Terms & Conditions
Please read these Terms and Conditions attentively. Your access to and usage of the tuition service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms are applied to all users, visitors and others who access or use this Website. You agree that using the Site as the visitor, viewer or registered member, you must be at least eighteen (18) years of age or older. If you are between thirteen (13) and eighteen (18), you have parental permission to enter into an agreement to accept these Terms and to use the tuition services.
1. Rates, Commission, and Payment
All currency references are in Singapore dollars (SGD). You shall be responsible for payment of all levies, duties or taxes that are imposed by taxing rules for any payment or fees you may collect through using our services. Tuition rates listed on our website are merely guidelines. The exact price for tuition services may differ depending on client’s requirements, market conditions, availability of tutors, etc. The tutors can establish rates by themselves. But the final decision concerning price shall be accepted by confirmed agreement of both parties via an official confirmation invoice sent by TutorPlus. Clients shall pay the invoice and inform TutorPlus within three days of the due date. It is the client’s responsibility to ensure that the bank receipt is kept as proof of transaction made through cash deposit transfer. Tuition rates agreed upon should not be changed unless clients and tutors mutually agree. TutorPlus reserves the right to claim its commission based on the original agreed upon tuition rate.
In most cases, we will collect the conducted tuition fees directly from the client (sometimes, we also collect payment from tutor) and will then subsequently resolve any payment issues owing to the tutor. Thus, for cancelled tuition arrangements, clients are required to deal directly with the agency. If clients decide to pay the tutor directly and bypass the agency, clients shall be made liable to TutorPlus for the commission amount if we fail to collect our commission from the tutor, in addition to any administrative fees incurred by the agency in collecting the fees. In general, tutors shall not collect the agency commission from the client directly. If they do so, they shall inform the agency immediately. At notice by the agency, they shall make payment to the agency in full within 3 days. Tutors, who fail to follow these instructions, shall be liable to pay the full amount of payment and additionally, administrative fees, incurred by the agency in collecting the payment from the tutor. TutorPlus reserves the right to change commission due to non-fulfillment of tutor’s obligations or other reasons. Clients are liable to pay tuition fees for all attended lessons, regardless of how satisfactory the lessons were. For more information – read the website.
Refunds may be made to the client’s bank account in case of violations of terms because of the tutor’s fault, or other reasons. Client can be additionally charged for improper or unfulfilled payment obligation. TutorPlus warns about this with messages. If there are disputes or concerns regarding tuition fees between tutors and clients, we will provide assistance, to our reasonable means, to help tutors to claim fees from clients and vice versa. However, TutorPlus shall not be legally responsible for any payment disputes between tutors and clients. Clients shall inform the agency and the tutor (if the client has the tutor’s contact) if a postponement or cancellation of any lesson is needed. If the tutor is only informed less than two hours away to the start time of the lesson, clients shall be liable to pay for the loss time and transport cost to the tutor. The amount payable will be 50% of 1 lesson. The client shall pay this amount in cash immediately on the tutor’s next visit or via bank transfer to the tutor if there is no more next visit. Cancellations or postponement of lessons shall not affect our commission amount.
42 Essential provisions relating to the relationship between the client and the tutor.
The client may request a replacement tutor or cancel at any time after the firstlesson, but will still have to pay the attended tuition fees to TutorPlus.The tutoring period is usually stated clearly as we arrange the tuition assignment.In the event that the tutoring period is not specified, all parties should be prepared to commit for at least 3 months.There is an unspoken agreement to complete minimum 1 lesson upon tutor confirmation. If clients decide to cancel after 1 or more lessons for any reason, only conducted lessons shall need to be paid for and TutorPlus will refund any the remaining fees paid in advance. However, for cancellations before first lesson has even commenced, clients will be liable for administrative fees no less than the equivalent of the first lesson fees which must be paid by the due date specified in the invoice.Clients shall inform the agency and the tutor (if the client has the tutor’s contact) if a postponement or cancellation of any lesson is needed. If the tutor is only informed less than two hours away to the start time of the lesson, clients shall be liable to pay for the loss time and transport cost to the tutor. The amount payable will be 50% of 1 lesson. The client shall pay this amount in cash immediately on the tutor’s next visit or via bank transfer to the tutor if there is no more next visit. Cancellations or postponement of lessons shall not affect our commission amount. The tuition schedule and the date and time of the first lesson shall be fixed and hold to. Clients are allowed to renegotiate the schedule with tutors. Any changes in the frequency of lessons in the first 4 weeks of lessons must be made known to TutorPlus. TutorPlus may adjust commission under such conditions.
3. Conduct of tutor/Termination
TutorPlus expects all tutors and members to conduct themselves appropriately in a professional and ethical manner. General rules include, but are not limited to. Do not be late and always deliver a full tuition session. At least two days’ notice if a change of timing is needed, unless due to sudden sickness. MC must be provided. No physical and verbal abuse will be tolerated. (e.g discouragement, scolding etc.). Regular communication with parents to keep them updated of progress. As a member, you agree that TutorPlus may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:i). any breach or violation of our Terms and Conditions or any other incorporated agreement, regulation and/or guideline;ii). by way of request from law enforcement or any other governmental agencies;iii). unexpected technical or security issues and/or problems;iv). any extended periods of inactivity;v). any engagement by you in any fraudulent or illegal activitiesvi). the nonpayment of any associated fees that may be owed by youvii). unethical conduct viii). poor performance. In addition, you agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause is made at our sole discretion and that we are not responsible to you or any other third parties with regards to the termination of your profile, associated email address and/or access to any of our Website. Furthermore, you agree that TutorPlus may cease operations at any time. The termination of your account may contain any and/or all of the following:a) the removal of any access to all or part of the Services offered within TutorPlus;b) the password deletion and any and all related information, files, and any such content that can be associated with or inside your account, or any part of thereof;c) the barring of any further use of all or part of our Website. As a member, you may also terminate or cancel your profile, associated email address and/or access to our Website by submitting a cancellation or termination request to us via email 7 days prior to termination date.
4. Limitation of liability and indemnification
TutorPlus does its best to ensure that all information on the Website is accurate. If you find any inaccurate information on the Website, please let us know by sending an email and we will correct it, where we agree, as soon as practicable.
As we mostly rely on information submitted by users online, we cannot guarantee the qualifications and other information about our tutors. TutorPlus does its best to provide accurate tuition services. However, no one is secured from human error, for example, in case of error in tuition rates/address via SMS confirmation or invoice, etc. TutorPlus gives no warranty or assurance about the content of the Website. As the Website is under constant development, its contents may be incorrect or out-of-date and are subject to change without notice. While we make every effort to ensure that the content of the Website is accurate, we cannot accept liability for the accuracy of all the content at any given point in time. TutorPlus makes every effort to ensure that its computer infrastructure is a virus- and error-free but does not warrant that any content that is available for downloading from the Website does not contain viruses, infection or other code that has destructive or contaminating properties. You are responsible for carrying out sufficient procedures and virus checks (including anti-virus and other security verifications) to gratify your particular requirements for the accuracy of information output and input.
Neither TutorPlus nor any of its employees, sub-contractors and agents shall be liable to you or any other party for any loss, demand, damages or claim whatsoever (whether such loss, demand, damages or claims were known, foreseeable, or otherwise) arising in connection with or out of the usage of the Website or information, materials or content included on the Website.
TutorPlus will try to provide clients and tutors with the best match possible, but due to varying factors, we cannot guarantee good results. While TutorPlus will try to resolve conflicts between tutors and clients, we hold no legal liability for problems and disputes that arise. Neither TutorPlus nor any of its employees, sub-contractors and agents shall be responsible for any quarrels, clashes, crime, which may happen between the clients and the tutors when they realize the tuition services. In no event shall TutorPlus or any of its employees, sub-contractors or agents be liable for any indirect or consequential damage or loss including, without limitation, any;•loss of actual or anticipated profits (including loss of profits on contracts);•loss of revenue;•loss of business;•loss of opportunity;•loss of anticipated savings;•loss of goodwill;•loss of use of money or otherwise•loss of reputation;•loss or damage to or corruption of data,and whether or not advised of the possibility of such demand, claim, loss, damages or loss and arising in tort (including negligence), contract or otherwise, to the fullest extent that is allowed by law. The Website provides hypertext links to other sites operated by other services. The usage of such a links means you are leaving the Website. TutorPlus takes no responsibility for and gives no warranties, endorsements, guarantees or representations in respect of, linked sites. We are not liable for the privacy practices, nor do we accept any responsibility in connection with the information of, such websites, including those of our group entities, which will in some cases have their privacy policies tailored to the particular business practices and educational sectors in which they operate. We are not a publisher of content supplied by third parties and users of the internet. Any offers, services, statements, advice, opinions, or other content that is available by third parties, including information of providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we liable for the accuracy or reliability of any content made on the Website. The information on the Website is not directed to address your particular demands. Such information does not constitute any form of recommendation or advice by our service and is not intended to be relied upon by you in creation (or refraining from creation) any specific educational, or other, decisions. You should take your advice and make specific inquiries and independently verify any information before relying upon it. At the request of clients or tutors, we may need to specify gender or race preferences in the jobs or marketing messages we send out via various communication channels This is purely due to clients’ or tutors’ specified preferences and not the agency’s initiative or intention. We are fully supportive and cooperative with TADM guidelines. We do not encourage or condone any form of bigotry or racism – clients that request for specific gender or race are expected to provide valid reasons (for instance, if they are not able to be home to supervise their daughter thus preferring a female teacher for safety reasons)You agree to defend, hold and indemnify harmless TutorPlus, its directors, agents, officers, employees, and third parties, for any costs, losses, liabilities and expenses (including reasonable fees) relating to or arising out of users use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this contract or your breach of any third parties rights, or your violation of any applicable laws, rules or regulations. TutorPlus reserves the right of assuming the exclusive defense and control of any matter otherwise subject to indemnification by a user, in which event the user will fully cooperate with TutorPlus in asserting any available defenses.
5. Intellectual Property Rights
TutorPlus may update this policy. This policy may be updated or changed without prior notice.The Website’s owner and its licensors own all the intellectual property rights and materials involved in this service. You are admitted to the site only for using the material displayed on this Website.
As a condition of your use of the Website, you warrant to TutorPlus that you will not use the Website for any reasons that are illegal or prohibited by these Terms. You may not use the Website in any manner, which could disable, overburden, impair, or damage the Website. You may not attempt to obtain any materials or information through any methods that are not available or provided by our service. All content that is a part of the Site, such as images, logos, graphics, text as well as any software used on the Site, is the property of TutorPlus and is protected by copyright and other applicable laws. You agree to follow all copyright and other proprietary notices or other limitations that are in any content and will not make any changes thereto. You will not publish, modify, transmit, reverse engineer, participate in the transfer or sale, or in other way use any of the content, in whole or in part, found on the Website. You are not entitled to make any unauthorized use of any protected content, and in particular, you will not delete or change any proprietary rights or attribution notices in any content. You have to use protected content solely for your personal use and do not let any other persons use the described content without the prior written permission of TutorPlus or the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, implied or expressed, to the intellectual property of TutorPlus or its licensors except as expressly authorized by these Terms.
6. Restrictions and obligations
Some areas of this service are restricted from being access by you and may further restrict access by you to any areas of this service at absolute discretion. Any user ID and password you may have for this Website are confidential, and you must respect confidentiality as well.You warrant that you will follow, without limitation, all applicable international, national and local laws and regulations concerning your usage of the service and not inhibit the usage and enjoyment of the service by other users or with the operation and management of the Website. You shall provide accurate, authorized, complete, and true information when providing materials or information on the service, including, without limitation, information required to be provided through TutorPlus Website’s registration form. This includes any certificates, documents, or photos that you upload to our website or send to us or any of our coordinators via various channels. If you submit any inaccurate, false, unauthorized, incomplete or untrue information or you do not meet our criteria as a member, TutorPlus reserves the right to terminate your use and access to the Website temporarily or permanently. You warrant that you will not impersonate any others, whether actual or fictitious, when using the service, or defame or otherwise harm any party through your use of our service. TutorPlus also reserves the right not to provide services for clients or tutors without reason. Accessing the Website is forbidden from territories where the Service or any Content is illegal; you are responsible for compliance with local laws. •fraud or fraudulent misrepresentation; or•the tort of deceit; or•any other liability which may not be limited or excluded by law.
7. Website Rules and Conduct
TutorPlus reserves the right to remove any content from the Website or another feature of the Website at any time, for any reasons or no reason at all.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not license, rent, publicly display, adapt modify, sell, create, distribute, copy, reproduce, transmit, publicly perform, publish, edit derivative works from, or otherwise exploit any content or third party submissions or other proprietary rights not owned by you:(i) without the consent of the respective owners or other valid right and(ii) in any way that violates any third party right. You can, to the extent the Website expressly authorizes you to do so, copy or download Content, and other items displayed on the service for download, for personal use only, provided that you maintain all copyright and other similar notices contained in such Content.
Deleting your Account affects all data associated with that account and any services you use. You understand that all your notes and information will be deleted. Please be aware that the service or other features of the Website may contain, or direct you to services with content that some people may find offensive or inappropriate.
8. Use of communication services
The Site may contain chat areas (blog), news groups, communities, forums, calendars, personal web pages, and/or other message or communication facilities created to enable you to communicate with the public at large or with a group (communication services). You adhere to use these communication services only to send, receive and post material and messages and that are proper and related to the particular communication service.
By way of example, and not as a limitation, you agree that when using a communication service, you will not: harass, abuse, stalk, threaten, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others; post, distribute, upload, publish any inappropriate, defamatory, infringing, obscene, indecent or unlawful material, information, name or topic; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; advertise or offer to sell or buy any goods or services for any business purpose, unless communication service specifically allows such messages. TutorPlus has no obligation to monitor the communication services. We do not control or endorse the content, messages or information found in any communication service and, therefore, TutorPlus specifically disclaims any liability in the matter of the communication services and any actions resulting from your joining in in any communication service. Managers and hosts have not authorized spokespersons of TutorPlus, and their views do not necessarily reflect those of TutorPlus. TutorPlus reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. We have the right to terminate your access to any of the communication services at any time without notice for any reason whatsoever.
If the parties are not able to overcome any dispute between them arising out of or concerning service’s Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such conflict shall be overcame only by final and binding arbitration or a similar arbitration service selected by the parties, in Singapore. The arbitrator’s award is final, and judgment is to be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall is entitled to recover its costs and reasonable fees. User agrees to arbitrate all disputes and claims in regards to these Terms or any conflicts arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.
10. Modification of Terms
TutorPlus reserves the right, at its sole discretion, to change or substitute the Terms and Conditions. It is your responsibility to scan the Terms periodically for modifications. Your continued usage of the Services following the posting of any modifications to the Terms will be subject to the new Terms. Unless otherwise specified herein, this contract constitutes the entire agreement between you and TutorPlus concerning the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TutorPlus with respect to the Website. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or be relating to this agreement to the same extent and subject to the same conditions as other documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
e) If required by Singapore law or any international legislation, SmileTutor reserves the right to comply with the relevant authorities.
f) In accordance with PDPA, we have appointed a “Data Protection Officer” in our company. Please email us with title ‘Attn: Data Protection Officer, Rum Tan’ in order to reach our appointed officer, Mr Rum Tan. You may also call our hotline to request for him.
“Personal Data” refers to any personal information relating to a natural person or data relating to a User’s usage of the website or payment information from any online payments via our website that is collected by us.
Personal Data and information can also be collected manually through user registration forms, request forms, phone calls, digital messages, emails etc. Information transmitted through any form of direct communication to us shall be presumed to be “collected”, unless explicitly stated by the user.
If you provide information about other persons (e.g. family members or friends), you must have informed consent from them to disclose their personal data to us and hereby represent them with regards to this policy agreement.
From 1st September 2019, in lieu of some changes in PDPA guidelines, SmileTutor has ceased to collect the NRIC numbers of tutors. Existing records have also been permanently deleted accordingly.
Our Service uses above-mentioned information for the following:
– to operate and maintain our Service;
– to create, manage and maintain Users personal account;
– to facilitate our operations;
– to analyze the activities of our Users for the specific purposes, for instance, of improving the Website;
– to prevent, detect and investigate illegal activities;
– to protect our rights and responsibilities;
– to send User marketing emails based on the information that may be interesting for User; User is able to refuse the obtaining of such an emails by sending a request to our Service or clicking the appropriate link.
We are fully compliant with Do Not Call Register (DNC) requirements and do not send any unsolicited messages to the general public. Only users who have engaged our services or voluntarily provided our Service with their contact information via our website or other channels shall receive marketing information from us. Tutees or tutors who request the services of SmileTutor are deemed to have accepted the agreement and terms and acknowledge the willingness to receive future updates, marketing, and promotions. The user can unsubscribe at any point in time by notifying us by SMS, email, or other means.
4. Display of Tutor Profiles on Website and Marketing Collaterals
As a tuition agency, SmileTutor is tasked with matching students and tutors. Hence, we may use Tutor’s information as a form of advertisement on both our online and offline marketing collaterals (for example our website and social media). In doing so, details such as Tutor’s First Name, Age, Profile Photo, Gender, Race, Teaching Preferences, Academic Qualifications, Preferred Tutoring Locations, Tutor Category and Teaching Experience may be revealed to the public.
Tutor Details that we will not reveal to public include: Email address, Phone number, Last name, Bank details, Postal Code, and uploaded documents.
Tutors have been informed on the tutor registration forms and are given the option to set their profile as private if they do not wish for their information to be used in any advertisements.
5. Geographic Information
For Tutees, we need to collect your geographic information such as your postal code or address, in order to source for suitable Tutors. We may advertise this information on our website, mobile application, or third-party websites. We will take measures not to reveal your full address but it is not guaranteed. If you wish for your address to remain hidden, please inform us and let us know the location to use as a placeholder (for example, a nearby location from your house).
6. Sharing of data during the matching process
In order to remain compliant with PDPA laws, SmileTutor has implemented the following safety procedures in our operations:
-When a Tutee requests for proof of a tutor’s certificates during the matching process, SmileTutor will first seek the express consent from the Tutor before sending any files to the Tutee.
-Any communication between Tutor and Tutee prior to confirmation shall be made via conference call with SmileTutor (personal data is not shared)
-Only when an assignment is expressly confirmed by both the Tutee and Tutor, with a date to start the first meeting between the two parties, then we may send the phone number, email, and full address of the Tutee to the Tutor, and vice versa, for the purpose of liaison.
-If there are any disputes between Tutee and Tutor, SmileTutor will not reveal personal information unless required by law.
7. Third party actions
1) We can disclose Users Personal Data with third parties for the following reasons:
– on the legal request of governmental or law enforcing bodies;
– to investigate the potential violations;
– to prevent the technical issues;
– to enforce applicable law, procedures, and regulations in accordance with Singapore and international legislation;
– for the request of processing partner for the reasons of making payment through financial institutions.
2) The User Personal Data is not shared with third parties except the above-mentioned circumstances.
3) We disclose only the necessary Personal Data for third parties to perform their specific services. All reasonable measures will be taken to ensure these third-parties keep your information secure and not use it for other purposes. If the third parties are situated overseas, we will ensure that appropriate data transfer mechanisms are in place in accordance with applicable laws.
4) The User Personal Data is not to be sold, provided on lease and shared to other Services.
5) Our Website contains links to other Services, Websites or applications. The User agrees that those Services, Websites, and applications have their own Privacy Policies. Our Service is not responsible for usage, collection, and disclosure of your Personal Data by this Services.
8. Retention of Information
We reserve the right to retain any personal data collected unless you explicitly request us to remove your information from our records or the contract between you and us states that data shall be removed when such contract has been fully performed. If you have informed us to remove your personal data, do note that we may take up to 7 days to comply and that we may retain some of your personal data internally to the extent permitted by the law.
1) All reasonable measures (physical, electronic and managerial procedures) were taken in order to protect the collected information from unauthorized access or disclosure, in order to ensure the User that Personal Data is secured. However, we cannot fully guarantee that the existing measures of data protection are absolutely safe in case of unauthorized access of the third parties.
2) The access to your Personal Data is allowed only to our Service and people authorized by our Service. We ensure that such persons keep your Personal Data in a confidential way. For example, through service agreements with our developers.
10. Cross-border transfer
1) The Website may be hosted on a server outside your homeland. In this way, the User permits the transfer of his Personal Data outside the borders of a home country.
2) The Service cannot guarantee the total security while transfer User Personal Data. We want to state, that none of the existing ways of data transfer can be totally safe.
3) We emphasize that our Service cannot be responsible for offenders of applicable legislation and regulations on cross-border transfer.
2) A cookie is in fact a small piece of data which a website asks Users browser to store on a Users computer. The cookie enables the Service to record and “remember” Users actions.
– identification of users
– remember custom preferences;
– help users complete tasks without re-entering information when browsing from page to page or when visiting the site at a later date.
– to improve our Service based on factors such as how many users visit or use our Service;
– to measure and analyze activity on our Service.
4) The User is allowed to delete or block cookies (take a look at browsers instructions)
13. Contact info
We welcome feedback if the User has any questions, proposals, and views regarding our privacy practices or the use of Personal Data.