Terms of Service
LAST UPDATED: 02 July 2019
1. Acceptance of Terms of Service
1.1 We are Cudy Pte. Ltd. and we own and operate this website (“Site”) at www.tutorsms.com (“TutorSMS”)
1.2 Your use of this Site is subject to these Terms of Service (“TOS”). By using the Site, you are deemed to have accepted and agreed to be bound by these Terms of Service. We may make changes to these Terms of Service from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Service on the Site. Your use of the Site following changes to these Terms of Service will constitute your acceptance of those changes.
1.3 Our Site permits you to access and/or view Content, including but not limited to text, dialogues, software, scripts, graphics, photos, sounds, voice, music, videos, audiovisual combinations, data, information and/or other materials (collectively “Content”) by streaming only on or through our Site, and to enjoy certain social media features and interactive functions among users such as live chat, personal messages and e-commerce under the terms and conditions set forth in these Terms of Service.
2. Ability to accept Terms of Service
2.1 The use of our Site requires compatible devices, Internet access, and periodic updates. The latest version of software, programs and/or applications (collectively “Software”) is recommended and may be required to access our Service for certain features. You acknowledge that you are responsible to obtain and maintain at your own expense all equipment, systems, software, and/or services needed to access our Service and updating the Software.
2.2 Usage of the Site may affect your enjoyment and/or the operation of the broadband or wireless services provided by the third party network and we shall not in any event be liable in respect thereof.
2.3 You agree that the requirements under the section “ABILITY TO ACCEPT TERMS OF SERVICE” may change from time to time and as the user, you are responsible to ensure that all these requirements are met before accessing or using our Site.
2.4 You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
3. Site Access
3.1 Before you can access and/or use our Site, you must register as a user (“Basic User”) by providing us with current, complete and accurate information as required on our Site.
3.2 You must always keep the aforesaid information current, complete and accurate. The information you provide to us via our Site will be dealt with in accordance with our Personal Information Collection Statement.
3.3 We may at times undertake checks to ensure the accuracy of the information you have provided us including means such as contacting you through our customer service.
3.4 You agree to keep your password and user account secure and confidential and not to allow anyone else to use your user account or password to access our Site nor to do anything which would assist or allow anyone who is not a registered user to gain access to our Site; nor to create accounts for others without their permission; nor to create additional user accounts for the purpose of abusing the functionality of our Site or other users’ accounts, nor to seek to pass yourself off as another user; nor to do anything that jeopardize the security of your account.
3.5 You are responsible for all access to the Site using your internet connection, even if the access is by another person and any person who uses our Site and the Content under your user account, regardless whether approved by you, shall be deemed to be your use of our Site and Content. If you have reason to believe that someone has unauthorized use of your password or user account or has committed any other breach of security, please report to us immediately at [email protected] for our immediate suspension of your user account or to take other appropriate actions.
3.6 We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site, or any individual function or feature of the Site will always be available and/or error free. The Site may be unavailable during periods when we are implementing upgrades or carrying out essential maintenance on the Site.
3.8 We reserve the right to not accept your registration in our sole discretion without specifying reason.
4. Site Content
4.1 The usage of our Site, and/or all Content contained within the Site is entirely at your own discretion. Do note that all Content are provided to you “as is”, without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice.
4.2 You may access Content for your information and personal, non-commercial use solely as intended through the provided functionality of our Site and as permitted under these Terms of Service. We and the respective contributors of Content reserve all rights not expressly granted in and to our Site and the Content.
4.3 Though we provide rules for user conduct, we do not control or direct users’ actions on TutorSMS and are not responsible for the content or information users transmit or share on TutorSMS. You understand that you will be exposed to Content when using our Service. Content may be derived from many different sources, and we will not take responsibility for the accuracy, suitability, practicality, safety, or intellectual property rights of or relating to such Content. You further understand and recognise that you may be exposed to Content that is incorrect, offensive, indecent, or unpleasant, and you agree to waive, and therefore do waive, any legal or equitable rights or remedies you have or may have against us with respect to any applicable law, and to agree to indemnify us and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of our Site.
4.4 This section “SITE CONTENT” will endure the cessation or expiry of this Terms of Service and/or your use of our Site.
5. Access to Site outside of Singapore
5.1 We make no promise that the materials on the Site are appropriate or available for use in locations outside Singapore. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
6. Your use of the Site
6.1 Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Service and you agree that you will not:
6.1.1 Use the Site for any fraudulent or unlawful purpose in a manner which infringes the rights of, or restrict or inhibit the use and enjoyment of our Site by any third party including:
i. distributing, threatening, violent, immoral, pornographic or defamatory statement, engaging in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person or disruption of normal follow of dialogue and/or interactive mode via our Site;
ii. defaming, abusing, harassing, stalking, threatening or otherwise violating the rights of others, including without limitation others’ privacy rights or rights of publicity;
iii. impersonating any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or express or imply that we endorse any statement you make;
iv. allowing any person to collect money or other considerations for the use of access of our Site, Content and/or Software under any circumstance unless expressly permitted under these Terms of Service;
v. interfering with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks;
vi. transmitting or otherwise making available in connection with the Site any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
vii. reproducing, duplicating, copying, selling, reselling or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
viii. modifying, adapting, translating, reverse engineering, decompiling or disassembling any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
ix. removing any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
x. framing or mirroring any part of the Site without our express prior written consent;
xi. creating a database by systematically downloading and storing Site content;
xii. using any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
xiii. modifying the Software that is provided by us to access our Site and/or the Content in any manner or form, or to use the modified versions of the Software, for any purposes including obtaining unauthorized access to our Site and/or the Content;
xiv. interfering with or disrupting our Site and/or the Content or servers or networks connected to our Site and/or the Content;
xv. charging for access to any premises where Service is installed for use of or access to our Service, our Site, the Content and/or the Software;
xvi. downloading, selling, sharing, reproducing, copying, distributing, publishing, modifying, preparing derivative works based on our Site or the Content or display our Site or the Content or cause our Site or the Content to be displayed in public or re-direct any Site or the Content in any way or through any media or frame any part of our Site or the Content, whether by actual commitment or procurement or by any means;
xvii. using any robot, spider, scripts, site search, retrieval application, or other manual or automatic device or process to access, monitor, retrieve, index, “data mine”, or in any way reproduce, disrupt or copy, circumvent the navigational structure or presentation of our Site or the Content, and/or the Software;
xviii. hacking, breaking into, or attempt to hack or break into our Site or the Content, the Software, and/or any data zones on our server(s) or that of any third party in any manner, or access such parts of our Site and/or the Content and/or Software which you are not authorized to login;
xix. implanting into any software or other materials that contain any software viruses, worms, time bombs, Trojan horses or other harmful or disruptive component;
xx. obstructing or interfering with our Site or servers or networks connected to our Site, or restrict or inhibit any person to use our Site;
xxi. forging headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our Service;
6.2 You hereby agree to use our Site only for its intended purposes and will not engage in behaviours with the intention of using the Site for other purposes including but not limited to, using our Service and/or our Site to acquire students or tutors for classes, not conducted on our Site.
6.3 We reserve the right to revoke these exceptions either generally or in specific instances.
7. Third-Party Websites
7.1 The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
7.2 You may create a link to this Site, provided that:
7.2.1 The link is fair and legal and is not presented in a way that is:
i. misleading or could suggest any type of association, approval or endorsement by us that does not exist, or
ii. harmful to our reputation or the reputation of any of our affiliates;
7.2.2 You retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.
7.3 We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.
8. Intellectual Property
8.1 The intellectual property rights in the Site and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.
8.2 You agree that we own and retain all rights to our Service, our Site and/or the Software, and we and the contributors of the Content own and retain all rights to the relevant Content. All trademarks, service marks and logos (the “Marks”) on our Service, our Site and/or the Software are owned by or licensed to us.
8.3 You acknowledge that our Service, our Site, the Content, the Marks, and/or the Software are protected by copyright, trademark laws, and other Intellectual property right laws, and you further agree that you are being granted with a non-exclusive, non-transferable, limited license, without right of sublicense, to access and use our Service, our Site, the Content, other than those contributed by you, and/or the Software contained therein on a streaming-only basis in compliance with these Terms of Service.
8.4 Nothing you do on or in relation to our Service, our Site, the Content, other than those contributed by you, the Software, the materials contained therein will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us.
8.5 We expressly reserve the right to take action against you in the event that you infringe any of our intellectual property rights or other rights of any person.
8.6 This section “INTELLECTUAL PROPERTY” will survive the termination or expiry of this Agreement and/or your use of our Service.
9. Limitation of Liability
9.1 We provide the Site on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:
9.1.1 All conditions, warranties and other terms that might otherwise be implied by law into these Terms of Service; and
9.1.2 Any and all liability to you or any third party (including users of our Service, whether authorized or not), whether arising under these Terms of Service or otherwise in connection with your use of the Site.
9.2 The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation):
i. compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties;
ii. any claim relating to any part of our Site, our Service Software and/or Content supplied, provided, sold or made available by or through our Service (or any failure or delay to so supply, provide, sell or make available);
iii. any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our Site, our Service, the Software and/or the Content;
iv. Notwithstanding the foregoing, nothing in these Terms of Service is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Singapore law or statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
9.3 We will not be liable to you or any other third parties, including users of our Service (whether authorized or not), for any timeliness, deletion, non-delivery, errors, interruptions in the transmission, failure or delay in accessing our Service or any part thereof (whether due to the lack of streaming capacity, the reliability and stability of your Internet connection and its speed and bandwidth, or otherwise) and/or the consequences or effects on your mobile network, internet connection, their speed and/or bandwidth that may be caused by our Service; OR (ii) your inability to gain access in whole or in part to our Service due to the delay or failure of any communication networks or any party providing such access.
9.4 We shall not be in any way responsible for any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
9.5 This section “LIMITATION OF LIABILITY” will survive the termination or expiry of this Agreement and/or your use of our Service.
10. Collection of Personal Information
11. Duration of Terms
11.1 These Terms of Service are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.
12. Our Rights
12.1 We may at any time without notice:
i. expand, reduce and/or modify the whole or any part of our Site;
ii. remove, delete, cancel, edit, change, amend or block the whole or any part of the Content;
iii. deactivate the whole or any part of our Site to carry out system maintenance, upgrading, testing and/or repairs;
iv. terminate your user account, or limit or suspend your access to the whole or any part of our Service and/or Content if we believe that such action is appropriate due to your improper use of our Site or breach of any term of this Agreement;
v. at any time employ and/or install software in your personal computer or other personal viewing devices for the purposes of detecting any downloading, copying, storing, distribution, sharing or re-direction of any Content from our Service in any way or through any media and/or for your access to our Service from time to time;
vi. at any time monitor and record your activities and Content posted on our Site through your user account; and/or
vii. place advertising and promotional materials in conjunction with the Content published, within the Content transmitted, on the Site, in our Service and/or the Software at our sole discretion.
13.1 You agree to indemnify and hold us harmless from any claim, costs or demand, (including reasonable attorney fees) made by a third party, relating to or arising from:
i. any violation by you of this Agreement;
ii. your use of our Site, our Service, the Software and/or the Content;
iii. the Content or information you provided;
iv. any and all usage of your user account, whether or not such usage is expressly authorized by you;
v. in connection with any dealings with you through our Service;
vi. your violation of any rights of another, and under which such third party demands from you any compensation, fees or damages (including reasonable attorney fees); and/or
vii. the personal information submitted by you.
13.2 This Section “INDEMNIFICATION” will survive the termination or expiration of this Agreement and/or your use of our Service.
14. Governing Law
14.1 These Terms of Service will be governed by and construed in accordance with the laws of Singapore, and the courts of Singapore will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Service.
14.2 Users of the Site that are located out of Singapore must adhere in accordance with the laws of Singapore. You hereby submit to the non-exclusive jurisdiction of the Singaporean Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
15. Settling of Disputes
15.1 Should a party want to lodge a complaint to TutorSMS regarding a dispute about but not limited to payments and/or unfair reviews that may result in the defamation another individual’s reputation, they can send us an email at [email protected]. We will try our best, in good faith, to settle the dispute as soon as possible in a reasonable manner.
15.2 You hereby release TutorSMS from any claim, cause of action or dispute (claim) you have with us arising out of or relating to disputes with users of our Services or this or this Statement.
15.3 You agree to resolve any claim, cause of action or dispute (claim) you have against TutorSMS exclusively in a Court located in the Republic of Singapore, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the Republic of Singapore will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
16.1 If you make a payment on TutorSMS, you agree to our terms of Payment as stated below:
i. All payment made on TutorSMS site and chat is managed by our payment partner “Stripe Payments Singapore Pte. Ltd. (“Stripe”)” and “Magnet Brains Software Technology Pvt. Ltd. (“Pabbly”)”. All payments must be made by card through the TutorSMS via payment link sent in the chat. All payments should occur through the third party site provided by Pabbly. Do not accept to make payment through any other platforms or means. TutorSMS will not be liable or entertain disputes for transactions that occurred outside of the payment methods that do not strictly follow the payment procedures stipulated on the TutorSMS site or its chats;
ii. in the event that you choose to pay for services provided by TutorSMS or parties listed on TutorSMS by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the payment site;
iii. If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the services provided by TutorSMS or parties listed on TutorSMS ;
iv. you agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service;
v. You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card;
viii. In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto;
16.2 You are required to make payment in full through the third party payment site prior to the start of the first tuition class. Payments made are non-refundable. In the unlikely event a class was missed or cancelled, we will do our best to resolve the issue in a reasonable manner.
16.2.1 In addition, failure to make payment on or before the due date shall entitle us to treat the failure as a repudiation of this Agreement by you and we shall have the right to repudiate further performance thereof and to recover damages for the breach of Agreement.
16.3 The Company Cudy Pte. Ltd. reserves the right to suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution.