Terms of Service
These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by TutorHabit (as defined below).
These Terms apply to all users of the Services, including without limitation users who are tutors, tuition offeror, parents, students, corporates or education institution of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.
These Terms are between you and TutorHabit (for Deepinto Tech Limited) or between you and any different service provider identified for a particular Service.
By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
TutorHabit reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
2. Use of the Services
Subject to your compliance with these Terms, TutorHabit grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You shall use the Services in accordance with these Terms and shall not:
- Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
- Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
- Use the Services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of TutorHabit or its affiliates, partners, suppliers or licensors.
- Use the Services for any purpose for which it is not designed or intended.
- Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by TutorHabit.
- Use any proprietary information or interfaces of TutorHabit or any other intellectual property of TutorHabit in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
- Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
- Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
- Collect any information in respect of other users without their consent.
- Commit any act to avoid paying any applicable fees and/or charges.
- Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
- Authorise or encourage anyone to do any of the foregoing.
TutorHabit reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
You would need to have an account with TutorHabit (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
- If you are an individual, you are at least 18 years of age.
- If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
- You are capable of entering into and performing legally binding contracts under applicable law.
- All information which you provide is accurate, up to date, truthful and complete.
- If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
- You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:
- Keep your password secure.
- Keep your account information up to date at all times.
- Comply with TutorHabit’s prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.
- Unless expressly permitted by TutorHabit and subject to these Terms and any other additional terms as TutorHabit determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.
4. Fees and Payments
Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees, charged for the TutorHabit Coins you may purchase and/or fees and charges otherwise in relation to your Account or listing (collectively, the “TutorHabit Fees”).
You may pay your TutorHabit Fees using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer. You may also pay your TutorHabit Fees through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
You acknowledge and agree that:
- You shall make prompt payment of all TutorHabit Fees, in full before the due date stipulated by TutorHabit for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to TutorHabit, without prejudice to any other rights or remedies available to us, TutorHabit shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue TutorHabit Fees and any legal fees and collection costs incurred by TutorHabit in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;
- in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. TutorHabit reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and
4.1 Listing Fees
You may be charged a listing fee in accordance with TutorHabit’s prevailing listing fees’ rules and charges, which can be found on website.
You acknowledge and agree that:
- TutorHabit does not represent or warrant that any TutorHabit Fees paid or payable will lead to a like, offer, chat and by extension, match; and
- there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
4.2 Matching Fees
You may be charged a matching fee in accordance with TutorHabit’s prevailing matching fees’ rules and charges, which can be found on website.
You acknowledge and agree that:
- TutorHabit does not represent or warrant that tutors and tuition offerors will promise to continue the tuition within or after the first two weeks of the commencement of the newly matched tuition;
- There will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms; and/or (iii) your violation of rules consequences the cancellation of the tuition by tuition offerors or tutors;
5. TutorHabit is a Venue
The Services provide a venue for users to interact with each other. TutorHabit does not pre-screen a user or the Content provided by a user, nor is TutorHabit directly involved in transactions between users. Consequently, TutorHabit has no control over, and you agree that TutorHabit is not responsible or liable for, any of the following:
- The quality, safety, morality or legality of any aspect of the offer listed.
- The truth or accuracy of the listings, the ability of tutors to accept tuitions or the ability of tution offerors, parents, students, corporates or education institution to offer tuitions.
- The true identity, age, nationality, or sense of humour of a user.
- Any Content posted by users.
You are encouraged to use the features and functions available on the Services to communicate with other users with yoru common sense and good judgment. While TutorHabit endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that TutorHabit does not pre-screen Content uploaded by users. TutorHabit shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, TutorHabit shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
- If the Content is in breach of these Terms.
- If TutorHabit has received a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
TutorHabit may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
7. Offering tuitions and accepting tuitions on TutorHabit
In using the Services to create a listing and offer a tuition, post a job opening and/or offer a service (as the case may be), you agree to comply with the following:
- All items must comply with these Terms and TutorHabit's policies, which can be found here.
- Our listing policy which is applicable to all categories except Property, Autos, Jobs and Services.
- You must provide a fair, accurate and complete description of each tuition, including your offer for the tuition.
- Each tuition, job opening and/or offer of services must have its own listing.
- Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
- All tuitions, job opening and/or offer of services must be listed in the appropriate category. All job listings must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by the Government of Hong Kong Special Administrative Region of the People's Republic of China.
- Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites.
You acknowledge and agree that TutorHabit has no control over any website other than the TutorHabit website and shall not in any event be responsible or held liable for any expired job listing which appears on any website other than the TutorHabit website or any expired job listing which is retrieved by any search engine.
Without prejudice to the rest of these Terms and TutorHabit’s policies, you warrant, in respect of each job opportunity, services and/or tuition which you offer for application on the Services (as the case may be), that:
- All selection criteria stated in a job listing are clear, objective and relevant and does not refer to age, race, language, gender, marital status and religion, except where it is a Specific Attribute.
- The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
- All offers made and accepted through the Services are binding.
In communicating with a user through the Services for the offering of or acceptance of a job listing and/or services or purchase or tuition (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
Notwithstanding the foregoing, as TutorHabit is not involved in Transactions which are considered solely between users, TutorHabit cannot ensure that a user (whether as a tutor or tuition offeror) would follow through and complete a Transaction.
8 Payment Services Provider
In order to provide the Payment Services, you acknowledge that TutorHabit may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Payment Service Providers”) into the Platform and that Payment Service Providers provide its payment processing services subject to their respect Additional Terms. In order to use the Payment Services, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms.
By providing the account information for a credit or debit card, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).
By using a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method.
You agree to authorise TutorHabit and/or its related corporations to process the Payment Services on your behalf including but not limited to making, accepting and/or refunding any payments.
9. Disputes with users
If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to TutorHabit, TutorHabit will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release TutorHabit from any claims, demands and damage arising out of your disputes with users of our Services.
11. Intellectual Property
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of TutorHabit. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of TutorHabit. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by TutorHabit.
The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorised by TutorHabit to use TutorHabit’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of TutorHabit, which may be withheld for any or no reason.
12. Reporting Unauthorised Content
TutorHabit reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
13. Suspension and Termination
You may deactivate your Account at any time through the “Settings” section of your Account.
TutorHabit reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
- Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
- Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
- Suspend or terminate your Account and/or your access to the Services at any time, in the event of any act, threats of, verbal and/or written abuse against any TutorHabit user, TutorHabit employees, representatives and/or officer.
- You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.
- Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
14. No Warranty
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content or services accessed or obtained thereby is at your sole risk and discretion.
TutorHabit does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and TutorHabit’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). TutorHabit is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from TutorHabit or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that TutorHabit has no obligation to support or maintain the Services.
TutorHabit disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. TutorHabit is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.
In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. TutorHabit does not accept any responsibility in connection with your participation in activities conducted by any other party.
15. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IN NO EVENT SHALL TutorHabit OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT TutorHabit WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TutorHabit’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY TutorHabit IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF HONG KONG DOLLARS THEN STANDING TO THE TutorHabit COINS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Nothing in these Terms shall apply to or in any way limit or exclude TutorHabit’s liability for: (a) death or personal injury caused by its negligence; (b) dishonesty, deceit or fraudulent misrepresentation; or (c) liability which may not otherwise be limited or excluded under any applicable laws and regulations.
You will indemnify and hold harmless TutorHabit, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
TutorHabit does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that TutorHabit and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
18. Sub-contracting by TutorHabit
TutorHabit reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as TutorHabit deems appropriate.
You and TutorHabit are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by TutorHabit to exercise a right or require performance of an obligation in these Terms shall not affect TutorHabit’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and TutorHabit and supersedes all prior or contemporaneous understandings and/or agreements between you and TutorHabit.
20. Governing Law and Jurisdiction
You hereby agree that the laws of Hong Kong Special Administrative Region of the People's Republic of China. shall govern these Terms and that the courts of Hong Kong Special Administrative Region of the People's Republic of China shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
Last updated on 26 September 2022