TERMS AND CONDITIONS FOR TUTE HONG KONG LIMITED
These terms and conditions (together with the documents referred to herein) govern the relationship between you and Tute Hong Kong Limited when you apply to, purchase and/or enrol on any of the tutorials including, without limitation, our one to one tutorials, group tutorials, webinars and any other educational services we may provide from time to time (“Service” or “Services”) listed on our website at tute.hk (“Website”). These terms and conditions set out important information regarding your rights, obligations and the restrictions that will apply when you apply to enrol on the Services, purchase the Services and participate in the Services either for yourself or for a student in your care (“your student”).
Any reference to “you” or “your”, means you as a customer purchasing our Services. Any reference to “we”, “us” or “our” is to Tute Hong Kong Limited. Any reference to “written” includes email.
Please read these terms and conditions carefully before applying to enrol on a Tutorial from our Website. Please be aware that by applying to enrol on any of our Services, you agree to be legally bound by these terms and conditions. You should retain your copy of these terms and conditions for future reference.
If you refuse to accept these terms and conditions, you will not be able to participate in a Tutorial or access the Platform.
1. OUR CONTACT WITH YOU
1.1. These are the terms and conditions on which we provide the Services to you.
1.2. Please ensure that you read these terms and conditions carefully, and check that the details on your application (made using our Website) for Services (“Application“) and in these terms and conditions are complete and accurate, before you submit your Application.
1.3. The minimum specification required to use the Platform (and therefore the Services) is:
1.3.1. a Chrome 38+ browser or Internet Explorer 10+ browser;
1.3.2. a webcam;
1.3.3. a microphone and speaker (“Minimum Specification”).
1.4. By submitting your Application you confirm that:
1.4.1. you are legally capable of entering into binding contracts;
1.4.2. if applicable, you are legally capable of entering into binding contracts on your student ‘s behalf; and
1.4.3. you are at least 18 years old.
If you do not comply with any of the above conditions in this Condition 1.4 you are not entitled to enrol on Services.
1.5. When you submit your Application to us, this does not mean we have accepted your Application to purchase a Service. After submitting your Application, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Our acceptance of the Application will take place as described in Condition 1.6 . If we are unable to supply you with the Service, we will inform you of this in writing and we will not process the Application.
1.6. These terms and conditions will become binding on you and us when we issue you with a written acceptance of an Application (the “Confirmation“), at which point a contract will come into existence between you and us (“Contract“).
2. CHANGES TO THESE TERMS AND CONDITIONS
2.1. We may revise these terms and conditions from time to time in the following circumstances:
2.1.1. changes in how we accept payment from you;
2.1.2. changes in relevant laws and regulatory requirements; and
2.1.3. changes to our Services.
2.2. If we have to revise these terms and conditions under Condition 2.1, we will give you at least one month’s written notice of any changes to these terms and conditions before they take effect. If you do not agree to such changes you can choose to cancel the contract in accordance with Condition 9.2.4.
3. PROVIDING THE SERVICES
3.1. The Services will be available to you on the scheduled date set out in in the Confirmation.
3.2. Once you have accessed a tutorial or webinar, it will be available for a maximum period of 30 days from the date of access.
3.3 We may have to suspend availability of the Services and/or the Platform if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
4. IF THERE IS A PROBLEM WITH THE TUTORIALS
4.1. In the unlikely event that there is any defect with the Services and/or the Platform:
4.1.1. please contact us and tell us as soon as reasonably possible;
4.1.1. please give us a reasonable opportunity to repair or fix any defect; and
4.1.1. we will use every effort to repair or fix the defect as soon as reasonably practicable.
4.2. Subject to this agreement, we will carry out the Services with reasonable skill and care.
5. YOUR RESPONSIBILITIES
5.1 You will be required to register your details, your student’s details (if applicable) and/or open an account (including, if applicable, your student’s account) to access your (or, if applicable, to allow your student to access) Services. Any student account will be a separate account to yours but controlled, managed and the student supervised by you. You agree to complete the Application fully, and that all information provided by you and, if applicable, your student is up to date, true, accurate and complete.
5.2 Unless expressly stated otherwise, each registration for a Service is for a single user only. We do not permit you (and your student, if applicable) to share your password(s) with any other person nor with multiple users on a network other than if your student’s account details are shared between you and your student in accordance with these terms. We will treat any such sharing as a material breach of this Contract that would entitle us to terminate the Contract in accordance with Condition 10.1.2.
5.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Contract.
5.4 You agree that you will not, and will procure that your student will not, use the Services or Platform in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity or that is fraudulent, or has any unlawful or fraudulent purpose or effect. Furthermore, you agree not to, and will procure that your student will not, do anything that may cause damage to the Platform or our Website or equipment or those of third parties, nor access any users’ data or penetrate or circumvent any security measures or attempt to do any such acts
5.5 You agree to treat, and shall procure that your student treats, the Platform with reasonable care. We reserve the right to charge you for the cost of any damage deliberately, recklessly or negligently caused by you or your student during your user session or otherwise.
6. PRICE AND PAYMENT
6.1 The price of the Services will be set out in our price list in force at the time we send your Confirmation less any discount if you have a valid promotion code. The price is payable in advance. Our prices may change at any time, but price changes will not affect Applications in respect of which you have received our Confirmation.
6.2 We reserve the right to remove any accounts from our Platform. We may also remove accounts (including, without limitation, any credits on such accounts) which have not been logged-in to or used for a period of 18 months or are otherwise dormant. You will not be entitled to claim back any of the credit in your account if we remove it from our system in accordance with this Condition.
7. OUR LIABILITY TO YOU
7.1. Subject to Conditions 7.2, 7.3 and 7.4, if we fail to comply with these terms and conditions, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
7.2. We do not exclude or limit in any way our liability for:
7.2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
7.2.2. fraud or fraudulent misrepresentation.
7.3. We will not be liable under this Contract to you, or any other person who you allow to use the Services or Platform, for:
7.3.1. any fault in the Platform, Services or Website caused by tampering or negligence (unless caused by us) or by the failure to follow our reasonable instructions or these terms and conditions or the user instructions;
7.3.2. the act of suspending the Services or ending the Contract in accordance with Condition 10; or
7.3.3. any delay or failure by us to provide any element of a Service, the Platform or part of them where such delay or failure is caused by Events Outside Our Control (see below).
7.4. Subject to Conditions 7.1, 7.2 and 7.3, our maximum aggregate liability under or in connection with these terms (including your use of the Platform or Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the greater of (i) 5 times the price paid for the Services or (ii) 24,000 Hong Kong dollars.
8. EVENTS OUTSIDE OUR CONTROL
8.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the terms and conditions if a Contract that is caused by an Event Outside Our Control.
8.2. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.3. If an Event Outside Our Control takes place that affects the performance of our obligations under these terms and conditions:
8.3.1. we will contact you as soon as reasonably possible to notify you; and
8.3.2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the Tutorial, we will make the Tutorial and/or the Platform available as soon as reasonably possible after the Event Outside Our Control is over.
8.4. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Services. Please see your cancellation rights under Condition 9.2.3. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with our cancellation rights in Condition 10.1.1.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1. You may, unless specified expressly elsewhere, cancel any Service at any time up to 48 hours before the date on which the Service is to be supplied by writing to us at the email address specified in Condition 11.3. We will confirm your cancellation in writing to you. If you cancel a Service under and in accordance with Condition 9.1 and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you. Unfortunately, if you cancel any Service without providing at least 48 hours’ notice, you will lose your right of refund.
9.2 You may cancel the Contract for Services with immediate effect at any time by giving us written notice if:
9.2.1. we breach this Contract in any material way and we do not correct or fix the situation within 14 days of you asking us to in writing;
9.2.2.we go into liquidation or a receiver or an administrator is appointed over our assets;
9.2.3.we are affected by an Event Outside Our Control which continues for longer than 4 weeks; or
9.2.4.we change these terms and conditions under Condition 2.1 to your material disadvantage.
10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 We may cancel your Contract for a Tutorial at any time with immediate effect by giving you written notice if:
10.1.1. an Event Outside Our Control occurs continuing for more than 2 days; or
10.1.2. you breach the contract in any other way and you do not correct or fix the situation within 2 days of us asking you to in writing.
11. INFORMATION ABOUT US AND HOW TO CONTACT US
11.1. We are Tute Hong Kong Limited, a company incorporated in Hong Kong under company number 2263739 and with our registered office at 1202, Block C, Sea View Estate, * Watson Road, North Point, Hong Kong.
11.2. If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team by e-mailing us at email@example.com.
11.3. If you wish to contact us in writing, or if any Condition in these terms and conditions requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by email to Tute Hong Kong Limited at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by using the e-mail address you provide to us in the Application.
12. PRIVACY NOTICE – HOW WE MAY USE YOUR PERSONAL INFORMATION
INFORMATION WE MAY HOLD ABOUT YOU:
- information you or, if applicable, your student have provided to us, including on our Website and in your Application;
- information about the Services you have applied for or enquired about; and
- information about the Services you or, if applicable, your student access and use, for example how you well you perform in your homework, chat scripts of the Services, recordings of the Services and your test scores.
HOW WE MAY USE YOUR INFORMATION
13. OTHER IMPORTANT TERMS
13.1. We are the owner or the licensee of all copyright and other intellectual property rights in our Services, the Platform and Websites, and in the material published on them. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
13.2. The names, images and logos identifying us, companies in our group, our partners or third parties and our/their products and services are proprietary marks and may not be reproduced or otherwise used without express permission.
13.3. The contents of the Services, the Website and the Platform, including (without limitation) user interface pages, video, images, computer codes of elements comprising the Website and any software or application provided to you by us may not be copied, reproduced, communicated and/or made available to the public, republished, downloaded, posted, recorded, broadcast or transmitted or used in any other way.
13.4. We may transfer our rights and obligations under a Contract to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms.
13.5. You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.
13.6. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.7. Each of the paragraphs of the terms of the Contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.8. If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.9. These terms and conditions are governed by Hong Kong law. You and we both agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
These terms and conditions were last updated on November 11th 2016.