1. Purpose of Service
2. Reservation of Rights
3. Fees and Payments
3.1 Fees and payments
The prices listed do not include any VAT or other applicable taxes; you will be responsible for paying any such taxes. You agree that we may include some or all of such taxes in your credit card charges. You may receive phone or internet charges on your telephone or internet bill, depending on your location, telephone calling plan and internet fee, even during the trial period. You are responsible for all use of the Service accessed through your password. All prices related to the Service are subject to change by iTutorGroup at any time, without notice and without liability to you. iTutorGroup does not provide price protection or refunds in the event of a price drop or a promotional offering.
3.2 Automatic Renewal Terms
With respect of iTutorGroup’s Services which are subject to automatic renewal, you agree that iTutorGroup may submit monthly periodic charges to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate the Services.
3.3 Refund Policy
I. Within 30 days after your payment, you can request a full refund if you use less than 3 credits. The total credits you used will be charged as USD 25 per credit if you use more than 3 credits.
II. Starting from the 31st day after your payment, the total credits you used will be charged as USD 25 per credit. The administration fee, USD 200, will also be deducted from your refund.
III. The credit used record will be subject to the Info of your TutorMing account.
IV. It can take up to 14 days to return to your PayPal or bank account after the requested refund. The necessary or reasonable transaction fee will be deducted from your refund before you receive it.
4. General Member Terms
4.1 TutorMing reserves the right to arrange the number of students who join the same Regular Session with a maximum of three students unless otherwise specified as 1 on 1 session.
4.2 The contract period on each package is set as a recommendation because most of our students want to become fluent as soon as possible. However, if you are unable to finish all the classes in time, your contract period can be extended without any extra cost for up to two years. The corresponding extension program which may be applicable to you shall be determined at TutorMing’s sole discretion, depending on your specific circumstance.
5. Rules and Restrictions of Use
5.1 Age Requirement
By using the Service you acknowledge that you are an adult as defined by the laws of the country or territory from which you are accessing the Service.
5.2 Honesty Requirement
You guarantee that all information (including without limited to registration information and financial information) you provide to iTutorGroup is correct, complete, and current, you agree to update such information as necessary. You agree that any information provided by you to iTutorGroup will not violate any law or regulation or infringe the rights of any third party.iTutorGroup reserves the right to terminate your use if you have provided iTutorGroup with false registration information.
5.3 Account Keep
You are responsible for maintaining the secrecy of your service account number and/or password of and that you are responsible for all uses of your account. You agree to immediately notify iTutorGroup (and your employer if the Service is provided through it) of any unauthorized use of your account.
5.4 Message Board, Bulletin Board, Email, and Chat Room Conduct.
I. The message boards, bulletin boards, email, chat rooms, or other message services ('Messaging Services') are provided to you and other users as an opportunity to communicate, practice your learning, share ideas and photographs, discuss global business issues and success stories, or learn about other countries‘ culture and business practices. Please be courteous and respectful to your fellow users. You agree not to use the Messaging Services for chain letters, junk mail, ‘spamming,‘ or solicitations (commercial or non-commercial). You also agree not to send any message or material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.
III. You understand that all message board, bulletin board, and chat communications are public and not private communications. Users are responsible for the contents of their message board, bulletin board, and chat postings and the consequences of any such message board, bulletin board or chat postings. iTutorGroup reserves the right for any reason to remove without notice any message content, but we have no obligation to delete messaging content that you may find objectionable or offensive.
IV. You agree to use Messaging Services only to send and receive messages and material that are proper. When using the applicable Messaging Services, you agree to stay on topic related to the particular message board, bulletin board, or chat room. The following are examples of prohibited use of the Messaging Services; this is a guide and not a list of all prohibited uses. You agree that when using the Messaging Services, you will not:
(i) Defame, abuse, harass, stalk, threaten, or violate the rights of privacy and publicity of others;
(ii) Distribute or post any defamatory, infringing, obscene, indecent, or unlawful message or material. By posting any message or material in the Messaging Services, you automatically grant, or warrant that the owner of such material has expressly granted, to iTutorGroup a royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, perform, and display such material worldwide;
(iii) Upload files or material that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
(iv) Upload files or materials that contain viruses, corrupted files, or any other similar software that may damage the operation of another‘s computer;
(v) Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters;
(vi) Disrupt the flow of dialogue in any of the Messaging Services or otherwise act in a manner that negatively affects other participants;
(vii) Download any file that you know, or reasonably should know, cannot be legally distributed in such manner; or
(viii) Obtain or divulge any personal information of any user or participant.
V. You also agree that you waive any moral rights, privacy or personal rights, or similar legal rights in connection with the messages or material you post, distribute, or use in the Messaging Services; and you warranty that the author of the messages or material that you post, distribute, or use on the Messaging Services, if not you, has explicitly agreed to waive his or her (their) moral rights, privacy or personal rights, or other legal rights for such message or material.
6. Disclaimer of Warranty and Limited Liability
6.1 iTutorGroup or third parties may, from time to time, send email messages to you containing ads, promotions, etc. iTutorGroup makes no representations about either the content of those email messages or the goods or services offered in those messages. You agree that iTutorGroup shall not have any liability with respect to such content or messages.
6.2 iTutorGroup's web site(s) ('Web Site') may contain links to web sites operated by other parties and such links are provided for your convenience only. iTutorGroup does not control such web sites; you agree that iTutorGroup is not responsible for their availability or their content. iTutorGroup‘s links to such web sites do not imply any endorsement of the material on such web sites or any association with their operators, goods, or services.
6.3 You understand and agree that the Service, including without limitation the Messaging Services, and any other services provided herein, such as the Personal Editor service, are provided ‘as is.‘ You agree that your use of the Service is at your own risk, that any material and/or data downloaded or otherwise obtained through the use of our Service, the Messaging Services, or from other parties‘ web sites accessed via the Service is at your own discretion and risk, and that you will be responsible for any damage or loss of data to your computer system.
6.4 iTutorGroup and its suppliers expressly disclaim all warranties of any kind, with respect to the Service, including without limitation the Web Site and Messaging Services, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement.
6.5 iTutorGroup and its suppliers make no warranty or representation regarding the results that may be obtained from the use of the Service, regarding any goods or services purchased or obtained through the Service, or that the Service will meet your requirements, be uninterrupted, timely, secure, or error free.
6.6 iTutorGroup and its suppliers are not liable for any direct, indirect, incidental, special, or consequential damages of any kind resulting from the use of or the inability to use the Service, resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Service, resulting from loss of, unauthorized access to, or alteration of your transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data, or other intangibles, even if we have been advised of the possibility of such damages. Neither iTutorGroup nor its affiliates shall assume any responsibility and shall not be liable for any damages to, or viruses that may damage your computer, equipment or other property on account of your access to, use of, downloading from, or browsing the Service.
6.7 iTutorGroup makes no warranty that any computer or other device will be compatible with the service. You should ensure that your computer or other device will function correctly with the service.
6.9 Under no circumstances shall iTutorGroup or its affiliates be liable for any unauthorized use of any Content, or any use of the service to develop, distribute, or use any material that is defamatory, slanderous, libelous or obscene, that portrays any person falsely, that constitutes an invasion of any right to privacy or an infringement of any right to publicity, that violates or infringes any third party’s rights or that violates any foreign, federal, state or local laws or regulations.
7. Intellectual Property
The works of authorship found on, within, or as part of the Service (collectively "Content") are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Content is licensed, not sold. You cannot make unauthorized copies and use any of the Content except as specified herein and in accordance with applicable law. All title and copyright in and to the Content and Service (including but not limited to any derivative works or enhancements including images, illustrations, graphics, photographs, animation, video, audio, music, text, scripts, files, URLs, documentation and interactive features included with or available through the Service), are owned by iTutorGroup or its licensors. You agree to comply with all applicable laws in connection with your use of the Service and the Content. In addition to the terms provided in this Terms of Service, iTutorGroup may take appropriate measures to protect copyright.
You cannot use any of the trademarks found on or within the Service except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks without prior written permission of the owner. Any unauthorized use may violate trademark laws and civil or criminal statutes. The trademarks are trademarks of iTutorGroup, its direct or indirect parents, and/or its affiliates, licensors, or third party owners. Nothing contained on the Service should be construed as granting any license or right of use to any trademark. The name and logo and other trademarks used on the Service are the trademarks of their respective owners.
8.1 Privacy. It is iTutorGroup‘s policy to take reasonable measures to respect the privacy of its users‘ messaging content, and you also agree to comply with all applicable laws and regulations concerning rights of privacy.
8.2 iTutorGroup collects certain personal information from our users (such as names, email addresses, addresses, etc.). We use this information to fill orders promptly, to provide customer service assistance, to improve the learning experience on the Service, and to improve the content of the Service to better meet our users‘ need. We may also want to share certain of such personal information with third parties if we think that they may benefit our users, including other businesses and companies that sell a variety of products and services. iTutorGroup will never share your credit card or billing information with third parties.
8.3 Because iTutorGroup respects the privacy of its users, we will not share your personal information with these other parties if you do not want us to. If you do not want us to share your personal information, simply send an email to email@example.com requesting that we do not share it with other parties. You may verify or change your personal information at any time by going to My Profile Page.
8.4 In addition to personal information, iTutorGroup may collect certain profile information from its users (such as profession, education, age, and gender) in order to improve our content, product offerings, and promotional and marketing efforts. iTutorGroup may use such profile information to create aggregate reports about its users. The profile information and aggregate reports are anonymous and do not contain information that can identify you personally.
9. Liability of User
9.1 Any unauthorized use of the Service and any technology contained therein would result in irreparable injury to iTutorGroup for which money damages would be inadequate. iTutorGroup shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this Section or elsewhere in Terms of Service shall be construed to limit remedies available pursuant to statutory or other claims that iTutorGroup may have under separate legal authority. You agree that your cancellation of your account is your sole right and remedy with respect to any dispute with iTutorGroup.
9.3 If iTutorGroup receives a notice alleging that you have engaged in behavior that infringes any of iTutorGroup or its affiliates or a third party's intellectual property rights or reasonably suspects the same, iTutorGroup may suspend or terminate your access to the Service without notice to you. If iTutorGroup takes action under this Section, it shall have no liability or responsibility to you, including for any amounts that you have previously paid or any credits that you have on the Service.
10.1 The opinions expressed in iTutorGroup learning activities are provided only to encourage discussion and language learning and are based on materials which are in the public domain. To the best of our knowledge, all information pertaining to real companies and individuals is accurate and not confidential at the time of publication. Certain of the documents, situations, or conversations in the learning activities are hypothetical or imaginary and are included for educational purposes only; they are not intended to reflect actual statements or documents by the referenced individuals or companies. Nothing herein is intended to constitute a sponsorship or endorsement of iTutorGroup or the Service by the individuals or companies referenced in the learning activities.
10.2 Choice of Law and Venue
10.3 Entire Agreement and Severability