CONTRACTUAL RELATIONSHIP
These Terms of Use (“Terms”) constitute a legal agreement governing the access or use of the TUDY mobile application (the “Service”) which is owned and operated by TUDY Company Limited. These Terms are between you, an individual accessing or using the Service from within Vietnam (“you”), and TUDY Company Limited (the ‘Company’) at 67-69 Vo Nguyen Giap Street, Thảo Điền Ward, Thu Duc City, HCMC
26 Đường số 10, Phường Thảo Điền, TP. Thủ Đức, TP Hồ Chí Minh, Việt Nam, license registered at the Department of Planning and Investment No. 0302729215 (“TUDY”)
Your access and use of the Service constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms expressly supersede prior agreements or arrangements with you with respect to the Service. TUDY may immediately terminate these Terms or the Service with respect to you, or generally cease offering or deny access to the Service or any portion thereof, at any time.
TUDY may amend the Terms related to the Service from time to time. Amendments will be effective upon TUDY’s posting of such updated Terms at this location or on the Service. Your continued access or use of the Service after such posting constitutes your consent to be bound by the Terms, as amended.
TUDY’s Privacy Policy located at https://i-tudy.com/en/?p=26488&preview=true applies to the use of the Service, and is made a part of these Terms by this reference, notwithstanding any contrary statements in the Privacy Policy.
THE SERVICES
License
Subject to your compliance with these Terms, TUDY grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Service on your personal device solely for your personal, noncommercial use. You agree not to use the Service for any other purpose. Any rights not expressly granted herein are reserved by TUDY and TUDY’s licensors.
Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by TUDY; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; or (v) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks.
Third-Party Service and Content
The Service may be made available or accessed in connection with third-party services and content (including advertising) that TUDY does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. TUDY does not endorse such third party services and content and in no event shall TUDY be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc. and Google, Inc. will be a third-party beneficiary to this contract if you access the Service using Apple iOS or Android-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Service in any manner. Your access to the Service using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
Ownership
The Service and all rights therein are and shall remain TUDY’s property or the property of TUDY’s licensors. Neither these Terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference in any manner TUDY’s company names, logos, product and service names, trademarks or services marks or those of TUDY’s licensor.
YOUR USE OF THE SERVICE
User Accounts
In order to use most aspects of the Service, you must register for and maintain an active personal user Service account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if older than 18), to obtain an Account. Account registration requires you to submit to TUDY certain personal information, such as your name, address, email address, mobile phone number and age, as well as your banking information. You agree to the collection, processing, disclosure and transfer of any personal information that you provide to TUDY under these Terms of Use, and that you have read and understood and you agree to TUDY’s privacy policy located at https://i-tudy.com/en/?p=26488&preview=true. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Service or TUDY’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by TUDY in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18 or the age of legal majority in your jurisdiction (if older than 18). You may not authorize third parties to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Service, and you may only use the Service for lawful purposes. In certain instances, TUDY may require you to provide proof of identity to access or use the Service, and you agree that you may be denied access or use of the Service if you refuse to provide proof of identity.
Through the Service, you may elect to share certain third party personally-identifiable information with TUDY, including, without limitation, first and last name, email address, mailing address, and phone number (each of the foregoing, “Contact Information”). You hereby represent and warrant that (i) you have, prior to the uploading of any third-party information, obtained the requisite consent required under applicable law directly from each individual of whom you are sharing Contact Information, including but not limited to, express consent to TUDY’s collection, use and storage of such individual’s personal information for the purpose of this Terms of Use, and express agreement to TUDY’s Privacy Policy referred to above, (ii) you have any other rights, licenses, consents and releases required under applicable law to share Contact Information with TUDY, including, without limitation, consents required under the applicable data privacy law (including Vietnam’s Civil Code, Law on Network Information Security, and Decree 72/2013/ND-CP), (iii) you will not share Contact Information of any individuals less than 18 years of age, or the legal age of majority in their jurisdiction if older than 18, (iv) your sharing of Contact Information will not infringe, misappropriate, or violate a third party’s proprietary rights, or rights of publicity or privacy, or obligations of confidentiality, or result in any violation of any applicable law or regulation, and (v) to the best of your knowledge, the Contact Information shall be accurate and not misleading. You understand and agree that TUDY may, in its sole discretion, terminate your access to the Service or withhold or cancel payment of any referral award amounts payable to you under these Terms in the event of (a) any actual or suspected fraudulent activity by you or in relation to your use of the Service, (b) any actual or suspected violation of applicable law by you or in relation to your use of the Service, or (c) any actual or suspected violation of these Terms. The Service is not intended for use while operating a vehicle.
All behaviors of purpose to induce customers on TUDY’s system are strictly prohibited. The inducement customers on TUDY’s system is concerned as the private negotiation with TUDY’s customer (Including Tutor) to provide services of TUDY without the TUDY’ system. TUDY has the right to refuse or block accounts without the announcement to the subject. All payment and pre-payment will not be paid or refunded.
Text Messaging
By creating an Account, you agree and expressly consent that the Service may send you informational text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving text (SMS) messages from TUDY at any time by emailing STOP to our contact email at [email protected] along with your phone number. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Promo code
TUDY may, in its sole discretion, generate promotional codes to redeem Account credits, or other features or benefits in connection with these Services and/or those of a Third Party Provider, subject to any additional terms that TUDY set up on a per-promo code basis (“Promo Code”). You agree that Promo Code:
(i) must be used for the intended objects and purposes, in a manner consistent with law;
(ii) may not be reproduced, sold or transferred in any way, or made available to the public (whether publicly posted or otherwise), except with the express permission of TUDY;
(iii) may be disabled by TUDY at any time for any reason that TUDY will not be held responsible;
(iv) may only be used under specific terms that TUDY setup for that Promo Code;
(v) not redeemable for cash; and
(vi) may expire before you use it. TUDY reserves the right to withhold or deduct credits, features or other benefits obtained through the use of Promo Codes by you or any other user in the event of TUDY determines or believes that the use or redemption of a Promo Code is faulty, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content
TUDY may, in TUDY’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to TUDY through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Service (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to TUDY, you grant TUDY a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and TUDY’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. If any applicable laws and regulations provide that certain rights in any User Content cannot be effectively assigned or licensed to TUDY, then you irrevocably waive and agree not to exercise or assert any rights to any such User Content worldwide, or object TUDY’s use of any such rights, including all moral rights, rights of attribution, identification of authorship, limitation on subsequent modification or other personal rights in the User Content, during and after the performance of Service.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant TUDY the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor TUDY’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by TUDY in its sole discretion, whether or not such material may be protected by law. TUDY may, but shall not be obligated to, review, monitor, or remove User Content, at TUDY’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Service. Your mobile network’s data rates and fees may apply if you access or use the Service from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. TUDY does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
PAYMENT POLICY
You may choose to pay for the services by cash and where available, by credit card and or debit card (“Card”) or Digital wallet such as Momo, ZaloPay,…
In the event that you choose to pay for the services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
If the Card belongs to another person, such as your spouse, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the services.
You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.
In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
Once your task has been completed, you are required to make payment in full to the third party service provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the service provided, then that dispute must be taken up with the third party service provider directly.
The Company has the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.
You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
Disclaimer
The service is provided “as is” and “as available.” TUDY disclaims, to the maximum extent permitted by applicable law, all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, TUDY makes no representation, warranty, or guarantee that the service will be uninterrupted or error-free. You agree that you bear the entire risk arising out of your use of the Service. This disclaimer does not alter your rights as a consumer to the extent not permitted by applicable law.
Limitation of liability
TUDY shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the service, even if TUDY has been advised of the possibility of such damages. TUDY shall not be liable for any damages, liability or losses arising out of your use of or reliance on the service or your inability to access or use the service. TUDY shall not be liable for delay or failure in performance resulting from causes beyond TUDY’s reasonable control.
These limitations do not purport to limit liability that cannot be excluded under applicable law.
Indemnity
You agree to indemnify and hold TUDY and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the service; (ii) your breach or violation of any of these terms; (iii) your sharing of contact information with TUDY; (iv) TUDY’s use of contact information or user content; or (v) your violation of the rights of any third party.
REFUND POLICY
1. When are you eligible for a full refund ?
- If Playtutor has canceled the session or does not show up for the session, you are eligible for a full refund.
- If you want to cancel a session without a penalty, contact customer service at least 24 hours before the Playtutor arrives. (Example: Visit scheduled at 16:00 on Friday / Change and cancellation is possible without any penalty before 16:00 Thursday)
- If you have to cancel due to medical reasons, you are entitled to receive the full refund by providing a medical certificate from hospitals or doctors.
In all of the cases above, your card will not be charged.
2. When are you eligible for a partial refund?
- If you cancel a session within 3 to 24 hours before the tutor arrival, a penalty of 100,000 VND will be charged; If you cancel a session within 3 hours before the tutor arrival, a penalty of 200,000 VND will be charged.
- If you are canceling a 4-week recurring service, a standard fee (without discount) for completed sessions shall be charged and the rest refunded.
3. When are you not eligible for a refund ?
- Full amount of the session will be charged if you don’t show or cancel after session begins.
- Cancellation after the session time has passed.
- In case of any misconducts (please contact our Customer Service).
- Any other cases that are not listed in the full and partial refund above.
4. How to request a refund ?
For other situations, please contact our customer support at
- Zalo Official Channel: https://zalo.me/1472825699144547815
- Kakao Talk Channel: http://pf.kakao.com/_SSyVs
- Mobile hotline: 090 997 0082
- Landline phone number: 028 73046262
- Email: [email protected]
DISPUTE RESOLUTION; GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of Vietnam, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to these Terms, including but not limited to those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to settlement proceedings under the International Chamber of Commerce Amicable Dispute Resolution Rules (ICC ADR Rules). If the said dispute has not been settled within 60 days after a request for Amicable Dispute Resolution has been submitted under the said ICC ADR Rules, such dispute shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC Arbitration Rules). The ICC Rules’ Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one arbitrator to be appointed in accordance with the ICC Rules. The place of arbitration shall be Ho Chi Minh City, Vietnam. The language of the arbitration shall be English.