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TERMS OF USE

Last Modified: 14th Jan 2023

TERMS OF USE

PLEASE READ THIS TERM OF USE CAREFULLY.

This is a contract between "you" (the person using and assessing GoHomeTuition's website) and "us" (GoHomeTuition). It describes how we will work together and other aspects of our relationship. It is a legal document so some of the languages are necessary "legalese" but we have tried to make it as readable as possible. These terms are so important though that you must not use our website unless you agree to them. If you do not agree with (or cannot comply with) the terms, then you must not use and assess our website. By using our website, you are agreeing to these terms.

If you are a student under 18 years old, please do not use the website as the website is not intended for persons under the age of 18. Please talk to your parents or guardians about this website and your need to get a tutor and get their consent to continue using this website. Your parent or guardian will enter into the contract on your behalf of you.

We will periodically update and revise these terms and you agree to be bound by such revisions. Although we may provide you with notice (as appropriate under the circumstances) when material changes are made to these terms, you should periodically review the most up-to-date version at https://gohometuition.com/terms-conditions.

Finally, we know legal terms can sometimes be difficult to navigate, so we wanted to give you a roadmap of the Agreement:

  1. DEFINITIONS. This is where we provide the detail on what the key defined terms in the Agreement mean.
  2. RELATIONSHIP. When you use our website, there are some fundamental terms that apply to our relationship, and here is where you can find the detail.
  3. GENERAL COMMERCIAL TERMS. Here is where you can find the basics about how our matching service is charged and provided.
  4. GENERAL LEGAL TERMS. As we mentioned above, this is a contract, and contracts are filled with legal terms. In this section, we have collected many of the remaining legal terms that make up our Terms of Use.

1. DEFINITIONS

"Agreement" means this Agreement and all materials referred to or linked to in here.

"Commission" is 50% of the Tuition Fee.

"Tutor" means a person using the website who has engaged us as an agent by registering himself/herself as a tutor.

"Parent/Student" may be used collectively or interchangeably to mean a person using the website requesting a Tutor. When "Parent" is used individually, it shall mean the parent of the Student; and when "Student" is used individually, it shall mean a person under 18 years old who acknowledges having obtained the required parental consent.

"Terms of Use" means those terms and conditions located at https://gohometuition.com/terms-conditions, as modified from time to time.

"Website" means the website on the domain https://gohometuition.com/

"We", "us", "our" and "GoHomeTuition" means Go Smart Solution (Business Registration Number: JM0783037-W).

"You" means the party, other than Go Smart Solution, entering into this Agreement and assessing the website.

2. RELATIONSHIP

1. Relationship

We (GoHomeTuition) are regarded as an agency under Malaysia Law. By registering as a tutor on the Website, the Tutor appoints us as his/her agent to introduce the Tutor to the Parent/Student who is looking for tutoring services. We act as an agent for the Tutor and will introduce the Tutor to the Parent/Student for the purpose of bringing Tutor into legal relations with the Parent/Student.

2. Extent of Our Duty

  1. Once we have matched up the Tutor and the Parent/Student, the Tutor is entering into a contract between the Tutor and Parent/Student. Although the contract between Tutor and Parent/Student entered into through us and arising from our introduction, it shall have the same legal consequences as if the contract had been entered into and the introductory acts have been done by the Tutor in person.
  2. Our duty is completed when the Parent/Student arranges a session of tuition with the Tutor we introduced, as such we shall have no liability for any claims arising thereafter and during the tutoring sessions carried out by a Tutor introduced by us.
  3. We are only responsible for matching up the appropriate Tutor with Parent/Student that we (in our sole opinion) think is suitable. We have acted in good faith according to the usual practice in matching up the Tutor and Parent/Student and we do not responsible for any conflicts, disputes, sabotage, action, omission, misbehaviour or undesirable consequences that occurred thereafter and during the tutoring sessions among Tutor and Parent or Student.
  4. Further, we do not provide any tutoring service to the Parent/Student and we do not responsible for the content of the lessons and teaching methods or behaviour of the Tutor. We may however, based on our experience, share with the Tutor some skills and how-to we acquired throughout the years.

3. Representation & Warranties

  1. If you are a Parent/Student, you represent and warrant that: (i) you are not a minor and you are above 18 years old (or, if you are a minor, you have obtained your parental consent); (ii) you are a person of sound mind; (iii) all information you provided pertaining to yourself when filing in the form Request A Tutor at https://gohometuition.com/request-tutor/ is true, complete, and accurate in all aspect; and (iv) this Agreement constitutes legal, valid and binding obligation on you in accordance with its terms.
  2. If you are the Tutor, you represent and warrant that: (i) you are above 21 years old who possess the required qualifications; (ii) you confirm that you fulfilled and agreed with the criteria for becoming a tutor listed down at https://gohometuition.com/become-tutor; (iii) all information you provided pertaining to yourself when filing in the form Become A Tutor at https://gohometuition.com/become-tutor is true, complete, and accurate in all aspect; (iv) our appointment as your Agent will not conflict with any of your existing agreement or arrangement; and (iv) this Agreement constitutes legal, valid and binding obligation on you in accordance with its terms.
  3. We represent and warrant that we will provide the matching service in a professional manner consistent with general industry standards and that the service will be performed in a timely and efficient manner.
  4. Warranty Claim. Any warranty claim must be notified to the other party within thirty (30) days of its first breach.

4. Indemnification by Tutor to Agent

The Tutor shall indemnify, defend and hold harmless us against all costs, claims, demands, expenses (including reasonable legal costs) and liabilities of whatever nature incurred by or awarded against us arising out of (a) the Tutor non-compliance with or breach of this Agreement or Terms Applicable to GoHomeTuition Agency Service or Code of Conduct contained therein, (b) any act, neglect or default of the Tutor, or (c) any action taken or omitted by us in pursuance of this Agreement in good faith according to the usual practice in matching up the Tutor and Parent/Student (except for gross negligence, bad faith or willful misconduct).

5. Disclaimers and Limitations of Liability

1. Disclaimer of Warranty.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, OR SECURITY OF THE MATCHING SERVICES FOR ANY PURPOSE. YOU UNDERSTAND THAT WE DO NOT PERSONALLY KNOW YOU (PARENT OR STUDENT OR TUTOR) AND THAT WE DO NOT CONTROL THE BEHAVIOR OF ANY OF YOU (PARENT OR STUDENT OR TUTOR) DURING THE TUTORING SESSIONS, AND HENCE THE PROVISION OF OUR SERVICE IS SUBJECT TO LIMITATIONS AND PROBLEMS INHERENT IN THE ENGAGEMENT OF AGENCY. WE HENCE CANNOT GUARANTEE THAT THE MATCHING BETWEEN STUDENT AND TUTOR IS FREE-OF-CONFLICT OR DISPUTE-LESS, OR THAT WE WILL RESOLVE ALL CONFLICTS. WE DO NOT MEET WITH EVERY PARENT, STUDENT OR TUTOR PERSONALLY OR CARRY OUT ANY INSPECTION AS TO THE SECURITY OF THE TUTORING ENVIRONMENT. YOU ASSUME ALL RESPONSIBILITY FOR YOUR OWN SECURITY, SAFETY AND WELL-BEING IN THE TUTORING SESSIONS INCLUDING TRAVELLING TO AND IN PROVIDING AND RECEIVING THE TUTORING SESSIONS. OUR WARRANTIES ARE LIMITED TO THOSE SET OUT IN SECTION 3C ABOVE AND WE DISCLAIM ALL OTHER CONDITIONS, GUARANTEES OR WARRANTIES WHETHER EXPRESSED OR IMPLIED, BY STATUTE OR OTHERWISE.

2. No Indirect Damage.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, REMOTE OR SPECULATIVE LOSS OR DAMAGE, INCLUDING (BY WAY OF EXAMPLE AND NOT AN EXHAUSTIVE LIST) PERSONAL INJURY, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY.

3. Limitation of Liability.

IF, NOTWITHSTANDING (I) CLAUSES ON INDEMNIFICATION CONTAINED IN THIS AGREEMENT, AND (II) ANY WILLFUL MISCONDUCT, FRAUD OR FRAUDULENT MISREPRESENTATION BY YOU, THE PARTIES ARE DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY, PARTIES AGREE THAT THEIR AGGREGATE LIABILITY SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TUITION FEE PAID OR PAYABLE FOR THE THREE (3) MONTH PERIOD IN THE YEAR THE CLAIM AROSE.

3. GENERAL COMMERCIAL TERMS

6. Explanation and Calculation on Fees

1. Hourly Rate.

Hourly Rate of tuition will vary based upon the number of students, duration of each tutoring session, frequency per week, education qualification and teaching experience of the Tutor.

2. Tuition Fee.

Tuition Fee whenever mentioned in this Agreement means the Tuition Fee calculated on a 【Four-Week Basis】 (not monthly).

For clarity and example, see below:

Hourly Rate: RM 40
Duration: 2 hours
Frequency per week: 1

Tuition Fee (on 4 weeks basis) = RM 40 X 2 hours x 1 x 4 weeks = RM 320

7. Arrangement on Tuition Fee

1. No Hidden Fee.

No upfront fee is required when Parent/Student request a Tutor, and no registration fee is required when Tutor engages us as his or her Agent.

2. Discuss and Agree.

We will discuss the Hourly Rate with both Parent/Student and Tutor in advance during our matching process. Parent/Student and Tutor must agree with the Tuition Fee before any tutoring session takes place. Should the Hourly Rate / Tuition Fee is above or below your expectation, you must not agree.

3. No Changes.

ONCE AGREED, THE AMOUNT OF THE TUITION FEE MUST NOT BE CHANGED WITHOUT WRITTEN APPROVAL FROM US.

4. Manner of Payment.

Payment will be made by the Parent/Student directly to the Tutor for every tutoring session. We encourage Parent/Student to pay per tutoring session or per week (if there is more than one tutoring session in a week).

8. Commission

1. Agent Fee.

Our engagement as agent under this Agreement shall be compensated. We take one-time compensation for each successful matching and we named this amount as "Commission".

2. Commission.

The commission is 50% of the Tuition Fee. Tutor shall pay us the Commission we are acting as his or her Agent.

3. Manner of Payment.

Tutor is required to bank in the Commission directly to the given bank account within 7 days upon full collection of the Tuition Fee and send the transaction proof to us through WhatsApp or email for verification.

4. Failure to Pay Commission.

IF TUTOR FAILS TO BANK IN THE COMMISSION WITHIN 14 DAYS UPON FULL COLLECTION OF THE TUITION FEE, WE SHALL NOTIFY THE PARENT/STUDENT OF SUCH FAILURE. WE SHALL THEN BE ENTITLED TO MAKE GOOD OUR LOSSES BY TAKING ANY NECESSARY ACTION INCLUDING (WITHOUT LIMITATION) CONTACTING PARENT/STUDENT PROPOSING FOR A CHANGE OF TUTOR OR TO PAY DIRECTLY TO US. WE RESERVE THE RIGHT TO TAKE LEGAL ACTION AGAINST THE TUTOR FOR CHEATING WITH KNOWLEDGE OR THEFT.

5. Changes on Tuition Fee.

THIS SECTION SHALL BE READ TOGETHER WITH SECTION 7C ABOVE. SINCE OUR COMPENSATION IS 50% BASED ON THE AGREED TUITION FEE, TUTOR IS STRICTLY PROHIBITED TO ADJUST THE TUITION FEE WHICH HAS BEEN AGREED UPON BETWEEN PARENT/STUDENT AND US. IN ESSENCE, ANY ADJUSTMENT BY EITHER PARTY WITHOUT OUR CONSENT AMOUNT TO DEPRIVATION OF OUR ENTITLED COMMISSION. WE RESERVE THE RIGHT TO CLAIM BACK ANY PAYMENTS WHICH WERE MADE WITHOUT OUR KNOWLEDGE.

6. Treatment of Special Case.

  1. Termination within the First Round of【Four-Week Basis】
    If Tutor wants to terminate or Parent/Student requests to terminate the tuition, Tutor must inform us personally and immediately so that the Commission would be one-third (1/3) of the Tuition Fee received instead of 50%. If the Tutor fails to inform us (even if the Parent/Student has informed us), our Commission remains at 50% of the Tuition Fee. We reserve the right to claim from you the loss of our Student and or our reputation (if any).
  2. Termination within the Second Round of【Four-Week Basis】
    If Tutor wants to terminate or Parent/Student requests to terminate the tuition, Tutor could apply to us in writing for a partial refund of the Commission. The percentage to be refunded shall be depended upon the fact of each case. We shall have the final decision in deciding whether or not to make the refund and (if refunded) how much per cent is to be refunded.
  3. Termination after the Second Round of【Four-Week Basis】
    We make no refund for the termination from either party.
  4. Tutor's Referral
    Tutor may recommend Parent/Student to us. The Tutor shall receive 25% of the Commission paid by the tutor who takes over the job ("New Tutor") as your referral fee. We will bank in your referral fee after we have received our Commission from the New Tutor.
  5. Tuition is not to be commenced on our discussed date
    If we have introduced and passed the Tutor's contact number to the Parent/Student or the Parent/Student's contact number to the Tutor, and where parties agree that tuition will only be commenced after a period of time, Tutor has the responsibility to pay us our Commission in full as per clauses above upon commencement of the tuition.

    This clause is also applicable to the scenario where the Parent/Student does not want to start tuition immediately or is not interested in starting the tuition in the beginning but contacts the Tutor after a period of time (regardless of the exact period), Tutor has the responsibility to notify us in writing and pay the Commission for the services that we have performed, failing which Clause 8(d) shall govern.

9. Cancellation Policy

1. Temporarily Class Cancellation.

Any cancellation of scheduled classes within the [Four-Week Basis] either by Tutor or Parent/Student must be replaced. Tutor or Parent/Student is not required to notify us so long as the amount of our entitled Commission is not affected or varied. However, Parent/Student and Tutor must notify the other in advance of any holiday commitments they may have, or because of illness or inconvenience.

10. Expenses

1. Transportation Fee.

Transport fee of the Tutor has been included in the Tuition Fee.

2. Reference Book Fee.

We do not deal with Reference Book fees between Tutor and Parent/Student, such expenses are to be dealt with between the Parent/Student and Tutor privately and must be mutually agreed upon before incurred.

As we have no authority to bind Parent/Student and Tutor in relation to the way they want to work out the tutoring sessions, we can provide some guidelines and suggestions (based on our experience) of the good practice: Tutor shall not force Parent/Student to buy any reference book. If Parent/Student asks Tutor to buy the reference books, Tutor must first list the price of the reference book and buy them only with Parent/Student's consent. Tutor needs to show the receipt (s) before Parent/Student makes any payment for the reference books. Parent/Student has the right not to make any payment if the Tutor fails to show proof of receipt(s).

11. Tax

For tax purposes, the Tutor agrees that you are self-employed and are responsible for paying your own taxes. The Tutor will account for the Tuition Fee paid by the client as income and the Commission as an expenditure.

12. Child Protection

We seek to provide a safe experience in which Students can learn.

Any Parent of a Student who is under the age of 18 should not leave the Student in the sole care of that Tutor. Tutoring session is best to be conducted in public places where Parent is present.

13. Additional Terms for Agency Service

This is contained in Terms Applicable to GoHomeTuition Agency Service. If you are a Tutor who is using our Website, you are bound by these additional terms.