OCTOPED TUTOR
TERMS & CONDITIONS

Article 1 (General Rules)

  1. This Octoped Tutor Terms and Conditions (the "Terms and Conditions") sets the terms and conditions for using the Octoped Tutor’s service (the "Service") provided by www.octopedtutor.com (the "Company"). Users of the Service (the “User”) are required to accept the Terms and Conditions and the Octoped Tutor membership agreement that is separately set forth by the Company with respect to the use of the Service.

  2. The User acknowledges and agrees that help pages, guide pages and any other pages designated by the Company are an integral part of the Terms and Conditions.

  3. The Company may at its sole discretion make amendments to the Terms and Conditions without giving notification to the User. Any amendments made to the Terms and Conditions are considered to be made effective when such amendments are published on the Service. It is deemed that the User has agreed to the amended Terms and Conditions when the User uses the Service after such amendments.

  4. The Company is entitled to record and save inquiries and any other information posted by the User and if deemed necessary, the Company will collect and store images and videos, including without limitation class scenes (collectively “Information”), taken in the course of the Service. The Company only uses information for the purpose of operating and managing the Service properly. By agreeing to the Terms and Conditions, the User agrees that the Company may store and use the Information.

 

Article 2 (Applicability of these Terms and Conditions)

  1. The Terms and Conditions are applied to any information that is notified by the Company by methods including but not limited to the Service's application software or email.

  2. The User may enter into separate agreements with the Company (the “Separate Agreements”). In such cases, the Separate Agreements shall supersede.

 

Article 3 (Application to Register with the Service)

  1. In starting the Service, the User is required to register with the Service in a method designated by the Company. When applying for the registration, the User is required to agree and comply with the following items.

    1. The Users shall install the version of software recommended by the Company.

    2. The User shall verify that her/his communications environment does not hinder the use of the Service.

    3. Users who are under age in an applicable law shall obtain consent from a legal representative, such as a parent or guardian.

    4. The User shall use the payment methods designated in Article 6 (Usage Fees and Payment Methods) of these Terms and Conditions to pay for the fees for the Service.

    5. Lessons of the Service are provided by subcontractors of the Company (the "Tutor").

    6. The Company may use emails to send User notifications, questionnaires, and any other information in relation to the Service.

  2. The User registration for the Service will be deemed completed and approved when the User receives the email confirming the completion of registration by the Company.

  3. The Company may refuse the use of the Service, cancel the User’s registration or delete the User’s registered account if any of the following has occurred or is found.

    1. The registered User does not exist.

    2. The User violated the terms and conditions, or the applicant was rejected at the time of application or terminated in the past.

    3. If the User's registration information is deemed false, incorrect or incomplete.

    4. If the payment services company designated by the Company refused to accept settlement by the User.

    5. If the user has created multiple accounts.

    6. Any other behaviour that is deemed inappropriate by the Company.

Once registration is complete, the User is permitted to start using the Service on the day the first payment for usage fees (the "Starting Date") has been confirmed by the Company in accordance with Article 6 (Usage Fees and Payment Methods).

 

Article 4 (Handling of Registered Information)

  1. Before starting the Service, the User is required to provide designated information for registration of the Service (“Registered Information”). The User agrees that the Company may automatically collect data of the User’s computing device and an in part or in the whole of the data extracted from information provided by the User with regard to the use of the Service (the “Data”). In case Registered Information or the Data constitute the User’s personal identifiable information (“PPI”) in applicable laws, the Company is required to collect and use PPI in accordance with Company’s Privacy Policy.

  2. The User agrees that the Company will collect the Data only for the purposes listed in the following sub-articles.

    1. Operational management and offer of the Service

    2. Responding to queries as to products (services) and their function

    3. Processing order from the User

    4. Answering queries of the User

    5. Communication with the User

    6. Notification of necessary updates or any other information related to the Service

    7. The User’s account management

    8. Facilitation of technical assistance (including but not limited to troubleshooting, security and prevention of fraud or deception) within the Service

    9. Surveying and marketing for promotion of the Service

    10. Analysis of the use of the Service

    11. Improvement and development of the Service

    12. Research

    13. Compliance with regulations or orders from public bodies

    14. Ensuring the safety or integrity of the User, employees, third parties including outsourcing contractors, the public and the Company’s service.

  3. The User agrees that the Company may outsource a part or whole of the operation of the Services to third parties (including but not limited to business partners or service providers)

  4. Except as described in the preceding Article 4.3 above, the Company will not disclose to third parties any Registered Information without the User’s prior consent; provided, however, that the Company may disclose Registered Information without the User’s prior consent in the cases described in the following sub-articles.

    1. If ordered to disclose by law.

    2. If refusing to disclose information will cause harm to the public interest, it is difficult to obtain prior consent from the customer.

    3. If required to cooperate with national organizations or local public bodies (including their subcontractors) in order to comply with the law, and if contacting the customer to obtain consent may hinder the compliance with said law.

    4. If necessary for the Company to exercise its justifiable rights.

 

Article 5 (Changes to Registered Information)

The User acknowledges that Registered Information needs to be maintained accurate and updated as appropriate, and if any changes will be made to the Registered Information, those changes are immediately made by the User through methods designated by the Company. The User agrees that the Company will not be liable for any damages, losses or inconvenience attributable to the User’s act or omission.

Article 6 (Service Fees, Monthly Subscription and Payment Methods)
1.    The User is required to pay the Service Fees and any relevant taxes (including consumption tax or VAT, collectively referred to as “Service Fees”) for using the Service.
2.    The User is required to pay the Service Fees through designated payment methods on the Octoped Tutor website.
3.    For all tutor plans, no refunds will be made after payment of the Service Fees unless the Service is unable to be provided to the User for reasons due to grounds attributable to the Company.
4.    For all tutor packages, the Service Fees must be fully paid upfront at the beginning of the Usage Period.
5.    The User may subscribe to our Monthly Subscription scheme. Under this scheme, the User shall pay monthly Service Fees, as determined by the Company, and avail of lessons on a regular basis.
6.    Under the Monthly Subscription scheme, the User shall be charged the Service Fees on a month-by-month basis i.e., every month Service Fees will be charged to the User.
7.    Under the Monthly Subscription scheme, the User may cancel his/her subscription at any point however, the User shall not be refunded any amount for the amount already paid for lessons.
8.    Any coupons, discounts and marketing campaigns (the "Promotions") that are given for the Service are at the discretion of the Company. The Company shall not be obligated to give advance notice of the Promotions to the Users. Furthermore, the consumption of the Promotions in a timely matter is the responsibility of the User. If for any reason payments are interrupted, the Company is not responsible to reinstate or extend the promotions.

Article 7 (Lessons)

  1. Lessons will run for 50 minutes, 25 minutes or 15 minutes each depending on which type of lesson (Private VIP+, Private VIP, VIP Accelerator, VIP Accelerator+,  Add-On Package or Level Test) and may not be extended or interrupted unless specified otherwise. If the user will be late for participating in the lesson, the User agrees that the length of the relevant lesson will be shortened accordingly.

  2. Whether or not the User is responsive to the Company or the Tutor assigned to the Lesson (the “Assigned Tutor”), if the lesson does not start within 15 minutes from the designated starting time, the Company may conclude that the User is not ready for or will not attend the lesson; therefore the Company is entitled to terminate the lesson as an abandoned one.

  3. If the user repeatedly fails to attend lessons without any prior notice or conducts any inappropriate behaviours during lessons, the Company may send warnings to the User, to request improvement or other similar notifications.

  4. The Company will not compensate for any damages, losses or inconvenience due to missed lessons, or unbooked or unattended lessons.

  5. If a lesson is shortened more than 5 minutes due to reasons attributable to the Assigned Tutor, the Company is required to compensate for the lesson with a Transfer Pass as defined in Article 7.4. Whether the Assigned Tutor is responsible for the delay or not is reasonably judged by the Company and the Company is not obligated to explain the reason for the judgement.

Article 8 (Lesson Bookings)

  1. The User is entitled to book lessons 48 hours before the designated starting time of the lesson subject to the availability of lessons.

  2. The User is entitled to cancel the booked lesson 24 hours before the designated starting time on the Service’s web page (the “Website”) in a method separately designated by the Company.

  3. The User may book a lesson up to 30 days in advance. However, the maximum number of lessons to be booked will vary depending on the service the user has purchased.

  4. The booking of the lesson will be completed when the status of the User’s booking is appropriately reflected on the Website.

  5. The Company may cancel a user’s booked lesson if the Assigned Tutor is unable to have the lesson due to unavoidable reasons. In this case, the Company will compensate the User with a relevant Transfer Pass as described in Article 7.4.

  6. The User agrees that if the cancellation in Article 9.5 is considered to be caused by grounds not attributable to the Company, the Company is entitled to cancel the lesson at its own discretion and the Company is not obligated to explain the reasons or the details of the cancellation.

 

Article 9 (Feedback of Lesson)

  1. The User is entitled to give feedback (including evaluation and comment of the lesson or the Tutor, collectively “Feedback”) to the relevant lesson within 48 hours after the lesson ends.

  2. The User is not able to revise, update or delete content once Feedback has been posted.

  3. The Company may conduct a review of Feedback and display Feedback after the Feedback is considered appropriate. The Company is not obliged to explain the reason if Feedback is not displayed on the Website.

  4. The Company is entitled to remove or delete Feedback displayed on the Website without any prior notice if content of Feedback is deemed inappropriate. In such cases, the User agrees that the Company is not obligated to explain the reason.

  5. The User agrees that the Company may use, without limitation, any comment that the User posts as Feedback on the Website or the Service’s social media for the purpose of promotion or publication of the Service.

Article 10 (Prohibited Behaviour)

  1. The User is prohibited to conduct any of the behaviours listed in the following sub-articles when taking lessons or for any other use with regard to the Service.

    1. To transfer, make other people use, sell, change the ownership of, pledge or mortgage the User’s right of use of the Service.

    2. To transfer, loan or make third parties use passwords and or any other information related to the User's account.

    3. To infringe or violate the Company’s, tutor’s or any other third parties’ rights of or in connection with honour, credibility, copyright, patent rights, utility model rights, design rights, trademarks, publicity, or privacy.

    4. To conduct Illegal behaviour or any other behaviour that is against the public order, policy, and morals.

    5. To hinder the operation of the Service.

    6. To use or take advantage of the Service for the purpose of the User’s own business or commercial activity (including its preparation).

    7. To encourage, cause or promote illegal behaviour among other Users or Tutors.

    8. To cause other Users or Tutors to suffer financial, economic or emotional damage, or any other inconvenience or disadvantage.

    9. To commit a crime, or conduct inappropriate behaviour in taking lessons.

    10. To hinder the operation of lessons or conduct inappropriate behaviour in taking lessons.

    11. To consume alcohol or smoke during lessons or to participate in lessons while drunk.

    12. To be in underwear, be insufficiently dressed or wear immodest clothes causing the Tutor to feel uncomfortable or embarrassed while conducting the lesson.

    13. To disclose or to try to disclose lesson content, images, videos, recordings, the content of inquiries to the Company and its answers without prior permission from the Company.

    14. To disclose or leak any confidential information that the Company does not disclose as a general rule, such as the employment terms of Tutors, the location of the call centre, and information about the Internet communication system.

    15. To solicit, recruit or persuade Tutors to be a member of a religious or political organization, multi-level marketing systems or any other group.

    16. To make personal contact with Tutors, either directly or indirectly through agents, online or offline through email or any other social communication tools such as social media.

    17. To recruit or encourage the Tutor to be contracted with other companies or any other legal person who offers competitive or similar services.

    18. To use abusive language or to take aggressive behaviour towards the Company or the Tutors, or to hinder the operation of the business.

    19. To allow people other than the registered user to have access to or use the registered account.

    20. To register multiple accounts.

    21. To allow people other than the registered person, to participate in lessons without permission from the Company.

    22. To ask for Transfer Pass with reasons other than those demonstrated in Article 7.

    23. To repeat cancellations or absences of the booked lessons.

    24. To try to obtain the schedules of Tutors or to make arrangements with Tutors through methods unrelated to the Service.

    25. To post a comment that is not related to the Service or those prohibited in Article 11.a sub-articles, or intentionally review lessons in a manner not reflecting the facts.

    26. To repeat posting bad ratings on lessons.

    27. To excessively repeat inquiries to the Company or to make excessive demands to the Company.

    28. Any other behaviour or action that is not listed above and the Company considers being inappropriate.

  2. The Company is entitled to make a judgement as to whether a User’s behaviour will be applied to the prohibited action as defined in Article 11.a at its sole discretion and is not obliged to explain the reason.

  3. The Company will not be liable for any damage or inconvenience which is caused by the Company’s judgement and is suffered by the User, unless it is proved to be made by gross negligence.

  4. Regardless of whether the User has cancelled the membership of the Service, the User will bear responsibility for any damages, losses or inconvenience to the Company or any third party (the “Damages”) if the Damages are attributable to the User’s breach of either of the sub-articles in Article 11.a.

 

Article 11 (Suspension, Interruption, and Cancellation of the Service)

  1. The Company may suspend, interrupt, discontinue or cancel the class pass of the User (the “Suspension”) without any notice if the Company finds that any of the sub-articles below are applicable to the User.

    1. No improvement can be expected from the User after a warning or any other similar communication notice as described in Article 8.3 is given.

    2. If the User engages in any of the prohibited behaviours provided under Article 11.a.

    3. If the User violates any of the rules defined in the Terms and Conditions.

    4. The User has not followed instructions by the Company or the Assigned Tutor.

    5. When there are reports of the User’s inappropriate behaviour from the Assigned Tutor.

    6. For any reasons other than those listed above that the Company considers to be inappropriate for the User to use the Service.

  2. No refund will be made by the Company if the Suspension is applied due to any of the reasons specified in Article 12.1.

  3. The Company will not be liable for any damages, losses or inconvenience suffered by the User as a result of the Suspension specified in Article 12.1.

 

Article 12 (Notifications from Company)

  1. The Company may send notifications of the Service to the email address which is registered by the User (the "Designated Email Address") on Octoped Tutor’s Account Information Page (Collectively, the “Pages”). The notifications are considered to be received by the User at the time the email was sent to the Designated Email Address.

  2. The User is required to register the same Designated Email Address on the Pages specified in Article 13.1, and maintain an environment to receive notifications from the Company.

  3. In case the User changes email addresses, he/she is required to update the Designated Email Address on the Pages specified above. The Company will not bear any responsibility for the Damages suffered by the User due to the failure to maintain an updated email address as required above.

 

Article 13 (Service Interruption/Termination)

  1. The Company may decide, at its own discretion, to change the content of the Service, or to suspend or terminate a part or whole of the Service (collectively, the “Change and Termination”). A notification will be given to the User through the Website or to the Designated Email Address. However, the User acknowledges that the Service may be interrupted or discontinued without any notice due to any reasons beyond the Company’s control.

  2. The Company will make a reasonable effort to notify the User beforehand of the cancellation of the lesson(s) due to regular service maintenance or any unavoidable reasons (the “Cancelled Lesson”) through information on the Website or email. The User agrees that neither a refund nor a class pass will be provided due to the Cancelled Lesson.

  3. The Company will not bear any responsibility for any damage or inconvenience (including the Cancelled Lesson) suffered by the User or any third parties due to the Change and Termination.

 

Article 14 (The User's Responsibility)

  1. The User will bear all responsibility for any behaviours whatsoever with regard to the use of the Service and for any results or consequences thereof.

  2. The User will be liable for any damages or losses to be suffered by the Company, the Company's staff (including its officers, representatives, employees) the Tutors (including the Assigned Tutor), other Users, or any other third parties with regard to the use of the Service (including the User’s non-compliance with the Terms and Conditions).

 

Article 15 (Copyright and Ownership)

  1. The copyright and ownership of the video recordings, pictures, voice recordings, trademarks, logo marks, text, and other materials (the “Intellectual Property Rights”) that are used related to the Service belong to the Company or any other party granting the license to the Company. The User is prohibited without approval from the Company to use, copy or upload on magazines or websites, or distribute Intellectual Property Rights to third parties.

  2. If the User violates Article 16.1, the Company may take legal procedures (including but limited to sending a warning or complaint, claiming compensation for damages or losses, and requesting an injunction) against the User in applicable laws.

Article 16 (Disclaimer)

The User agrees that the Company will not be liable for any damages, losses or inconvenience caused by, or caused in relation to, the situations listed below.

  1. Even If the User is not satisfied with the Service due to the following reasons:

    1. The User is unable to book a lesson at the desired date or time.

    2. The User is unable to book a lesson with the desired Tutor.

    3. The User is unable to take the booked lessons.

    4. ( iv ) The lesson is interrupted, suspended or discontinued due to power outages, network disturbance, communication system failure or any other issues which occurred near the residence or location of the Assigned Tutor and are beyond the reasonable control of the Assigned Tutor or the Company.

    5. ( v ) The User suffers trouble(s) or damages attributable to illegal access or modification of the user’s information or any other form of illegal or malicious practice by third parties.

  2. The Service or lesson provided by the Service and its educational effectiveness, validity, accuracy, or authenticity.

  3. The service of the third parties or the materials introduced or recommended by the Company in relation to the Service and its effectiveness, validity, safety or accuracy.

  4. If the User faces troubles or inconvenience due to the environment which is not recommended by the Company.

  5. If the User faces troubles or inconvenience due to the Website or content which is operated or provided by a third party and is linked from or to the Website.

  6. If the User is unable to use the Service due to malfunctions, issues, or any other problems attributable to the Software, the Third Party’s Software or any other services provided by the Company’s designated business partners.

  7. If the User’s hardware is infected or affected by a computer virus through files, images or any other materials opened or downloaded at the User’s own risk.

  8. If the User is unable to use or get access to the Service due to loss of password or any other reasons attributable to the User.

  9. Any information provided on the Website is complete, accurate, updated and safe.

 

Article 17 (No guarantee)

The User agrees that the Company will not guarantee whatsoever with regard to the following sub-articles:

  1. The User is able to book lessons at the desired times or with the desired Tutor.

  2. The lesson of the Service is educationally effective, valid, accurate, suitable and authentic.

  3. The Service is properly provided in the environment recommended by the Company.

  4. The Software, the Third Party’s Software provided or recommended for use or used in relation to the Service is safe.

  5. The Information, links, URLs and files provided during the use of the Service or on the Website is complete, accurate, maintained updated and safe.

  6. Use of website operated by the third parties and any information which is linked from or linked to the Company is accurate or safe.

 

Article 18 (Business Transfer)

The User agrees that in case of transfer of Service to a third party, the Company is entitled to transfer to the transferee all the rights and obligations under the Terms and Conditions, including but not limited to the Company’s legal status as a provider of the Service, the User’s membership status of the Service, the User’s registered information and any other relevant data.

 

Article 19 (Severability)

If any provision of the Terms and Conditions is found to be void, invalid or unenforceable by a court or a consumer contract act of competent jurisdiction, the validity of the remaining provisions will not be affected in any way. In such a case, the User agrees to replace the invalid or unenforceable provision with a provision closest possible to the original intent of the invalid or unenforceable provision.

 

Article 20 (Service Date/Time Displays)

  1. In using the Service, all relevant dates and times such as the Starting Date, the due date for the Service Fees, deadlines for various applications are displayed based on the service target country’s time zone.

  2. Time within the Service is counted or calculated in accordance with the criteria of the Company.

 

Article 21 (Governing Law and Exclusive Jurisdiction Court)

The Terms and Conditions are governed by and interpreted solely in accordance with the laws of Singapore, without regard to principles of conflicts of laws. The User agrees that any disputes arising between the Company and the Users in relation to or in connection with the Service and the Terms and Conditions will be resolved under the jurisdiction of the Singapore District Court as the exclusive court.

 

 

Effective from: 4th December 2021

Latest revised: 7th July 2022