TutorPage Platform is either owned by TutorPage or TutorPage’s licensors, or is licensed to TutorPage and TutorPage’s licensors pursuant to Section 10 (User Content). As between you and TutorPage, you own your User Content. We own the TutorPage 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 TutorPage Platform excluding User Content. As between you and TutorPage, we also own the copyrights, trademarks, service marks, trade name, and other intellectual property rights throughout the world associated with the TutorPage Content and the TutorPage 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 TutorPage Platform and the TutorPage Content are retained by TutorPage.
Subject to and conditioned on compliance with these TutorPage Terms, TutorPage hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, terminatable license to access and use the TutorPage Platform. Except as expressly set forth in these TutorPage 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 TutorPage Content, other Users’ User Content and the TutorPage Platform without TutorPage’s or our licensors’ express prior written permission.
The licenses granted to you are conditioned upon your proper conduct and compliance with these TutorPage Terms at all times, as judged by TutorPage in TutorPage’s sole discretion. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the TutorPage 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 TutorPage Platform, you hereby grant to TutorPage 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 TutorPage Platform. TutorPage 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 TutorPage 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 TutorPage Platform or through TutorPage promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to TutorPage the rights in such User Content, as contemplated under these TutorPage Terms; and (ii) neither your User Content nor your posting, uploading, publication, submission or transmittal of your User Content or TutorPage’s use of your User Content (or any portion thereof) on, through or by means of the TutorPage Platform or TutorPage 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.
TutorPage respects copyright law and expects its Users to do the same. If you believe that any content on the TutorPage Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
We are under no obligation to enforce the TutorPage Terms on your behalf against another User. While we encourage you to let us know if you believe another User has violated the TutorPage 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 TutorPage 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, TutorPage reserves the right to determine what conduct TutorPage considers to be in violation of these TutorPage Terms or otherwise outside the intent or spirit of the TutorPage Platform. TutorPage reserves the right to take action as a result of any such violation, which may include terminating your TutorPage Account and prohibiting you from using the TutorPage Platform in whole or in part.
The TutorPage Platform may contain links to third-party websites or resources. You acknowledge and agree that TutorPage 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 TutorPage 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 TutorPage Account if we believe that you have violated or acted in a manner that is inconsistently with the letter or the spirit of these TutorPage Terms, or violated our rights or those of a third-party in connection with your use of the TutorPage Platform. Without limiting TutorPage's other remedies, we will suspend, cancel or terminate your TutorPage Account, suspend your ability to use certain portions of the TutorPage Platform, freeze or confiscate your TutorPage balance and/or ban you altogether from the TutorPage Platform, without notice or liability of any kind, if: (a) you breach any terms and conditions of these TutorPage Terms or any other written policies and procedures posted on the TutorPage Platform, including but not limited to TutorPage 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 TutorPage.
Once suspended or terminated, you may not continue to use the TutorPage Platform under a different TutorPage Account or re-register under a new TutorPage Account. This includes usage of any associated Payment Services. In addition, violations of these TutorPage 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 TutorPage Platform or otherwise reduce service fees owed or paid to TutorPage under these TutorPage Terms, you will be liable to TutorPage 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 TutorPage Account. TutorPage 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 TutorPage 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 TutorPage 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 TutorPage 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 TutorPage Platform, (iv) your violation of these TutorPage Terms, (v) any products or services purchased or obtained by you in connection with the TutorPage 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 TutorPage Platform, (viii) any infringement by you, or any third party using your TutorPage 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. TutorPage reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TutorPage and you agree to cooperate with TutorPage’s defense of these claims. You agree not to settle any such matter without the prior written consent of TutorPage. TutorPage 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 TutorPage Terms at any time by closing your TutorPage Account, discontinuing your use of the TutorPage Platform and deleting the Applications from your device. You have the right to cancel your TutorPage Account at any time.
We may suspend, cancel or terminate your TutorPage Account, suspend your ability to use certain portions of the TutorPage Platform, freeze or confiscate your TutorPage balance and/or ban you altogether from the TutorPage 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 TutorPage Terms and/or any TutorPage Policies, or (b) your TutorPage Account and use of the TutorPage Platform have been inactive for more than twelve (12) months. To the extent that you violate these TutorPage Terms and we revoke the licenses granted to you, you will lose all benefits and privileges associated with the TutorPage 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 TutorPage 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 TutorPage Platform automatically ends when we terminate access to such TutorPage Platform. Any such action could prevent you from accessing your TutorPage Account, the TutorPage Platform, any TutorPage Content, or any other related information.
In the event of any termination of these TutorPage Terms, whether by you or TutorPage, the following Sections will continue in full force and effect: Section 7 (Ownership), Section 9 (User Content), including but not limited to TutorPage’s right to use your User Content, Section 10 (Restrictions), Section 11 (Links), Section 12 (Enforcement of TutorPage 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 TutorPage policies, guidelines, standards, or terms for a specific product, feature, service or offering, these TutorPage Terms together with the TutorPage Policies constitute the entire and exclusive understanding and agreement between TutorPage and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between TutorPage and you in relation to your access to and use of the TutorPage Platform.
You may not assign or transfer these TutorPage Terms, or any rights or obligations hereunder, by operation of law or otherwise, without TutorPage's prior written consent. Any attempt by you to assign or transfer these TutorPage Terms without such consent will be null and of no effect. TutorPage may assign or transfer these TutorPage Terms, and any rights or obligations hereunder, at its sole discretion, without restriction. Subject to the foregoing, these TutorPage 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), TutorPage will communicate with you by email or by posting communications on the TutorPage 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 TutorPage sends the communication to the email address you have provided to TutorPage on the TutorPage Platform, or when TutorPage posts such communication on the TutorPage Platform. You must keep your email address updated on the TutorPage Platform, and you must regularly check the TutorPage Platform for postings. If you fail to respond to an email message from TutorPage regarding violation, dispute or complaint within two business days, TutorPage will have the right to terminate or suspend your TutorPage Account.
All notices to TutorPage intended to have a legal effect concerning these TutorPage Terms must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:
TutorPage HK Company.
ROOM 803 OCEAN BUILDING NO 80 SHANGHAI STREET
JORDAN
Kowloon, Hong Kong
Such notices to TutorPage are deemed effective upon receipt.
Except as otherwise specified in Section 21.2 below, any claims arising out of the TutorPage Platform or these TutorPage Terms will be subject to the laws of Hong Kong, without reference to conflict of laws principles.
Any claims arising out of the TutorPage Platform or these TutorPage 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 TutorPage Platform, these TutorPage Terms or the relationship between you and TutorPage (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 TutorPage expressly agree that any claim or action arising out of or relating to TutorPage Platform or these TutorPage 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 TutorPage 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 TutorPage and other Users any claims and assertions of any moral rights that you may have with respect to such Feedback.
The failure of TutorPage to enforce any right or provision of these TutorPage 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 TutorPage. Except as expressly set forth in these TutorPage Terms, the exercise by either party of any of its remedies under these TutorPage Terms will be without prejudice to its other remedies under these TutorPage Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these TutorPage Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these TutorPage 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 TutorPage customer service as follows:
Email: support@tutorpage.net