Tutor Terms and Conditions
The following are the terms and conditions that you must abide by in relation to the use of the getutor.com.hk website ("this website") and the services provided by the Hong Kong Tutors Association. By pressing "I Accept", you agree to be bound by these Terms and Conditions.
The Hong Kong Tutors Association may revise the contract at any time, and the revised terms will be posted on this website. The new revised terms will automatically take effect seven days after posting. Therefore, you should regularly review the changes made by the Hong Kong Tutors Association to these terms. If you continue to use this website or the services provided by this website after any changes to these terms have been made, you accept such changes. This contract istwentyRevised January 1, 2009.
1.1 Definition of vocabulary
The following terms have the following definitions in this contract:
"Case confirmation (confirm)/accept the case" means that if the staff of this website indicates "the case has been confirmed/confirmed" in the telephone conversation, if the instructor does not object, the case has been regarded as "confirmed" from the moment after the end of the call /confirm/accepted/accepted"
"General subjects" refers to the regular subjects of the whole level, primary subjects are "Chinese, English, Mathematics, General Studies, Putonghua", and secondary subjects need to be determined according to the situation of individual schools.
"Tutor/Parent/Hong Kong Tutors Association Tripartite Relationship" The relationship between tutors and parents is a service cooperation relationship, during which it is only an independent cooperation contract, and there is no employment relationship; tutors and this website only exist as service providers and service users There is no employment relationship between the two parties, and the service has nothing to do with "employment introduction"
"Membership Agreement" refers to any part of the guidelines, guidelines, content, terms, and descriptions shown on this website, which are part of the membership agreement. This website has the right to charge fees in accordance with the contract. Successful registration means that the instructor agrees to all terms
"Company business registration and investigation of illegal acts" refers to the service company provided by this website, the Hong Kong Mentor Association, which is a legally registered company of the Hong Kong Special Administrative Region Government. Regulation and legal driving, Internet commerce and other industries are bound and protected by the same laws
"Tutor registration" refers to the registration of member tutors on this website, which is legally the same as the physical contract
"Deceptive conduct" means the member tutors falsely report information for registration / deceive / defraud in tandem with students or parents
"Getutor" the website www.getutor.com.hk provided by the Hong Kong Mentors Association
1.2 Gender and Number
Unless the context otherwise requires, references to the terms of this contract refer to the terms of this contract, words indicating the singular also include the plural and vice versa; words indicating natural persons also include companies and unregistered organizations; words indicating masculine Also includes female and gender neutral.
The headings in this contract are for convenience only, are not part of the content of this contract, and in no way affect the interpretation of this contract or any part of it.
2. Provide services
Anyone who wants to use the services of this website as a tutor must first register as a member.
2.2 Register as a member
The user provides Getutor with all the required information and fills in the online form, and then clicks the "Confirm" button to become a member. Getutor reserves the right to reject any membership application without explanation.
3. Membership Qualifications
A natural person aged 15 or above, a natural person with a secondary education level of 4 or above and a person with the mental and legal capacity to enter into a contract, and a company whose constitution, by-laws and company memorandum of association have approved it to enter into this contract with Getutor to apply for membership. Getutor reserves the right to refuse any person's application for membership or to terminate any person's membership without any explanation. Persons who do not meet the above qualifications may not use the Services.
4.1 Instructions for tutor fees
Fees for use of the Services ("Charges") are listed in the "Instructor Fee Description" (Charge Description), which is incorporated into this contract and deemed to form part of the contract. Getutor reserves the right to change the charges at any time, and the new charges will take effect on the specified date (the effective date will be within seven days of posting the revised fee schedule on the website). All users must check the fee schedule each time they use the service.
4.2 Payment method
Fees are paid in the following ways: If the user is a natural person, he must authorize Getutor to make online payment from his credit card account to the Hong Kong Tutors Association via bank transfer or credit card online payment or telephone. In this regard, the user shall authorize Getutor to pay the payment to the account that has given the credit card backup information when the payment is due; if any user fails to pay the fee on time, Getutor has the right to suspend the user's membership and suspend the provision of services until until the user pays. The user is required to pay the interest on the outstanding amount at Getutor's request, and the daily interest will be paid at the rate of 2% per month, calculated from the due date of payment until payment is made. This amount is liquidated damages for late payment, not a penalty. In addition, Getutor has the right to levy a fine of 10% on the outstanding balance and 10% after the client fails to make payment ten days after the overdue period; if the Hong Kong Tutors Association is finally handed over to a legal collection company in the Hong Kong Special Administrative Region and a lawyer will issue relevant letters to collect it on its behalf , In addition to paying the relevant service fees, interest and related fines, the tutor must also pay all the service fees or commissions of the collection company, lawyers and legal affairs fees derived from its arrears.
All charges are in Hong Kong dollars unless otherwise stated.
4.4 Other Miscellaneous Fees
You are solely responsible for all applicable taxes, as well as the tax situation arising from your use of Getutor. Getutor may add, delete or change some or all of the Services at any time at Getutor's sole discretion.
5. Responsibilities of Getutor
5.1 Getutor only serves as an online trading platform
Getutor is only an online trading platform for tutors and parents or students to match each other, so that tutors can provide tutoring services to parents or students.
5.2 No guarantee is given to the reasonableness of parents' or students' requirements for tutors and no guarantee of tutors' life safety.
Getutor expressly states that it has not conducted interviews or home visits with parents or students in advance, and that the legality, suitability or other reasonableness and principles of parents or students regarding the tutor's morality, academics, accomplishment, teaching quality and quality, etc., are not under Getutor's control In addition, Getutor expressly states that the life safety or other personal interests of the mentor are not within the control of Getutor. Getutor does not accept or assume any legal responsibility between tutors and parents or students.
5.3 Long-term use of tutors by parents or students is not guaranteed
Getutor does not guarantee the long-term use of tutors by parents or students. If tutors use the services of this website, they must evaluate their own risks or other personal interests. All persons must be aware of the risks involved in dealing with persons under the legal age, persons who provide false reasons or who do not have the capacity to contract.
5.4 No guarantee of parent or student or tutor status
Getutor cannot and will not confirm the identity of each parent or student or tutor. Therefore, you must be careful to guard against deception when accepting transactions with parents or students as indicated by Getutor. Getutor is not responsible for any actions or omissions of any user.
5.5 The accuracy of the information is not guaranteed
Getutor cannot control the information provided by parents or students through this website. The relevant guarantee items have been listed in the fee description or service introduction. As mentioned above, the fee description has been incorporated into this contract and is deemed to form part of the contract. share. Therefore, Getutor does not guarantee the accuracy of any information provided by any person through the use of the service.
5.6 Release Getutor's legal liability
In the event of any disputes between parents or students and tutors or arising out of the use of the Services, all liabilities, claims, demands, damages (substantial or indirect) of whatsoever nature related to or arising out of such disputes, Known and unknown, suspected or not, disclosed or undisclosed, Getutor shall not be liable for any relevant legal responsibility.
5.7 Getutor's expenses
All costs incurred by Getutor in response to your request or order given in any litigation in which you are involved (whether by way of subpoena or decree of any court of competent jurisdiction, including compliance with any disclosure decree or appearing in court to testify) , including Getutor's expenses in seeking legal or other professional advice or representations, are solely your responsibility. (In all such cases, all costs are calculated on the basis of actual losses).
6. Terms and Conditions for Tuition Intermediary Services
6.1 Basic Responsibilities of Instructors
If you, as a tutor, confirm that you have accepted Getutor's case, you must try your best to follow the instructions issued by Getutor, arrive on time and complete the class on time, and do not delete time without the consent of parents or students.
6.2 Instructor's responsibility to provide correct information
If the tutor does not provide correct information, or the tutor case service is terminated due to the failure to provide correct information, Getutor may refuse to provide services for him, and may also charge administrative fees.
6.3 Instructor's Payment Responsibilities
Instructors must pay the required fees on or before the date specified by Getutor. The method of charging and levy has been listed in the fee description.
6.4 Responsibilities arising from the withdrawal of the case by the instructor
After the case has been confirmed, if the tutor decides not to provide services to the relevant parents or students, the tutor needs to pay the administrative fees arising from the withdrawal of the case, and pay the required fees on or before the date specified by Getutor. listed on the fee description.
6.5 Instructor's liability for deceptive conduct
If the tutor is confirmed, or Getutor believes or discovers that the tutor is likely to engage in any deceptive conduct in tandem with parents or students, including any false report to Getutor that the services have been terminated by any of the tutors while the tutor is still providing relevant services to parents or students, Getutor The membership of the tutor will be terminated immediately, and the relevant person will be required to pay all the relevant fees within five days; even if the parent or student decides to terminate the service of the relevant person, the relevant person must still pay the full service fee. Getutor reserves all criminal and civil rights and will not tolerate any fraudulent behavior.
8. Rights of Getutor
8.1 Getutor has the right to suspend or terminate the user's qualification without paying compensation if the user is found to have the following behaviors:
(a) breach of the terms and conditions set out in this contract, or
(b) engage in deceptive conduct in connection with this website (through conviction, settlement, insurance or escrow investigation or otherwise).
8.2 Right to process data provided by users
Getutor has the absolute and unrestricted right to refuse or delete any information provided by users without notice or compensation to any party. Without prejudice to this right, if any information provided by the tutor is published or continues to be published, it will cause Getutor to bear any legal responsibility for third parties, or cause Getutor to violate any laws or rules or regulations of any valid jurisdiction. For the benefit of the three, Getutor reserves the right to refuse or modify any information provided.
8.3 The right to withdraw the provision of intermediary services
Getutor reserves the absolute and unfettered right to withdraw any conditions of service without notice or compensation to the tutor. Without derogating from this right, Getutor reserves the right to withdraw the service if:
(a) the personal data provided by the tutor is highly likely to be incorrect;
(b) the tutor is found to be in breach of the terms and conditions set out in this contract, or his account is ordered to be suspended by Getutor in accordance with the terms of this contract;
(c) Getutor cannot verify or substantiate any information provided by the tutor or parent or student for any reason.
8.4 Intermediary fee discount
For agency fee discounts/rebates, the Association reserves the right of final decision.
9. NO WARRANTY
9.1 Services are provided on an "as is" basis
Getutor provides this website service on an "as is" basis. The only responsibilities of Getutor are listed in this contract. Getutor makes no warranties or conditions, express or implied, other than those expressly set out in this contract. Getutor cannot guarantee that the functionality of this website and the services provided will be uninterrupted or error-free, or that problems will be corrected or that this website or its servers will be free of viruses or other harmful elements. Getutor does not warrant or make any representations about the user or the consequences of the user's use of this website.
9.2 Responsibility for providing payment mechanisms
Payment mechanisms and ancillary processing payment facilities provided to users are for user convenience only and Getutor makes no warranties, express or implied, with respect to such facilities. In no event shall Getutor be liable for any erroneous monthly statement from or due to any error and/or error and/or erroneous deduction or credit to the credit card account of the user and any failure, malfunction, interruption, downtime, disturbance, calculation error, is liable for any losses, damages, costs or expenses suffered or incurred as a result of delays, inaccuracies, losses or data corruption or any other failure of the payment channel facilities.
10. Other matters
10.1 The User shall not:
(a) use any device, software or program to interfere or attempt to interfere with the proper functioning of this website or any transactions conducted on this website;
(b) conduct any activity that places an unreasonable or disproportionately large load on the infrastructure of this website;
(c) disclose his password to a third party or use the same password with a third party or use his password for unauthorized purposes.
10.2 Compliance with the law
All users must comply with all applicable laws, regulations, rules and codes when using the services of this website.
10.3 No agency relationship
Nothing in this document shall create or create any relationship of agency, partnership, associate, employee/employer or franchisee/franchise contractor between Getutor and any person or company or other user of this website or service.
Unless otherwise stated, all notices are given by email or telephone, and in the case of users, if notices have been sent through the email address provided by the user to Getutor at the time of registration or other email address designated by the user or by posting on this website notice is deemed to have been given. Getutor reserves the right to send newsletters in various forms, including emails, mails, etc. If you wish to no longer receive, you must notify us by email beforehand, and we will reply to you after processing. If members need to receive them again in the future, they must notify Getutor by email again. Getutor has the final interpretation right of this membership contract.
10.5 Independence of Terms
If any provision of this contract is unlawful or unenforceable under the applicable law actually cited by any court of competent jurisdiction, such provision will be severed from the contract and shall be deemed void and in no way affect the remaining provisions of this contract . However, to the extent permitted by the relevant law, if the relevant provisions of the law can be waived, the parties must agree to their waiver in order for the relevant provisions of this contract to be valid, binding and enforceable.
10.6 Integrity of web pages
If you use the Getutor system or any program or server leakage to steal any information, you shall bear all legal responsibilities.
10.7 Laws and Judicial Bodies Governed by the Bank
(a) This contract is governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
(b) For any legal action or lawsuit related to or arising out of the use of this website, any party concerned shall submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region; neither party shall be brought to any disproportionate court in such lawsuit objection for reasons.
(c) The aforesaid willingness to submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region shall not affect the right of any other party to bring proceedings in any jurisdiction; and bringing proceedings in any jurisdiction does not imply that any other party cannot any jurisdiction to file a lawsuit.
This contract is only available in Chinese for the time being. If there is an English version in the future, if there is any discrepancy between the Chinese and English versions, the Chinese version shall prevail.