Terms and Conditions
This website and the services provided therein are only available to users seeking Home Tuition ("Tutor Seekers") or advertisers seeking students for Home Tuition ("Tutors") and are subject to the Terms and Conditions which are set out below. If you do not accept the Terms and Conditions, please do not use this website. Upon your acceptance of the Terms and Conditions, they are binding upon you. HomeTuition Dot Com Sdn Bhd the official owner of HomeTuition.com.my website ("The Company")
may revise the Terms and Conditions from time to time immediately upon notice to you. (Once inserted in the website, it is deemed noticed) Your access to the Company's
website and its services will be terminated upon your failure to adhere to the Terms and Conditions as outlines below.
(1) Copyright, Trademarks etc.
The graphics, images, editorial content and HTML on all the Company's website are the intellectual property of the Company and are protected by copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of the Company. Re-use of any of the foregoing is strictly prohibited and the Company reserves all rights.
(2) Responsibility
The Company may not monitor its website at all times but reserves the right to do so. The Company takes no responsibility whatsoever for any material inputted by any user or others and not posted by the Company. All users acknowledge and agree that they are solely responsible for the form, content and accuracy of any information, advertisement, web page or material contained therein placed by them. The Company is not responsible for the content of any other website linked to the Company's
website; links are provided as internet navigation tools only. The Company does not warrant that any information, advertisement or web page will be viewed by any specific number of users or that it will be viewed by any specific user. The Company is not in anyway to be considered to be an agent with respect to any users use of the Company's website and the Company will not be responsible in any way for any decision, for whatever reason, made by any party seeking or posting tuition offering on the Company's website.
The company does not warrant that its website will operate error-free of that its website and its server are free if viruses or other harmful mechanisms. If use of the website of their contents result in the need for servicing or replacing equipment of data, by any user, the Company will not be responsible for those cost. The Company's
website are their contents are provided on an "As Is" basis without any warranties of any kind. To the fullest extent permitted by law, the Company disclaims all warranties, including without prejudice to the foregoing, any in respect of merchantability, non-infringement or third party rights, fitness for particular purpose, or about the accuracy, reliability completeness or timeliness of the contents, services, software, text, graphics and links of the Company's website.
(3) Own Risk
All users use the Company's website and any other websites accessed through it, at entirely their own risk. All users are responsible for their own communications and are responsible for the consequences of their posting. The Company does not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by other users or endorses any opinions expressed by users. Any reliance by users on material posted by other users will be at their own risk. The Company reserves the right to expel any user and prevent their further access to the Company's
website, at any time for breaching this Agreement or violating the law and also reserves the right to remove any material which is abusive, illegal or disruptive.
(4) Links to Other Sites
The Company's website may contain links to third party website. These are provided solely as a convenience to you and not in any way as an endorsement by the Company of the contents on such third-party website. If any user accesses any linked third party websites, they do so entirely at their own risk. The Company is not responsible for the content of any third party websites linked to the websites and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites. Further any material or details posted in the Company website by any user may be viewed by users of other websites linked to the Company's
websites and the Company will not be responsible of any improper use by any user or third party from linked party website or any data or materials posted on the Company's websites.
(5) Indemnity
All users agree to indemnity, and withhold from any claim the Company, its officers, directors, employees and agents from and against any claims, actions, demands, losses or damages arising from or resulting from the use of the Company's website or their breach of the terms of this Agreement. The Company shall provide prompt notice or any such claim, suit or proceeding to the relevant users.
(6) Disclaimer
The Company, its officers, directors, employees or agents shall not be liable in any event for any losses or damages suffered by any user whatsoever arising or resulting from their use or inability to use the Company's websites and its contents.
(7) Limitation of Liability
Without prejudice to the above, the aggregate liability by the Company to any user for all claims arising from their use of the Company's services and the Company's
websites shall be limited to the amount of the existing package fee subscribed to and paid for by the user (if any) and operative at that time
(8) Acceptable Web Site Users
(a) Specific Users - Tutors Seekers
Tutor Seekers agree that they will only use the Company's website for lawful purposes and to seek tutors. Tutor Seekers send tuition request directly to any tutor who advertises on or through the Company web sites.
Alternatively, Tutor Seekers may send the tuition request to the Company through the Company's website in reply to a tutor advertisement. In such an event the Tutor Seekers request will also remain active on the Company's website for a predetermined period and, unless the Tutor Seekers chooses to delete it, it will thereafter be stored in the Company's database at the Tutor Seekers own risk. The Company also
reserves the right to edit any Tutor Seekers tuition request as it sees fit. Tutor
Seekers acknowledge and agree to the Company's practice of charging Tutors a fee for access to the Company's website, database and to the Tutor Seekers tuition requests and details. The Tutor Seekers also recognizes that he/she has no claims to any such fees received by the Company. The Company will not release the Tutor Seekers personal data information to any parties without the permission, but the Company will release the Tutor Seekers tuition requests to third parties through the use of the Company's search engine or any other means. However, Tutor Seekers do agree that the Company and its associated companies may use the Tutor Seekers personal data information for marketing purposes. Further the Company will not be responsible or held liable in any way if any tutors, whether in Malaysia or elsewhere, should use the Tutor Seekers personal data information for any other use other than for obtaining potential home tuition. Tutor Seekers accept that personal data information given to tutors or other users are given entirely at their own risk.
(b) Specific Users - Tutors
Tutors/advertisers will be entitled to use the Company's websites to advertise tuition offering and/or create their own web page on the Company's website for a predetermined period following agreement of the predetermined service. The only exception is a free trial promotional offer. Tutors will also be entitled to access the Company's
Tutor Seekers Database but agree that all information obtained will only be used for the purpose of obtaining potential tuition jobs. Tutors will be solely responsible for the contents and materials contained in their advertisement or web page. The company reserves the right to edit any advertisement or web page as it sees fit. The Company reserves the right to change the Service Fee or institute new charges or fees, as it deems appropriate. In the event that any Tutor should fail to pay the Service Fee or any other fees or charges due to the Company, the Company reserves the right to suspend or terminate the Tutor's web page or advertisement, without prior notice to the Tutor and further, without prejudice to all other rights and remedies.
(c) Prohibited Users - Tutor Seekers and Tutors
Tutor Seekers and Tutors agree not to use any of the Company's website for any of the following purposes which are expressly prohibited:-
i. Tutor Seekers shall not post any non-relevant information and/or incomplete, false or inaccurate information which not their own accurate request of tutors.
ii. Tutor Seekers shall not respond to any request for any reason other than to request tuition offering and Tutors shall not respond to any Tutor Seekers other than in connection with their request for Tutor. Communications soliciting business for any other reason is prohibited.
iii. All users shall not print, download, duplicate or otherwise copy or use any personally identifiable information about the users. All unsolicited communications of any type to users is strictly prohibited.
iv. All users shall not delete or revise any material posted by any other person or entity.
v. All users are prohibited from violating or attempting to violate the security of the Company's website including, without limitation, accessing data not intended for them of logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.
All users will not use the Company's website in order to transmit, distribute or store material in violation of any applicable law or regulation, or in any manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or that is libelous, obscene, threatening, abusive or hateful.
(9) Governing Law and Jurisdiction
This agreement and any dispute or matter arising from or incidental to your use of the Company's websites shall be governed by the laws of Malaysia and both you and the Company submit to the Jurisdiction of the courts of Malaysia.