Terms and Conditions

PLEASE READ CAREFULLY

Do not install or use any Eduhub Consultancy Pte. Ltd. ("EDUHUB CONSULTANCY" or "CONSULT A TUTOR") services or products until you have carefully read this User Agreement, which contains the terms and conditions for its use ("Terms"). By installing or using any EDUHUB CONSULTANCY services or products or providing any information to EDUHUB CONSULTANCY you indicate that you agree to the Terms contained in this User Agreement and in EDUHUB CONSULTANCY's Privacy Statement.


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Acceptance of Terms

Acceptance of Terms This User Agreement is a legally binding agreement between you, any third party to whom you provide or allow access to consultatutor.com (the "Site") or who otherwise benefits from your use of the Services (as defined below) (collectively sometimes referred to herein as "you" or "your"), and EDUHUB CONSULTANCY. You agree to print a copy of this User Agreement for your files, along with copies of any changes in Terms posted to the Site in the future. If you do not agree to the Terms, do not install or use these Services. EDUHUB CONSULTANCY may amend the Terms from time to time without notice to you, other than posting the amended Terms to the Site. In addition, use of particular Services may be subject to additional terms and conditions that will be available in connection with such Services. Unless otherwise agreed to in writing between you and EDUHUB CONSULTANCY, the Terms, as amended, shall govern your use of the Site and all Services.


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Registration; Passwords and Security

In order to use any of the Services, EDUHUB CONSULTANCY requires you to register. In registering, you agree to: (1) provide true, accurate, current and complete information as prompted by the applicable registration form and (2) maintain and promptly update the information. If you provide any information that is untrue, inaccurate, not current or incomplete, or EDUHUB CONSULTANCY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EDUHUB CONSULTANCY has the right to refuse any and all current or future use of the Services (or any portion thereof). During the registration process, you will designate a user name (or identification number) and password. You are responsible for maintaining the confidentiality of the user name and password, and are responsible for all activities that occur under your user name and password, whether or not authorized by you. EDUHUB CONSULTANCY will not be liable for any loss or damage arising from your failure to comply with all Terms contained in this User Agreement.


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EDUHUB CONSULTANCY's Privacy Statement

Information that you provide to EDUHUB CONSULTANCY via the Site is subject to our Privacy Statement. For more information, please read our full Privacy Statement posted at our website.


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Rules for and Limitations on Use of the Services

EDUHUB CONSULTANCY may establish rules for and limitations on use of the Services. EDUHUB CONSULTANCY reserves the right to change these rules and limitations at any time, in its sole discretion, with or without notice to you. EDUHUB CONSULTANCY may modify or discontinue, temporarily or permanently, the Services (or any part thereof) and may remove content from the Services, with or without notice to you. EDUHUB CONSULTANCY will not be liable to you or to any third party for any modification or discontinuance of the Services or removal of content from the Services. You may not reproduce, duplicate, copy, sell, or resell any portion of the Services, use of the Services, or access to the Services. Information provided by EDUHUB CONSULTANCY is not warranted to be accurate or complete, and will not constitute a warranty or representation by EDUHUB CONSULTANCY. EDUHUB CONSULTANCY has no responsibility or liability for damages or claims relating to your use of the Services on a professional basis or any other use for the benefit of any third party. Nevertheless, if you use the Services on a professional basis or for the benefit of any third party, you agree to print a copy of this User Agreement, along with copies of any changes in Terms posted to the Site in the future, and deliver such copies to all third parties, and obtain their agreement to the Terms in writing. By installing, copying or otherwise using any of the Services for the benefit of any third party, you and each third party agree to be bound by the Terms. If any third party does not agree to the Terms, you agree not to use these Services for the benefit of that third party. EDUHUB CONSULTANCY may amend the Terms from time to time without notice to you or to any third party other than posting the amended notice to the Site. The payment of all applicable fees and charges to EDUHUB CONSULTANCY must be made as provided on the Site and, except as otherwise provided herein; all fees and charges are nonrefundable. You should confirm the fees for your use of the Services each time you use them.


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For Customers Requesting for Tutor (Home Tutor Matching Service)

i. Tutor Database

CONSULT A TUTOR does not guarantee that the information provided by the tutor is true, accurate, current and complete.

ii. Availability of Tutors

Availability of tutors whether shortlisted by you (or ‘the customer') or not is subjected to tutors' schedule and consent regardless of the displayed schedule within their individual tutor profile. CONSULT A TUTOR does not guarantee that customers will be assigned to their preferred tutor(s) before any finalization of assignment details.

iii. Tuition Rates for Normal Tutors

The rates provided under "Prevailing Hourly Rates of Home Tuition in Singapore" are provided only as a guide based on data in the past 6 months.

iv. Place of Tuition

CONSULT A TUTOR assigns a tutor to teach at the residence of the customer unless otherwise stated by the customer.

v. First Lesson

Customers have the responsibility to check and ensure tutor's credentials and qualifications or certificates are satisfactory at the first lesson.

vi. Termination of Service or Change of Tutor

There are no obligations or contractual agreement for the assigned tutor to complete a fixed number of lessons except the first. CONSULT A TUTOR grants customers the right to change a tutor without any additional charges. Customers have to make payment for the number of lessons conducted prior to the termination.

vii. Tuition Rate

Customers and tutors are not allowed to change the tuition rates for the first month of lessons (based on 4 weeks). Any re-negotiation attempts by customers or tutors must be reported to CONSULT A TUTOR.

viii. Service Provided

CONSULT A TUTOR does not guarantee improvements in tutee's academic results.

ix. Payment

CONSULT A TUTOR levies a commission from the tutor which by default is 50% of the tuition fees for the first month's lessons or part thereof when the service is terminated before completion of lessons in the first month. Promotional rates apply as advertised. CONSULT A TUTOR reserves the right to amend the rate, validity and duration of the promotion at any time, for any reason, without notice to you, other than the posting of the amended promotion details at this Site.

CONSULT A TUTOR will collect the commission charges from you after the second week of lessons. An invoice will be issued and mailed to you to your residential address. Invoice terms include duration of 15 days after the invoice is issued for payment to be made and the mode of payment to be Cheque, ATM Funds Transfer or Internet Banking. Details of different payment modes are included in the invoice.

x. Typographical Errors in Invoice

Invoices issued by CONSULT A TUTOR may include typographical errors. Once the typographical errors are verified and the amendments confirmed by CONSULT A TUTOR with the customer, CONSULT A TUTOR will render the previous invoice null and void; an amended invoice will be mailed to you. In the event a payment has been made before the amended invoice is issued, CONSULT A TUTOR will refund the balance amount (if any) to you.


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For Tutors (Home Tutor Matching Service)

i. Registration

It is free to register with CONSULT A TUTOR as a personal home tutor (in Singapore only). In registering, you agree to: (1) provide true, accurate, current and complete information as prompted by the applicable registration form and (2) maintain and promptly update the information. If you provide any information that is untrue, inaccurate, not current or incomplete, or CONSULT A TUTOR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CONSULT A TUTOR has the right to refuse any and all current or future use of the Services (or any portion thereof).

The following registration requirements must be met:

1. Registrant must be a Singapore Citizen, Permanent Resident or Student Pass holder.

2. Registrant must be at least 18 years of age.

ii. Personal Home Tutor Account

CONSULT A TUTOR will review your details in the registration form for CONSULT A TUTOR personal home tutors before any activation of account. An activation of account will be followed by the assignment of a unique Tutor ID to you. You agree to comply with the terms and conditions stated under the section: Registration; Passwords and Security.

iii. Tutor Profile

You agree to comply with the terms and conditions stated under the section: Registration; Passwords and Security. You agree not to post contact details on consultatutor.com including telephone numbers or website domain names in the course of using our website and services.

iv. Qualifications and Certificates

You are required to present your certificates of qualifications or other valid proof of qualification on the first lesson to the customer or otherwise be exempted from doing so if CONSULT A TUTOR verifies your qualifications through the online certificates uploaded by you. CONSULT A TUTOR reserves the right to request copies or in other forms, of your original certificates for verification purposes. On accepting or by showing interest in an assignment, you agree to allow CONSULT A TUTOR to present all details in your profile including certificates to the customer.

v. Matching Process

CONSULT A TUTOR reserves the right to amend customer's requirement and preference stated to a tutor at any time. CONSULT A TUTOR may terminate the matching service between the customer and prospective tutor at any time before the first lesson.

vi. Status

CONSULT A TUTOR may amend your account status on the condition that you do not reply to our SMS for 10 times consecutively or otherwise as we deem appropriate to maintain the relevance of information without any notice to you.

vii. First Lesson

You are required to produce relevant proof of your qualifications on the first lesson with the customer. You agree not to change the stated assignment details including hourly rate, duration, frequency and subjects taught for at least 1 month unless otherwise approved by the customer and CONSULT A TUTOR. CONSULT A TUTOR reserves the right to cancel your tutor account and take legal action against you if you fail to turn up for the first lesson (and not limited to the first), change the stated assignment details without CONSULT A TUTOR's approval and attempt to disrupt or cancel the assignment for any reason that CONSULT A TUTOR does not concur with.

viii. Cancellation of assignment

There is no legally binding agreement between you and the customer to complete any fixed amount of tutoring lessons and the customer or CONSULT A TUTOR reserves the right to terminate your service at any time. CONSULT A TUTOR does not guarantee you the payment for your service from the customer and holds no responsibility on any default by the customer.

ix. Commission

CONSULT A TUTOR levies a commission on you which by default is 50% of the tuition fees for the first month's lessons or part thereof when the service is terminated before completion of lessons in the first month (based on 4 weeks). Promotional rates apply as advertised. CONSULT A TUTOR reserves the right to amend the rate, validity and duration of the promotion at any time, for any reason, without notice to you, other than the posting of the amended promotion details at this Site.

First month's lessons are based on 4 weeks within which if there are any lessons being postponed, CONSULT A TUTOR will still levy a commission based on lessons that are supposed to be conducted during the 4 weeks depending on the frequency of lessons as agreed upon by you, the customer and CONSULT A TUTOR.

CONSULT A TUTOR will collect the commission charges from the customer after the second week of lessons. CONSULT A TUTOR does not allow commission charges to be paid in installments or in any other substitutable forms like cash vouchers. You agree that no payment is to be made by the customer to you on the completion of first lesson. In the event that the frequency of lessons is reduced, CONSULT A TUTOR reserves the right to either lower the commission rate levied or maintain the rate as stated after the first lesson.


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User Content

Certain areas of the Site may allow users to upload and post content (collectively, "User Content"). You understand and expressly agree that EDUHUB CONSULTANCY assumes no responsibility or liability for any User Content and that you are solely and entirely responsible for any User Content you provide on the Site. By uploading and posting User Content on the Site, you warrant that: (1) you are the owner of such User Content or have been granted by the owner all the rights necessary to submit such User Content to EDUHUB CONSULTANCY; and (2) such User Content will not infringe the intellectual property rights of or otherwise violate the rights of any third party. EDUHUB CONSULTANCY does not control the User Content you post and as such assumes no responsibility for the accuracy, integrity or quality of such User Content. EDUHUB CONSULTANCY reserves the right to remove any User Content on the Site at any time and for any reason. EDUHUB CONSULTANCY is not responsible if the User Content you post contains errors or omissions; is offensive, objectionable, and defamatory or otherwise violates any intellectual property right or any other proprietary right of a third party; or for loss or damage of any kind incurred as a result of such User Content.


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EDUHUB CONSULTANCY's Proprietary Rights, Limited Licenses, Trademarks & Trade Secrets

You acknowledge and agree that the Services and any content used in connection with the Services, including any software accessible through the Site, contain EDUHUB CONSULTANCY proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. "Consult a tutor" and all other EDUHUB CONSULTANCY product and services names and design logos are trademarks and/or service marks of EDUHUB CONSULTANCY (the "EDUHUB CONSULTANCY Marks"). As between you and EDUHUB CONSULTANCY, EDUHUB CONSULTANCY shall own all right, title and interest in and to the Services, subject only to the express licenses granted herein. You are not permitted to (and may not allow any third party to) copy, modify, adapt, translate, lease, ret, loan, establish a hyperlink to, frame within any website, distribute, create a derivative work of, reverse engineer, disassemble, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. Without EDUHUB CONSULTANCY's prior permission, you agree not to display or use the EDUHUB CONSULTANCY Marks in any manner. EDUHUB CONSULTANCY reserves all patent, copyright, trade secret, trade name, trademark, license and other proprietary rights related to its software, services and products and you shall not infringe upon or violate such rights. This User Agreement does not limit any rights that EDUHUB CONSULTANCY may have under trade secret, copyright, patent or other laws.


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Termination

EDUHUB CONSULTANCY, in its sole discretion, may terminate your use of the Services for any reason without prior notice to you. You acknowledge and agree that EDUHUB CONSULTANCY may immediately deactivate or delete your user account and all related information and files in your user account and/or bar your further access to the Services. EDUHUB CONSULTANCY will not be liable to you or any third party for any termination of your access to the Site and/or use of the Services.


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Dealings with EDUHUB CONSULTANCY's Affiliates

Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other entity. You agree that EDUHUB CONSULTANCY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services.


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Links

The Services may provide links to other World Wide Web sites or resources. EDUHUB CONSULTANCY has no control over or responsibility for such sites and resources. You agree that EDUHUB CONSULTANCY is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, terms and conditions, or other materials on or available from such sites or resources. However, we encourage you to read any applicable terms and conditions or privacy policies at such sites. EDUHUB CONSULTANCY provides these links to you only as a convenience.


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Indemnity

You agree to indemnify, defend and hold harmless EDUHUB CONSULTANCY, its affiliates, officers, directors, employees, consultants and agents from any and all claims, liability, damages and/or costs (including without limitation attorneys' fees and legal costs) arising out of or related to any User Content that you upload or post to the Site, including, but not limited to, any third party claim that the User Content (or any part thereof) you uploaded or posted infringes any copyright, trademark, trade name or patent rights of a third party, defames or invades any right of publicity or privacy, or otherwise infringes any other proprietary right; or otherwise arising out of or related to your use of the Services or your violation of the Terms.


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Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU AGREE THAT THE MAXIMUM LIABILITY OF EDUHUB CONSULTANCY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF THE SERVICES. YOU AGREE THAT EDUHUB CONSULTANCY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EDUHUB CONSULTANCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT BY ANYONE OTHER THAN EDUHUB CONSULTANCY; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE LIMITATIONS OF DAMAGES AND LIABILITY PROVIDED HEREIN ARE MATERIAL ELEMENTS OF THIS USER AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT EDUHUB CONSULTANCY WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, EDUHUB CONSULTANCY HAS NO RESPONSIBILITY OR LIABILITY FOR DAMAGES OR CLAIMS RELATING TO ANY USE OF EDUHUB CONSULTANCY's SOFTWARE, PRODUCTS OR SERVICES ON A PROFESSIONAL BASIS, AND YOU AGREE TO INDEMNIFY EDUHUB CONSULTANCY AGAINST ANY CLAIMS RELATING TO SUCH USE. YOU ALSO AGREE NOT TO HOLD OR TRY TO HOLD EDUHUB CONSULTANCY LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES OR PROVISION OF SERVICES TO ANY THIRD PARTY.


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International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Republic of Singapore or the country in which you reside.


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Notices

Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Services. You are responsible for keeping EDUHUB CONSULTANCY apprised promptly of any change in your email address, mailing address and/or phone number so that you can be provided with any notices that EDUHUB CONSULTANCY wishes to send to you.


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Records

Except to the extent required by applicable law, EDUHUB CONSULTANCY has no obligation to store, maintain or provide to you any information that you provide to EDUHUB CONSULTANCY. You agree to print and save a copy of your information for your records.


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General Information

The Terms and EDUHUB CONSULTANCY's Privacy Statement constitute the entire agreement between you and EDUHUB CONSULTANCY and govern your use of the Services, superceding any prior agreements between you and EDUHUB CONSULTANCY. You also may be subject to additional terms and conditions that are applicable to certain Services. The failure of EDUHUB CONSULTANCY to exercise or enforce any right or provision of the Terms or this User Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms or the User Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the arbitrator should give effect to the parties' intentions as reflected in the provision, and all other provisions will remain in full force and effect. You may not assign the Terms or any of your rights or obligations under the Terms without EDUHUB CONSULTANCY's express written consent. The Terms inure to the benefit of EDUHUB CONSULTANCY's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the terms and conditions contained in this User Agreement must be filed within one year after such claim or cause of action arose or the claim or cause of action shall be forever barred.


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Choice of Law and Arbitration

This User Agreement will be governed by and construed in accordance with the laws of the Republic of Singapore, excluding its conflict of laws principles. Each party agrees to submit any and all disputes concerning this User Agreement, if not resolved between the parties, to binding arbitration under a neutral, independent and impartial arbitrator in accordance with the Commercial Rules of the Small Claims Tribunal ("SCT"); provided, however, the arbitrator may not vary, modify or disregard any of the provisions contained in this section. The decision and any award resulting from such arbitration shall be final and binding. The place of arbitration will be at EDUHUB CONSULTANCY's offices. The arbitrator is not empowered to award damages in excess of compensatory damages and you irrevocably waive any right to recover such damages with respect to any dispute resolved by arbitration. The fees of the arbitrator will be borne equally by you and EDUHUB CONSULTANCY. The language of arbitration will be English; provided, however, that an interpreter may be provided for any witness who requires an interpreter. The costs of such interpretation will be borne by the party requesting the interpreter. Any final decision or award from arbitration under this section will be in writing and reasoned. Each party will bear their own costs and expenses that are reasonable and necessary for participating in arbitration under this section. As part of any arbitration conducted under this section, each party may: (1) request from the other party documents and other materials relevant to the dispute and likely to bear on the issues in such dispute, (2) conduct no more than three oral depositions, each of which will be limited to a maximum of seven hours in testimony, and (3) propound to the other party no more than 30 written interrogatories, answers to which the other party will give under oath. All the dispute resolution proceedings contemplated in this section will be as confidential and private as permitted by law. The parties will not disclose the existence, content or results of any proceedings conducted in accordance with this section, and materials submitted in connection with such proceedings will not be admissible in any other proceeding; provided, however, that this confidentiality provision will not prevent a petition to vacate or enforce an arbitration award, and shall not bar disclosures required by law. The parties agree that any decision or award resulting from proceedings in accordance with this section shall have no preclusive effect in any other matter involving third parties. All applicable statutes of limitation and defenses based upon the passage of time will be tolled while the procedures specified in this section are pending. The parties will take such action, if any, required to effectuate such tolling. The arbitration shall be governed by the United States Arbitration Act and any court having jurisdiction may enter judgment upon the award rendered by the arbitrator.

Changes to the User Agreement

As EDUHUB CONSULTANCY's business changes from time to time, this User Agreement is expected to change. EDUHUB CONSULTANCY reserves the right to amend the User Agreement at any time, for any reason, without notice to you, other than the posting of the amended User Agreement at this Site. EDUHUB CONSULTANCY may email periodic reminders of its notices and Terms, but you should check the Site frequently to see the current User Agreement in effect and any changes that may have been made to it. Your installation or use of EDUHUB CONSULTANCY's products or Services is subject to the User Agreement and Privacy Statement in effect at the most recent time of use. The provisions contained herein supersede all previous notices or statements regarding the Terms or use of EDUHUB CONSULTANCY's products and Service.


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