THE COMPANY IS A TECHNOLOGY AND SERVICES COMPANY THAT DOES NOT PROVIDE TUITION SERVICES AND THE COMPANY IS NOT A TUITION PROVIDER. IT IS UP TO THE THIRD PARTY TUTORS TO OFFER TUITION SERVICES TO THE CLIENT AND IT IS UP TO THE CLIENT TO ACCEPT SUCH TUITION SERVICES. THE SERVICE OF THE COMPANY IS TO LINK THE CLIENT WITH SUCH THIRD PARTY TUTORS, BUT DOES NOT, NOR IS IT INTENDED, TO PROVIDE TUITION SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TUTOR. THE COMPANY IS NOT RESPONSIBLE NOR IS LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY TUTOR AND/OR ANY TUITION SERVICES PROVIDED TO THE CLIENT BY A TUTOR REGISTERED WITH TTC.
Headings are inserted for the convenience of the Parties only and are not to be construed when interpreting this agreement.
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
TERMS AND CONDITIONS FOR CLIENTS AND TUTORS
1. Representations and Warranties
You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. TTC is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. TTC reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than the purposes for which the Software and/or the Application is intended to be used.
2. General Service Agreement
- The Client and TTC are of the opinion that the Tutor has the necessary qualifications, experience and abilities to provide tutoring to the Client.
- The Tutor contracts to provide such services to the Client on the terms and conditions set out herein.
- TTC provides the “Service” as described in the introduction, to link Clients through the App to Tutors registered with TTC enabling the Client to book the services of a Tutor through the App for the conduct of such tutoring services by a TTC registered Tutor, to take place within the premises of TTC.
- By registering as a Client or as a Tutor, you agree to abide by the terms and conditions of TTC.
- A booking made by the Client confirmed by TTC on the Application, forms the contract between the Tutor and the Client.
- Confirmation of the booking occurs as the result of the Tutor’s diary showing that the Tutor is available to tutor at the time selected by the client – the Offer.
- By offering to teach the Student, the Tutor agrees to be a party to this contract. By agreeing to have the Student tutored by the Tutor, the Client agrees to this contract. TTC’s confirmation of the booking formalises the contract as pre-payment has been made. The Tutor and the Client acknowledge that these terms govern the legal rights and obligations between them.
- This contract should be read alongside the Terms and Conditions for Clients and Tutors.
- These terms constitute the whole agreement between the parties and no variation or alteration of these terms shall be valid.
- The Termination or Conclusion of the contract occurs when all of the obligations under this contract are complete or discharged.
- The laws of Singapore govern this agreement and the parties submit to the jurisdiction of the Courts of Singapore.
3. That Tuition Café Education Centre Private Limited (TTC)
- TTC provides the “Service” as described in the introduction, for the conduct of such tutoring by a TTC registered Tutor, to take place within the premises of TTC.
- TTC is a facilitator and beneficiary to the contract between Tutors and Clients, insofar as the “Application” provides a booking service for such tuition services to be provided on any of TTC’s premises. It also collects fees from the Client on behalf of the Tutor that includes its own fee relating to its administration for use of the TTC Application and TTC’s premises.
- The gross hourly rate for tuition includes the tutor’s net fee and TTC’s own fees.
- The gross hourly fee is set by the Tutor starting at the MINIMUM of $35.00. This MINIMUM rate effective as at 17th January 2020 is subject to change at the absolute discretion of TTC.
- Tutors set their own offered gross rate for each subject.
- Any value added or sales tax will be applied, if required by law, over and above the hourly rate.
- The contract between Client and Tutor is concluded through the TTC App.
- TTC will provide a safe and suitable environment for the tutoring to take place.
- TTC, while endeavouring to ensure the health and safety of all who are on TTC’s premises is in compliance with legal requirements, shall not be liable for any loss, damage, injury, legal proceedings or suits, claim or anything of whatsoever nature (direct, indirect, or consequential) whether arising in contract, tort or otherwise, suffered, incurred or initiated by any student or any tutor arising from such contact between any student and any tutor prior to, during and after any tutorial session.
- TTC does not accept any liability for any claims by the Client or Tutor arising out of, or related to, the provision of tutoring services by the Tutor at TTC’s premises.
- TTC does not exclude liability that is not permitted to be excluded by law.
4. The Client
- All students under the age of 18 will have to be registered by their Adult Parent/Guardian who is the Client.
- The Parent/Guardian details including relationship to the Student will have to be registered together with the Student’s details.
- All students under the age of 18, who use the Application to make a booking with a Tutor, are deemed to have made such bookings with the express consent and instruction of the Parent/Guardian registered as the Client, making that action binding on the Client.
- All adult students are deemed to have the capacity to contract in their own right as the Client.
- You are referred to in these contracts as ‘the Client’, and you are the other party to a contract with a Tutor. You agree to pre-pay for the purchase of tutoring services on behalf of ‘the Student’, using the Application. ‘The Student’ may be yourself or a MINOR registered by you as the MINOR’S registered parent/guardian. The Student is the person who receives the tutoring service through sessions of tutoring booked through the TTC App.
- The Client agrees to these terms and conditions for the use of the TTC App to book a tuition session with a TTC registered Tutor for tutoring at TTC’s premises.
- The registered Client agrees not to make any private arrangement with a registered Tutor for tutoring outside of TTC’s premises. A breach of this condition will render the Client and Tutor to account to TTC for all sums paid and received. Registrations of both Client and Tutor will be cancelled.
- Should you wish to recommend one of TTC’s Tutors to any other Potential or Actual Client, you may do so but any other Potential or Actual Client must register himself and download the Application to make a booking.
- Clients should be aware that the Tutor does not have power to bind TTC in any way.
- TTC is not responsible for insurance arrangements in respect of the Tutor providing tutoring services and the Client should note that this is the case.
- The Client is responsible for booking, payment and cancellation fee.
- TTC uses Client data for the purposes of the services that it provides. Clients implicitly provide consent for TTC to hold their personal data and for use of that data by TTC for the purpose of effecting introductions to Tutors, for billing, fee collection, customer service and to enable TTC to contact the Client from time to time for promotional or other purposes.
- If you would like additional information, we encourage you to read our Privacy and Data Collection Policy on our website.
5. The Tutor
- A Tutor is deemed to have been linked to the Client by TTC in the event that a Client makes a booking with a registered Tutor through the TTC Application.
- You are referred to in these contracts as ‘the Tutor’, and you are the other party to a contract with a ‘Client” from such bookings referred to in 1 above.
- The Tutor warrants and represents to TTC that all written and oral statements and information provided by the Tutor to TTC for the purpose of or in connection with offering a Tutoring service, including (but not limited to) personal information about the Tutor and/or your qualifications, credentials, references and suitability for providing Tutoring were, when provided, and remain, true, complete and accurate.
- If anything occurs which materially changes the information originally provided, such as but not limited to you being convicted of a criminal offence, you must inform TTC of this information in order that the information provided by TTC about yourself remains truthful and accurate.
- The Tutor is self-employed and engaged through the App by the Client to provide tuition to the Student.
- Nothing in these Terms shall constitute the relationship of employer and employee and/or worker or a partnership between TTC and the Tutor.
- The Tutor undertakes to duly and promptly pay all income tax
in relation to all charges and sums payable to the Tutor by TTC and shall be responsible for completing and submitting all relevant assessments, returns and other information to Inland Revenue of Singapore in relation to such charges and sums and to taxation affairs generally.
- The Tutor shall indemnify TTC and keep TTC fully and effectively indemnified against all income tax and related penalties and/or interest in respect of any charges paid or payable by TTC to the Tutor for the Tuition.
- The Tutor will carry out the tutoring services professionally, with due skill, diligence and care.
- The Tutor is responsible for the content of the lessons and will prepare the lessons in accordance with the Client’s instructions and/or a relevant exam syllabus or qualification syllabus as appropriate.
- The Tutor’s methods of teaching and content of lessons are those of the Tutor alone and are not supervised or controlled by TTC.
- Each session of tuition booked with a Tutor may become part of a course of tuition but the TTC App only books single sessions by the hour with the registered Tutor and the Tutor does not have the power to bind TTC in any way to providing a course of tuition with that Tutor. In the event that a Tutor is unable to continue an implied course of tuition with a student, the only recourse to the Client is to book another registered Tutor to continue the Student’s tuition.
- TTC does not accept any liability for the consequences of tuition, including, but not limited to, exam results.
- Whilst every effort is made by TTC to ensure Tutors have reasonable standards of skills, integrity and reliability, TTC is not liable for any loss, expense and damage arising from the negligence, dishonesty, misconduct, or lack of skill of the Tutor.
- TTC will not be liable to the Client or any third party for any act, omission or error (whether wilful, negligent or otherwise) of the Tutor.
- The registered Tutor agrees not to make any private arrangement with a registered Client for tutoring outside of TTC’s premises. A breach of this condition will render the Tutor and Client to account to TTC for all sums paid and received. Registrations of both Client and Tutor will be cancelled.
- Tutors are expected to be responsive when contacted by TTC. If you persistently fail to respond to communication from TTC (via email or telephone or both) then TTC reserve the right to remove you from our register of Tutors.
- The Tutor’s diary is of utmost importance to the business concept employed by TTC to promote the services of Tutors to Clients as it shows the availability of the Tutor to the Client prior to booking and constitutes an offer made by the Tutor. The Client’s booking through the App constitutes acceptance of the offer, forming a binding contract.
- It is a condition therefore that the tutor has to be meticulous about maintaining that diary at all times. TTC will utilise a “three strikes and you’re out” policy to highlight the importance of this.
- We reserve the right to remove you from our register for breaching TTC’s terms and conditions in any way, including but not limited to breaching section 16.
- TTC uses tutor data for the purposes of the services that it provides. Tutors providing personal data consent to the use of that data by TTC for the purpose of effecting introductions to Clients, for billing and fee collection purposes, Public Relations and Marketing and to enable TTC to contact the Tutor from time to time.
- Further, you agree to the public display of your Tutor profile, including name, photograph, certifications, description of experience, student ratings, on our front end public website.
- If you would like additional information, we encourage you to read our Privacy and Data Collection Policy on our website.
- The Tutor does not have power to bind TTC in any way.
6. Bookings / Payment / Cancellation:
- A booking, whether made by the Student or Client through the TTC App is deemed to have been made by the Client.
- The Client is responsible for pre-paying TTC, through the App, for the lesson booked and the fee paid is held by TTC until after completion of the lesson, whereupon the payment is passed on to the Tutor less TTC’s fees.
- Client bookings can only be made up to a MINIMUM of 48 hours prior to the day/date of the tuition sought. Bookings made with this MINIMUM notice are non-cancellable and non-refundable.
- Clients should be aware that there can be considerable preparation involved before each Session of tuition, in addition to travel time and cost to the Tutor.
- Lessons cannot be cancelled through the App. Cancellations must be sought directly with the TTC Cafe Manager, based onsite at its premises where the tuition was to have been received.
- A cancellation of any tutorial booked which is made within 48 hours prior to the day for the tutorial, is deemed a late cancellation and the fee paid will not be refunded to the Client.
- Per cancellation of a tutorial made within 48 hours prior to the day for the tutorial, TTC, at its sole discretion and if it deems that there are exceptional circumstances which warrant a full credit of the fee paid, will apply the credit towards a re-booking of the same tutorial at a re-scheduled date/time with the same tutor. The TTC cafe manager will seek a medical certificate in cases where illness caused the need for late cancellation.
- Cancellations made with the cafe manager more than 48 hours prior to the day/date for the tutorial booked, amounts to a re-scheduling, and clients will receive a credit of the fee paid, to be applied to a re-booking of the same tutorial with the same tutor at a future date/time.
- If the Student or Client chooses to terminate a Session early (for example, after one hour of a two-hour session), the Session will be charged at the applicable price for the full session booked.
- If the tutor cancels a lesson, the client will be given a full refund of the booking fee.
- Payments are made via our secure online payment system, Stripe, that accepts credit and debit card payments.
- The fee paid for a lesson booked is specific to the Client that made the booking. That fee and lesson is absolutely non-transferable.
- All fees are subject to review and revision.
7. Tuition Sessions conducted on TTC’s premises
- Lessons are to start and end at the times booked. Punctuality will be adhered to.
- If the Student is late for a Session, the Tutor is not obligated to work beyond the scheduled end time and the session will be charged at the usual price, whether or not the Tutor works beyond the scheduled end time. The Tutor can only work beyond the end time, subject to the availability of a desk at TTC’s premises for the provision of tuition and only with the express permission of the premises manager. If a Tutor is late for a session, then it is the obligation of the Tutor to arrange to make up the lost time subject to availability of a desk at TTC’s premises for the provision of tuition and only with the express permission of the premises manager.
• Lessons will only be conducted between the hours of 10.00 am until 5.00pm only
- Students will behave appropriately while on TTC premises and in accordance with the code of conduct set out at TTC’s premises.
- Conversations are to be in audible but muted tones.
- Students must behave in a considerate manner to all other users of the premises. The final arbiter of unreasonable behaviour is the Cafe manager.
- Physical or verbal abuse of fellow Students, Tutors or TTC staff will not be tolerated and lead to immediate ejection from TTC premises. Students will forfeit any tuition fee paid, irrespective of whether a lesson is completed or not. Upon ejection and at the total discretion of TTC, the Student may be de-registered and the Client informed.
- Damage to TTC property by a Student will be replaced or repaired as necessary by TTC and billed to the Client for payment. Non-payment will lead to de-registration and TTC will seek recourse to recover its monies through the courts.
- TTC cannot be held liable for any misconduct on the part of a Student or Tutor toward each other or to others while on TTC premises, prior to, during or after a Lesson.
- TTC, while endeavouring to ensure the health and safety of all who are on TTC’s premises is in compliance with legal requirements, shall not be liable for any loss, damage, injury, legal proceedings or suits, claim or anything of whatsoever nature (direct, indirect or consequential) whether arising in contract, tort or otherwise, suffered, incurred or initiated by any student or any tutor arising from such contact between any student and any tutor prior to, during and after any tutorial session.
- From time to time, TTC will use photos/videos of all users (tutors and students), of the premises to showcase the service offering in promotional materials, brochures and on our website, Facebook and Instagram and other online mediums.
- TTC is dedicated to the safeguarding of children who use our premises to receive tuition or for personal study. Any media used for promotion will be done in a positive light.
- All users (tutors and students) of TTC’s premises are deemed to have given their express permission for their images to be captured on photographs/videos for TTC’s promotional use only.
Last Updated: September 23, 2020