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1. Definitions
In
SmartLabTutor.com a World Wide Web site, the services
provided in connection therewith (the Services) are owned, operated
and maintained, as applicable, by SmartLab Pte Ltd ("we", our or
us). By using or accessing the site or the Services or getting
someone else to use or access the site or the Services, you agree to
the terms and conditions set forth below (Terms). If you do not
agree with these Terms, neither you nor your designee may access, or
use (as applicable), the site, Services. If someone else is paying
for (or authorizing) your tutoring account, they would have agree to
be your guardian. For this agreement, you means a parent or guardian
who pays for access to the Services as well as the student who
accesses or uses the Services. We reserve the right to make changes
to these Terms at any time. Any modifications become effective
immediately upon updating the site and your continued use of the
Services constitutes your agreement to such modifications. You agree
to periodically review the updated version of the Terms.
2. Services
Through our Services, we provide online tutors to conduct online
tutoring to you. You will be charged based on per session for users
who subscribe pay and use service, or based on monthly charges for
unlimited service. You are solely responsible for all service,
telephony and/or other fees and costs associated with your access to
and use of the Services and for obtaining and maintaining all
telephone, computer hardware and other equipment required for such
access and use. The Services are available at stipulated times of
the day and would change and vary as presented in the student login
page. The Services are unavailable on public holidays: New Year's
Day, Chinese New Year, Thanksgiving Day, Christmas Day and other
holidays listed in the student login page. We reserve the right to
make changes to opening hours and the public holidays where we would
be closed. Any modifications become effective immediately upon
updating the site. You agree to periodically review the updated
version of the Terms.
3. Payment and Billing
When you purchase session, we allow access for each session lasting
no more than 30 minutes. You only pay for the session you use in
accordance to the rate that were listed in the student login page.
SmartLabTutor.com accepts the following forms of payment: Visa
and MasterCard through our partner paypal.com. Please do not email
us your credit card number at any time for a purchase, as email is
not secure and your credit card number could be intercepted by third
parties who read your email as it travels through the Internet from
your computer to our computers. We will not bill your credit card
again unless and until you make an additional purchase. You will be
prompted to make payment by emailed. You would not be able to login
to start your tutoring should you lapse on your payment. We will at
no time automate your payment without your approval.
4. Money Back Guarantee
Should you have an unsatisfactory experience, please email us at
wecare@SmartLabTutor.com. If you find yourself in a session
with a tutor you do not like working with, we recommend that you
immediately and politely end the session, and seek to change the
tutor within the first 5 minutes of the session for the pay and use
service. You can reconnect and switch to another available tutor. If
there is no available tutor, you can terminate the session and we
would waive the charge for the session and do a full refund for the
paid fee.
For unlimited service users, you can seek to switch tutor or
terminate a session. If you are not satisfactory for 1-2 sessions,
you can seek a full refund for the fees payable for that month.
Our tutors should focus on helping you understand the topic and
knowledge better through solving of questions and should not be
focused on helping you solve the questions and providing the
solutions. We do not want the students to see such sessions as
helping them solve their homework questions.
5. Conduct
You may only access the site and use the Company Content and the
Services for lawful purposes. You are solely responsible for the
knowledge of and adherence to any and all laws, rules, and
regulations pertaining to your use of the Services. You shall not
upload to, distribute through, or otherwise publish through the site
or the Services any content that you do not have the right to
transmit or that is defamatory, obscene, pornographic, threatening,
invasive of privacy or publicity rights, abusive, illegal, otherwise
objectionable, or that could constitute or encourage a criminal
offense, violate the rights of any party, or otherwise give rise to
liability or violate any law. You agree that you will not in any
way: (i) interfere with the ability of others to access or use the
Services; (ii) disrupt the normal flow of communication or otherwise
act in a manner that negatively affects other users' ability to use
the site or the Services; (iii) claim a relationship with or to
speak for any individual, business, association, institution, or
other organization for which you are not authorized to claim such a
relationship; or (vi) interfere with or disrupt the Services or
servers or networks connected to the Services, or disobey any
requirements, procedures, policies, or regulations of networks
connected to the Services. You agree that you will treat the tutors
with respect and not use obscenities in the classroom, make threats,
or discuss matters other than those directly related to the academic
subject for which you seek help.
You agree that you will not disclose any information to a Tutor that
could be considered personally identifiable information including
your full name, address, telephone number, email address, social
security number, password or any other information that could be
used to identify or locate you. A violation of this agreement may
lead to a suspension of your account. Similarly, you agree that you
will not solicit any such information from any tutor, and agree that
if any tutor ever discloses such information to you, asks you for
any personal information, or suggests any offline meeting or
conversation, you agree to immediately report this to us in writing
to
wecare@SmartLabTutor.com or
support@SmartLabTutor.com.
You agree that if you access our system or Tutors through any method
that is in any way improper, or allow anyone else to do so, you will
pay a penalty of a minimum of US$50 per half an hour and any part
thereof, plus all costs incurred during detecting and investigating
of your improper action(s), for each hour or part thereof that you
access or allow anyone else to access our system or Tutors. You
agree that these costs may at our sole discretion include our inside
and outside attorney time and fees as well as the fees of private
and forensic investigators and all court and other costs associated
with collecting the amounts you owe. For the purposes of document,
improper access means any access other than following our defined
procedures for creating a valid account and paying for the tutoring
you receive. Examples of improper access include (but are not
limited to) using any means to circumvent our registration or
payment systems, hacking our system in any way, sharing your account
information with a third party (regardless of whether the particular
third party can be identified), logging yourself or a third party in
simultaneously, or failing to log yourself out after a session and
(regardless of intention) thereby allowing others to access your
account. Improper access also includes using any method to avoid
paying for service.
6. Privacy Policy
We gather information that users provide through submissions;
examples: name, grade, email id, phone number, address, etc. These
are voluntary submissions to avail of our online classes, register
for our services and to make online payments. We operate secured
data networks protected by industry standard firewall and password
protection systems. Our security and privacy policies are
periodically reviewed and enhanced as necessary and only authorized
individuals have access to the information provided by our
customers. However, this information is never shared, sold or rented
to a third party.
Information we gather through aggregated tracking information
derived mainly by tallying page views throughout our sites. This
information allows us to better tailor our content to readers' needs
and to help our advertisers and sponsors better understand the
demographics of our audience. Under no circumstances does
SmartLabTutor.com divulge any information about an individual
user to a third party. We may place a text file called a "cookie" in
the browser files of your computer. The cookie itself does not
contain personal Information although it will enable us to relate
your use of this site to information that you have specifically and
knowingly provided. But the only personal information a cookie can
contain is information you supply yourself. A cookie can't read data
off your hard disk or read cookie files created by other sites. You
can refuse cookies by turning them off in your browser. If you've
set your browser to warn you before accepting cookies, you will
receive the warning message with each cookie. You do not need to
have cookies turned on to use this site. However, you may need
cookies to participate actively in message boards, forums, polling
and surveys.
While making payments, users are taken to the secure pages of our
payment partner, which is paypal. We do not store your credit card
information on our servers. For more information on the security
processes at our payment processing partner, please visit
https://www.paypal.com/us/cgi-bin/webscr?cmd=xpt/cps/securitycenter/buy/Privacy-outside.
We do not send you unsolicited mails. For unlimited service
subscribers, we will send you email at the end of the month to
remind you to make payment, may contact you to provide feedback
about your child’s progress, and give or solicit views and
suggestions regarding your child’s studies. We may contact you about
changes, updates to our services. You may opt out of receiving these
mails anytime by sending an email at
support@SmartLabTutor.com, though, receiving these mails may
be important to keep abreast of your child’s progress.
7. Registration Obligations
To use the Services, you will need to register on the site, pay any
applicable fees, and obtain an account, username and password. When
you register, the information you provide to us during the
registration process will help us in offering content, customer
service, and network management. You are solely responsible for
maintaining the confidentiality of your account(s), username(s) and
password(s) and for all activities and liabilities associated with
or occurring under your account(s), username(s) and password(s). You
must notify us immediately of any unauthorized use of your account(s),
username(s) or password(s) and any other breach of security, and (b)
ensure that you exit from your account(s) at the end of each
session. We cannot and will not be responsible for any loss or
damage arising from your failure to comply with this requirement or
as a result of use of your account(s), username(s) or password(s),
either with or without your knowledge. However, you could be held
liable for losses incurred by us or another party due to someone
else using your account(s), username(s) or password(s).
You may not transfer your account(s), username(s) or password(s) to
another person, and you may not use anyone else's account(s),
username(s) or password(s) at any time without the permission of the
account holder. In cases where you have authorized or registered
another individual, including a minor, to use your account(s), you
are fully responsible for (i) the online conduct of such user; (ii)
controlling the user's access to and use of the Services; and (iii)
the consequences of any misuse. In the event that you permit a minor
to use your account(s), we reserve the right to provide access to
your account(s) and all information contained therein to such
minor's parents, guardians or other authorized adults, including,
but not limited to, authorized school representatives. (An exception
to this is that we will never share your credit card information.).
Your obligations with respect to registration are described below.
In consideration of your use of the Services, you agree to (a)
provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such
information being "Your Data"), (b) maintain and promptly update
Your Data to keep it true, accurate, current and complete; and (c)
comply with these Terms of Use. If you provide any information that
is untrue, inaccurate, not current or incomplete, or if we believe
that such information is untrue, inaccurate, not current or
incomplete, we reserve the right to suspend or terminate your
account(s) and refuse any and all current or future use of the
Services, or any portion thereof. You agree not to use the site, the
Services or the Company Content (as defined below) to recruit,
solicit, or contact in any form Tutors or potential Consumers for
employment or contracting for a business not affiliated with us
without our advance written permission.
If you reside outside Singapore, your registration indicates your
explicit consent that the personal information you have provided may
be transferred and stored in countries outside your home country.
Your personal information shall only be used in accordance with our
Privacy Policy.
8. User Content
Any materials, information, communications or ideas that you upload,
communicate or otherwise transmit or post to us, the site, the
Tutors or the Services by any means ("User Content") will be treated
as non-confidential and non-proprietary, and may be disseminated or
used by us for any purpose whatsoever, including, but not limited
to, quality control and professional development, as well as our
developing, manufacturing, and marketing our current and/or future
Services. By uploading or otherwise making available any User
Content, you automatically grant and/or warrant that the owner has
granted to us the perpetual royalty-free, non-exclusive, world wide
right and license to use, reproduce, modify, publish, distribute,
perform, display, and transmit the User Content for any purpose. You
agree that we may record all or any part of any Tutoring Sessions
(including voice chat communications) for quality control and other
purposes. We reserve the right to review the Tutoring Sessions for
any purpose. Notwithstanding anything to the contrary above, you
agree that we own all transcripts of Tutoring Sessions and all
comments that you may provide to us on or through the site, the
Services any other means as a part of user satisfaction or other
similar surveys, and that these Terms shall be deemed an irrevocable
assignment of all such transcripts and comments, each portion
thereof and all intellectual property rights therein to us. However,
you may download and print a reasonable number of copies of
documentation provided or available in connection with the Services
for your own personal use.
9. Links
The site or the Services may provide links to non-SmartLabTutor.com
World Wide Web sites or resources (Third Party Sites). This may
include Tutors sending links to Third Party Sites and/or causing
Third Party Sites (such as study resources or online education
pages) to pop-up for your review. Because we have no control over
Third Party Sites, you acknowledge and agree that we are not
responsible for the availability of Third Party Sites, and do not
endorse and are not responsible or liable for any content,
advertising, products, services or other materials on or available
from Third Party Sites. You further acknowledge and agree that we
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, advertising, products,
services or other materials available on or through any Third Party
Sites or for any mistakes, defamation, libel, slander, omissions,
falsehoods, obscenity, pornography, or profanity contained therein.
10. Termination
Either party may terminate these Terms by providing the other with
notice of such termination, which shall be effective immediately
upon delivery of such notice to the other party. We may terminate
these Terms immediately without notice for any breach by you of
these Terms or any of our applicable policies, as posted on the site
from time to time. Furthermore, we may terminate these Terms without
notice to you by terminating your rights to use the site or the
Services for any reason or no reason. In the event of termination or
expiration of these Terms, the following sections of these Terms
shall survive: all provisions regarding ownership of intellectual
property, indemnification, disclaimer of warranties and limitations
of liability, the provisions of this section which, by their nature
apply after termination, and the General provisions below. All
licenses granted under these Terms terminate immediately at the end
of your subscription period, unless you renew have renewed your
subscription and paid any applicable subscription fees. You agree
that upon the termination of these Terms, we may delete all
information related to you on the Services and may bar your access
to the site and use of the Services. Upon the termination of these
Terms you will immediately destroy any downloaded or printed Company
Content.
11. Subscription Information for Unlimited Service:
The monthly subscription period for the unlimited service starts from the date
]of payment (or a commencement date of your choice) and ends in one calendar
month’s time. A few examples are listed below :
|
Date of
Payment / Commencement Date |
Subscription Valid Till |
|
14th
January |
13th
February |
|
29th
January |
28th
February |
|
30th
to 31st January |
28th
February (or 29th Feb, if any) |
In case you have
doubt please feel free to contact our customer service officers.
Terms and conditions of our
service are subject to change. Any changes in our service plans will
be updated on our website.
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