Edustreet123 Terms and Conditions
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
- THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY EDUSTREET123 OR (B) ANY PERSONS UNDER THE AGE OF 16 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By clicking the “I Agree” button or by otherwise using or registering an account for the Website, You represent (a) that You have not been previously suspended or removed from the Website by Edustreet123; (b) that You are either (i) at least 16 years of age or (ii) Your parent and/or guardian has consented to Your use of the Website; and (c) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.
- Edustreet123 is an online platform that provides access to book a variety of lessons (collectively referred to as “Lessons” and the parties providing such Lessons are referred to as “Tutors”) in their city (“Service”).
- Edustreet123 is a technology company that provides the Platform and/or Service but not the Lessons. The Service enables Edustreet123 members to reserve and book Lessons offered by the Tutors. It is up to the Tutors to offer their Lessons to Edustreet123 members and it is up to Edustreet123 members to accept such Lessons. The Platform and/or Service provided by Edustreet123 is to connect Edustreet123 members with such Tutors but it does not nor is it intended to provide any of the Lessons or any act that can be construed in any way as an act of providing the Lessons.
- In order to use certain features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to Edustreet123, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then You agree to immediately notify Edustreet123 at firstname.lastname@example.org. You may be liable for the losses incurred by Edustreet123 or others due to any unauthorized use of your Website account.
- By accessing, browsing, downloading and/or using the Platform and/or Service, you acknowledge that you agree to comply with and be bound by these Terms, as amended from time to time. If you disagree with any part of these Terms, you must immediately discontinue your access and/or use of the Platform and/or Service.
- Lesson search: You may search for Lessons and Tutors and view related information about lesson types and times, as well as tutors’ information, locations and other related information such as offerings. We may also feature a Lesson as an advertisement on the Platform or on any other social media sites, but this is not a recommendation or endorsement of such Lesson. We make no guarantees or representations on the quality or nature of the Tutors or Lessons.
- Lesson reservations: All Lessons are updated on a from time to time. You must reserve a Lesson on the Platform in advance before you join the Lesson. Some Lessons are popular, so make sure you book in advance. Upon visiting the Lesson, you may be asked to show your identity card/passport for verification purposes. Please make sure it matches with your official name in your Account. We make no guarantees or representations on the availability of Activities available for reservation as access to the Activities is on a “first come first serve” and “space available” basis. You may reserve up to the total number of Eligible Activities per month. Lessons can be reserved one week in advance and will close daily at 12 am midnight, but some Tutors may have shorter reservation windows. We reserve the right to change, remove or add the Tutors without notice to you or liability to us.
- Rate and review a Lesson: You may rate your experience gained from the Lesson or write a free-text review. By posting your rating and/or review on the Platform, you grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, publish, list information regarding, remove, translate, distribute, publicly perform or display, and make derivative works of your rating and/or review in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purposes, including for the purpose of marketing and promoting Edustreet123 and the Platform and/or Service in any media formats and through any media channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. We may, in our sole and absolute discretion, choose to monitor, review or remove your rating and/or review if we think your rating and/or review has violated these Terms.
- Feedback: If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Platform and/or Service (“Feedback”), we have the right to use such Feedback in our sole and absolute discretion. You grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to incorporate and use your Feedback for any purposes.
- Refund policy: Please email to us at email@example.com.
- Communications from Edustreet123: By signing up with Edustreet123, you agree to receive certain email and other communications in connection with the Platform and/or Service. For example, you might receive review requests, Lesson reservation and cancellation confirmations as well as friend requests from other Edustreet123 members. Communications relating to your Account will only be sent for important purposes, such as password recovery. You will also receive our e-mail newsletter from time to time. You can opt-out from receiving our e-mail newsletter by clicking the “Unsubscribe” link at the bottom of the e-mail.
- Multiple accounts: Every member is only entitled to create one account per person. Any member who creates multiple accounts with single identity or multiple identities shall be in violation of these Terms and shall have his Account suspended/terminated and shall not be allowed to have access to the Platform and/or Service upon suspension/termination. We and/or our Tutors reserve the right to review and investigate all allegations of fraudulent activities and to take any and all measures we and/or our Tutor deem necessary to ensure a fair sign up scheme is implemented accordingly.
- Additional terms: When using the Platform and/or Service, you will be subject to any additional guidelines or rules applicable to specific products, services or features which may be posted from time to time (“FAQs”). All such FAQs are hereby incorporated by reference into these Terms. In the event of any inconsistencies or discrepancies between these Terms and the FAQs, these Terms shall prevail. Should you have any questions, please send us an email to firstname.lastname@example.org.
- PROMO CODE
- Promo code is not transferable, exchangeable, convertible or redeemable for cash.
- Promo code may not be combined or accumulated with other offers or promo codes.
- Promo code may only be used pursuant to the specific terms that we establish for such promo code and you must enter the promo code into the “Promo Code” field prior to completing the order.
- If you refer a friend to sign up for an Account with us, you will get a referral fee as indicated on your home screen and such referral fee will be used to offset your next payment.
- There is no limitation on the number of referrals that you can make. You can refer as many friends as you like as long as this referral policy is still in effect.
- We reserve the right to withhold, deduct or remove credits or other features or benefits obtained through the use of promo code by you or any other user in the event that we determine or believe that the use or redemption of the promo code was in error, fraudulent, illegal or in violation of the applicable promo code terms or these Terms.
- We reserve the right to change, suspend, cancel and/or waive the promo code and its applicable terms at any time and from time to time in our sole and absolute discretion without notice to you or liability to us.
- In booking and paying for the learning lesson/s availed of via the Edustreet123 website, the following terms apply:
20% of the total class fee paid accrues to Edustreet123 via online banking. We are not the party to hold any transaction between bank and any user of the website, and cannot be held liable for any issues arising from any such transaction or transaction attempts.
Student is required to pay a 20% of the total class fee upon class booking, for use of the Edustreet123 Service.
You agree that all transactions are non-cancellable and non-refundable except under the following circumstances: a. Student enrols for and pays for a class, but the Tutor refuses to accommodate the Student.
Once the Tutor accepts a Student, Edustreet123 will not provide any refunds for cancelled classes.
- We may make promotional offers or discounts with different features and different rates to our Edustreet123 students from time to time in our sole and absolute discretion and you agree that such promotional offers or discounts, unless also made available to you, shall have no bearing on your use of the Service.
- Taxes: Your purchase of a Lesson is inclusive of applicable taxes where required by law. You agree that your fee shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend us to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
- No refunds: Purchases are not refundable and we will not refund or credit for any partially used or unused lessons unless you provide credible evidence to us to prove that you have been wrongly billed or such other circumstances on a “case to case” basis as we may decide in our sole and absolute discretion.
- We may revise or update these Terms at any time by posting a revised/an updated version on the Platform. Unless stated otherwise, any revision or update takes effect immediately. Your continued access and/or use of the Platform and/or Service after a revision or update to these Terms constitutes your binding acceptance of the revised or updated Terms.
- We may change or update the Platform and/or Service and any information on the Platform and/or Service at any time without notice to you or liability to us. We may also suspend, discontinue, or restrict access to, the Platform and/or Service temporarily or permanently at any time without notice to you or liability to us.
- If You are a User of the Website and are under the age of 16 (“Child User”), You may not register an account for the Website without consent and approval from your legal parent or guardian. A Child User that begins the registration process for himself or herself without a Parent User may have the registration process restricted until a Parent User approves or assumes responsibility for the Child User account.
- If You are at least 16 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Website, You may register a parent account on the Website (“Parent User”). As a Parent User, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that Edustreet123 may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Edustreet123 deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. Edustreet123 reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT EDUSTREET123 CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND EDUSTREET123 IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR A COACH DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by Edustreet123 at any time and without warning for any failure to abide by these Terms.
- Edustreet123 reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.
- Edustreet123 may permit (a) the posting and/or publishing by You and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Postings”) and (b) the posting, creation, or modification by You and other users of computer code (including source code and object code) (“User Code”) (User Postings and User Code, collectively, “User Content”). You understand that whether or not such User Content is published, Edustreet123 does not guarantee any confidentiality with respect to any submissions.
- By posting, submitting or distributing User Content on or through the Website, You hereby grant to Edustreet123 a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
- You are solely responsible for your User Content and the consequences of posting, creating, or publishing them. You represent and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Edustreet123 and Edustreet123’s Users to use and distribute your User Content as necessary to exercise the licenses granted by You in these Terms and in the manner contemplated by Edustreet123 and these Terms; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
- The Website is owned and operated by Edustreet123. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website (the “Website Materials”) are protected by any and all applicable laws and regulations . All Website Materials, and all trademarks, service marks, and trade names, contained on or available through the Website are owned by or licensed to Edustreet123, and Edustreet123 reserves all rights therein and thereto not expressly granted by these Terms.
- Edustreet123 may make available on the Website certain educational videos, exercises, and related supplementary materials that are owned by Edustreet123 or its third-party licensors (the “Licensed Educational Content”). Edustreet123 grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Website by Edustreet123 solely for your personal, non-commercial purposes. Unless expressly indicated on the Website that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
- YOU AGREE NOT TO:
- use the Website for any commercial use or purpose unless expressly permitted by Edustreet123 in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
- post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
- post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;
- assert, or authorize, assist, or encourage any third party to assert, against Edustreet123 or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
- use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by Edustreet123 herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
- intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- The Website may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Edustreet123 does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
- Edustreet123, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Edustreet123 or your use of the Website and remove and discard all or any part of your account, User profile, and User Content, at any time Edustreet123 may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and You agree that Edustreet123 will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Edustreet123 may have at law or in equity. As discussed herein, Edustreet123 does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
- Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Edustreet123 in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.
- You agree to indemnify, defend, and hold harmless Edustreet123, its affiliated companies, employees, agents and its third-party suppliers, licensors, and partners (“Edustreet123 Indemnitees”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any Child User associated with you if you are a Parent User or Coach. Edustreet123 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Edustreet123, and You agree to cooperate with Edustreet123’s defense of these claims. Edustreet123 will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
- The website, and all data, information, software, website materials, content, user content, reference sites, services, or applications made available in conjunction with or through the website, are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extend permissible pursuant to applicable law, Edustreet123, and its affiliates and licensors, disclaim any and all warranties and conditions, whether statutory, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from Edustreet123 or through the website will create any warranty not expressly stated herein.
- Edustreet123, and its partners, and affiliates, do not warrant that the website or any data, user content, functions, or any other information offered on or through the website will be uninterrupted, or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected.
- You understand and agree that your use, access, download, or otherwise obtaining of content, website materials, software, or data through the website is at our own discretion and risk, and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results therefrom.
- While we try to ensure that the tutor is reliable and trustable, we cannot guarantee the safety of the student is free from unwanted consequences. We accept no responsibility for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
- Under no circumstances, including, but not limited to, negligence, will Edustreet123 or its affiliates, partners, employees, agents, or third party partners, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or profits, loss of data, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to the terms or your use of (or inability to use) the website or any reference sites, or any other interactions with Edustreet123, even if Edustreet123 or a Edustreet123 authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Edustreet123’s liability will be limited to the fullest extent permitted by applicable law.
- The failure of Edustreet123 to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Edustreet123.
- The Terms will be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law.
- In the event that the law in a jurisdiction does not allow jurisdiction to be that of the courts of Malaysia or where judgment of a Malaysian court is unenforceable in that country, unresolved disputes shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC as modified or amended from time to time (“Rules”) by a sole arbitrator appointed by the mutual agreement of all the parties (“Arbitrator”). If the parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules.
- The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by all the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
- Any cause of action arising out of or in connection with these Terms or the Platform and/or Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- For us to waive a right under these Terms, the waiver must be in writing.
- To the extent our liability cannot be excluded but can be limited, our liability shall not exceed USD 100.
- We may allow third party advertisers to place advertisements on the Platform or any part thereof. Such advertisements will be clearly identified as originating from third parties. By using the Platform and/or Service, you agree to receive such advertising and marketing materials. If you do not want to receive such advertising and marketing materials you should notify us in writing. We do not endorse, and will not be responsible for, the contents of such advertisements or for your access, use, reliance, sale, purchase, or other action on your part with respect to the contents or subject matter of such advertisements.
- If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
- The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You without Edustreet123’s prior written consent, but may be assigned by Edustreet123 without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
- The Terms, the Privacy Notice and Guidelines constitute the entire agreement between You and Edustreet123 relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Notice or Guidelines made by Edustreet123 as set forth in Section 33 above.
Last updated on 1 December 2016