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1. Responsibilities of SkyTutor

1.1 No warranty as to reasonableness of parents’ or students’ requirements of tutors

SkyTutor expressly states that it has not conducted prior interviews or home visits with parents or students, and that the legality, suitability, or other reasonableness and principles of parents’ or students’ requirements of tutors regarding ethics, academics, character, teaching quality and standards, and similar matters, are outside SkyTutor’s control.

1.2 No warranty of tutor personal safety / no warranty of long-term engagement by parents or students

SkyTutor expressly states that a tutor’s personal safety or other personal gains or losses are also outside SkyTutor’s control. SkyTutor does not accept or assume any legal liability arising between tutors and parents or students. SkyTutor does not guarantee that parents or students will use a tutor long-term; tutors who use this website’s services must assess risks and other personal gains or losses themselves. All persons must be aware of the risks of dealing with persons under the legal age of capacity, persons who give false reasons, or persons without capacity to contract.

1.3 No warranty of identity of parents, students or tutors / no warranty of accuracy of information

SkyTutor cannot and will not verify the identity of every parent, student or tutor. Therefore, when you deal with parents or students as indicated by SkyTutor, you must carefully guard against fraud. SkyTutor is not responsible for any act or omission of any user. SkyTutor cannot control information provided by parents or students through this website; warranty items are set out in the fee guide or service introduction, which are incorporated into this Agreement and form part of it. Accordingly, SkyTutor does not warrant the accuracy of any information provided by any person through use of the services.

1.4 Exclusion of SkyTutor’s legal liability

If any dispute arises between a parent or student and a tutor, or any dispute arises from use of the services, SkyTutor shall have no legal liability for all liabilities, claims, demands and damages (actual or consequential) of whatever nature, known or unknown, suspected or not, disclosed or undisclosed, relating to or arising from such disputes.

1.5 SkyTutor’s costs and expenses

All costs and expenses incurred by SkyTutor at your request, or pursuant to any order made in any proceedings involving you (whether by subpoena or order of any court of competent jurisdiction, including orders for disclosure of documents or to attend court to give evidence), including SkyTutor’s costs of seeking legal or other professional advice or representation, shall be borne by you. (In all such cases, costs are calculated on an actual-loss basis.)

2. Rights of SkyTutor

2.1 Right to suspend or terminate membership

If a user is found to have engaged in any of the following, SkyTutor may suspend or terminate membership without paying compensation:

• breach of the conditions and terms set out in this Agreement; or
• engaging in fraudulent conduct relating to this website (whether established by conviction, settlement, insurance or escrow investigation, or otherwise).

2.2 Right to handle information provided by users

SkyTutor has absolute and unfettered power to refuse or delete any information provided by users, without notice or compensation to any party. Without prejudice to this right, if any information provided by a tutor, once published or continued to be published, would cause SkyTutor to incur legal liability to a third party, or cause SkyTutor to breach any law or regulation of any competent jurisdiction or the rights of a third party, SkyTutor may refuse or amend any such information provided.

2.3 Right to withdraw intermediary services

SkyTutor reserves the right to withdraw or suspend intermediary services. Costs arising from your request or from legal proceedings involving you (including legal or other professional advice) shall be borne by you.

2.4 Right to refuse services

SkyTutor may stop providing services to any member, and reserves the right to refuse any person’s application for membership or to terminate any person’s membership without explanation.

2.5 Right to change fees

Fees for using the services are set out in the “Tutor Fee Guide”, which is incorporated into this Agreement and forms part of it. SkyTutor reserves the right to change such fees at any time. All users must check the fee schedule before each use of the services.

2.6 Right to amend this Agreement

SkyTutor reserves all rights to add to or delete from this Agreement at any time without prior notice to members; members must review this Agreement from time to time to ensure they understand the latest binding terms.

3. Definitions

3.1 SkyTutor — means the SkyTutor website and related services provided by SkyNet Company.

3.2 Case confirmation (confirm) / accepting a case — means that if a staff member of this Site states in a telephone conversation that “the case has been confirmed / confirm”, and the tutor does not object, from the moment the call ends the case is deemed “confirmed / accepted”.

3.3 All subjects — means all regular subjects for that grade level; for primary school this means Chinese, English, Mathematics, General Studies and Putonghua; for secondary school it depends on the individual school; “homework tutoring” is treated as equivalent to all-subject tutoring.

3.4 Three-party relationship among tutor / parent / SkyTutor — means the relationship between tutor and parent is a service cooperation relationship, being only an independent cooperation engagement with no employment relationship; the tutor and this Site are only in a service-provider and service-user relationship, with no employment relationship between them, and the services have nothing to do with “employment agency”.

3.5 Membership agreement — means that any guidelines, guides, content, terms and explanations shown on any part of this Site form part of the membership agreement; this Site is entitled to charge fees under the agreement, and successful registration means the tutor agrees to all terms. The Company is a company duly registered under the laws of the Hong Kong SAR; online commerce and other businesses are subject to the same legal constraints and protections.

3.6 Tutor registration — means registration by a member tutor on this Site, which is legally equivalent to a physical contract.

3.7 Fraudulent conduct — means a member tutor registering with false information / committing fraud / colluding with a student or parent to commit fraud.

3.8 Scope of warranty for location, tutoring time, grade level, gender and similar information

• Location: tutoring location information on the webpage is not necessarily the final tutoring location; the warranty scope is within a 25-minute walk;
• Time: tutoring times may be adjusted according to actual circumstances and are not within the warranty scope;
• Grade level: the warranty scope for tutoring grade level is within one grade above or below;
• Gender: due to sex discrimination legislation, gender is not within the warranty scope.

4. Terms relating to tutoring intermediary services

4.1 Basic responsibilities of tutors

If you, as a tutor, confirm acceptance of a SkyTutor case, you must use best efforts to follow instructions issued by SkyTutor, arrive on time for lessons and complete them on time, and must not increase or decrease lesson time without the parent’s or student’s consent. You agree to authorise this Site to use “registration information” for this Site’s promotional purposes, and agree that this Site may display “registration information” in part or in full when necessary. You agree not to use any tools, software or programs to interfere with the normal operation of this Site’s servers, and not to intentionally overload this Site’s systems. You must properly safeguard your membership login name and password. You must not spread any computer viruses or destructive programs. You agree not to pursue any loss caused by system failure of this Site. You must not use any of this Site’s services for illegal or immoral conduct.

4.2 Tutor’s responsibility to provide accurate information

If a tutor fails to provide accurate information, or a tutor’s case service is terminated because accurate information was not provided, SkyTutor may refuse to provide services and may charge the resulting administrative fees.

4.3 Responsibilities arising from a tutor withdrawing a case

After a case has been confirmed, if the tutor decides to cancel tutoring for the relevant parent or student, the tutor must not pass that parent’s or student’s information to any person.

4.4 Responsibilities for fraudulent conduct by tutors

If a tutor is proven, or SkyTutor believes or discovers that a tutor is highly likely, to have colluded with a parent or student in any fraudulent conduct (including either party falsely reporting to SkyTutor that services have already ended while the tutor is still providing the relevant services to the parent or student), SkyTutor will immediately terminate the tutor’s membership and require the relevant person(s) to pay all related fees in full within seven days; even if the parent or student later decides to terminate the services, the tutor must still pay the full service fees. SkyTutor reserves all rights of criminal and civil pursuit and will not tolerate any fraudulent conduct.

5. No warranties and pursuit of unlawful conduct

5.1 Services provided on an “as is” basis

SkyTutor provides this website’s services on an “as is” basis. Except as clearly set out in this Agreement, SkyTutor makes no express or implied warranties or conditions. SkyTutor does not warrant that the functions of this website or the services provided will be uninterrupted or error-free, that problems will be corrected, or that this website or its servers will be free of viruses or other harmful elements.

5.2 Responsibility for payment mechanisms provided

Payment mechanisms and ancillary payment-processing facilities provided to users are for users’ convenience only, and SkyTutor makes no express or implied warranty in respect of such facilities. In no event shall SkyTutor be liable for any loss, damages, costs or expenses suffered or incurred by users due to failure of payment channel facilities.

5.3 Other information

Under the laws of the Hong Kong Special Administrative Region governing online businesses / e-commerce, online commerce and other businesses are subject to the same legal constraints and protections. Therefore, tutor registration online is legally equivalent to a physical contract; a tutor registering with false information / committing fraud / colluding with a student or parent to commit fraud will be treated as criminal conduct. The Company will not tolerate such unlawful conduct by tutors; the IP address at registration and the IP of every subsequent action will be recorded, and SkyTutor may, when necessary, keep audio backups of conversations with tutors and use such information as evidence when needed.

Any part of oral undertakings in conversations between the Company’s staff and a tutor may be treated as a formal agreement or contract with legal effect; the Company may also record part or all of such conversations.

You are responsible for “registration information”; this Site is only a passive intermediary for collecting and transmitting data. “Registration information” must be ethical and must not violate any law. If this Site considers that your “registration information” may adversely affect any person or organisation, this Site reserves the right to take legal action, and may stop displaying such information and permanently delete membership.

6. Fees

6.1 Fees

Fees for using the services are set out in the “Tutor Fees” guide, which is incorporated into this Agreement and forms part of it. SkyTutor reserves the right to change such fees at any time; new fees take effect on a specified date (the effective date will be within three days after the revised fee schedule is posted on the webpage). All users must check the fee schedule before each use of the services.

6.2 Fee payment method

Tutors must pay administrative fees by bank transfer or similar means; please retain the receipt and keep a copy by fax, photo or scan, and contact SkyTutor staff to verify using the case number. How administrative fees are calculated is detailed in the FAQ.

6.3 Special situations

If, for any reason, the scheduled number of tutoring days is not completed in the first two weeks, fees will still be charged based on the originally scheduled number of tutoring days. The originally scheduled number of tutoring days means all lessons that should take place in the first two weeks; if the number of lesson days in the first month is reduced because the student or tutor misses lessons for any reason (e.g. public holidays, sick leave), the Company will postpone the payment due date and will not reduce the fee.

After a tutor confirms acceptance of a tutoring case by telephone with the Company’s staff, if the tutor decides for any reason to cancel tutoring, the handling fee is $300, and the tutor must telephone us to confirm cancellation at least 48 hours before the first lesson; otherwise the Company will charge the originally scheduled administrative fee. If the parent cancels tutoring within the first two weeks, we will charge the tutor the full agreed tuition for the first lesson and half the tuition for other lessons already given. Any change in the number of lessons or cancellation of a case proposed by the parent must be reported to us by telephone within 24 hours; without the Company’s confirmation, even if the tutor has already left the engagement, the tutor must still pay all administrative fees.

7. Membership eligibility

Only natural persons aged fifteen or above with Form 4 or equivalent educational attainment or above, who have the mental and legal capacity to enter into contracts, and companies authorised by their charter, by-laws and memorandum of association to enter into this Agreement with SkyTutor, may apply for membership. SkyTutor reserves the right to refuse any person’s application for membership or to terminate any person’s membership without explanation. Persons who do not meet the above qualifications must not use the services.

By indicating that you agree to and will comply with this Agreement, you represent that you understand its contents and have normal judgment to make the decision. If you do not agree to the Company’s rules, please do not register for or use the services. This Site may stop providing services to any member.