Terms and Conditions
Welcome to Easylore!
Please read the following Terms & Conditions (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. These Terms govern your access to and use of our website www.easylore.com and all associated services (collectively referred to as the “EL Platform”).
In these Terms, “EL”, “we”, “our” and “us” refers to Easylore and “you” and “your” refers to any person who accesses and uses the EL Platform.
- 1 Definitions
- “Easylore” refers to the business name through which Kailash APAC Pte Ltd operates the EL Platform.
- “EL Account” refers to such account, which you may have with us for the purposes of accessing or using the EL Platform.
- “Intellectual Property Rights” means any and all rights existing from time to time, whether existing now or in the future, under any trademark law, copyright law, patent law, trade secret law and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, or capable of protection in any relevant country in the world.
- “Kailash” refers to Kailash APAC Pte. Ltd (UEN No. 201909663Z), a company incorporated in Singapore and having its registered office at 19 Cecil Street #04-01, The Quadrant at Cecil, Singapore 049704.
- “Login Credentials” means the EL Account username, EL Account password, and/or any other mechanisms or means that may be used to access your EL Account.
- “Listing” refers to the publishing of Tutor information and services on the EL Platform.
- “Members” refers to Learners and Tutors.
- “Minor” refers to a person below the age of 18.
- “Payment Method” means a financial instrument that you have added to your EL Account, including but not limited to a credit card or debit card.
- “Payment Services” refers to any and all payment processing services through or in connection with your use of the EL Platform.
- “Payout” means a payment initiated by us to a Tutor in connection with the EL Platform, including for the portion of fees collected by EL due to the Tutor in respect of lessons provided by the Tutor through the EL Platform.
- “Payout Method” means a financial instrument that you have added to your EL Account, including but not limited to a direct deposit, a prepaid card, or a debit card (where available).
- “SGD” means the lawful currency of the Republic of Singapore.
- “Learner” refers to any person who registers an EL Account to book tuition services through the EL Platform.
- “Tax” means any tax, levy, impost, duty or other charge or withholding of a similar nature (including any penalty or interest payable in connection with any failure to pay or any delay in paying any of the same).
- “Tax Deduction” means a deduction or withholding for or on account of Tax from a payment under these Terms.
- “Terms” refers to these Terms & Conditions and any subsequent modifications or amendments.
- “Tutor” refers to any person who registers an EL Account to offer tuition services through the EL Platform.
- 2 General
- 2.1 By accessing, browsing or using the EL Platform, you accept and agree to be bound by these Terms and any other document, terms or conditions that form part of the same, as may be updated, amended, supplemented or modified from time to time. If you do not agree to these Terms, you are not authorized to access or use the EL Platform, and you are to cease accessing or otherwise using the EL Platform.
- 3 Scope of EL Platform
- 3.1 The EL Platform provides the opportunity for Members to connect and forge relationships, connecting supply and demand.
- 3.2 The EL Platform provides you with easy access to tuition services that can cater to your individual needs. When accessing or using the EL Platform, you will be able to choose tuition services based on the category, day, time, location of the lesson, grade/level, type of lessons (e.g. online, single or group) and whether special needs attention is required.
- 3.3 If you are interested in booking a lesson, you will have to register for an EL Account. Each Tutor will make the Tutor’s calendar available online and the interested Learner can book directly through the EL Platform. If the booking is successful, the Learner will automatically receive an e-mail confirmation.
- 3.4 If a Learner wishes to ask the Tutor a question before confirming a booking, the Learner can do so by sending the Tutor a message through the EL Platform. This message option is available on the Tutor’s profile page on the EL Platform.
- 4 Eligibility
In order to access and use the EL Platform, you hereby represent and warrant that you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Terms and you are either:
- a. accessing and using the EL Platform and contracting in your own personal capacity; or
- b. contracting as a parent or guardian of a child who is less than 18 years old and who is accessing and using the EL Platform, in which event you agree as his/her parent or guardian, both in your personal capacity and on behalf of your child, to be bound by these Terms and to be liable for your child’s acts and omissions while accessing and using the EL Platform, and you also agree to ensure that your child observes these Terms.
- 5.1 In order to access or use certain features of the EL Platform, you must register for an EL Account.
- 5.2You can register for an EL Account as a Learner using your email address, or through your account with certain third-party social networking services, such as Facebook.
- 5.3You can register for an EL Account as a Tutor using your email address.
- 5.4You must provide accurate, current and complete information when registering for an EL Account and keep your EL Account profile page information up to date at all times.
- 5.5You agree and acknowledge that you will only obtain and maintain a maximum of one (1) Tutor EL Account and one (1) Learner EL Account. You may not assign or otherwise transfer your EL Account to another party.
- 5.6You hereby agree that you shall not, and that you shall not permit any other person to:
- a.access, log into or use any EL Account that is not yours, or which you are not validly authorized to access, log into or use; or
- b.solicit Login Credentials or Personal Data from any Member for purposes of accessing or using the EL Platform.
- 5.7You hereby acknowledge and agree that:
- a.you are solely responsible for maintaining the confidentiality, safekeeping and security of your EL Account and Login Credentials;
- b.you may not disclose your Login Credentials to any third-party;
- c.you shall immediately notify us if you know or have any reason to suspect that your EL Account or Login Credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your EL Account;
- d.you will be solely liable and responsible for any activities conducted through, or purported to be conducted through, your EL Account;
- e.any: (1) access to or use of, or purported access to or use of, the EL Platform; and/or (2) information, data, instructions or communications, whether or not authorized by you, referable to your Login Credentials shall, as the case may be, be deemed to be: (a) access to or use of the EL Platform by you; and/or (b) information, data, instructions or communications transmitted and validly issued by you; and
- f.you shall be responsible for any: (1) access to or use of, or purported access to or use of, the EL Platform; and/or (2) information, data, instructions or communications, whether or not authorized by you, referable to your Login Credentials, and you agree that we shall be entitled (but not obliged to) act upon, rely on and/or hold you solely responsible and liable in respect thereof, as if the same were carried out, transmitted or issued by you.
6 Payment Terms
Scope and use of the Payment Service
- 6.1 Members may access and use the Payment Services available on the EL Platform, including but not limited to payment collection services, payments, and Pay-outs.
- 6.2 Your access to or use of certain Payment Services may be subject to or require you to accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
- 6.3 We may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
- 6.4 In order to use the Payment Services, you must have an EL Account in good standing. If your EL Account is terminated for any reason, you will no longer be able to use the Payment Services.
- 6.5 When you add a Payment Method or Pay-out Method to your EL Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information to us.
- 6.6 You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is always your obligation to keep your Payment Method and Payout Method up to date. The information required for Payout Methods will depend on the particular Payout Method and may include your residential address, name on the account, account type, account number, email address, identification number, swift code and account information associated with a particular payment processor.
- 6.7We may, and retain the right to, initiate refunds of any amounts from your Payout Method.
- 6.8 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services, and we shall not be responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
- 6.9 You authorize us to store your Payment Method information and charge your Payment Method as outlined in this clause 6 (Payment Terms).
- 6.10 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. We will not be responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
- 6.11 You authorize us to charge your Payment Method the Total Fees for any booking requested in connection with your EL Account.
- 6.12 We will collect the Total Fees from the Learner after the Learner submits a booking request on the EL Platform.
- 6.13 Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.
- 6.14 In order to receive a Payout, you must have a valid Payout Method linked to your EL Account.
- 6.15 All moneys collected by us in a month, shall within seven (7) days of the next month, be applied in or towards payment of the commission of 20% of the Total Fee, and the remaining moneys shall, through the Tutor’s Payout Method, be paid to the Tutor.
- 6.16 The time it takes to receive Payouts once released by us may depend upon the Payout Method the Tutor selects and the Payout Method provider’s processing schedule. We may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
- 6.17 Each Member collecting payment for services provided via the EL Platform (“Providing Member”) hereby appoints us as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).
- 6.18 Each Providing Member agrees that payment made by a Purchasing Member through us, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that we may refund the Purchasing Member in accordance with these Terms. Each Providing Member understands that our obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. In accepting appointment as the limited payment collection agent of the Providing Member, we assume no liability for any acts or omissions of the Providing Member.
- 6.19 SGD is the currency of any payment for any sum due from a Member under these Terms.
- 6.20 If the payment for any sum due from a Member under these Terms was incurred in a currency other than SGD, the amount payable under these Terms shall be the SGD equivalent of the relevant amount in such other currency on the date on which it was incurred.
- 6.21 Each Member shall make all payments to be made by him/her without any Tax Deduction, unless a Tax Deduction is required by law.
- 6.22 Each Member shall promptly upon becoming aware that it must make a Tax Deduction (or that there is any change in the rate or the basis of a Tax Deduction) notify us accordingly.
- 6.23 If a Tax Deduction is required by law to be made by a Member, the amount of the payment due from that Member shall be increased to an amount which (after making any Tax Deduction) leaves an amount equal to the payment which would have been due if no Tax Deduction had been required.
- 6.24 If a Member is required to make a Tax Deduction, that Member shall make that Tax Deduction and any payment required in connection with that Tax Deduction within the time allowed by law.
- 6.25 Within 30 days of making either a Tax Deduction or any payment required in connection with that Tax Deduction, the Member making that Tax Deduction shall deliver to us evidence satisfactory to us that the Tax Deduction has been made or (as applicable) any appropriate payment paid to the relevant taxing authority.
- 6.26 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
- 6.27 Notwithstanding our appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the EL Platform, we explicitly disclaim all liability for any act or omission of any Member or other third party. We do not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable laws, expressly excluded.
- 6.28 If we choose to conduct identity verification on any Member, to the extent permitted by applicable laws, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
- 6.29 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
Payment Methods and Payout Methods
Payment Terms for Learners
Payment Terms for Tutors
Appointment of EL as Limited Payment Collection Agent
Tax Gross Up
- 7 Reservation of Rights
- 7.1 We reserve the right to change these Terms at our sole discretion and at any time, by posting the revised or modified Terms on the EL Platform, or through such other means as we may deem appropriate. Your continued access or use of the EL Platform following the posting of any changes or modifications will constitute your acceptance of such changes, modifications, supplements and of such revised or modified Terms.
- 7.2 We reserve the right to:
- a. update, enhance, upgrade, reduce, or otherwise modify or vary the EL Platform and/or Payment Services, or any part thereof, at any time, for any reason, with or without notice to you. You acknowledge and agree that these Terms will apply to all such modifications, upgrades, enhancements, reductions and/or variations to the EL Platform and/or Payment Services.
- b. suspend access to or use of the EL Platform and/or Payment Services, or any part thereof, during times of maintenance (whether scheduled or unscheduled), without notice or liability to you whatsoever.
- c. deny or restrict access to or use of the EL Platform and/or Payment Services, or any part thereof, to you without ascribing any reasons and without liability to you whatsoever; and
- d. discontinue or terminate the EL Platform and/or Payment Services, or any part thereof, at any time without notice or liability to you whatsoever, whereupon all rights granted to you hereunder shall also terminate forthwith.
- 7.3 Without limiting the generality of the foregoing, in the event that your access or use of the EL Platform is in breach of these Terms or any applicable laws, we have the right to immediately disable your Login Credentials and/or terminate your EL Account and your access or use of the EL Platform without notice and to take all such action as we consider appropriate, desirable or necessary.
- 8 Indemnification
- You hereby agree to indemnify, hold harmless and defend EL, and their respective affiliates, officers, directors, agents, partners, employees, licensors and representatives from any claims, damages, losses, liabilities, and all costs and expenses, including but not limited to, legal fees, resulting directly or indirectly from a claim that arises in connection with your use of the EL Platform and/or Payment Services. Notwithstanding the indemnification given by you, EL shall have the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
- 9 Limitation of Liability
- 9.1 As the provider of the EL Platform, EL shall not be responsible nor held liable for any false declaration, misconduct or inappropriate language made by Members.
- 9.2 You acknowledge that we are under no obligation, nor are we able to, verify the authenticity of any transactions and activities conducted through your EL Account, or the identity of the person logging into and using your EL Account and you agree that EL shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof, as if the same were conducted by you. You agree that you will not hold EL responsible or liable, in any way whatsoever, for losses, costs, expenses or damages suffered or incurred by you or any third party if there is any unauthorized use of your EL Account.
- 9.3 When Members make or accept a booking, they are entering into a contract directly with each other. EL will not become a party to that contract, nor does it enter in any contractual relationship between the Members. EL will not be acting as an agent in any capacity for any Member, except as specified in these Terms.
- 9.4 EL has no control over and does not guarantee the truth and accuracy of any information provided by any Member. Any reference to a Tutor being “verified” (or similar language) only indicates that the Tutor has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by EL about any Tutor.
- 9.5 If any conflict, disagreement or dispute arises between, among, or involving any of the Members concerning any matter relating to the EL Platform, EL shall be under no obligation to investigate or facilitate the resolution of such conflict, disagreement, or dispute between any of the Members, and shall sustain no liability for its failure to act.
- 9.6 If you choose to use the EL Platform, your relationship with EL is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of EL for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of EL. EL does not, and shall not be deemed to, direct or control you generally or in your performance of these Terms specifically.
- 9.7 We will always use our best efforts to keep the EL Platform accessible and while we will use our best efforts, we cannot guarantee that the EL Platform will always be fully or partially operational. You agree that we will not be responsible for any losses that may arise from the inability to access the EL Platform.
- 9.8 In no event shall EL, their affiliates, officers, directors, agents, partners, employees, licensors and/or representatives be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute services) arising out of the use, inability to use, unauthorized access to or use or misuse of the EL Platform, the content or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if EL (as the case may be) has been advised of the possibility of such damages or losses.
- 9.10 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the EL Platform and the Payment Services remains with you. If you permit or authorize another person to use your EL Account in any way, you are responsible for the actions taken by that person. Neither EL nor any other party involved in creating, producing, or delivering the EL Platform or the Payment Services will be liable for any losses or damages, including incidental, special, exemplary, or consequential damages, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the EL Platform or the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the EL Platform or the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not EL has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligation to pay amounts to applicable Providing Members pursuant these Terms, in no event will our aggregate liability arising out of or in connection with these Terms and your use of the EL Platform and the Payment Services including, but not limited to, from your inability to use the EL Platform or the Payment Services, exceed the amounts you have paid or owe for bookings via the EL Platform as a Learner in the three (3) month period prior to the event giving rise to the liability, or if you are a Tutor, the amounts paid by us to you in the three (3) month period prior to the event giving rise to the liability, or one hundred (SGD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between EL and you. This does not affect our liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
- 10 Content
- 10.1 EL may enable Tutors to (i) create, upload, post, send, receive and store content, such as text, photos, videos, curriculum, syllabus or other materials and information on the EL Platform (“Tutor Content“); and (ii) access and view Tutor Content and any content that EL itself makes available on or through the EL Platform, including proprietary EL content and any content licensed or authorized for use by or through EL from a third party (“EL Content” and together with “Tutor Content“, “Collective Content“).
- 10.3 Tutors are solely responsible for any Tutor Content that they provide or make available on or through the EL Platform, including compliance with applicable laws, rules and regulations.
- 10.4 We shall not be held responsible or liable for the Tutor Content provided or made available on or through the EL Platform by Tutors. With respect to such Tutor Content provided or made available on or through the EL Platform by Tutors, the EL Platform acts as a passive conduit for such distribution and we shall not be held responsible for such Tutor Content. Any Tutor Content, opinions, advice, statements, services, offers, or other information in the content provided or made available on or through the EL Platform by Tutors are those of the respective Tutors and not of EL. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any Tutor Content provided or made available on or through the EL Platform by Tutors. EL shall not be held responsible for any breach of any contractual obligation or infringement of any third-party rights.
- 11 Terms Specific to Tutors
- 11.1 When creating a Listing through the EL Platform, the Tutor must provide complete and accurate information about the Tutor’s expertise, location, calendar availability, and provide any other pertinent information requested by EL (“Listing Information”). The Tutor is responsible for keeping the Tutor’s Listing Information up to date at all times.
- 11.2 The Tutor is solely responsible for setting a price for the Tutor’s Listing (“Listing Fee”). Once a Learner requests a booking of the Tutor’s Listing, the Tutor may not request that the Learner pays a higher price from such Listing Fee.
- 11.3 Any terms and conditions included in the Tutor’s Listing, in particular in relation to cancellations, must not conflict with these Terms.
- 11.4 When the Tutor accepts a booking by a Learner, the Tutor is entering into a legally binding agreement with the Learner and is required to provide the Tutor’s services to the Learner as described in the Tutor’s Listing when the booking request is made.
- 11.5 EL shall make Payouts to the Tutor in accordance with these Terms.
- 11.6 All Tutors shall undergo a verification process, which will confirm the Tutors’ identity and educational credentials.
- a. copies of the diplomas or certificates that you have attained, to verify your educational credentials.
- b. copies of your passport or national registration identity card, as permitted by applicable laws, to verify your identity.
- c. your curriculum vitae; and
- d. any other document or information requested by EL.
- 11.7 The Tutor must upload all required documents on the Tutor’s profile in the EL Platform.
- 11.8 We do not control and shall not be responsible or liable for any information provided by any Tutor on the Tutor’s profile on the EL Platform.
- 12 Terms Specific to Learners
- 12.1 Learners shall be able to book a Listing available on the EL Platform by following the relevant booking process.
- 12.2 All applicable fees, including but not limited to the Listing Fee (“Total Fee”) will be presented to the Learner prior to booking a Listing.
- 12.3 The Learner agrees to pay the Total Fee for any booking requested in connection with the Learner’s EL Account through the Learner’s Payment Method in accordance with these Terms.
- 12.4 Upon receipt of a booking confirmation from EL, subject to these Terms, a legally binding agreement is formed between the Learner and the Tutor.
- 12.5 If you are booking for a Learner who is a Minor, you represent and warrant that you are legally authorized to act on behalf of the Minor.
- Members shall not, without EL’s prior written consent, directly or indirectly, solicit or entice or attempt to solicit or entice any Member to enter into any arrangements, agreements, or contracts for the provision of lessons outside the EL Platform.
- 14.1 A cookie is a small data file that we store on your browser or the hard drive of your computer, laptop or mobile device.
- 15 Feedback
- 15.1 We welcome and encourage Learners to provide feedback on Tutors (“Feedback”). Learners may provide their Feedback through the EL Platform’s automatic feedback and rating system (“Feedback System”). Any Feedback submitted to us by the Learner will be considered non-confidential and non-proprietary to the Learner. By submitting Feedback to us, the Learner grants us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to the Learner.
- 15.2 Feedback provided by the Learner must be accurate and shall not contain any offensive or defamatory language.
- 15.3 Feedback provided by the Learner reflects the opinion of that Learner and do not reflect the opinion of EL.
- 15.4 EL will not censor Feedback provided by a Learner unless the Feedback is abusive against the Tutor.
- 15.5 The Learner shall be held legally responsible for damages suffered by a Tutor or any third party if a court finds the Feedback provided by the Learner to be legally actionable or defamatory.
- 15.6 EL is not legally responsible for any Feedback made available on the EL Platform by any Learner or third parties, even if that information is defamatory or otherwise legally actionable.
- 15.7 You agree to report violations or abuses of our Feedback System immediately by contacting contact@Easylore.com
- 16 Notifications
- 16.1 You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing.
- 16.2 You will be deemed to have received a communication when we send it to the email address that you have provided to EL or when we post such communication on the EL Platform.
- 16.3 You should keep your email address updated and you should regularly check the EL Platform for postings.
- 16.4 If you fail to respond to an email message from EL regarding a violation, dispute or complaint within 48 hours, we will have the right to terminate or suspend your EL account immediately.
- 16.5 All notices to EL intended to have a legal effect concerning these Terms must be in writing and delivered to:
- Kailash APAC Pte Ltd
19 Cecil Street #04-01
The Quadrant at Cecil
- Kailash APAC Pte Ltd
- 16.6 To stop receiving specific communications from EL, please submit a notification to us in order to change the types and frequency of such communications at email@example.com
- 17 Termination
- 17.1 You agree that we have the right in our sole and absolute discretion and without notice to:
- a. restrict, suspend or terminate your EL Account and/or your access to and use of the EL Platform, without assigning any reason; and
- b. delete and ban access of Members to all information and files on the EL Platform.
- 17.2 EL shall not be liable to you for any termination or suspension of your access to and use of the EL Platform.
- 17.3 If your EL Account is found to be inactive for more than six (6) months following the last activity on the EL Platform, your EL Account will be considered expired and will be terminated.
- 17.5 Even after your right to use the EL Platform is terminated or suspended, these Terms will remain enforceable against you.
- 17.1 You agree that we have the right in our sole and absolute discretion and without notice to:
- 18 Cancellation and Refund
- 18.1 If a Learner notifies the Tutor in writing at least twenty-four (24) hours in advance before cancelling a confirmed booking, the Tutor may reschedule the booking according to the Tutor’s availability. If the Tutor is not able to reschedule the booking, the Learner will be entitled to receive a full refund of all amounts paid in respect of that booking.
- 18.2 If a Learner notifies the Tutor in writing less than twenty-four (24) hours in advance before cancelling a confirmed booking, the Learner will not be entitled to receive any refund of any amounts paid, unless the Tutor agrees otherwise.
- 18.3 If a Tutor notifies the Learner in writing at least twenty-four (24) hours in advance before cancelling a confirmed booking, the Tutor shall reschedule the booking according to the Tutor’s availability. If the Tutor does not reschedule the booking, the Learner will be entitled to receive a full refund of all amounts paid in respect of that booking.
- 18.4 If a Tutor notifies the Learner in writing less than twenty-four (24) hours in advance before cancelling a confirmed booking, the Learner may ask for a full refund of all amounts paid in respect of that booking, or reschedule another booking with the Tutor to replace the cancelled booking.
- 19 Intellectual Property
- 19.1 You acknowledge that we own all title, rights and interest, including Intellectual Property Rights, in and to the EL Platform, including without limitation any software therein, and any EL Content made available or accessible through the EL Platform. You shall not do or permit any act which is directly or indirectly likely to prejudice our title, rights and interest, including Intellectual Property Rights. Unless otherwise expressly permitted by mandatory applicable law, you agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the EL Platform and/or any EL Content.
- 19.2 You agree that if you infringe or are charged with infringing the title, rights and interest, including Intellectual Property Rights, in and to the EL Platform, including without limitation any software therein, and any EL Content made available or accessible through the EL Platform (“Infringements”), we may, at our sole discretion, terminate your EL Account and/or your access to the EL Platform.
- 19.3 We reserve the right to investigate notices of Infringements and take appropriate action. If you want to report an Infringement, please notify us in writing immediately in the form and containing the information as follows:
- Notice of Alleged Infringement
- a. Identify the specific title, rights and interest, including Intellectual Property Rights that you claim have been infringed.
- b. Identify the material that you claim is infringing on your title, rights and interest, including Intellectual Property Rights.
- c. Provide reasonably sufficient information to enable us to locate the material. At a minimum, if applicable, the URL of the link shown on the website where such material may be found.
- d. Provide your mailing address, telephone number, and, if available, email address.
- e. Provide your full legal name and your electronic or physical signature.
- 19.4 All Notices of Alleged infringement shall be sent to us addressed as follows:
- Kailash APAC Pte Ltd
19 Cecil Street #04-01
The Quadrant at Cecil
- Kailash APAC Pte Ltd
- Upon receipt of a Notice of Alleged Infringement, EL will take any action in its sole and absolute discretion it deems appropriate.
- 20 Disputes between Tutors and Learners
- Any disputes between a Tutor and a Learner shall be taken up with each other directly. EL may, but shall not be obliged to, upon the request of the parties to the dispute, provide assistance to resolve the dispute. Any refunds pursuant to a dispute shall be at the sole discretion of EL, subject to such administrative and processing fees as EL may deduct from the refund amount, and subject to the express agreement and instructions of all parties to the dispute. EL shall have no liability arising from or in connection with any disputes between a Tutor and a Learner, including any assistance provided in relation to such disputes and any refunds provided pursuant to such disputes.
- 21 Governing Law and Dispute Resolution
- These Terms and the access and use of the EL Platform shall be governed and construed in accordance with laws of Singapore. Any dispute, action, claim or cause of action arising out of or in connection with these Terms or the access to or use of the EL Platform, including any question regarding the existence, validity or termination of these Terms, whether between EL and a Tutor, EL and a Learner or a Tutor and a Learner, shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If the parties are unable to agree on the Arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. The parties may also choose a mode of alternative dispute resolution such as the Small Claims Tribunal and/or Singapore Mediation Centre, subject to their respective rules and guidelines.