AmazingTalker User Service Agreement

Updated: 2022/01/14

Welcome to AmazingTalker!

Please read the following agreement carefully in order to protect and guarantee your rights.

When you access and use (or continue to use) this AmazingTalker website or application (“AmazingTalker,” “Platform,” or “We”), or enroll as a member (“Student Member(s),” “Student(s),” or “You”) of the Platform, you shall be deemed to have agreed to be bound by the terms and conditions set forth under this AmazingTalker User Service Agreement (“Service Agreement”, or “Agreement”) and other agreement, policy, guidelines that listed out below or referred to herein (collectively as “Terms of Service”). If you disagree with the Terms of Service, please stop accessing this Platform immediately.

Service Contents and Items
1. AmazingTalker is an online language teaching platform matching Student Members and tutors (the “Tutor Members” or each “Tutor Member”; Tutor Member and Student Members are collectively as “Members”). The aim of the Service is to provide each Student Member with learning needs to, by way of the Internet, search, screen, and use instant messaging functions through the Platform to reach out to, and conclude a teaching service agreement with a Tutor Member who meets his/her learning expectation (“Teaching Service Agreement”). The services provided by this Platform include, but not limited to, online education matchmaking service, tuition fee collection and payment, teaching evaluation, and other services as updated by this Platform from time to time.
2. Based on the above, you understand and agree that the Teaching Service Agreement is to be entered into between a Student Member and a Tutor Member and that AmazingTalker is neither a party to the Teaching Service Agreement with the Student Member nor the Tutor Member. AmazingTalker can neither control a Student’s selection of a Tutor nor the teaching materials and timetables of a Tutor. AmazingTalker cannot guarantee that any specific Tutor Member would continue providing his/her education services through this Platform. AmazingTalker will assist in clarifying and facilitating the process should any dispute occur between Student Members and Tutor Members. You understand and agree that AmazingTalker shall not be liable for any conduct of any of its Members, and that Members are not employees or agents of AmazingTalker. Members shall not act on behalf of this Platform without its written consent.

The scope and Amendment of the Agreement
1. The Terms of Service include this Service Agreement, Tutor Guidelines, Privacy Policy, and other guidelines and policies published by the Platform from time to time. In addition, the Term of Service also includes or covers the information or announcements as published on the Platform, the announcements available on the websites of third parties that are affiliated with this Platform (e.g., the blog of this Platform), or policies concerning membership rules, code of conduct of users, Q&A, marketing and rewarding policies, etc, as disclosed on any other platforms as authorized by this Platform (e.g., business page of Facebook, Instagram, or other social media).
2. AmazingTalker reserves the right to update, amend, and supplement this Agreement to maintain this Platform from time to time. Each such update, amendment, or supplement shall form part of this Agreement. In case there is any amendment or update or supplement to this Agreement, the Platform will make update announcements on its website or applications, or otherwise notify you. Should you continue browsing or using this Platform, you agree to be bound by the terms and conditions as updated, otherwise you shall stop accessing the Platform and may contact us for further assistance.

Membership Types and Eligibility
1. This Platform is only available to individuals over the age of 18 and have the legal capacity to conclude binding contracts, unless the applicable laws state otherwise. If you are under the age of 18, or do not have the legal capacity to sign a contract on your own, as per the applicable laws, you shall obtain the consent from your legal guardians. The Platform has the right to reject your access to this Platform, should you do not meet the aforementioned eligibility requirement.
2. Student Members refer to those who use this Platform, complete the enrolment process on the Platform, and search, select, and purchase courses to conclude the Teaching Service Agreement and, where applicable, provide feedbacks. Tutor Members refer to those who advertise their education and teaching experience in the form of words, pictures, photos, and videos through this Platform and conclude the Teaching Service Agreement with Student Members. By becoming a Tutor Member, you agree to be subject to the terms and conditions set forth under the Tutor Guidelines.
3. This Platform reserves the right to decide whether to conclude the Service Agreement with Members or particular Member(s).

Courses Purchase and Tuition Fee Payment
1. Student Members shall pay the tuition fee refer to the number of classes, price, and packages that indicated on the checkout page and pay the tuition fee according to the method of payment of their choice. Student Members and Tutor Members could, by way of the message function provided by the Platform, send the course package and purchase the course as per the checkout page of the Platform (“Order”—and each order is separate).
2. The Teaching Service Agreement shall take effect on the time that Student Members make the payment according to each Order.
3. You agree that this Platform may charge you a platform service fee. The Platform reserves the right to change the courses, prices, and packages on the checkout page of the Platform, provided that such changes will not affect the Order(s) placed before the announcement of the changes.
4. You agree that the Platform reserves the right to request you to make the payment or cancel the Order in case where the Platform does not receive the payment or there are shortfalls due to incorrect bank transfer or otherwise; and the same applies to cases where the Tutor Members display an incorrect price. The Platform will refund the unused tuition fees to you as soon as it clarifies the issues. Upon the refund process is completed, the Order becomes invalid.
5. You understand and agree that each Order has its own expiration date. The expiry period of the Order depends on the package you have purchased. You agree to abide by the expiry period and extension policies as published on the Platform.
6. You may pay the Order in such currency as may be accepted by the Platform of your choice. The credit card payment will charge in HKD in principle. Nevertheless, as the Platform may accept different third-party payment service providers in different countries adopting different exchange rates, you agree that you shall pay and bear any exchange differences or surcharges arising out of the payment processes payable to the banks, the credit card issuing institutions, etc.

Refund Policy
1. You agree that any refund after you have purchased the course package through this Platform can only be made to the account in the name of the Student Member (“Student AT Account”) as have been previously registered for the future use. No cash refund shall be made.
2. The Platform will help make the refund in the form of AT credits to the Student AT Account (the “AT Credits”). The total amount of the refund will be calculated based on the tuition fee per class multiplied by the number of unused classes, less the surcharge, currency conversion rate chargebacks, and discounts, as determined according to the Teaching Service Agreement and made to the Student AT account. Therefore, the number of used classes of a Student Member will be calculated based on the original price to avoid the AT Credits differences arising from the discount of the pre-paid multiple classes.
3. AmazingTalker will not refund in cash. You can request a refund on your lesson which will be given back to You in AT credits. AT credits can be used towards lessons with any other tutors on the platform.
4. The Order shall be deemed invalid as soon as AmazingTalker completes the refund process. Student Members shall have no rights requesting the Platform or Tutor Members to fulfil the teaching obligations.
5. You acknowledge and agree there are certain procedures for the refund process. AmazingTalker will complete the refund within 30 weekdays upon receive your confirmation.

Terms and Conditions of Use
1. The Member account(s) as provided by the Platform is solely for your personal use. You shall not sign up for, or use, more than one account, or otherwise make your account available to a third party either for a fee or free of charge.
2. You shall keep your account properly and secure the account. In case of any mistake or identity fraud, you shall notify the Platform as soon as practicable by endeavouring to provide relevant information for the Platform to investigate
3. You shall ensure the accuracy and completeness of personal information provided to us for registration purpose and shall keep it updated, as per the request of the Platform.
4. You shall review all the notifications made available by the Platform. You shall review all the announcements of the Platform concerning service process and policies of the websites on a periodical basis; you shall access the Platform on a periodical basis.
5. You shall be responsible for the electronic device, equipment, Internet access for receiving or delivering courses through the Platform and shall ensure their availability. If you are unable to attend due to the technical error or glitches that are not attributable to the Platform, the Platform shall bear no costs and/or losses incurred; you shall have no right to request to refund the tuition fee for such classes.
6. You shall not, by way of bots or otherwise, change, delete, or destroy, the data or equipment of the Platform. You shall not utilize loopholes (if any) embedded in the design of the Platform, bypass the security measures to change, delete, or collect the data on the Platform, or use techniques that may otherwise affect the operation of the Platform.
7. You agree to abide by the Platform's policy for reservation, cancelling, or rescheduling the class. You shall cancel or reschedule the class at least 12 hours before the class starts. If you cancel or reschedule the class within 12 hours, the Tutor Member shall have the right to decide whether to refund the class to you with AT credits or reschedule another lesson. If there are any disputes, please contact AmazingTalker’s customer services within 3 days from the disputed class (i.e., if the class is open on Sep.22, please contact AmazingTalker no later than Sep.24, 23:59.). If you fail to raise the dispute in time, you may not obtain any refunds (AT credits and cash) or reschedule any class.
8. You shall not abuse any rewards, coupons, make yourself or others to receive unlawful benefits, or otherwise use the marketing and rewarding policies not explicitly permitted by the Platform.
9. In case of disputes arising from the payment or refund, you shall endeavour to cooperate with the Platform by providing relevant information for investigation and cooperate with banks, financial institutions, or other relevant authorities to complete the investigation process.
10. You shall not solicit or entice away any Student Members or Tutor Members, or encourage them to leave or cease to use the Platform, or try to do so.
11. You shall maintain the function and operation of the teaching evaluation. In no way you shall use bots or otherwise to affect the evaluation of Tutor Members, or affect others’ assessment of a specific Tutor Member by way of benefits, threats, intimidation, or otherwise.
12. You shall not use the Platform for false or illegal transactions.
13. You shall not infringe upon the rights of the Platform or Members, including the infringement of others’ copyrights, trademarks, patents, trade secrets, and other intellectual property rights.
14. You shall not upload information publicly via the Platform, send a private message, or make comments or do such acts during classes that involve indecency, obscenity, defamation, inaccuracy, abusiveness, unlawfulness or otherwise that can make others uncomfortable. You shall not harass, or send messages irrelevant to the courses to, other Members.
15. You shall not, by words or conduct, harass, hurt, threaten, or stalk other Members of the Platform.
16. You shall not discriminate against Members of the Platform, by words or conduct, based on race, social class, language, ideology, religion, political opinion, ancestral home, place of birth, gender, sexual orientation, age, marriage, appearance, facial features, physical and mental disabilities, horoscope, blood type, etc.
17. You shall not promote for profit or non-for-profit advertisements through the Platform for yourself or on behalf of others without the written consent of the Platform.
18. You shall be bound by the terms and conditions set forth under the Service Agreement of the Platform as per the principle of good faith and shall abide by the local laws and regulations as applicable in your jurisdiction and shall not engage any misconduct that may harm the Platform, Members, or third parties.

Data ownership and Safe Use Policy
1. Ownership of this platform: The Platform, all creations, trademarks, patents or other intellectual property rights belong to the Platform or a third-party so authorized. Unless otherwise specified under the Service Agreement, the Platform does not grant you any express or implied rights.
2. Member Ownership: Subject to the preceding article, the copyright and data (“Student Member Content”) in connection with what you have created, uploaded, stored, and published on the Platform shall belong to you. You agree and undertake that you have the proprietary rights of Student Member Content and do not infringe the rights of any third party. In cases where you notice any infringement, please contact us immediately and provide the relevant evidence.
3. Student Member Content Authorization: You hereby grant irrevocable authorization to the Platform to use Student Member Content, free of charge, on a permanent, non-exclusive, and transferable basis. You agree that the Platform can use the Student Member Content by virtue of, including but not limited to, the following manners: viewing, reproducing, modifying, issuing, distributing, public presentation, public broadcasting, public release, public performance, and public transmission, on a paid basis or free of charge, in order to maintain, upgrade or amend the function, or promote, market this Platform.
4. Privacy expectation: You understand and agree that the Platform is a public forum with a variety of users. All information you upload, store, and publish is not confidential, which information includes, but not limited to, your comment made on the Platform, the recording of your tutorial, the communications between you and the Platform or other Members through the Platform. Please pay attention to your privacy and data protection.
5. Security control mechanism

Dispute Resolution
1. Principles of Dispute Resolution: The services provided by the Platform are designed to match Student Members and Tutor Members and facilitate them to conclude a Teaching Service Agreement. As a general rule, the Platform will not interfere with disputes between Student Members and Tutor Members under the Teaching Service Agreement.
2. In cases where the Student Member and the Tutor Member both agree to terminate the Teaching Service Agreement, the Platform may assist in making refund to the Student AT Account of that Student Member, as per Article 5 of this Service Agreement.
3. Lodging Complaints: any complaints in connection with the refund under the Teaching Service Agreement may, in an exceptional case, be lodged in wiring, by either the Student Member or the Tutor Member, to the Platform, which will be subject to the dispute resolution process specified by the Platform. However, the complaint shall be lodged within 3 days following the dispute; the Platform has the right to reject to address it in case it fails to meet the requirements or the prescribed timeframe.
4. Deliberation of Dispute Resolution: both parties shall provide relevant evidence to support the facts needed for dispute resolution purpose. The deliberation of the dispute resolution shall be done in writing; the Platform may, however, invite both parties to a designated venue for oral presentation, if the circumstances so justify.
5. Handling of the Dispute Resolution: the Platform may, having regards to all evidence, determine whether the Teaching Service Agreement shall be performed. If either party to the dispute has the valid reason to terminate the Teaching Service Agreement, the Platform may make proper adjustment to the disputed Order, or make the refund to the Student AT Account for the unused tutorials. If the facts are not clear enough for the Platform to make decisions, the Platform may, as the case may be, make the refund to the Student Member in cash, and negotiate with the Tutor Member in relation to compensation.

The Legal Effects of Breach of this Service Agreement
1. Where the Student Member violates the Service Agreement, the Platform may adopt the measures, which include but not limited to:
  1. Remove any such content from the Platform or any other platforms under the control of AmazingTalker as and when we consider appropriate and necessary;
  2. Suspend the account of that Student Member who violates the terms and conditions hereunder (e.g., suspend the Student Member’s right to attend classes or his/her use of AT Credits);
  3. Terminate the account of the violating Member.
2. In the event that the Student Member violate this Service Agreement, AmazingTalker may adopt all or part of the measures listed in Article 9.1 on Platform’s sole discretion.
3. In cases where a Student Member account is suspended or terminated, he/she cannot access the Platform either temporarily or permanently. The Platform reserves the right to suspend or terminate any Student Member’s account without prior notice. If the membership is terminated, the Member may no longer access, change, or delete the information stored or uploaded onto the Platform.
4. In cases where Student Member breaches this Service Agreement that results in the termination of this Service Agreement, AmazingTalker may elect to refund by cash, rather than through the Student AT Account, to terminate the services provided by the Platform to that Student Member. At aforesaid situation, the Platform may deduct the liquidated damages and penalties then refund to the Student Member. For the avoidance of doubt, the liquidated damages and penalties shall be 20% of each Order.
5. If the Student Member attempts to evade the payment of tuition fees, or cause others to do so, the Student Member shall pay the fees due to the Platform in full.

Liability and Exclusion
1. The Student Members and the Tutor Members shall be resposiblef to the authenticity and accuracy of the information provided by Student Members or Tutor Members for the enrolment on sign-up page and whether such information is compliant with the applicable laws.
2. Tutor Memberss shall be resposible to the description and guarantee in relation to their teaching experience, work experience, teaching effectiveness, and all other teaching quality related matters, and whether such information is compliant with the applicable laws.
3. Tutor Memberss shall be resposible to the teaching methods, contents, teaching materials and their quality are compliant with the applicable laws.
4. The Platform provides no guarantee to the authenticity, safety, and accuracy of the content, advertisement, or other information owed by third parties rather than the Platform for the purpose of business operation, and whether such information is compliant with the applicable laws.
5. The Platform provides no guarantee to the suspension or interruption of the services that arise from the fault of a third-party supplier.
6. The Platform provides no guarantee to the suspension or interruption of services as a result of force majeure such as war, major fire, flood, typhoon, earthquake, outbreak of contagious diseases.

Termination of The Service agreement
1. Student Member may terminate the Service Agreement with the Platform at any time. However, the existed Orders and Teaching Service Agreements prior to the termination shall not be affected.
2. The Platform is still obliged to assist Members in performing their obligations already incurred under the Teaching Service Agreement prior to the termination of the Service Agreement.
3. Student Members and Tutor Members shall continue to perform their obligations already incurred under the Teaching Service Agreement before the Service Agreement is either terminated by Student Members or Tutor Member, or both. The Platform may, insofar as it performs its obligations under the Service Agreement continue to charge Student Members services fees and surcharge in connection with the use of the Platform.
4. The Teaching Service Agreement becomes legally binding where a Student Member selects a Tutor Member and course package and completes the payment of tuition fees. To perform the obligations under the Teaching Service Agreement already incurred prior to the termination of the Service Agreement, the Platform may, at its discretion, enable Student Members to access, in whole or in part, various functions featured on the website and maintain the information published or posted by Student Members within certain period following the termination of the Service Agreement. The Platform shall have the right to keep and use the teaching evaluation, records of communications, and tutorial recordings that were made available before the termination of the Service Agreement.
5. This Article, the terms and conditions under Article 5, 8, and 9 and Article 12 shall survive after the termination of the Service Agreement.

Liability for damages and ceiling

Miscellaneous
1. This Platform is operated and powered by AmazingTalker Limited, a Hong Kong company with its registered address at Office C, 6/F, Tower A, Capital Tower, 38 Wai Yip Street, Kowloon Bay, Kowloon, Hong Kong.
2. The Terms of Service constitute the entire agreement between you and the Platform in connection with the use of the Platform.
3. In cases where the Platform has not exercised any of the rights under the Service Agreement, it shall not be deemed as the Platform as waiving that such rights. In cases where some of the terms and conditions under the Service Agreement are declared void or unenforceable through court judgments, the remainder shall stay in effect and enforceable.
4. You agree that the email used by you to sign up on this Platform shall be considered as the way in which you communicate with the Platform.
5. For any inquiries about the Service Agreement, please contact the customer services of the Platform. The Platform may reject to handle the inquires if such inquires fail to meet the formality requirement.
6. The Service Agreement and the Terms of Service shall be governed by the laws of the Hong Kong Special Administration Region. The Platform and the Members agree to submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administration Region.

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