User Terms and Conditions
This page states the terms and conditions (the "Terms and Conditions") under which you may use www.yodaa.co and its related sites (the "Site"). By accessing and using the Site, its tools and services (regardless of whether you have a registered account), you agree to be bound by these Terms and Conditions, and represent and warrant to us that you have the right, authority and capacity to use the Site and that you will use the Site in a manner which complies with all applicable laws and regulations.
Yodaa Pte. Ltd. (hereinafter referred to as "Yodaa", "we", "us" or "our") may revise these Terms and Conditions at any time by updating this posting and Users are subject to such Terms and Conditions as amended, modified, substituted by Yodaa from time to time. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing and/or using this Site for any reason, regardless of whether you have a registered account.
1.USE OF SITE AND CONTENT
1.1 Our Services.
Yodaa operates the Site which offers:
(i) digital marketing services to promote tuition providers ("Tutors"/”Teachers”), the terms tutor/teacher can be used interchangeably.
(ii) an online platform that connects Tutors with students and/or any individual seeking to engage tutors ("Clients"/”Customers”); the terms client/customer can be used interchangeably. and
(iii) such other ancillary services that Yodaa may introduce from time to time,(collectively, the "Services").
1.2 Site content. The contents of this Site, such as text, graphics, images, logos, button icons, software and other material (the "Material"), are the property of Yodaa or its content suppliers or clients. The compilation of all content on the Site are the exclusive property of Yodaa and are protected by copyright. Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Material on any copy you make of the Material. You may only view and use any Material on this Site for personal use and solely for the purpose of utilizing our Services. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose, or in any other manner that is likely to cause confusion among consumers or that otherwise infringes our intellectual property rights. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
1.3 General Rules. The Site features and Services may be used only for lawful purposes by Tutors seeking to promote their tuition services and by individual Clients seeking engage Tutors.
Users may not use the Site to transmit, distribute, store or destroy material: -
(a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others,
(c) that is defamatory, obscene, threatening, abusive or hateful, or
(d) for any illegal or immoral activity or purpose.
1.4 Website Security Rules. Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.
1.5 Specific Prohibited Uses. You shall not
- use the Site’s database or any information to sell or promote any products or services (other than as a Tutor seeking Clients or Clients seeking Tutor services),
- post or submit to the Site any incomplete, false, inaccurate or misleading information (including biographical information);
- post on the Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other form of business opportunity;
- send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of the Site;
- delete or revise any material posted by any other User;
- take any action that imposes an unreasonable or disproportionately large load on the Site‘s infrastructure;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
- aggregate, copy or duplicate in any manner any of the Site content or information available from the Site;
- frame or link to any of the Site content or information available from the Site; or
- use /insert any of the User's URL, weblink, email address and website while posting any information on the Site and all Users agree not to use / insert any of the User's URL, weblink, e mail address and website while posting any information on the Site.
1.6 Consequences of breach. In the event you violate any of these Terms and Conditions, Yodaa may, without prejudice any other remedies it may have in law or equity, in its sole discretion do any or all of the following:
- restrict, suspend or terminate the offending User's access to the Site and/or account;
- lodge criminal charges;
- claim for damages; or
- take any other action it deems fit.
2. REGISTRATION AND ACCOUNTS
2.1 General Terms and Conditions
(a) Tutors and Clients must register to create an account ("Account") before they can access certain features of the Site, list their tuition services and/or engage a Tutor. Such Account shall be identified by a unique identification username. Registration with Yodaa as a Tutor or a Client is currently free.
(b) Tutors and Clients are responsible for maintaining the confidentiality of their respective Accounts and passwords and for restricting access to their computers and Tutors and Clients agree to accept responsibility for all activities that occur under their respective Accounts or passwords, whether or not authorised by them.
(c) Tutors and Clients agree to immediately notify Yodaa of any unauthorized use of their respective passwords or Accounts or any other breach of security, and shall ensure that they exit from their respective Accounts at the end of each session.
(d) Yodaa will not be liable for any loss or damage to any Tutor or Client or any other third party arising from any Tutors’ or Clients’ failure to comply with these Terms and Conditions.
(e) Yodaa reserves the right in its sole discretion to refuse service, remove or edit content, and/or terminate Accounts at any time. Tutors or Clients whose Accounts have been terminated may not register again.
2.2 Eligibility to Register an Account
(a) In registering a Client Account, you confirm that you are at least 18 years old. If you are under 18, your parent or legal guardian must register for the Account.
(b) For a Tutor to register, that Tutor must be a Singapore Citizen, a Permanent Resident or hold a student pass, and must be at least 18 years old.
(c) Yodaa may refuse any application for registration.
1. THE TUTOR PROFILE
2.3 General Terms and Conditions
(a) When a Tutor registers with the Site, he/she shall provide to Yodaa all the information and content required for the Tutor profile page ("Teacher Profile") and additional information or content which Yodaa may invite the Tutor to include (collectively, "Teacher-Provided Content"). Teacher-Provided Content may include personal contact details, details of qualifications and past employment history, testimonials and references from previous clients (including such client’s contact details for verification purposes).
(b) Yodaa has the absolute discretion to determine the position, layout, design and all other aspects of the Tutor Profile.
(c) By submitting Tutor-Provided Content, the Tutor:
(i) agrees to comply with these Terms and Conditions, in particular Section 8;
(ii) hereby grants to Yodaa during the existence of the Tutor’s Account, the rights in Section 8.4 and warrants to Yodaa that it has the full right and authority to grant the same; and
(iii) consents to Clients and other Users to access, display, view, store and reproduce such Tutor-Provided Content for their personal use and in accordance with these Terms and Conditions, as well as the consents in Section 9 of these Terms and Conditions.
2.4 Tutors’ Personal Information
(a) The Tutor shall fill in all personal information accurately and update such information in a timely manner. The Tutor shall not mislead users accessing the Site and using Yodaa’s services.
2.5 Tutors’ Qualifications
(a) The Tutor shall fill in his qualifications, results, relevant experience and subject and level preferences as accurately and completely as possible.
(b) The Tutor may use the online certificate storage facility to store scanned copies of his certificates of qualification, but at his own risk. Whilst Yodaa will use reasonable endeavours to provide a secure storage facility, it cannot guarantee the same.
(c) The Tutor may present copies of such original certificates to Yodaa for verification. Only certificates verified by Yodaa shall be given a "Verified" rating. Such "Verified" rating is not a representation or warranty that the certificate or qualification is genuine and authentic, but only that such original document has been provided to and Yodaa has sighted the same. Yodaa reserves the right to change the rating scheme to better meet the needs of the users accessing the Site. The scanned copies of certificates are not available publicly and will be provided in PDF format to the Client after the Tutor has been appointed by the Client for the first lesson.
(d) The Tutor shall present such certificates of qualification on the first lesson to the Client if so requested by the Client.
2.6 Indemnity and Release
(a) Without prejudice to any other indemnities herein, the Tutor is solely responsible for any legal liability arising out of or relating to the Tutor Profile(s), and/or any material to which users may gain access through the Tutor Profile(s) and shall indemnify Yodaa against any and all liability, loss, damages, claims, or causes of action (including legal fees and expenses that may be incurred by Yodaa) in connection with (i) the Tutor Profile, whether arising out of or related to arising out of Yodaa’s reproduction and/or publication (in any form or manner) of the Tutor Profile or the performance of the Services, (ii) the Tutor's breach of any of the Terms and Conditions, or (iii) any false or misleading content in the Tutor Profile.
(b) Tutors provide the Tutor-Provided Content at their own risk and release Yodaa from all and any claims, damages or other liability that may arise in connection with the publication and use of the Tutor-Provided Content by Yodaa in accordance with these Terms and Conditions, or in connection with any use or misuse by any other third party, whether or not in violation of these Terms and Conditions or any laws.
2. ENGAGEMENT OF TUTORS
(a) Clients may register their request. Interested teachers will quote and each client may get up to 5 quotes for the request.
(b) Upon selecting the Tutor, the Client may click the hire button via the Site to engage the Tutor ("Engagement"). Doing so will release certain information, including without limitation, the Client’s contact number and email address, to the hired Tutor. The submission of an Engagement does not bind the Client to engage the tuition services of the Tutor and remains subject to the agreement between the Client and the Tutor.
(c) Upon receiving an Engagement, the Tutor may accept or reject the Engagement. If the Tutor chooses to accept an Engagement, the first lesson will be held at a venue and time agreed between the Tutor and the Client (the "First Lesson").
Yodaa does not guarantee that any assigned Tutor will help improve the tutee’s academic performance and the Client (on its own behalf and as agent for an on behalf of the tutee) release Yodaa from any liability in this regard. However, Yodaa provides a feedback channel to help us recommend quality tutors and appreciate accurate feedback from the Clients or tutees. Please also refer to section 10 (Liability and Disclaimer of Warranty).
2.8 Payment; Confirmation or Cancellation of Engagement
(a) There are no free trial lessons. The Client is required to pay the tuition fees (as agreed as part of the Engagement terms) for the number of hours of lessons given by the Tutor.
(b) All payments for lessons are not part of Yodaa site.. Yodaa shall not be responsible for any payment a Client makes directly to the Tutor, and such payment shall not constitute payment or discharge of the payments due to Yodaa herein.
(c) Tutors for the current open beta period are allowed to quote for requests for free. When we move from open beta the tutors should pay for every quote that they make on the Site.
2.9 Cancellation or Postponement of Lessons
The Client shall inform the Tutor if he wishes to postpone or cancel a lesson, no later than 2 hours before the time at which the lesson was agreed to begin, failing which the Client shall be liable to pay a fee to the Tutor for lost time and transport cost. Such fee payable shall be at least $20 up to a maximum of $50, depending on the waiting time at the location of the lesson, the travelling time and transport costs.
2.10 Tuition Venue and Scheduling
(a) By default, the location of the lesson shall be the Client’s current residence, unless otherwise agreed between the Tutor and the Client. This arrangement is not supported on the platform. Hence Yodaa is not liable for any damages/miscommunication that may arise from this.
(b) The timing of the lesson shall be agreed between the Tutor and the Client.
2.11 Termination of Engagement
Tutor and Client can terminate the engagement anytime. Yodaa is not resposnible for this.
4. TUTORS’ OBLIGATIONS
2.12 Acceptance of Engagement
(a) The Tutor agrees, if it chooses to accept an Engagement, to respond promptly and in a responsible and professional manner to enquiries and/or scheduling requests from Clients, as well as to honour any appointments accepted by the Tutor in a responsible and professional manner.
(a) Upon acceptance of an Engagement, failure to turn up for the First Lesson or any other circumstances caused by the Tutor resulting in the cancellation of the appointment will lead to the termination of the Tutor’s Account. This will be evaluated by Yodaa on a case-by-case basis.
(b) If the Client cancels the Engagement Yodaa is in no way is responsible and will not make any payment to the tutor. Yodaa shall not be liable in any way to the Tutor for the said payment of the First Lesson.
2.13 Termination of Tuition
(a) Upon acceptance of an Engagement, the Tutor and client should sort out termination agreements. Yodaa is not liable or responsible for tutor or client cancelling the lessons for any reason.
(b) Although there is no requirement for Tutor to commit to an Engagement. The Tutor is expected to commit themselves further so as to ensure the student achieve good academic performance. Therefore, postponement or cancellation of lessons or cancellation of assignment is strongly discouraged, especially when it is near the examination period. This will be monitored by and may be reflected in Yodaa’s feedback system on the Site.
2.14 Payment of Tuition Fees
(a) Yodaa does not collect commision or facilitate payment of tuition fees from clients to tutors. Tutors are responsible for collecting their fees directly from the client.
(b) Yodaa is not liable to pay for the tutor in the event that Client refuses/does not pay the tutor. However, it is highly discouraged that a Client should refuse to pay.
2.15 Conduct of Tutor
(a) Tutors shall provide their tuition services with all due skill, diligence and professionalism, including without limitation:
(i) observing punctuality at all times;
(ii) not canceling prearranged lessons without due notice to the Client and good reason;
(iii) devoting his full time and attention during lesson hours to the lesson at hand;
(iv) dressing appropriately for the lesson.
Ratings will be deducted based on the severity of the complaints from the Clients or Tutees.
(b) If the Tutor fails to observe the above said standards of conduct,
- the Client may terminate the Engagement;
- Yodaa may terminate the Tutor’s Account; and/or
- the Tutor’s ratings on the Site may be negatively affected.
(c) All complaints lodged against the Tutors will evaluated on a case by case basis and Tutors will be given a chance to dispute the complaints.
(i) collect testimonials from current or past Clients and allow Yodaa to verify such testimonials with such current or past Clients;
(ii) display a photo on his Tutor Profile;
(iii) allow a write-up of the Tutor to be displayed on his Tutor Profile (such write-up to be written by tutor in their profile);
For the avoidance of doubt, if we have reasonable grounds to believe that any User is in breach of any of these Terms and Conditions, we reserve the right, in our sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, we may disclose the User's identity and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a court order or direction or other legal action, or if we are of the view, in our sole and absolute discretion, that it would be in our best interests to do so. We shall not be liable for damages or results arising from such disclosure, and the User(s) agrees not to bring action or claim against Yodaa for such disclosure.
8. USER SUBMISSIONS AND CONTENT.
8.1 As a User, you are solely responsible for your Site account information, content, messages or other information ("User Content") that you submit, publish or display on the Site or transmit to other Users.
The following is a list of User Content that is prohibited on the Site. These are examples only and not exhaustive. You must not do any of the following things:
- post material that is copyrighted or otherwise infringes on any other intellectual property rights of others,
- post material that infringe on the privacy rights of others;
- post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
- display or link to pornographic, indecent, sexually-explicit or violent images or statements of any kind;
- post advertisements or solicitations of business;
- post chain letters, unsolicited mass mailing or pyramid schemes;
- impersonate another person;
- provide or make available pirated music or other media or links to pirated music or other media files;
- solicit personal information from anyone or solicit for dates.
8.2 Yodaa acts as a passive conduit for the online matching of Tutors with Clients and has no obligation to screen or monitor Material posted by Users (including Tutor profiles) or communications. However, Yodaa may from time to time review and delete any User Content that, in the sole judgment of Yodaa, violates these Terms and Conditions, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety users of the Site.
8.3 Users agree to indemnify Yodaa and its affiliates to the fullest extent allowed by law against any and all claims, damages and liability (including legal costs and expenses on an indemnity basis) arising in relation to the User’s User Content submission in the Site.
8.4 By submitting User Content to any public area of the Site, including profiles, message boards, forums and contests and chat rooms, you grant Yodaa and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content and to grant and authorise sublicenses thereof. You also warrant that the holder of any rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User of the Site to access, display, view, store and reproduce such User Content for personal use, and release Yodaa from all claims or any liability in connection with the use or misuse of User Content by any other User or third party.
9. EXPRESS CONSENT AND ACKNOWLEDGEMENT
9.1 When submitting Tutor-Provided Content, Tutor consents to Yodaa using, disclosing, transferring and retaining such information for the purposes of
(a) the Site generally, including marketing and promotion of the Site or the Tutor’s Services, to determine whether Tutor might be interested in the opportunities made available through the Site, verification of qualifications and handling of any queries or disputes with Clients, and
(b) complying with the law, regulation or any court order or direction. Without limiting the generality of the above, Yodaa may disclose or transfer such information to the following class of persons:
- prospective Clients who have registered with the Site;
- a related corporation (as defined in section 6 of the Companies Act);
- third party service providers engaged by Yodaa to provide functions and services to Yodaa and who need access to your information to carry out the work for the Company;
- any government authority or agency that may require such information;
- any other party permitted by law; and
- anyone the Tutor authorises.
9.2 In relation to the aforementioned, Users agree that Yodaa may use his/her personal information to contact such User relating to, in the case of a Client, a Tutor, or in the case of Tutor, a Client, prospective or current, or provide administrative notices or communications applicable to such User’s use of the Site.
9.3 You acknowledge, consent and agree that when submitting your profile or other information for posting on the Site, your profile is automatically searchable and personal information present within your profile (such as photographs and your email address,phone number) can be collected and used by, all Users of our Site, regardless of whether they are registered Users. We do not verify the identity and purpose of such Users and are responsible for the use made of profile information by such Users who viewed your profile whilst it resides on the Site. This may result in unsolicited messages from third parties for which Yodaa is not responsible. Even after you have removed your profile from the Site, Users who may have retained a copy of your profile in their own files or databases. Yodaa is not responsible for the retention, use or privacy of resumes or profiles in these instances.
9.4 Users acknowledge and agree that they will keep confidential all information disclosed to him or her on the Site or by Yodaa and will not disseminate such information to any third party or retain or otherwise use such information for any other purposes.
10. LIABILITY AND DISCLAIMER OF WARRANTY
10.1 Yodaa does not represent or warrant that the Site will meet the objectives or needs of the Tutor or Client. Yodaa does not represent or guarantee the truthfulness, accuracy, or reliability of information or communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. Conversely, you acknowledge and agree that you are solely responsible for the form, content and accuracy of your profile or material contained therein placed by you on the Site.
10.2 The Site acts as a venue for Tutors to post their profiles and for Clients to look for prospective Tutors and we do not screen or censor the listings offered. As a result, we have no control over and make no representation regarding the quality, safety or legality of the Tutors or Clients registered on the database, the truth or accuracy of such the listings of information provided by such Users, the ability of Tutors to offer claimed services or ability of Client to fulfil the terms of their engagement. We are not involved in the actual transaction between Tutors and Clients. Yodaa is not to be considered to be an agent of any Tutor or any Client.
10.3 In addition, that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false identities. You assume all risks associated with dealing with other Users with whom you come in contact through the Site. We expect that you will use caution and common sense when using the Site.
10.4 Without limiting any of the other disclaimers of warranty set forth herein, to the extent permitted by law, we hereby exclude all warranties and conditions, whether express or howsoever implied, including the warranty of fitness for particular purpose and non-infringement. We will not be liable to any User in respect of any loss or damage which may be suffered or incurred as a result of their use of the Site.
10.5 As User authentication on the internet is difficult, Yodaa cannot and does not confirm that each User is who they claim to be. Yodaa does not and cannot be involved in user-to-user dealings or control of the participants on the Site. In the event that you have a dispute with or claim against one or more Users, you shall release Yodaa, its affiliates and their respective officers, directors, employees and representatives from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes and claims.
10.6 Yodaa does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Site or the material results in the need for servicing or replacing equipment or data, we are not responsible for those costs. The Material on the Site may contain inaccuracies or typographical errors. Yodaa makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material. Changes are periodically made to the Site and may be made at any time.
10.7 Yodaa will not be liable for any delays in performance and/or non-performance caused by any event outside its reasonable control, including but not limited to, any act of God, disease or epidemic, action by any government entity, strike, network difficulties, or electronic malfunction. In no event will Yodaa be liable for any failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, or any other non-performance related to the Site or the Services.
11. DISCLAIMER OF CONSEQUENTIAL DAMAGES.
In no event shall Yodaa, its affiliates and their respective officers, directors, employees and representatives, be liable for any damages whatsoever (including, without limitation, incidental, consequential or special damages or lost profits) resulting from the use or inability to use the Site and the Material, whether based on contract, tort, or any other legal basis, and whether or not Yodaa is advised or had knowledge of the possibility of such damages.
12. LIMITATION OF LIABILITY.
Without prejudice to or limiting the other provisions herein, in any event, Yodaa’s maximum liability arising out of or in connection with the Site or your use of the Site, regardless of the cause of action, will not exceed SGD 30.
13. LINKS TO OTHER SITES.
The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Yodaa of the contents on such third-party web sites. Yodaa is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites.
You agree to fully indemnify Yodaa, its affiliates and their respective officers, directors, employees, representatives and agents, from and against any claims, actions or demands, including without limitation, legal costs and expenses on an indemnity basis, arising from or in connection with, directly or indirectly, any of the User Content or your use of the Site or your breach of the these Terms and Conditions. Yodaa shall provide notice to you promptly of any such claim, suit, or proceeding.
15. TERM AND TERMINATION.
16. GOVERNING LAW AND JURISDICTION
These Terms and Conditions and all questions concerning its construction, performance, validity and interpretation shall be governed by the laws of Singapore. Parties submit to the exclusive jurisdiction of the Singapore courts.