The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and PLAYBOOKX SDN BHD (hereinafter referred to as the “Company”). In order to use the Service available at eduplay.com.my (hereinafter referred to as Eduplay or the Services) you must agree to the Terms of Use that are set out below.
General Terms
PLEASE TAKE NOTE THAT BY BROWSING OR CONTINUE TO BROWSE OR OTHERWISE ACCESS ANY CONTENT OR DATA ON EDUPLAY.COM.MY PLATFORM INCLUDING ITS WEBSITES, ANY SUBDOMAINS OF THOSE WEBSITES, MOBILE SITES, APPS, APIS AND WIDGETS (TOGETHER CALLED “PLATFORM” IN THESE TERMS), YOU AGREE, ACKNOWLEDGE AND CONFIRM THAT YOU SHALL BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. SHOULD YOU OBJECT TO ANY OF THE TERMS UNDER OUR GENERAL TERMS OF USE, PRIVACY POLICY OR OTHER NOTICES ON OUR PLATFORM, YOU SHALL IMMEDIATELY CEASE YOUR USE OF OUR PLATFORM.
Representative / User / Tutor / Student – Definition
The terms “you”, “You”, “User”, or “Users” shall refer to any Student, Tutor, Parent, or individual that may view, use, access, browse, or submit and content or material to the Services. The term “Services” shall refer to the website, applications, platforms, activities and transactions provided by Eduplay. “Personal Information” refers to information relating to you or other identifiable individuals.
- “Account” means the user profile you create by registering as a User on the Site in accordance with these Terms of Service.
- “Content” means all text, graphics, images, software, audio, video, information or other files or materials.
- “Site” means Eduplay.com, including any subdomains of those websites, mobile sites, apps, API and widgets
- “Tutor” means a tutoring or educational services provider accessible to Users via the Services.
- “Online Tutoring Services” mean any tutoring or educational services that a tutor may provide to a User that is related to a User’s Account or the Services.
- “Online Tutoring Session” means the period of time during which the Online Tutoring Services are provided by a Tutor to a User calculated on a per scheduled time basis.
- “User” means you, a person who seeks and/or schedules Services for or on behalf of a student or yourself and includes a parent or guardian of a student if such student is a not within the legal age according to the laws in Malaysia and/or a minor.
- “User Content” means Content that a Tutor or a User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connection with the Services or otherwise, including, without limitation, questions and related answers posted by Users and Tutors via the Services.
Privacy Policy
Take notice that this Terms of Use and our Privacy Policy shall be the basis on which you may access and use our Platform. We hereby reserve the right to change, vary, modify and/or alter any of the terms in this Terms of Use or our Privacy Policy or other conditions for using our Platform from time to time. You shall always read and understand the published new terms or conditions on our website. Your continuing use of our Platform constitutes your acceptance of those terms.
Services
Not all tutors are attached or employed by the company. Rather some of the cases it is up to the third party tutoring providers (Tutor) to offer tutoring services to you and it is up to you to accept such tutoring services. The service of the company is to link you with these tutoring providers and conduct tutoring session in our online platform but is not intended to provide tutoring services or any that may seem as such. The company is not responsible nor liable to any acts or omissions of any third party tutoring provider or any tutoring services provided to you. Some Tutors are independent contractors and are not employees of Eduplay.
Eduplay can be used to facilitate learning and tutoring services via the online platform. As such, Eduplay provides a platform with available technology for users to connect with tutors online and conduct lessons based on the availability and requirements of both parties.
You acknowledge and agree that the services provided by Eduplay are for the use of facilitating learning and tutoring, and not to be used for illegal actions or immoral acts. You agree not to use Eduplay services for any purpose that violates academic honesty or any policies that may conflict with the policies of your school, university, academic institution, workplace or the law of the country, Malaysia. TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE PARENT, GUARDIAN, OR ADULT IF NEEDED.
Responsibilities (Obligations) of Representative / User / Tutor / Student
IN YOUR CONSIDERATION OF YOUR USE OF THE SITE AND ITS SERVICES, YOU AGREE THAT YOU ARE OF LEGAL AGE (AND THE LEGAL GUARDIAN, AS THE CASE MAY BE) AND HAVE THE ABILITY AND UNDERSTANDING TO AGREE TO THESE TERMS OF USE ON YOUR OWN BEHALF AND/OR ON BEHALF OF A MINOR WHO WILL BE RECEIVING TUTORING SERVICES. You are to provide accurate, current, and complete information relevant to you as may be prompted by registering on the website or when conducting/receiving tutoring. You are to maintain the security of your own password and identification and should not share such information with other individuals. You are to promptly update the registration information you provide to Eduplay as it changes, keeping it accurate, current, secure and complete. You are to accept all risks of unauthorized access or changes to your registration information.
Students are responsible for selecting the right courses dependent on their needs.
Cancellation and No-Show Policy
If the Student does not show up for the session, signalled by being absent for the first 15 minutes of a scheduled session, no cost will be refunded.
Third Party Websites
Eduplay may contain content provided to Eduplay by other parties, including any editorial content provided by third party authors that are not employed by the Company shall be deemed to be Third Party Content (Third Party Content). The Company shall not be responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content, and the Company shall not be responsible or obliged to monitoring or making inquiries on any Third Party Content.
Intellectual Property Rights
As between you and Eduplay, Eduplay retains all right, title, and interest in, including all related intellectual property rights, in and to the Software, Application and Service. All rights, titles, and interests in and to the Services provided not expressly labelled within this Agreement are reserved by Eduplay. Nothing herein this agreement shall be construed to strict, impair, alter, deprive, or adversely affect the Services or any of Eduplay rights or interests or any other Eduplay intellectual property, brands, information, content, process, methodologies, products, materials, goods, services, or rights whether tangible or intangible.
Copyright Infringement
In your use of and interactions with Eduplay and its services, all content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings or any material that is copyrighted material belonging to others may not be post, modified, distributed, or reproduced in any way without obtaining the owners prior written consent. Eduplay reserves the right to remove any content that is believed to have infringed the copyright rights of others, and/or to terminate the accounts of users who is believed to be infringers in Eduplay’s own discretion.
No part of the content may be reproduced or incorporated in any form other than that of the User’s own personal use. The user agrees that he or she will not infringe on the company’s copyright by any method or manner now known or which may exist in the future. The domain name is the sole property of the company. Names, marks, logos of other services or companies found on the website may be the trademarks of their respective owners. All materials related to Eduplay are works protected under the Malaysian Copyright Act 1987.
Confidentiality
During the Term of this Agreement and after termination or expiration of this agreement for any reason whatsoever, the receiving parties shall hold all Confidential Information in strict confidence relating to the Company, its services, products, business affairs, marketing, promotions, operations or the like and its associated companies which may have been disclosed to you by or on behalf of the Company. Such information which are otherwise directly or indirectly acquired by you or the Company is applicable to these Terms. The rights, title, and interest in Confidential Information remains with Eduplay and its affiliates. You shall ensure that it, its officers, employees, and agents only use such confidential information to perform the Service and shall not without the Company’s written consent, disclose such information to any third party nor use it for any other purpose.
Disclaimer of Warranties
Use of the site is at sole risk of the user unless otherwise explicitly stated. The site, including the information, services, and content found within is provided on an ‘as available’ and ‘as is’ basis. The company does not guarantee continuous, uninterrupted or secure access to the services. As such, operation of the site may be disrupted due to factors outside of the company’s control of which the company shall not be liable for any loss, liability, or damage which users may have incur as a result. This may include any damage to your computer system or loss of data, or damage resulting from viruses. Eduplay makes no warranty or representations that the results that may be obtained from the use of the website is accurate or reliable. Furthermore, Eduplay makes no warranty or representation that the quality of any products, services, content, information, or materials provided by tutors will meet the expectations or requirements of the student and/or user.
Eduplay disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability or satisfactory quality. Eduplay makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the site as well as that any errors in the site will be corrected.
Suspension and Termination
Eduplay reserves the right to suspend and/or terminate any user with or without notice at any time as the company deems fit, for any reason or no reason. You agree that if you are suspended and/or terminated, you will no longer make use of the site or its services after termination or during suspension.
Indemnity
The User at all times agrees to indemnify, defend and hold harmless Eduplay and its affiliates, directors, officers, employees, members, and agents from and against any and all claims, cost, losses, damages, penalties, liabilities, and expenses of any nature which are in connection with or arising from (a) alleging that your use of the Services are in conflict or violates the intellectual property rights, privacy rights, or third party providers, partners, or sponsors; (b) your violation of any of the Terms of Use or any applicable law or regulation; (c) your violation of any rights relating to or arising from any third party services; (d) and your use or misuse of the Service, Software, or Application of Eduplay.
Liability
To the maximum extent permitted by applicable law, in no event shall Eduplay, its affiliates, supplies, advertisers, directors, employees, or licensors be responsible or liable for any indirect, incidental, consequential, special, punitive, exemplary, or any damages from loss of profits, data, or intangible losses, that result from use or misuse of the services or any other aspect relating to the site and/or any content contained therein. Under no circumstances will Eduplay be responsible or liable for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the services or your account or the information contained therein. The company provides no warranty, assurance, or promise that its services, applications, or customer service will work as intended on your phone, computer, tablet, or other device. Your sole remedy for the dissatisfaction with the site is to stop using it.
Refund Policy / Payment
No refunds will be given for any paid and enrolled program. However, you are given 6 (six) business days cooling-off period after payment to reconsider your decision in joining of our course(s) provided that you have not attended or proceeded with any courses. Within this period, you may withdraw such registration and any fee(s) paid will be refunded.
General Prohibitions
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s copyright, trademark, patent, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- use, display, mirror or frame the Site, or any individual element within the Site or Services, Eduplay’s name, any Eduplay’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Eduplay’s express written consent;
- access, tamper with, or use non-public areas of the Site, Eduplay’s computer systems, or the technical delivery systems of Eduplay’s providers;
- attempt to probe, scan, or test the vulnerability of any Eduplay system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Eduplay or any of Eduplay’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Eduplay or other generally available third party web browsers;
Governing Laws
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.
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