<iframe src="//www.googletagmanager.com/ns.html?id=GTM-WHQ8DN" height="0" width="0" style="display:none;visibility:hidden"> TutorMing Term of Use

Terms

Term of Use

Effective 2021-08-11

Welcome to Tutorming.com (“Site”), the premier service for people around the world to learn Chinese.

These Terms of Use ("Terms") govern the access or use by you of applications, websites, blog, content and services, if applicable, the fee-based subscription services therein (collectively and respectively referred to as the "Services") made available by TutorABC Inc. and through the Site (collectively "TutorMing", "we," "us," or "our"). Please be advised that certain special features of the Service offered by TutorMing may have separate registration procedures and separate terms and conditions, terms of service, user agreement, or similar legal agreement.

1. Acceptance of the Terms

1.1 By accessing or using the Services, you confirm that you can form, and have formed, a binding contract with us, that you accept these Terms and that you agree to comply with them, whether you are a "Visitor" (which means that you simply browse the TutorMing website) or you are a "Member" (which means that you have registered with TutorMing). Your access to and use of the Services is also subject to our Privacy Policy, including any additional terms that are added to the Privacy Policy and made available to you from time to time.

1.2 The Services made available through the Site are available only to, and may only be used by, individuals who are 16 years and older who can form legally binding contracts under applicable law. By creating an Account, you represent and warrant that you are at least 16 years old and that all registration information you submit is accurate and truthful. TutorMing may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Users under the age of 16 must at all times use the Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 16 years of age. In all such cases, such parent or guardian is the user, and is responsible for any and all TutorMing Account activities.

1.3 Please take the time to read these Terms carefully. By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, please don't access or use the Services. Before you continue, you shall print or save a local copy of these Terms for your records.

1.4 You are responsible for making all arrangements necessary for you to access or use the Services. If you have not obtained access to or use the Services through authorized means, we cannot guarantee that it can be used normally, and we will not be liable for any subsequent losses. In order to fully realize the functions of the Services, your equipment may require network access. You understand that you will be required to bear the expenses associated with your equipment and network access.

2. Changes to the Terms

We may amend these Terms from time to time. We will use commercially reasonable efforts to generally notify you of any material changes to these Terms, such as through a notice on the Services. However, you should review the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflect the effective date of such Terms. Your continued access to or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you will stop accessing or using the Services.

We reserves the right to change, amend, modify, add , update or remove portions of the Service and the content at any time without notice to you and without liability to you or any third party. All changes shall be effective as the posting of change. If the need arises, we may suspend access to the Services or the Site, or close it indefinitely. Any of the material and contents on the Site may be out of date at any given time, and we are under no obligation to update such material and content.

3. Privacy Policy

As noted above, your use of our website, application and the Services is subject to our Privacy Policy, the terms of which are fully incorporated by reference into these Terms.

4. Intellectual Property Rights & Content

4.1 We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe any intellectual property rights. The works of authorship found on, within, or as part of the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

4.2 As between you and us, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and "look and feel" of the Services, and all intellectual property rights related thereto (the " Content"), are either owned or licensed by us. Use of the Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

4.3 Subject to these Terms, we grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, and to access the Content through your use of the Services, solely for your personal, noncommercial use, in accordance with these Terms, and applicable law, including any applicable intellectual property law. We reserve all rights not expressly granted herein in the Services, and the Content. You acknowledge and agree that we may terminate this license at any time for any reason or no reason.

4.4 You acknowledge and agree that all Sessions may be recorded by us for quality control and business purposes. Session recordings are considered proprietary, and may be used at our sole discretion. All recordings, audio records, video images and/or teaching materials remain our property, and we own the intellectual property rights thereto. You are not allowed to broadcast, distribute or disclose all or any of the recordings, audio recordings, and video images to the public or provide them to other third parties for use.

4.5 If you believe that your copyrighted work has been reproduced in a manner that constitutes copyright infringement and is accessible on the Services, please contact us at cp_tm@tutorming.com.

5. Access and Interference

5.1 As a condition of your access to and use of the Services, you agree to the following rules :

(1) You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user. You are solely responsible for the substance of your communications and content through the Service.

(2) You shall abide by all applicable laws, regulations, the international usage practices and etiquette of the Internet, as well as these Terms.

(3) You will not interfere or attempt to interfere with the operation of the Site and Service in any way through any means or device including, but not limited to, launching a denial of service attack, spamming, hacking, or uploading computer viruses or time bombs;

(4) You will not upload, share, post, publish, distribute or otherwise partake in any behavior that is unlawful, threatening, harmful, vulgar, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.

(5) You will not upload, share, post, publish and distribute any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on the reputation, privacy, patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party or are in danger of infringement.

(6) You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, political solicitations, religious propaganda, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

(7) You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

(8) You will not impersonate any person or entity, including any of our employees or representatives.

5.2 TutorMing will have the right, but not the responsibility, to investigate and prosecute violations of any of the above to the fullest extent permitted by applicable law. TutorMing may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that TutorMing has no obligation to monitor your access to or use of the Site, the Services or to review or edit any content you provided, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. TutorMing reserves the right, at any time and without prior notice, to remove or disable access to any Content you provided that TutorMing, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or the Services.

6. Your Account

6.1 You will be required to register and create an account in order to access or use certain features of the Services (“Account”). Information gathered through the registration process and information related to your Account will be subject to these Terms as well as to our "Privacy Policy". When creating an account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

6.2 You can register to use the Service as a Member by logging into your Account using certain third party social networking sites (“SNS”) (including, but not limited to Facebook) via our Site. When you register by logging into an SNS via our Site, we will obtain the Personal Information you have provided to that SNS (including, but not limited to your “real” name, profile picture, email address, list of SNS friends and any other information that you make available via the applicable SNS) from the account you have with such SNS and use that information to create your account and you will become a Member; the information we obtain may depend on the information you provide to the applicable SNS and/or the privacy settings you have set or applied with the applicable SNS.

6.3 It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that a third party knows your password or has accessed your account, please notify us at cp_tm@tutorming.com. You agree that you are solely responsible (to us and to other users) for activity that occurs under your account.

6.4 In our sole discretion, we may terminate your account, or modify, reclaim or remove any username associated with your account, for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your account or any data or information that you may have stored by means of the account.

7. TutorMing Live Session Service

The materials and functionalities of TutorMing Live Session Service are available only through the subscription and purchase of the Chinese Learning Package ("Package”). TutorMing reserves the right to change the fees in effect or institute new fees at any time, upon reasonable notice posted on the Site and emailed to current subscribers. By subscripting and purchasing the Package, you agree to be bound to the following terms:

7.1 Billing Policies

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 TutorMing at any time, without notice and without liability to you. TutorMing does not provide price protection or refunds in the event of a price drop or a promotional offering.

7.2 Automatic Renewal Terms

With respect of the Services which are subject to automatic renewal, you agree that TutorMing 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.

7.3 Refund Policy

The refund policy for the Package is as follow:

(1) 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.

(2) 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.

(3) The credit used record will be subject to the Info of your TutorMing Account.

(4) 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.

7.4 Credits Consumption

Depending on the type of Session taken and the Reservation Notice given, TutorMing shall deduct the credits in accordance with the following rules:

(1) For One-on-One Session:

(i) if you reserves for a One-on-One Session at least 12 hours before the commencement of the Session, 3 credits for the said Session will be deducted;

(ii) no deduction from any credit for any One-on-One Session cancellation will be made if such cancellation is made at least 4 hours before the commencement of the Session; however, if any One-on-One Session cancellation is requested within 4 hours before the commencement of any Session, the Session credits deducted by TutorMing based on the foregoing provision shall not be refundable.

(2) For One-on-Many Session (“Regular Session”):

(i) if you reserves for a Regular Session at least 12 hours before the commencement of the Session, 1 credit for the said Session will be deducted;

(ii) no deduction from any credit for any Regular Session cancellation will be made if such cancellation is made at least 4 hours before commencement of the Session; however, if any Regular Session cancellation is requested within 4 hours before the commencement of any Session, the credits deducted by TutorMing based on the foregoing provision shall not be refundable.

(3) Video Review:

TutorMing may provide Video Review for free, without any deduction of credits. Video Reviews shall be available at your Account after 24 hours of the end of each Session.

7.5 Other General Member Terms

(1) All Sessions shall be recorded by TutorMing for quality control and business purposes. Sessions recordings are considered proprietary, and may be used at the sole discretion of TutorMing. All recordings, audio records, video images and/or teaching materials remain the property of TutorMing with TutorMing owning the intellectual property rights thereto.

(2) 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 One-on-One Session.

(3) 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 Sessions or consume credits 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.

8. Disclaimer of Warranty and Limited Liability

8.1 You acknowledge and agree that your use of the Services is at your own risk, that any material and/or data downloaded or otherwise obtained through the use of our Service 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. We provide, and you accept, use of the Services on an "AS IS" and "as available" basis, without warranty of any kind. Without limiting the foregoing, we hereby disclaim all warranties and conditions, express or implied, of merchantability, non-interference with or non-infringement of any intellectual property rights, fitness for a particular purpose, title, and data loss. We makes no warranty or representations about availability, suitability, accuracy, reliability, timeliness, quality or content in or linked to Services. We also make no representations, warranties, or guarantees in relation to the actions or omissions of clients or other third-party, and expressly disclaim all liability for any act or omission by you, clients, or other third-party.

8.2 TutorMing 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.

8.3 Under no circumstances shall TutorMing 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.

8.4 TutorMing or third parties may, from time to time, send email messages to you containing ads, promotions, etc. regarding the goods or services provided by the third parties. TutorMing makes no representations about either the content of those email messages or the goods or services offered in those messages. You agree that TutorMing shall not have any liability with respect to such content or messages.

8.5 IN NO EVENT WILL TUTORMING, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT , CONSEQUENTIAL , EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. Liability of User

9.1 You agree to defend, indemnify and hold harmless TutorMing and our affiliates, suppliers, directors, and employees against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs (including, but not limited to, attorneys’ fees) and other expenses and/or costs (including reasonable attorneys' fees) arising from or relating to your use of the Service, or any breach by you of these Terms, your violation of these Terms, the TutorMing Agreements, or your infringement or infringement by any other user of your Account of any intellectual property or other right of any person or entity and you agree to reimburse TutorMing on demand for any losses, costs or expenses they incur therefrom.

9.2 Any unauthorized use of the Service and any technology contained therein would result in irreparable injury to TutorMing for which money damages would be inadequate. TutorMing 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 TutorMing 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 TutorMing.

9.3 TutorMing receives a notice alleging that you have engaged in behavior that infringes any of TutorMing or its affiliates or a third party's intellectual property rights or reasonably suspects the same, TutorMing may suspend or terminate your access to the Service without notice to you. If TutorMing 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. Third-Party Websites

The Services may contain links to websites or application that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third-Party Websites"). TutorMing does not review, monitor, operate and/or control the Third-Party Websites and TutorMing makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third-Party Websites. By providing access to Third-Party Websites, TutorMing is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third-Party Websites, including providing information, materials and/or other content to the Third-Party Websites, is entirely at your own risk. TutorMing reserves the right to discontinue links to any Third-Party Websites at any time and for any reason, without notice.

11. Other Terms

11.1 Governing Law. Unless otherwise agreed or required by a mandatory law, these Terms shall be governed by and construed in accordance with the laws of Republic of China (Taiwan), without regard to choice or conflicts of law principles. You agree that any claim or dispute with TutorMing or any affiliate or arising out of or relating to these Terms of Service, the Service, or your use of any of the foregoing will be brought in an appropriate court located in Taiwan. You agree to submit to the exclusive jurisdiction and venue of these courts and waive any jurisdictional, venue or inconvenient forum objections to such courts. The parties shall not raise in connection therewith, and hereby waive, trial by jury and/or any defense based upon the venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action or suit. If you would like to bring a matter to our attention, please contact us at cp_tm@tutorming.com.

11.2 Entire Agreement. These Terms, along with the Privacy Policy, constitute the entire legal agreement between you and us concerning your access and use of the Services. As stated above, should you decide to subscribe or purchase the Package, you may need to execute a user agreement or Purchase Terms and payment authorization.

11.3 No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

11.4 Security. We do not guarantee that the Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Services. You should use your own virus protection software.

11.5 Severability. If any provision of these Terms is held to be invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

11.6 Interpretation. Headings and the contents page in these Terms are included for convenience purposes only and shall not affect the interpretation of these Terms.