Effective from March 29, 2023
Edge Tutor International Pte. Ltd. Course Service Agreement / Term of Use
Should you have any questions, please contact online customer services.
In this Agreement, “Party A” refers to the individual who purchases the Course Services from Party B; “Student” refers to the particular student who takes the courses purchased by Party A under Party A's registered account through Party B's official website or any other official platforms of Party B (collectively referred to as “Party B’s Platform”).
“Party B” refers to Edge Tutor International Pte. Ltd.
Section 1 Course Information
“Course Service(s)” refers to the Regular Courses provided to Party A by Party B.
“Regular Course(s)” refers to one-to-one online video courses, i.e., the Course Services provided by one-to-one or one-to-six through live, virtual classes. Regular courses refer to all course types for paid users.
Party A can review information regarding the Course Services (including the details of the Course Services, the use period in which Party A must use the Course Services and the payment amount) by logging into Party A’s account on Party B’s Platform.
Party A understands and agrees that any terms on invoices provided by Party B to Party A for Course Services (“Orders”) and any Course Services schedules published by Party B from time to time (hereafter referred to as “Course Services Schedule”) are integral parts of this Agreement. If there is any conflict among Orders, Course Service Schedules and any articles of this Agreement regarding any specific Course Services, the descending order of precedence shall be Orders, Course Service Schedule, and this Agreement.
Section 2 Execution and Enforcement of this Agreement
Party A shall submit to Party B’s Platform truthful, accurate and complete material or information. Party A shall be responsible for any delay or losses suffered by either party as a consequence of Party A’s provision of false, ambiguous, misleading or incomplete material or information to Party B’s Platform.
To purchase Party B’s Course Services, Party A must be over 18 years old. Party A represents that Party A has read, comprehended and accepted the terms and conditions as specified herein and in the accompanying Privacy . Party A further represents that he/she shall pay or has paid the service fee for Course Services by the deadline stated in Party A’s Order.
All actions taken through Party A’s account on Party B’s Platform, including, but not limited to, the purchase of Course Services, shall be deemed to have been taken by Party A. This Agreement shall become effective and enforceable upon Party B’s receipt of payment in full from Party A (such payment may be made on Party A’s behalf by a third party).
Upon the confirmation and consent of Party A, this Agreement shall be retained in Party B’s system in electronic form.
Section 3 Course Management
Party A shall obtain internet service and all internet access equipment and other software and hardware needed to take the Course Services.
Party A shall not be entitled to any compensation from Party B if Party A is unable to access Party B’s Platform or obtain Course Services due to Party A’s failure to obtain internet service, internet access equipment and/or other software and hardware needed to take the Course Services. Party B may review the Student’s prior level of instruction and knowledge and determine the starting level of the Student and the corresponding course content to be provided by Party B to such Student. Party A and the Student agree that the Regular Course shall start from the starting level determined by Party B. Party A agrees that the services provided are specific to the Student, and agrees that Party A will not replace the Student with another student or add students to the Student’s Course Services at any point during Party A’s use of Party B’s Course Services and/or Platform. Party A and the Student shall accept the Course Services as agreed:
(1) Each course shall start and finish at the scheduled time. If the Student fails to attend at the scheduled course start time, the course shall still finish at the scheduled time, and neither the Student nor Party A can request to postpone or prolong the course.
(2) If the Student cannot attend any Course Service at the scheduled time, Party A must cancel it at least 24 hours in advance. Otherwise, it shall be deemed as “no-show”, and the course hour shall be deducted from the Student’s total allotment
(3) If, as a result of Party A's technology issues occurring after a scheduled course has started, Party A is unable to complete the course, the course will be deemed as completed and will be deducted from the number of allotted course hours in Party A's account. If Party A could not finish the scheduled course due to reasons ascribed to Party B, there will be no deduction from Party A’s allotted course hours of Regular Course. Such reasons ascribed to Party B include, but are not limited to, the teacher being over 5 minutes late when starting the course, the teacher failing to teach on one or more occasions, the teacher suspending the course due to personal reasons or Party B’s course system malfunctioning such a way that Party A cannot attend the course.
Party B and/or the teachers have the right suspend the Course Service and deduct course hours if Party A or the Student engages in any of the following behaviors:
(1) any person other than the Student attends the course, including, but not limited to, others besides the Student attending a course, somebody other than the student himself/herself attending a course or an adult taking a course;
(2) the dress, hairstyle, language, and/or movement of the Student and/or any individual entering the teaching environment is inappropriate, including, but not limited to, exposure of private parts of the body, rude gestures or threatening behavior.
(3) domestic violence or inappropriate parental behavior that violates the lawful rights and interests of minors, including physical and mental violations such as punitive physical contact or severe abusiveness;
(4) endangering personal and property safety and revealing personal or private information;
(5) making statements that are not related to the courses and which consume undue course time and/or are inappropriate;
(6) using dangerous equipment, including but not limited to cutters, simulation guns, etc.;
(7) obscenity, pornography, gambling, superstition, terror, violence, and abetting crimes;
(8) engaging in aggressive and discriminatory words and deeds to teachers, including, but not limited to, engaging in gender discrimination;
(9) engaging in words and/or deeds that are inappropriate for an educational environment;
(10) violation of the relevant laws of the location of teachers or students;
(11) violation of other circumstances as stipulated by laws and administrative regulations.
Party A or Student shall not sell, lease or otherwise assign part or all of the Course Services provided by Party B to any third parties in any manner under any circumstances.
Party B reserves the right to improve and adjust its services, course arrangement or other related matters, as long as such improvements or adjustments to not impact the service quality. Party B shall promptly notify Party A of any changes through Party B’s Platform or via the contact information set forth herein. The amended Agreement or Polices will come into force once posted on Party B’s website and will supersede the previous Agreement or Policies. Party A shall log into his/her account to review the amended Agreement. In case of disagreement of the amended agreement, Party A shall notify Party B in writing (including email) and immediately stop using the Services pursuant to the Agreement. Party A will be deemed to have accepted the amended Agreement, if Party A fails to object to such amendment in writing within two (2) business days or the Student continues to take any Course thereafter.
Section 4 Course Service Use Period
Party B offers different packages of Course Services to Party A with different number of classes (for example, but not limited to, 8 classes, 14 classes, 22 classes, 36 classes) The Parties agree that the use period of such packages of Course Service shall be valid for the amount of time listed on the Party B’s website for respective packages (for example, but not limited to 30 days, 60 days, etc.).
All courses must be taken or exercised by Students during the course use period. Any courses which have not been taken or fully taken will expire upon the expiration of the course use period.
The use period of a Course Service package begins on the Date when Party A successfully pays the full service fee for such Course Service package.
Section 5 No Course Refund
Unless Party A applies for a refund for an unused package within 14 days after the date of purchase of the unused package, Party A shall not be entitled to a refund for any Courses purchased by Party A in any circumstances.
The refund normally will be received 2 to 3 weeks after the approval date of the refund application. Party B cannot guarantee the refund timing. The refund shall be returned to the same account and in the same manner from which the payment was made.
If the Party A’s payment cannot be refunded to the same account from which it was paid due to the payment channel, Party A shall provide relevant supporting materials (including but not limited to identification certificate, bank card information, etc.) upon the request of Party B and Party B shall refund to the bank card provided by Party A. If the refund cannot be made because Party A refuses to provide the supporting materials requested by Party B or the provided materials are incorrect, Party A shall bear all consequences arising therefrom. Please note that if Party B believes that Party A is abusing the refund policy in its sole discretion, Party B may suspend or terminate Party A’s account and refuse or restrict any and all current or future use of the Services, without any liability to Party A.
Section 6 Cancellation
For both free class and regular classes: if a class is cancelled less than 24 hours before the scheduled time, the class will be charged in full.
Section 7 Class Preparation
All classes are held in Classin. Please attend class on time. Each student may take only one free trial class. If you must cancel a class, be sure to cancel the class at least 24 hours before the scheduled class start time.
1. You can take class using a computer, a mobile phone, an Android tablet, or an iPad.
2. Please make sure the camera on your device functions properly prior to the class.
3. For a better learning experience, a headset with a microphone is highly recommended.
4. If a computer will be used, please make sure the mouse functions properly, and teach your child how to use it beforehand.
5. Please run an IT equipment check before class.
6. Please download the Classroom App (Classin) before the first class.
In the event of large technical outages, back-up classrooms can be sent on the day of by authorized members of the Edge Tutor customer care team. The validity of these back-up rooms will be limited to the specific time period.
Section 8 Tax and Payment Expenses
Under relevant laws and regulations, the service fee for the Course Services is subject to value-added tax (“VAT”) and local surcharges. The service fee for Course Services charged by Party B is inclusive of any VAT and local surcharges.However, any and all payment, service or other fees charged by any third-party payment channels (including but not limited to PayPal, etc.) shall be borne by Party A.
As Party A is an individual customer, Party B shall issue an electronic invoice to Party A to the email address provided by Party A, if requested by Party A.
If the Student’s contact information has changed, Party A shall promptly notify Party B and provide updated information. If Party B cannot contact Party A due to Party A’s failure to notify Party B of such change of the Student’s contact information, Party A shall be solely responsible for the impact on Student’s learning process and any resulting damages.
Party A agrees to properly safeguard Party A’s course account and password used to access Party B’s Platform. Party A shall not lend, transfer or assign its account and password to any third parties. Party A is responsible for all activity in Party A’s course account. If Party A’s course account or password is misused without authorization or Party A becomes aware that Party A’s account security has otherwise been compromised, Party A shall immediately notify Party B's staff and request that Party B suspend Course Services. If Party B reasonably suspects Party A has breached this clause, Party B is entitled to temporarily suspend the use of Party A's course account. If Party B confirms that Party A violates this clause, Party B is entitled to terminate this Agreement immediately.
Without Party B's written consent or authorization, Party A shall not, in any way, provide or disclose the technical data, trade secrets and other confidential information obtained by executing and implementing this Agreement to any third parties. If Party A breaches this clause, Party B has the right to terminate this Agreement immediately and Party A must compensate Party B for its losses.
To protect all the registered users and Students’ privacy and interests, Party A shall not use Party B’s Platform or systems to collect, probe, or ask for other students’ or teachers’ personal information or contact information (e.g., email, social media accounts), personal connections or financial status.
Section 9 Intellectual Property
Party B possesses full, exclusive and complete ownership and all intellectual property rights regarding the following materials: (1) all materials prepared for Party B’s courses (including, but not limited to, textbooks, courseware and relevant training materials); (2) all materials generated from the course process (including, but not limited to, any course videos and course schemes); (3) software, programs and contents displayed, used, or provided on Party B’s Platform; and (4) any other materials, content or technologies created by or for Party B in connection with providing the Course Services (the “Company Materials”). Party B hereby grants Party A and the Student a limited, non-exclusive, non-transferable license to access and use the Company Materials solely for the Student’s personal, non- commercial, educational purposes through the Course Services, in accordance with this Agreement and any conditions or restrictions associated with particular Course Services. All other uses are expressly prohibited absent express written consent by Party B. Without Party B's consent, neither Party A nor the Student shall, at any time (during the term of and after the termination of the Agreement), ① use the Course Materials for commercial purpose; ② translate, copy, broadcast or edit the Course Materials in any way; and ③ disclose the Course Materials to any third parties.
Section 10 Non-Solicitation
Party A agrees that Party B's employees and tutors are important support for Party B’s existence and development. Party A shall not, during the Course Services and for one year after termination of the Course Services, in any way, solicit, request or invite Party B's employees or teachers to terminate their relationships with Party B or to accept any position (whether formal, part-time, or temporary) provided by Party A or other individuals or organizations unrelated to Party B.
If Party A breaches the non-solicitation obligations contained in Clause 32, Party A shall pay Party B a penalty of Php 30,000; if Party B's staff and tutors terminate the service relationship due to Party A’s actions, Party A shall pay Party B compensation in an amount equal to twice the annual salary or service fee Party B paid to the above mentioned person in the year prior to the date of termination of the employee contract or relationship or service contract.
Section 11 Liability for Breach of this Agreement
Any party breaching this Agreement shall bear the liability for breach of this Agreement and be liable to the other party for losses incurred as a consequence of its breach. Other than for types of liability that cannot be limited by law, Party B’s maximum liability for breach of this Agreement shall be no more than the amount of payments made by Party A to Party B under this Agreement.
If Party B breaches this Agreement, Party A is entitled to terminate this Agreement at any time. PARTY B SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES. PARTY B SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PARTY B’S REASONABLE CONTROL. OTHER THAN FOR THE TYPES OF LIABILITY THAT CANNOT BE LIMITED BY LAW, PARTY A AGREES THAT PARTY B'S MAXIMUM LIABILITY FOR NON-PERFORMANCE OF ANY BREACH OF THIS AGREEMENT SHALL BE NO MORE THAN THE AMOUNT OF PAYMENTS MADE BY PARTY A TO PARTY B UNDER THIS AGREEMENT.
If Party A breaches this Agreement, Party B is entitled to terminate this Agreement at any time. If Party B suffers any loss due to Party A’s breach, Party B is entitled to deduct the amount of compensation for Party B’s losses from Party A’s paid service fee for any unused courses. If Party B’s losses due to Party A’s breach of this Agreement exceed the amount of Party A’s paid service fee for any unused courses, Party A must compensate Party B for any additional amounts due to Party B. In consideration for using the Services, Party A agrees to indemnify, defend, and hold harmless Party B and its owners, affiliates, officers, directors, employees, licensors, agents, representatives, successors, and assigns from any and all claims, demands, losses, liabilities, damages (including consequential, compensatory, or punitive damages), and expenses (including attorneys’ fees), whether based upon breach of contract, breach of warranty, or any other legal theory, arising out of or in connection with (i) Party A's use of the Services; (ii) Party A's breach or violation of any representations, warranties, covenants contained in these Terms; (iii) Party A's violation of any federal, state or local laws or regulations; and (iv) Party A's violation of the rights of any third party. Party B does not hire or employ teachers and is not responsible or liable for any interactions involved between the teachers and the Students. Party B is not responsible for any disputes, claims, losses or damage that arises out of or relate to conduct of teachers or Students, including, but not limited to, any Student's reliance upon any information provided by a teacher.
Section 12 Force Majeure
"Force Majeure" means an event that is beyond the reasonable control of either party and is unforeseeable or foreseeable but inevitable, as a result of which any party is unable to fully or partially perform its obligations under this Agreement.Such events include, but are not limited to, natural disaster, governmental action, the requirements of laws, statutes, regulations or other legal requirements, pandemic, war, or any other similar events as a result of which any party is unable to fully or partially perform its obligations under this Agreement.
Either party who suffers from the Force Majeure event may temporarily suspend its obligations under this Agreement until the Force Majeure event is eliminated or otherwise resolved to permit the party’s performance, and such affected party bears no liability for breach thereof provided that the affected party takes appropriate measures to overcome the Force Majeure event and mitigate its negative effects.
THE COURSE SERVICES, COMPANY MATERIALS, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE COURSE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PARTY B AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. PARTY B AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT PARTY A'S USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PARTY A’S USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT HIS OR HER OWN RISK. PARTY A CONFIRMS THAT: IN THE EVENT THAT PARTY B'S PLATFORM IS UNAVAILABLE OR PARTY A’S COURSE DATA IS LOST OR DESTROYED DUE TO THE FOLLOWING CIRCUMSTANCES, SUCH EVENT SHALL NOT CONSTITUTE PARTY B’S BREACH OF THE AGREEMENT AND PARTY B SHALL NOT BE SUBJECT TO ANY LIABILITIES TO THE EXTENT PERMITTED BY LAWS AND REGULATIONS:
(1) INTERRUPTION OF THE SERVICES CAUSED BY REGULAR INSPECTIONS OR CONSTRUCTION, MAINTENANCE AND UPDATING OF HARDWARE AND SOFTWARE SERVICES, OR SUDDEN MALFUNCTION OF HARDWARE AND SOFTWARE EQUIPMENT AND ELECTRONIC COMMUNICATIONS EQUIPMENT;
(2) UNAVAILABILITY OF THE SERVICES DUE TO IMPROPER USE BY PARTY A; OR
(3) INTERRUPTION OF THE SERVICES OR OTHER INCIDENTS CAUSED BY HACKING, VIRUSES, AND/OR TECHNICAL ADJUSTMENTS OF THE TELECOMMUNICATIONS SECTOR.
In the event that the performance of this Agreement is affected due to the requirements of laws, statutes, regulations or other legal requirements, national policies and regulations, administrative intervention, or fire, earthquake, war and other Force Majeure events, neither party shall bear the liability for non-performance of the Agreement.
Section 13 Miscellaneous
After the Course Services to Party A is completed, this Agreement shall be terminated automatically. The termination of this Agreement shall not affect the validity of the provisions pertaining to confidentiality, intellectual property and non-solicitation set forth in Section 7, Section 8 and Section 9 herein.
If any term, provision, covenant or condition of this Agreement shall be held to be fully or partially invalid, unenforceable or void for any reason, the remaining provisions of this Agreement shall remain valid, binding and in full force and effect.
Section 14 Jurisdiction and Dispute Resolution
The formation, performance, interpretation and dispute resolution of this Agreement shall be governed by and construed in accordance with the laws and regulations of Singapore, without giving effect to any conflict or choice of law rules. Party A irrevocably consents, and waives to the fullest extent permitted by applicable law, any right to object to such choice of law.
Both parties agree that any dispute arising from or relating to this Agreement and its existence, breach, termination, interpretation, enforcement, validity, scope, and applicability shall be settled through friendly negotiation. Such negotiation shall be initiated by Party B by emailing Party A at the email address provided by Party A when registering for Services, or initiated by Party A by emailing Party B at firstname.lastname@example.org. If the matter is not resolved by the negotiation, disputes arising out of or relating to this Agreement or the services will be resolved by final and binding arbitration by a neutral arbitrator selected by the parties. The proceedings shall be in the English language. The arbitration will be held in a location the parties mutually agree upon in writing or, if no such agreement, then in Singapore. The Parties waive their right to have any dispute, claim or controversy decided by a judge or in court and waive any right they may have to a trial by jury. This dispute resolution procedure applies to all claims that either Party may have against the other or the Party’s heirs, officers, directors, employees, owners, agents, representatives, benefit plans, sponsors, fiduciaries, agents, parents, subsidiaries, or affiliated entities. Party B will pay all arbitrator fees and any arbitration administrative expenses. Each party will pay its own costs and attorneys’ fees.
The interpretation of this Agreement will be submitted exclusively to the arbitrator. Arbitrability of any dispute between the Parties, including (without limitation) whether any provisions of the Agreement are invalid, unconscionable, or otherwise unenforceable—and whether a dispute, claim, or controversy is subject to arbitration—is to be submitted exclusively to the arbitrator, not decided by a court. Notwithstanding anything to the contrary, the Parties may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such provisional relief.
Contacting Edge Tutor
Please feel free to contact Edge Tutor if you have any questions about these Terms or our practices. You may contact us at email@example.com or at our mailing address below:
Edge Tutor International Pte. Ltd., 600 North Bridge Road #12-02-03 Parkview Square Singapore (188778)