MYHKTUTORS.COM – ANNINA LTD. TERMS OF SERVICE

Please carefully review this document as it contains vital information about your usage of My Hong Kong Tutors, including legal rights, obligations, liabilities, and limitations. If you disagree with any provision of these Terms, please refrain from using My Hong Kong Tutors.

 1. GENERAL INFORMATION

1.1. These My Hong Kong Tutors Terms of Service (the “Terms”) govern access and use of the online platform My Hong Kong Tutors, accessible through https://myhktutors.com, and its related services (collectively, “My Hong Kong Tutors”. “MyHKTutors”) by individual users or business entities (referred to as “User,” “you,” or “your”). The Terms establish a legally binding agreement between the User and the operator of My Hong Kong Tutors, Annina Ltd., with a registered business address at Unit 915, 9/F Tower B New Mandarin Plaza 14 Science Museum Rd Tst East Kl, Hong Kong (“we,” “us,” or “our”).

1.2. About My Hong Kong Tutors: My Hong Kong Tutors is an online platform facilitating the search, booking, and communication with tutors globally. Two user categories exist: (i) Students, comprising students, parents, and legal guardians seeking tutors collectively referred to as “Students,” and (ii) Tutors providing assistance or tutelage in specific subjects or skills (“Tutors”).

1.3. Third Parties: These Terms apply solely to your use of My Hong Kong Tutors. We are not responsible for acts and omissions of third parties, the quality of services provided by them, content uploaded by Users or third parties on My Hong Kong Tutors, and security/privacy practices of third-party websites, applications, and services linked from My Hong Kong Tutors.

1.4. License to use My Hong Kong Tutors: A personal, revocable, non-exclusive, non-transferable, and limited license is granted to you for using My Hong Kong Tutors, subject to these Terms.

1.5. Minors: For users under the age of 18, parental or legal guardian consent is mandatory for account registration and platform usage. Parents or legal guardians are required to sign up on behalf of minors and assume responsibility for their activities on the platform.

1.6. Disclaimer: While we regularly monitor information on My Hong Kong Tutors, we do not guarantee its truthfulness, reliability, currency, relevance, or completeness. We are not responsible for the correctness, legality, or suitability of User-provided content.

1.7. Support: Reach out for customer or technical support via email at [[email protected]](mailto:[email protected]). You can also make use of the contact form or chat functionality available on our website. We will respond within 5 business days.

1.8. Privacy: We prioritize privacy rights and comply with data protection laws. Review our Privacy Policy and cookie policy before using My Hong Kong Tutors.

2. THE ACCOUNT

2.1. Account Types: To access My Hong Kong Tutors fully, create a user account (“Account”). Two Account types exist:

   – Student Account: for Students to create profiles, post job notices, search and communicate with Tutors and make payments.

   – Tutor Account: for Tutors to create and maintain profiles, access to job listings, search and communicate with Students, and make payments.

2.2. Registration: Register your Account by providing requested information, accepting these Terms, and reviewing the Privacy Policy. Registering indicates agreement with these documents. We may refuse Account registration at our discretion. By registering, you warrant:

   – Compliance with Terms and laws

   – Providing true, accurate, complete, and up-to-date information

   – Human registration (automation not allowed)

   – Single Account registration

   – Having necessary authorization to create the Account

   – Sole responsibility for Account information and activities.

2.4. Account Security: Maintain login security, monitor Account activities, and notify us of unauthorized use. We are not liable for losses due to security lapses.

2.5. Authorization: Individuals acting for entities confirm authority to bind the entity to these Terms. Entities must obtain necessary authorizations, licenses, and registrations for listed services on MyHKTutors.com.

2.6. Account Deletion: Delete the Account through “Settings” or by contacting us. Terms terminate upon deletion.

2.7. Suspension and Termination: We may suspend, disable, or delete your Account for violating Terms or damaging our reputation. Account deletion is permanent.

3. USER-GENERATED CONTENT

3.1. Submission: Submit various content, collectively termed “User-Generated Content” (e.g., profiles, messages, documents). Do not violate Terms or laws.

3.1.1. Credentials: Upload educational documents privately. We may check Credentials during Schools and Institutions applications.

3.2. Content Ownership: You own User-Generated Content. You are responsible for its accuracy, legality, and compliance with Terms. We may refuse or remove objectionable content.

3.3. Usage Rights: Grant us rights to use, distribute, adapt, display, and reproduce User-Generated Content for My Hong Kong Tutors services.

3.4. Content Review: We may review and refuse/remove User-Generated Content violating Terms or policies.

3.5. Communication Content: We do not control or have knowledge of direct User communications. Users are responsible for content transmitted. No content violating Terms may be submitted.

3.6. Backup Responsibility: You are solely responsible for backup copies of User-Generated Content.

3.7. Endorsement Disclaimer: We do not imply endorsement of User-Generated Content and disclaim responsibility for accuracy, usefulness, or harmlessness.

4. FEES AND PAYMENTS

4.1. Service Fees: Some My Hong Kong Tutors services incur Fees (subscription basis for Premium Users && Schools and Institutions Job placement Fees for Tutors). Fee details, including applicable taxes, are available on the platform. Fees are charged monthly, quarterly or annually, automatically, unless cancelled by the User.

4.2. Payment: Payments are processed by third-party payment processor Airwallex. Ensure correct payment information and fund availability. We are not liable for payment issues.

4.3. Free Trials: We may offer Trial Periods with no or reduced Fees. Trials are for unsubscribed Users, cannot be combined with other offers, and may lead to account suspension if misused.

4.4. Contract Conclusion: Conclude a service contract by registering, choosing a subscription plan, and providing payment information. No specific contract details will be filed, but users can consult their Account for information.

4.5. Fee Cancellation: Users can cancel subscription plans at any time through the Account or by contacting us directly. No Fees are refunded after cancellation.

4.6. Right of Withdrawal: Consumers have 14 days to withdraw from the service contract, subject to certain conditions. Withdrawal requests must be emailed to [[email protected]](mailto:[email protected]). Refunds may be subject to usage proportionality.

5. SERVICE CONTRACTS BETWEEN TUTORS AND STUDENTS

5.1. Platform Role: My Hong Kong Tutors facilitates communication between Tutors and Students, supporting the formation of Service Contracts. We do not intervene in contract negotiations.

5.2. Contract Formation: Entering Service Contracts is at the discretion of Tutors and Students. We are not party to Service Contracts, and their formation does not establish any relationship between the Contractors and us.

5.3. Service Purchase: Students acknowledge purchasing services directly from Tutors. Tutors are solely responsible for delivering services and receiving payments. Contact Tutors for Service Contract details.

6. MISCELLANEOUS

6.1. Entire Agreement: These Terms constitute the entire agreement between you and MyHKTutors.com, governing your use of MyHKTutors.com and superseding any prior agreements between you and MyHKTutors.com. Any additional or conflicting terms proposed by you in relation to MyHKTutors.com are expressly rejected.

6.2. No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms will continue to be enforceable.

6.3. Force Majeure: Neither party shall be liable for any failure to perform its obligations where such failure is as a result of acts of nature, war, terrorism, governmental action, natural disaster, or any other cause beyond the control of the party, provided that the affected party promptly notifies the other of the force majeure event and uses commercially reasonable efforts to resume performance.

6.4. Survival: Sections 9 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law and Dispute Resolution), 17 (Term and Termination), and 6 (Miscellaneous) shall survive any termination or expiration of these Terms.

6.5. Intellectual Property: All intellectual property rights in and to My Hong Kong Tutors and the content made available through My Hong Kong Tutors are owned by MyHKTutors.com or its licensors. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our platform.

6.6. Independent Contractors: The relationship between you and MyHKTutors is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties.

6.7. No Third-Party Beneficiaries: These Terms are not intended to confer any rights or remedies upon any third party.

6.8. Language: These Terms may be translated into languages other than English for convenience. In the event of any conflict or inconsistency between the English version and a translated version, the English version shall prevail.

6.9. Amendments: These Terms may be amended only in writing and signed by both parties.

6.10. Electronic Communication: By using MyHKTutors, you agree to receive electronic communications from MyHKTutors, including but not limited to emails, notices, and messages. You agree that all agreements, notices, disclosures, and other communications provided by MyHKTutors electronically satisfy any legal requirement that such communications be in writing.

Thank you for taking the time to review the Terms and Conditions of MyHKTutors. We value your commitment to maintaining a positive and respectful online environment within our platform.

Effective date: 21st November 2023

*** ANNINA LTD ***