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Terms and conditions

Terms and Conditions

MyClaaz specializes in providing private learning experience via home tuition, video recording, live video conferencing and education-related services to tutors and parents/students. To help us serve you better, please take the time to review the following terms and conditions. By using MyClaaz services, you agree to these terms and conditions. MyClaaz reserves the right to alter the service agreement without any prior notice. If you disagree in part or in whole with any of the herein determined conditions of the Terms you must discontinue your access and use of the Website immediately.

1. DEFINITIONS

Some definitions are set and determined throughout this Agreement and are clearly noticeable placed between quotation marks. However other definitions require a precise and more elaborate definition for the better understanding of all users. Therefore:

“Platform” shall be the online tool which allows you to access and register on the Website or the Mobile Application, and to use the Services.

“Tutors” shall be those individuals or organizations, eligible in accordance with these terms, which guide students and teach them a subject in which they specialize in.

“Services” shall be those available on the website which allows Students and MyClaaz to connect or be matched using a unique know-how and algorithm proprietary of MyClaaz, possibly interact and engage between them for tutorship purposes.

“Sponsors” shall be the paid sponsors and advertisers which may from time to time appear on the Website, in strict compatibility to what is determined in this Agreement.

“Students” shall be those individuals, which are eligible in accordance with these terms, and are willing and looking to broaden they knowledge in a subject of their choice.

“Subject” shall be an Interest from the Student’s perspective, and a knowledge, methodology and/or academic proficiency on the Tutor’s side.

“User” shall be the individuals or organizations accessing and/or using the Website and interacting with the Platform regardless of them being Students or Tutors, which have sufficient authority to be bound to this Agreement, either as individuals or as representatives of public or private organizations.

2. MYCLAAZ SERVICES

Subject to User’s compliance with the terms and conditions of this Agreement, MyClaaz, by means of the Platform, allows users to interact between each other and offer or find courses imparted on a particular subject, where MyClaaz acts as a venue where learner are connected and/or introduced to potential service providers which are the Tutors, based on geographic and common Subject.

Users acknowledge that MyClaaz does not directly offer any authorized services, and that MyClaaz merely serves as a venue for students to be introduced to tutors, tutors which provide courses, notes, books, videos, mock examinations questions and impart knowledge to students, service for which the payment is to be agreed on by both the students and tutors. As a technological venue and by means of the platform users state that they understand that MyClaaz has no control over the actions, performance, final quality and fitness of both students and tutors or the courses, methodology, lessons or knowledge which may be imparted to them (altogether the “courses”. All liabilities arising out of the engagement, hiring process, final contracting and payment for such courses and any arising claims of problems, damages or other wrongdoing by tutors shall be directly transferred to them, and, as determined herein. No liabilities are accepted by MyClaaz to tutors arising out of lack of assistance, no-show events, lack of payment or unsuitability of any students.

3. TUTOR/LECTURER REGISTRATION

There is no content on the Platform meant specific for adults or any older audience, thus, the Platform is accessible to anyone. Even so, MyClaaz encourages parents to assist and observe their children’s activities online.

MyClaaz does not automatically accept all tutor/lecturer applicants. To open an account the Platform all Users must:

Be at least 18 years of age or older and have the authority to enter into this Agreement.

Be able to make an online payment by means of a credit card, debit card or be willing to make a cash payment whenever required as determined in the previous Section.

Have sufficient authority to enter into this Agreement for themselves or for the organization they may be representing.

Registration as tutor is open to all nationalities from any country as long as their country permits and they can accept payment by Malaysian bank’s cheque.

Commit to comply with the terms and conditions determined herein, and consent to be bound by the Terms.

4. TUTOR/LECTURER QUALIFICATIONS

Tutors are expected to provide accurate personal information at all times. MyClaaz will not tolerate tutors misleading clients with fake credentials or fake personal information. All posted content, whether publicly or privately transmitted, is the sole responsibility of the tutor. MyClaaz does not take responsibility for the origin of this content. At the point of registration, you have to be in possession of all the original copies of your qualifications as stated in your profile. You will need to present them to our company and the client at any time for verification purposes via your profile page where you need to upload the certificate (if any). Before your first tuition lesson with our client, you are required to submit your qualifications through the following methods: scan and email, fax, snail mail or hand-deliver to our coordinator. Failure to do so may result in the cancellation of your tuition assignment.

Additional to the eligibility requirements of the Section previous to this one, Tutors are expected to:

Have sufficient knowledge and capacity to impart such knowledge to the Students, in relation to the Subject and/or Course they promote, offer and/or impart.

In case of regulated Courses for which a special statute or methodology is to be followed in accordance with Tutor’s local law, Tutor warrant to be law abiding and have full license to impart the Course or to extend any promised titles or certificates when so promised to Student

Tutor need to upload a sample his/her teaching video so that students may carry their assessment on suitability. This is important to avoid complaint and dissatisfaction at the later stage.

For each and every notes or video uploaded by Tutor for sale, he/she need to describe the contents of the products in a clear manner and ‘What You Will Learn’ , hence there will no uncertainties elements before the student make the purchase.

In the of the tutor If the Tutor is an Organization:

Tutor shall be bound to declare being an organization at the time of registration and opening of an account on MyClaaz.

Organizations are obligated to make any applicable payments as a business and are strictly prohibited to declare or state being an individual to access the Platform and interact with Students as individual Tutors.

The organizations hereby authorize MyClaaz to charge their provided payment method on a monthly basis for use of the platform.

IN THE EVENT THAT MyClaaz BECOMES AWARE THAT AN ORGANIZATION IS USING THE PLATFORM AS AN INDIVIDUAL TUTOR INSTEAD OF REGISTERING AS A BUSINESS, MyClaaz SHALL BE FULLY AUTHORIZED TO CHARGE THE TUTOR RETROACTIVELY FOR ANY TIME THE ACCOUNT WAS USED BY SUCH ORGANIZATION, NOTWITHSTANDING THE FULL RIGHT OF MyClaaz TO SUSPEND AND/OR BAN THE BREACHING ACCOUNT UNTIL MyClaaz HAS FULLY RECOVERED ANY OWED AMOUNTS BY THE ORGANIZATION.

5. TUTOR AUTHENTICATION

MyClaaz will verify tutor documents in order to ensure that the level of qualification is directly aligned with the tuition fee requested by the tutor. Any tutor submitting false documentation will be turned over to the Malaysia Police Force.

6. NO ENDORSEMENT

Despite that Tutors are found on the Website, MyClaaz does not endorse, sponsor, represent, verify or warrant the accuracy, truthfulness and/or completeness of any information of the Tutors, or warranty of the quality of any Courses of the Tutors. The names, licenses, contact data, experience, academic studies, academic connections and other relevant information were disclosed by the Tutors at the time of their registering on the Platform and MyClaaz neither have any control over such disclosed information, nor could MyClaaz possibly scan and verify such information except for tutor’s identity card when uploaded.

7. TUTOR GUIDELINES

Utilize a syllabus to monitor changes and to update teaching subject regularly.

Physical contact with a student is not allowed.

If tuition is done in tutor’s place, proper guidance must be given during the first lesson.

Always deliver a full tuition session.

No verbal abuse is allowed.

No vulgarity is allowed.

Not to bypass MyClaaz platform for any classes with student, if found MyClaaz has absolute right to terminate the tutor’s profile and account.

Communicate regularly with parents (for children tuition) to keep them updated of progress.

8. CANCELLATION OF ASSIGNMENT BY TUTOR

Once the tuition assignment is confirmed (before the first lesson starts) and the payment has been made by student, the tutor cannot directly or indirectly cause the cancellation of the assignment or fail to show up. And if that happens, the tutor or teacher will be required to compensate our agency RM50 as administrative charges. If the tutor terminates the assignment within the first month after the first lesson has started, our company will retain 100% commission for the completed lessons.

9. ACCOUNT

Users must register to benefit from any of the provided Services. Once they do, they shall become account holders and shall be solely responsible for the safeguard of their username and password. In the event of disclosure of login information to third parties, either willingly or unwillingly, please immediately change your password and, if necessary, consider reporting such disclosure to us.

MyClaaz will terminate or disable any tutor who FAILS to make any transaction more than nine (9) months as we regard the tutor to be no longer interested to offer service or inactive.

MyClaaz WILL NEVER INQUIRE ABOUT YOUR LOGIN INFORMATION EITHER THROUGH EMAIL, PHONE OR ANY OTHER MESSAGING METHOD.

All activities coming from an account is construed to be performed by the registered User. SHARING ACCESS TO A USER ACCOUNT IS STRICTLY PROHIBITED.

OPENING AN ACCOUNT ON MyClaaz BY MEANS OF THE PLATFORM IS FREE FOR BOTH STUDENTS AND TUTORS, PROVIDED THEY ARE NOT ORGANIZATIONS WHICH ARE OBLIGATED TO PAY A MONTHLY FEE FOR USE OF THE PLATFORM AS A BUSINESS.

The management, inquiries, information, proposals, quotations and other interactions between users and accounts are not in any way controlled or supervised by MyClaaz, and both Students and Tutors are solely responsible for them.

10. PRICES, COMMISSIONS AND PAYMENTS

All prices and commissions percentages provided on the Platform are construed final at the time of their subscription. MyClaaz reserves all rights to change the prices, create promotions, bundles or any other activities which changes the amount of either prices or commissions, temporarily or permanently, as MyClaaz deems fit. If this changes the date, amount or other detail of any payment which is recurrent MyClaaz shall require User’s agreement to different charges to User’s reported payment method. All changes shall apply to future charges, and they shall never affect previous payments.

Users hereby authorize MyClaaz to make charges to their provided payment methods, pursuant to their purchase of a monthly or annual plan, or for any other purchases made from the website.

All payments are processed by a third party, engaged by MyClaaz for such purpose. When disclosing payment information, User warrants to MyClaaz that User owns or is authorized to use such payment method by any relevant party. Payment information is kept private. Users shall assume the payment of any applicable taxes when applicable.

Users shall be the party obliged to make any tax payments to the maximum extent permitted by law, and therefore Users authorize MyClaaz to make the charges corresponding to the payment or withholding of any taxes or fees imposed by the Malaysian law.

Users may cancel their accounts or their payments at any time, however refunds shall not be made, unless a specific case falls under Malaysian laws which obliges MyClaaz to make such refund.

11. COMMISSION AND PAYMENT

Commission refers to the amount MyClaaz charge tutor for a successfully matched tuition and teaching assignment.

For the commission, upon successful matching of tuition cases or any sold products, MyClaaz would take a cut of commission of 15% of the retail price and the balance will be paid on weekly or monthly basis for Malaysian tutors. Hence tutor must ensure the local account number that being provided by them to MyClaaz is correct at all times. MyClaaz will not be liable if the provided account number was wrong which may lead the money to be deposited to wrong beneficiaries.

Payment will be by the student or their parents prior to the class via our payment gateway and the money will be paid to the lecturer by way of bank transfer and that is only after each class has been completed successfully with verification by the student.

However, for a long term class, the parents may make a lump sump payment with discount from us and the tutor /lecturer will still be paid after each class.

As for the foreign tutor, payment will be made only after the accumulated amount (after 15 % deduction of MyClaaz portion) has reached MYR500 and above and will be made at the end of the month.

12. TUITION RATES AND PRODUCT PRICES

Actual tuition rates differ for each tutor, depending on several factors. The ranges of tuition rates listed on our site are to be used as a reference. However, the rates and prices are up to the tutor to decide based on your willingness. Our system will automatically deduct the rate by 15 % before the tutor payment. Hence the appeared rate will include the MyClaaz fee.

13. lOCATION OF TUTORING LESSONS

Tutors will conduct teaching at the student’s residence or place unless specified and agreed upon by both client and tutor.

14. RULES OF ACCEPTABLE USE

Users are to abide and comply with these Terms at all times, when accessing, visiting, interacting or merely navigating through the Website. Additionally, Users may not:

Breach the terms and conditions of this these Terms of Use.

Frame the Platform.

Mirror the Platform.

Attempt to make copies of, reproduce or otherwise clone the Platform, its contents, databases, trademarks and any other parts of it, unless authorized in writing by MyClaaz.

Try to upload or other form infest the server with virus, spyware, malware or any other harmful software.

Try to access MyClaaz Platform through a backdoor, creating one, or attempt to access as anything different than a user.

Place links to third party Platforms without proper written authorization by MyClaaz.

Enter any information which is untrue or is in other ways misleading and unauthorized.

Pretend, mislead to believe or impersonate a Tutor or Student.

Aid or assist a third party in any of the aforementioned prohibitions.

Breach of this Section will result in immediate suspension or even permanent ban or deletion of their User’s Account.

15. TRADEMARK AND INTELLECTUAL PROPERTY

All trademarks on the Platform are subject to copyright. All trademarks and logos of MyClaaz are registered to them or pending of registration. Users are not allowed to use the trademark without proper written authorization of MyClaaz. MyClaaz is also the owner or the licensee of all the content and their emerging intellectual property rights.

16. DISCLAIMER

MyClaaz is not responsible for disputes, loss, injury, liability for problems, unhappiness, that are a result of the tutor. MyClaaz will not act as an arbitrator for any disagreements that arise between tutor and client. MyClaaz reserves the right to terminate or deny services to any client or tutor at any time.

MyClaaz hereby disclaims and makes no warranties, representations, or conditions, whether written, oral, express, implied or statutory, including, without limitation, any implied warranties of satisfactory quality, suitability, trade usage or practice, merchantability, title, noninfringement, or fitness for a particular purpose, with respect to the use, misuse, or inability to use the services and/or the platform and the website and the information made available on any of the aforementioned, either in whole or tort or part. Additionally, MyClaaz does not warrant that the platform and services are in any way error-free or that they will be uninterrupted. In case any specific republic, country, state, province or region do not permit or limit any of the disclaimers of this section or the waiving of warranties, the aforementioned in this section may not apply to you, the user. In case that only party of the disclaimer or waiver does not apply to you due to legal limitation, the other parts of the disclaimers or waivers shall still apply to you in full.

No warranty is made by MyClaaz of any of the quotations, the quality of the services of tutors, payment of students, purpose or fitness of the acquired services, legality or regularity of any offered services, items or budget, which are displayed, available or accessible through the platform and the website. User shall assume all liability for damages as a result for a unsuitably, untrue, false, misleading, deceitful or wrong description of services, products, student information or any other related data or statements.

17. LIMITATION OF LIABILITY

MyClaaz shall not be liable in the event of any occurrence which results in any special, direct, incidental, indirect or consequential damages, including for any lost profits or lost data, or of the performance of any performed services hired through the platform, that result from the normal use or the inability to use this platform or the conduct of other platform users (whether online or offline) or any content therein, even if MyClaaz has been advised of the possibility of such damages. The user assumes total responsibility and absorbs all liability for using the platform.

The only remedy of MyClaaz to any user for use of the platform or any content is to stop using the platform, the ability to close their accounts and delete their information. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. The cumulative liability of MyClaaz arising out of or in any way connected to these terms shall not be more of any amount paid to MyClaaz by such user.

The last paragraph may not apply to you if in your state or country such limitation of liability is not permitted by law.

Furthermore, client states to use the platform, send services requests, approve of quotations and further engaging with the service providers at their own sole risk.

18. INDEMNIFICATION

User hereby agrees to keep MyClaaz indemnified and hold MyClaaz harmless from and against all claims of loss and/or damage in case of wrongful or inexpert use of the Platform. Also, both Tutors and Students shall keep MyClaaz relieved, indemnified and free of any claims from other User’s if the Platform for any direct or indirect damages, resulting from disputes or problems which occurred during the performance of the Services. MyClaaz waives all liabilitIies of non-authorized use of the Platform or registration of Children without the explicit consent of their Parents or Guardians

19. FORCE MAJURE

Any delay in the performance of any duties or obligations of MyClaaz, except the common obligations on the Client’s part, such as the payment of any performed services, shall not be considered a breach of this Agreement, provided that such delay is caused by shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as possible. USER NOT PAYING PERIODICAL OR ONE-TIME CHARGES DUE TO FORCE MAJURE EVENTS ARE NOT CONSTRUED TO BE FORCE MAJURE EVENTS FOR THEMSELVES. IN SUCH EVENT THE PAID PRIVILEGES OR SERVICES MAY BE SUSPENDED UNTIL THE PAYMENT IS FULFILLED.

20. REVISION TO THIS AGREEMENT

MyClaaz reserves the right to revise the terms and conditions of this Agreement, to make changes to it or to the Services, layout and other relevant parts of the Website. Changes to this Agreement shall be posted in this section of the Website, and an e-mail warning of the upload to such section shall be sent to the User’s email address. Even so, MyClaaz strongly recommends all Users to visit this part of the Website which contains the Terms of Use periodically. In case that a User should not agree with any changes made to the terms and conditions of this Agreement, such User’s sole remedy shall be to discontinue his/her access to the Platform and close and/or delete their accounts. The continued use and access of the services shall be deemed as acceptance of User of the announced amendments, revisions or changes to this Agreement. In the event to changes to our Cookies and Privacy Policies User must affirmatively show consent to such changes, and shall be prompted to do so on the Website after login in to User’s account