Last Modified: May 13, 2020
These Terms and Conditions (hereinafter referred to as “Agreement”, “Terms and Conditions” or “Terms”) are a legally binding agreement between you an individual (the “User”, “You”, or “Your”) and Techgenic Pte Ltd (“Company”, “We”, “Us”, or “Our”) owner and operator of www.tutornomy.com (“Website” or “Site”) and the Tutornomy mobile application (“App”).
The Website, Site and App hereinafter collectively referred to as “Tutornomy” or “App”. The App is made available to you in accordance with the laws of Singapore and other applicable regulations.
WE DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY TUTORING SERVICES OFFERED THROUGH THE APP, AND WE WILL NOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING MONETARY OR PERSONAL LOSS) ARISING FROM OR CONNECTED WITH THE USE OF THE APP. ANY DECISION TO USE THE APP AND TUTORING SERVICES OFFERED THROUGH THE APP IS ENTIRELY AT YOUR OWN RISK.
THE COMPANY IS UNABLE TO PROVIDE YOU WITH THE TUTORNOMY SERVICE WITHOUT CERTAIN LIMITATION OF ITS LIABILITY AND DISCLAIMERS AS OUTLINED IN THIS AGREEMENT. THESE PROVISIONS FORM AN INTEGRAL PART OF THIS AGREEMENT, AND IF YOU DO NOT AGREE WITH THESE LIMITATION OF COMPANY’S LIABILITIES AND DISCLAIMERS, PLEASE DO NOT USE THE APP.
Unless explicitly stated otherwise, the following terms in the Agreement will have the meaning as defined hereunder:
“Job” – refers to a question posted by a Student on the App seeking help from tutors.
“Tutornomy Credits” – credits are required to post a question through the App.
“Tutornomy Service” – refers to all the Website and App features and functionality offered by the Company.
“Student” – refers to a registered Student account holder/User who uses the Tutornomy Service to posts a question through the App.
“Tutor” – refers to a registered account holder who has been approved by the Company to offer tutoring session through the App.
“Tutoring Agreement” – refers to the Agreement between the Tutor and the Student, where the Tutor who is awarded the Job agrees to assist the Student with the question posted on the App.
“Tutoring Session” – refers to the live chat session where the tutor who is awarded the Job responds to the Job posted by a Student.
“User” – includes anyone who accesses, browses, visits, uses Tutornomy Service and includes any reference to Student, Tutors and You.
All Users under the age of eighteen (18) are required to obtain their parent/s or legal guardian/s consent to enter into this Agreement. By granting their consent to the use of Tutornomy App, your Parent(s) or Legal Guardian(s) take full responsibility for your actions on the App; any charges associated with Tutornomy credit purchases; and your acceptance and compliance with this Agreement. By proceeding to use the App you represent and warrant to the Company that you have the requisite capacity and authority to use the App.
IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, YOU MAY NOT DOWNLOAD THE APP OR ACCESS THIS SITE, AND YOU ARE EXPRESSLY FORBIDDEN FROM PROVIDING ANY PERSONAL INFORMATION TO US. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF THIRTEEN YEARS.
ALL INFORMATION AND CONTENT ON TUTORNOMY INCLUDING BUT NOT LIMITED TO ANY BLOG POSTS, ARTICLES OR COMMENTS ARE MADE AVAILABLE FOR YOUR GENERAL INFORMATION PURPOSES ONLY. ALTHOUGH WE TAKE ALL REASONABLE STEPS TO ENSURE THAT INFORMATION ON THE APP IS ACCURATE, COMPLETE AND UP TO DATE, WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION. TUTORNOMY CONTAINS VAST AMOUNT OF INFORMATION AND ERRORS ARE POSSIBLE. WE HEREBY DISCLAIM ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR CLAIM ARISING FROM RELIANCE UPON ANY MATERIAL AVAILABLE / FOUND ON OUR APP. ALL INFORMATION IS PROVIDED TO YOU ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY, ITS AFFILIATES, ASSOCIATES AND PARTNERS DO NOT MAKE ANY REPRESENTATION OR OFFER ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR SUITABILITY OF ANY INFORMATION AVAILABLE ON TUTORNOMY FOR ANY SPECIFIC PURPOSE. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH THE APP IS SOLELY AT YOUR OWN RISK.
Tutornomy is a unique App that enables students to find instant academic help from qualified Tutors anywhere and anytime whilst allowing qualified Tutors to earn additional income by rendering tutoring services on the go. Tutornomy is currently available on iOS App Store as well as on Google Play. Users can easily download the App on their mobile device and register their account to start using the App features and functionality.
Students can create their Tutornomy account for free by providing some basic personal data however to post a job Students must purchase Tutornomy credits in accordance with Payment and Refund provision as set out in section 6 of these Terms. Students can either type their question or use the camera of their mobile device to take a picture of the question and post that on the App.
Once a job is posted by a Student, it is broadcasted to the Tutor community, and the Tutor who selects the job first can start a tutoring session with the Student.
Tutors are required to apply to join the App by registering an account on the App and providing all requested documents as outlined in the Account Set-up and Safety provision in Article 5 below. The selection criteria for Tutors is determined by the Company in its sole discretion, and the Company reserves the right to refuse an account to any User without giving any reason for its decision.
Tutornomy credits are redeemed when a Student posts a job through the App. Students can only redeem Tutornomy credits to post jobs through the Tutornomy App. In the event you wish to post a job that exceeds the amount of Tutornomy credits that you have available in your account, you will be required to purchase additional Tutornomy credits. Please note that Students cannot redeem Tutornomy credits for cash-back and/or sell or transfer their Tutornomy credits to any third-party account. Any unused Tutornomy credits will expire twelve months after the date of purchase. The Company neither represents nor warrants that a Student will be able to use the Tutornomy credits to purchase all products offered by the Company.
Students can post and ask one question per tutoring session. The job is awarded to the first tutor who selects to answer the question from the Tutor community. Students cannot select the tutor who answers their question nor reject the tutor who selects to answer their question, or cancel/edit the job after it has been accepted by a tutor on the App.
The Tutor delivers the tutoring session via live chat, and once the tutor and the Student are in agreement that the question has been answered the tutoring session comes to a close. As a general rule, a Tutor will not close a session without Student’s agreement; however, if the Student is inactive or fails to respond for more than sixty (60) minutes, the session may be closed by the Tutor unilaterally.
The Company reserves the right to use Tutor’s rating and review for any performance management purposes that the Company in its sole discretion deems fit.
The Tutors are paid a fixed commission fee per tutoring session, and the withdrawal of the Tutor’s commission is in accordance with our Payment Policy, as outlined in section 6 of this Agreement.
If a student wishes to ask the same question again at the end of a tutoring session, the Student will need to post the question again as new and initiate a new tutoring session. The question will be treated as a new question, and Tutornomy credits will be required to post the question again. The question may be answered by a new Tutor who selects the Job first.
Please note that the Company only enables a connection between Students who need academic help and qualified Tutors who are able to offer academic help through the App. The Company does not have any control over the quality, legality, delivery and timing of the Tutoring Session offered by a Tutor through the App or any other aspect whatsoever of any User behaviour on the App. The Company cannot be held liable for any misrepresentation by any User or for any actions or omissions whatsoever of any User.
ALL TUTORING AGREEMENTS ARE BETWEEN STUDENTS AND TUTORS ONLY. AT NO TIME WILL THE COMPANY BE HELD RESPONSIBLE FOR THE FAILURE OF EITHER PARTY TO MEET ITS OBLIGATIONS UNDER THE TUTORING AGREEMENT. PLEASE NOTE THAT THE COMPANY DOES NOT OFFER ANY TUTORING SERVICES TO STUDENTS AND WE DO NOT SUPERVISE, DIRECT, CONTROL, VERIFY OR QUALITY CHECK ANY TUTORING SERVICES DELIVERED BY TUTORS THROUGH THE APP.
WE CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR APP. WE DO NOT TEST ANY SKILLS THAT A TUTOR MAY CLAIM TO POSSESS. WE DO NOT ACT AS AN EMPLOYER OF ANY USER. ACCORDINGLY, ANY DECISION TO USE THE APP WILL BE MADE BY USERS ENTIRELY AT THEIR OWN RISK.
Unless explicitly stated otherwise, the responsibility of the Company is limited to facilitating the availability of the App functionality.
The App will use the User’s personal internet data to operate. The Company will not be held liable for any data charges paid by users in operating the app on their personal mobile devices. Unless expressly stated otherwise, all amounts stated on the App are in U.S. Dollars (USD).
● Students – Payment and Refund Policy
Although Students can install the App for free, they are required to purchase Tutornomy Credits to post questions on the App. All purchase payments are processed via the payment method provided by the Company.
Please note that all Tutornomy credit sales are final and the Company does not offer any refunds for unused or expired credits in your Tutornomy account. You understand and accept that Tutornomy credits are deemed consumed once you post the question on the App. You cannot reuse the same Tutornomy credits after posting the question if you are not satisfied with the tutoring session. In the event of a dispute, you may contact the Company at email@example.com with your session number in the subject line and a description of your issue as outlined in detail in the Dispute Resolution provision in section 16 below.
Should the Company in its sole discretion decide to offer you a full or partial refund, we will process such refund via the original payment mechanism, and it will be made to the account from where the original payment was received, or by another mechanism the Company determines. As the processing of refunds can take time, we do not offer any timeframes for the refunds reaching your account.
Please note that the Company will not offer refunds for unauthorised use of Tutornomy Credits made by another user using your mobile device/login credentials.
The Company reserves the right to amend the valuation of Tutornomy credits, as well as this payment and refund policy by amending these terms anytime without giving any prior notice to you. Any modification in the valuation of Tutornomy credits will not impact the credits that you purchased prior to the date of such amendments.
● Tutors – Commission Withdrawal Policy
Tutors receive a fixed commission amount per tutoring session rendered through the App. The Commission rates are provided to Tutors at the time of account registration, and all payments are made in the Tutor’s bank account in their local currency. If the commission due and payable to a Tutor reaches an amount equal to or more than $1000, the Company will automatically transfer the funds into the Tutor’s nominated bank account provided at the time of user account registration; however, if the amount is below $1000, the Tutor would need to make a cash-out request manually if he/she wishes to withdraw the funds. Please note that there must be a minimum of $250 in Tutor’s Tutornomy Account to request free cash out. All cash out requests for less than $250 will incur a $5 administration fee which will be deducted from the available funds, and the balance will be transferred to the Tutor’s bank account. A Tutor is solely responsible for the payment of his/her own taxes, and the Company will not be responsible for withholding taxes on behalf of the Tutor.
Notwithstanding anything to the contrary, the Company reserves the right to withhold funds from the Tutor’s earnings that have not yet been remitted to the Tutor’s nominated bank account where the Company deems it appropriate. The Company may use the withheld funds to either return Tutornomy credits to a Student who was refunded by the Company for a tutoring session with the Tutor or for another justifiable purpose. In the event a Tutor does not have any funds in their User Account, the Company is also authorised to deduct an amount from the Tutor’s future revenue.
Users can download the App from Google Play or iOS App Store (“App Store”) and create a Tutornomy account to start using the App. Depending on whether the User is registering as a Student or a Tutor, the User will be requested to provide some basic personal information during the account registration process. If you are applying to join the App as a Tutor, please note that you will be required to submit all relevant documentary proof of your qualification during the registration process, including your employment ID where applicable. Please note that we may use two-factor authentication which may require you to provide us with your phone number. By providing us with your phone number, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for sending you a verification text (SMS) message, in order to assist with your account verification. In the event your telecommunication service provider charges you to receive verification text messages, such charges are for your own account, and the Company will not be held liable for the payment of such fees.
We are not under any legal or moral obligation to provide a Tutornomy user account to any User, and we reserve the right to refuse registration of any user account in our sole discretion.
Once your Tutornomy account sign-up is successful, you will be provided with a Username and Password (“login credentials”). Your account is access controlled, and as with all access controlled apps, the system relies upon you to protect your login credentials. You will be solely responsible for any activity under your account regardless of whether you authorized such use or not. You also agree that you will never use another User’s account for any purposes whatsoever or allow another person to use your account.
You release us from any liability arising from or related to any unauthorized access to your
Tutornomy account through your mobile device. If you become aware of any suspicious activity on your account or any security breach, you must immediately notify us at firstname.lastname@example.org. You hereby release us from any liability, claim, or action arising out of or associated with any loss of data, claim or damage arising out of such security breach. You understand that your decision to use the App is entirely at your own risk.
The Company reserves the right to introduce any new in-app paid features and functionalities without giving any notice to you. All in-app purchases will be processed through the App Store from which you downloaded the App on your mobile device.
We reserve the right to immediately suspend or terminate your access to the App if we discover that you have provided inaccurate, fraudulent or incomplete information to us during your account registration process or upon violation of any terms of this Agreement.
You can request to cancel your Tutornomy account by sending us an email at email@example.com with the word “Cancellation” in the subject line. Student account holders can simply cease using our App and/or uninstall the App from their mobile device by following the instructions to uninstall mobile applications from your device without incurring any liability. If you are a Tutor and you notify the Company of your intention to cancel your Tutornomy account, we will transfer the available commission Tutornomy Credits currently in your Tutornomy account to your bank account. Please note that if you have less than $250 in your Tutornomy account, we will deduct $5 administration fee before transferring the balance into your account.
Once your account is terminated, you will no longer be able to log into the App using your login credentials and/or access any content stored under your account. Although a direct consequence of your account termination is that you can no longer log in to your account and access your data, the Company reserves the right to retain any User data for a period of up to three years to fulfil any business and legal obligations.
The Company reserves the right to cancel or suspend your access to the App without incurring any liability if we find that:
● You have violated any provisions of this Agreement;
● Your conduct is harmful to the Company or any of its Users; or
● We cease our business operations for any reason.
If you have been banned from using the App or your account has been restricted or terminated by the Company, you understand that you are strictly forbidden from:
● Creating a new account with different sign-up information;
● Try to acquire access to another User’s account;
● Try to gain access to the app through any other unauthorized mechanism.
You accept and agree that:
● You will not impersonate another User;
● You will conduct yourself in a professional manner;
● You will not post any offensive, obscene, degrading, misleading text, images,
videos, audios or any other media through the App;
● You will ensure that you are aware of any applicable local laws and regulations;
● You agree to pay all amounts due and payable by you to the Company by the
payment method chosen by the Company;
● You agree that you will not use the App and/or any features and functionality
offered by the Company for any unlawful/illegal purposes or in any manner that
may violate the intellectual property or other legal rights of any third-party;
● You agree that you will not provide any false or misleading information to any User through the App;
● As a Tutor you agree to deliver the tutoring session to the Student in accordance
with the spirit and purpose of the App and within the delivery timeframes;
● As a Student, you take sole responsibility to ensure you have received the
assistance before agreeing to close the tutoring session;
● You will immediately notify us of any change in your personal information or any
issues that you may encounter during your use of the App;
● In the event of any dispute, you agree to notify us immediately with a detailed
description of the dispute and make your best effort to assist us in expeditious
resolution of dispute.
● You will not modify, adapt, translate, or reverse engineer any portion of the App;
● You will not request or collect any information about other Users (including names,
phone number, email addresses or home address) for any purpose;
● You will not reformat or frame any portion of the App without the express written
consent of the Company;
● You will not create User accounts by automated means or under false or fraudulent
● You will not submit any content or material on any third-party sites, that falsely
express or imply that such content or material is sponsored or endorsed by the
● You will not transmit any viruses, defects, Trojan horses or other items of a
● You will not copy or store any content offered on the App for other than your own
● You will not take any action that imposes, or may impose in our sole discretion, an
unreasonable or disproportionately large load on our IT infrastructure;
PLEASE NOTE – Tutoring agreements create a legally binding contract between the Student and the Tutor unless the transaction is prohibited by law or by this Agreement if you do not comply with your obligations toward the other party you may be held accountable in the court of law. The Company reserves the rights to cancel or suspend any User account for violation of any provision of this Agreement.
Users agree to make all payments relating to the sale and purchase of tutoring sessions using the Tutornomy credits inside the App. Any action or attempt to encourage or solicit complete or partial payment outside of the ambit of the App will constitute a material breach of this Agreement. We are unable to offer any protections to Users who enter into transactions outside the App. Any violation of this provision gives the Company the right to take any remedial measure it deems fit.
If you enter into correspondence or engage in any transaction, interaction or agreement with any other User, whether online or offline, such activity would be solely between you and such other User. The Company will not be liable or have any responsibility for any such activity.
User-Generated Content refers to any and all content uploaded, posted or shared by a User with another through the App. User-Generated Content includes but is not limited to questions posted by Students and Answers provided by Tutors through the App. By posting, submitting or contributing text, images and other similar content through the App, you represent and warrant to us that you have the requisite intellectual property rights and authority to post the content on the App and that such submission is not contravening anyone’s existing legal rights and/or your obligations towards any third-party. You further grant the Company and its authorized personnel the right to identify you as the author/creator of such User-Generated Content by name, username, or email address where appropriate and/or if required by law.
We do not claim ownership of any User-Generated Content; however, by posting, sharing or contributing User-Generated Content through the App, you expressly grant us irrevocable, royalty-free, nonexclusive, worldwide license to use, distribute, reproduce, modify, adapt, publish, display, create derivative work or share, in print or on any digital media, any of your User-Generated Content, including but not limited to ratings and reviews for Tutors. You hereby waive any claims to future compensation arising from the Company’s use of your User-Generated Content in any form.
You understand that all User-Generated Content is the sole responsibility of the User from whom such Content originated; that the Company will not be liable for any errors, omissions or inaccuracies in any User-Generated Content. Your use of User-Generated Content is solely at your own risk. Please note that the Company does not endorse or recommend any User-Generated Content, and you hereby expressly release the Company from any liability arising out of or associated with your use of any User- Generated Content.
Unless expressly stated otherwise, all content available on the App including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company by our licensors and subject to trademark, copyright and other intellectual property laws and international conventions. All Company Content is provided to you for your personal and non-commercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent will constitute an infringement of our intellectual property rights.
You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content that you do not have rights and licences to use. You understand that any use of Company Content on any website, system or application that is not owned and operated by us is strictly prohibited.
We hereby grant you a limited, non-exclusive, non-transferable license to use the App in accordance with this Agreement.
We reserve the right to prosecute any violations of this provision to the fullest extent permitted by law. You acknowledge that breach of this provision can incur criminal as well as civil liability.
We respect the copyrights of others and do not condone any violations of copyright laws. As a User you are under an obligation not to upload, download, post, transmit, reproduce, republish, distribute or in any way access or make available any content that is protected by copyright laws without the express permission to use such content from the authorized person. You may not use any copyrighted material on the App for any purpose other than for which you have full rights. If we find that our User has violated a copyright of another person or entity, we reserve the right to immediately terminate such User’s access to our App and take any other appropriate remedial actions that we in our sole discretion deem fit.
If you believe that your copyrighted material or content is posted, uploaded or made accessible through our App without your authorization, please contact us via email stated below of and provide us with the following information:
● Identification of the material or content that is claimed to be infringing your copyrighted works or shared without your authorization;
● Your contact information including your name, phone number and email address;
● A written statement by you that you are either the owner of the copyrighted work
or you have been authorized by the owner to communicate with us with regard to the copyrighted work.
When you download our App from Apple Inc’s App Store or Google’s Play Store (collectively referred to as “the Store”), you agree to be bound by this provision. You understand that this Agreement is entered into by and between you and the Company only. You understand that Apple, Inc and Google, Inc are not a party to your Agreement with the Company (Apple, Inc and Google, Inc are hereinafter collectively referred to as ‘App Store Company’).
You understand that the App is licensed to you by the Company, and the App Store Company does not have any legal or moral obligation to offer any maintenance or support services for the App. To the maximum extent permitted by applicable law, App Store Company does not offer any warranties of any nature whatsoever in relation to the App. Therefore any claim, action or dispute arising out of or associated with this Agreement or your use of App offered by the Company must be brought against the Company only.
App Store Company will not be responsible for defending or settling any claims or actions arising from or associated with your use of the App.
You understand and accept that the App Store Company are third party beneficiaries of this Agreement, and they have the right to enforce this Agreement against you.
In the event of any disputes, the User and the Company agree to take all reasonable steps
for an amicable resolution of such dispute. User agrees to provide a written summary of the dispute to the Company as soon as the dispute arises along with their proposed resolution. The Company agrees to respond to the User dispute within twenty-five (25) days from the date of receipt of dispute summary and either agree to the proposed resolution or propose an alternative resolution in writing to the User. If the User is satisfied with the Company’s proposed resolution, the agreement must be communicated to the Company within seven (7) days from the date of receipt of tje Company’s response. The Company’s written response shall be deemed in the nature of settlement discussion and shall not be admissible in any further proceeding. If the Company and the User are unable to resolve the dispute, they may seek alternative legal remedies in the Court of law with appropriate jurisdiction to rule upon the matter in accordance with this Agreement.
We are continuously working on improving our App features and functionality to enhance our offering to you. The Company reserves the right to introduce new features and functionality, modify existing features, amend any provision of this Agreement as well as the right to discontinue any service at our sole discretion. Any changes in features and functionality of services will become effective from the date of implementation. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this Agreement. Please take the time to review these terms regularly to familiarise yourself of any material changes. You release the Company of any liability arising from your failure to review such modified Terms.
If you would like to share your feedback, comments and suggestions with us, please submit your feedback to the email address given below. By sending in your suggestions, ideas, and feedback you represent and warrant to the Company that you have full rights to submit such information and that you are not violating any intellectual property rights of another individual or entity. When you send us your ideas, suggestion, comments or feedback, you agree to grant all legal rights to the Company, to use, disclose and/or otherwise exploit your submission, in whole or in part, without any restriction or compensation to you. You understand that you will be waiving all claims now and in the future to any monetary compensation against the Company.
The App is provided to you on an “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE” basis without any representations or warranties of any kind, express or implied including but not limited to fitness for a particular purpose and non-infringement.
The Company and its directors, employees, agents, representatives, suppliers and partners do not warrant that:
(a) the App and Tutornomy Service will be uninterrupted, error-free or completely secure;
(b) available at any particular time or location;
(c) any defects or errors will be corrected;
(d) any content available at or through the App is free of viruses or other harmful components; or
(e) the results of using the App, products or information provided therein will meet your requirements.
You accept that your use of the App and any products or Tutornomy services offered by the Company is solely at your own risk. The Company reserves the right to withdraw in part or whole the App from public access at any time for any reason without incurring any liability.
THE COMPANY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND YOU HEREBY RELEASE THE COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. THE COMPANY AND THE PARTIES MENTIONED ABOVE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE APP OR SERVICES OFFERED THROUGH THE APP.
Nothing in this Agreement shall act to exclude or limit the liability of the Company for death or personal injury resulting from negligence, fraud or any other liability that cannot be excluded or limited by applicable law. In no event shall the Company, its directors, officers, employees, shareholders and agents be liable for any loss of profits, loss of data, loss of opportunity, costs incurred in the procurement of substitute services or indirect, incidental, special or consequential damages, arising from our related to your use of the App or failure to use the App. This limitation of liability shall apply to the fullest extent permitted by law.
PLEASE NOTE THAT THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR HOW USERS USE OUR APP, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR USER BEHAVIOUR. THE COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE SERVICES IN LOCATIONS OTHER THAN THOSE SPECIFIED ON OUR WEBSITE.
You agree to release, defend, indemnify, and hold harmless the Company and its founders, affiliates, subsidiaries, and their officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) Your access to the App,
(ii) the violation of these Terms by you, or
(iii) the infringement by you, or any third party using your account / Username or password, of any intellectual property or other rights of any person or entity.
Unless expressly stated otherwise, any notice or communication to be given by the User to the Company shall be in writing and sent to the address provided below.
The Notice must be sent by recorded delivery and shall be deemed served upon delivery.
TEHGENIC PTE. LTD
10 ANSON ROAD
#27-15 INTERNATIONAL PLAZA, SINGAPORE 079903
This Agreement shall be construed and governed by the laws of Singapore. The Company and the User hereby expressly submit to the exclusive jurisdiction of the courts of law located in Singapore.
Severability – If for any reason, any provision of this Agreement or any part of any provision is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.
Waiver – Under no circumstances, failure on the part of the Company to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy.
No Class Actions – Neither the Company nor the User shall bring any action against the other as a class member in any class action. Any claim brought by the Company or the User must be brought in their own individual capacity.
Force Majeure – Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.