To help us serve you better, please take the time to review the following terms and conditions:
Terms and Conditions
Hace Services Marketplace ("Services Marketplace", "portal", "platform") owned and operated by HACE SERVICES SOLUTION PRIVATE LIMITED, Registration No.: 201523219G (“Hace”, “we”, “our”, or “us”) may revise these Terms and Conditions at any time by updating this posting and Users are subject to such Terms and Conditions as amended, modified, substituted by Hace from time to time. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing and/or using this Site for any reason, regardless of whether you have a registered account.
USE OF SITE AND CONTENT1.1 Our Services. Hace operates the Site which offers:
1.2 Site content.
The contents of this Site, such as text, software, images, logos, button, graphics, icons, and other material (the "Material"), are the property of Hace or its content suppliers or clients. The compilation of all content on the Site are the exclusive property of Hace and are protected by copyright. Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Material on any copy you make of the Material. You may only view and use any Material on this Site for personal use and solely for the purpose of utilizing our Services. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose, or in any other manner that is likely to cause confusion among consumers or that otherwise infringes our intellectual property rights. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.1.3 General Rules.
The Site features and Services may be used only for lawful purposes by Tutors seeking to promote their tutoring services and by individual Clients seeking engage Tutors.
Users may not use the Site to transmit, distribute, store or destroy material:
1.4 Website Security Rules
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.1.5 Specific Prohibited Uses. You shall not
1.6 Consequences of breach.
In the event you violate any of these Terms and Conditions, Hace may, without prejudice any other remedies it may have in law or equity, in its sole discretion do any or all of the following:
Registration and Accounts2.1 General Terms and Conditions
2.2 Eligibility to Register an Account
A. SERVICE PROVIDER (TUTOR) PROFILE2.3 General Terms and Conditions
2.4 Tutors’ Personal Information
2.5 Tutors' Qualifications
2.6 Indemnity and Release
- the Tutor Profile, whether arising out of or related to arising out of Hace’s reproduction and/or publication (in any form or manner of the Tutor Profile or the performance of the Services,
- any false or misleading content in the Tutor Profile, or
- the Tutor's breach of any of the Terms and Conditions.
B. ENGAGEMENT OF TUTORS
The submission of a Job Request does not bind the Client to engage the tutoring services of the Tutor and remains subject to confirmation and payment of the First Lesson Fees ("First Lesson Fees","Matching Fees") by the Client.
The First lesson tutoring fees shall be deemed as commission to Hace for matching Tutor to Client and will come from the Tutor in terms of forgoing receiving First Lesson fees from the Client. As such, no payment will be paid by the Client to the Tutor for the first lesson.
C. CLIENTS’ OBLIGATIONS2.7 Release
Hace does not guarantee that any assigned Tutor will help improve the tutee’s academic performance and the Client (on its own behalf or as an agent on behalf of the tutee) releases Hace from any liability in this regard. However, Hace provides a feedback channel to help us recommend quality tutors and appreciate accurate feedback from the Clients or tutees. Please also refer to Section 5 on Liability and Disclaimer of Warranty.2.8 Payment; Confirmation or Cancellation of Engagement; Refunds
Refunds will be made through the same channels available on the site in which payment was conducted.
Failure to turn up for the First Lesson or any other circumstances caused by the Tutor resulting in the cancellation of the appointment will lead to the termination of the Tutor’s Account. This will be evaluated by Hace on a case-by-case basis.
Tutor Accounts that are terminated will have their NRIC blacklisted and will no longer be able to create new accounts.2.9 Cancellation or Postponement of Lessons
The Client shall inform the Tutor if he or she wishes to postpone or cancel a lesson, no later than 4 hours before the time at which the lesson was agreed to begin, failing which the Client shall be liable to pay a fee to the Tutor for lost time and transport cost. Such fee payable shall be at least $20 up to a maximum of $50, depending on the waiting time at the location of the lesson, the travelling time and transport costs.2.10 Tutoring Venue and Scheduling
2.11 Termination of Engagement
After the First Lesson, the Engagement continues until such time either the Client or the Tutor, at any time, chooses to terminate the Engagement for any reason.
D. TUTORS’ OBLIGATIONS
2.13 Termination of Tutoring
Although there is no requirement for Tutor to commit to an Engagement for longer than the First Month’s Lessons, the Tutor is expected to commit themselves further so as to ensure the student achieve good academic performance. Therefore, postponement or cancellation of lessons or cancellation of assignment is strongly discouraged, especially when it is near the examination period. This will be monitored by and may be reflected in Hace review system on the Site.
Poor commitment on the part of the Tutor may be reflected through a Tutor's reviews on the site and will reflect negatively on the Tutor. This will decrease the chances of receiving future Job Requests.
Any attempt to change the agreed upon tutoring rate within 3 months of the first lesson can be reflected in the Tutor's Reviews by the Client and will reflect negatively on the Tutor. This will decrease the chances of receiving future Job Requests.
Tutors are discouraged from raising tutoring rates after 3 months of the First Lesson and should indicate their desired tutoring rate through the Tutor Profile on the site prior to acceptance of Job Request if so desired.2.14 Payment of Matching Fees
This is to monitor and prevent the communication of all forms of contact details including, but not limited to phone numbers, email address, home address, social networking sites, external websites containing contact details before payment and confirmation by the Client.
Any attempt to provide contact details between Client and Tutor before the payment of Matching Fees will be construed as having the intention to transact off the platform. As such we shall have the right to terminate the respective Tutor’s and Client’s Accounts and refuse future access and/or use of the Site to or by such Client and Tutor.2.15 Conduct of Tutor
- observing punctuality at all times;
- not canceling prearranged lessons without due notice to the Client and good reason;
- devoting his full time and attention during lesson hours to the lesson at hand;
- dressing appropriately for the lesson.
- the Client may terminate the Engagement;
- Hace may terminate the Tutor’s Account; and/or
- the Tutor’s ratings on the Site may be negatively affected.
For the avoidance of doubt, if we have reasonable grounds to believe that any User is in breach of any of these Terms and Conditions, we reserve the right, in our sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing.
Further, we may disclose the User's identity and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a court order or direction or other legal action, or if we are of the view, in our sole and absolute discretion, that it would be in our best interests to do so. We shall not be liable for damages or results arising from such disclosure, and the User(s) agrees not to bring action or claim against Hace for such disclosure.
USER SUBMISSIONS AND CONTENT3.1
As a User, you are solely responsible for your Site account information, content, messages or other information ("User Content") that you submit, publish or display on the Site or transmit to other Users.
The following is a list of User Content that is prohibited on the Site. These are examples only and not exhaustive. You must not do any of the following things:
- post material that is copyrighted or otherwise infringes on any other intellectual property rights of others,
- post material that infringe on the privacy rights of others;
- post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
- display or link to pornographic, indecent, sexually-explicit or violent images or statements of any kind;
- post advertisements or solicitations of business;
- post chain letters, unsolicited mass mailing or pyramid schemes;
- provide or make available pirated music or other media or links to pirated music or other media files;
- solicit personal information from anyone or solicit for dates;
- impersonate another person.
Hace acts as a passive conduit for the online matching of Tutors with Clients and has no obligation to screen or monitor Material posted by Users (including Tutor profiles) or communications. However, Hace may from time to time review and delete any User Content that, in the sole judgment of Hace, violates these Terms and Conditions, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety users of the Site.3.3
Users agree to indemnify Hace and its affiliates to the fullest extent allowed by law against any and all claims, damages and liability (including legal costs and expenses on an indemnity basis) arising in relation to the User’s User Content submission in the Site.3.4
By submitting User Content to any public area of the Site, including profiles, message boards, forums and contests and individual chats with clients and or service providers, you grant Hace and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content and to grant and authorise sublicenses thereof. You also warrant that the holder of any rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User of the Site to access, display, view, store and reproduce such User Content for personal use, and release Hace from all claims or any liability in connection with the use or misuse of User Content by any other User or third party.
EXPRESS CONSENT AND ACKNOWLEDGEMENT4.1
When submitting Tutor Background Content, Tutor consents to Hace using, disclosing, transferring and retaining such information for the purposes of
- the Site generally, including marketing and promotion of the Site or the Tutor’s Services, to determine whether Tutor might be interested in the opportunities made available through the Site, verification of qualifications and handling of any queries or disputes with Clients, and
- complying with the law, regulation or any court order or direction. Without limiting the generality of the above, Hace may disclose or transfer such information to the following class of persons:
- prospective Clients who have registered with the Site;
- a related corporation (as defined in section 6 of the Companies Act);
- third party service providers engaged by Hace to provide functions and services to Hace and who need access to your information to carry out the work for the Company;
- any other party permitted by law; and
- anyone the Tutor authorises.
In relation to the aforementioned, Users agree that Hace may use his/her personal information to contact such User relating to, in the case of a Client, a Tutor, or in the case of Tutor, a Client, prospective or current, or provide administrative notices or communications applicable to such User’s use of the Site.4.3
You acknowledge, consent and agree that when submitting your profile or other information for posting on the Site, your profile is automatically searchable and personal information present within your profile (such as photographs and your email address) can be collected and used by, all Users of our Site, regardless of whether they are registered Users. We do not verify the identity and purpose of such Users and are responsible for the use made of profile information by such Users who viewed your profile whilst it resides on the Site. This may result in unsolicited messages from third parties for which Hace is not responsible. Even after you have removed your profile from the Site, Users who may have retained a copy of your profile in their own files or databases. Hace is not responsible for the retention, use or privacy of resumes or profiles in these instances.4.4
Users acknowledge and agree that they will keep confidential all information disclosed to him or her on the Site or by Hace and will not disseminate such information to any third party or retain or otherwise use such information for any other purposes.
LIABILITY AND DISCLAIMER OF WARRANTY5.1
Hace does not represent or warrant that the Site will meet the objectives or needs of the Tutor or Client. Hace does not represent or guarantee the truthfulness, accuracy, or reliability of information or communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. Conversely, you acknowledge and agree that you are solely responsible for the form, content and accuracy of your profile or material contained therein placed by you on the Site.5.2
As User authentication on the internet is difficult, Hace cannot and does not confirm that each User is who they claim to be. Hace does not and cannot be involved in user-to-user dealings or control of the participants on the Site. In the event that you have a dispute with or claim against one or more Users, you shall release Hace, its affiliates and their respective officers, directors, employees and representatives from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes and claims.5.3
In addition, that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false identities. You assume all risks associated with dealing with other Users with whom you come in contact through the Site. We expect that you will use caution and common sense when using the Site.5.4
The Site acts as a venue for Tutors to post their profiles and for Clients to search for prospective Tutors and we do not screen or censor the listings offered. As a result, we have no control over and make no representation regarding the quality, safety or legality of the Tutors or Clients registered on the database, the truth or accuracy of such the listings of information provided by such Users, the ability of Tutors to offer claimed services or ability of Client to fulfil the terms of their engagement. Save for the First Lesson we are not involved in the actual transaction between Tutors and Clients. Hace is not to be considered to be an agent of any Tutor or any Client.5.5
Hace does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Site or the material results in the need for servicing or replacing equipment or data, we are not responsible for those costs. The Material on the Site may contain inaccuracies or typographical errors. Hace makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material. Changes are periodically made to the Site and may be made at any time.5.6
Without limiting any of the other disclaimers of warranty set forth herein, to the extent permitted by law, we hereby exclude all warranties and conditions, whether express or howsoever implied, including the warranty of fitness for particular purpose and non-infringement. We will not be liable to any User in respect of any loss or damage which may be suffered or incurred as a result of their use of the Site.5.7
Hace will not be liable for any delays in performance and/or non-performance caused by any event outside its reasonable control, including but not limited to, any act of God, disease or epidemic, action by any government entity, strike, network difficulties, or electronic malfunction. In no event will Hace be liable for any failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, or any other non-performance related to the Site or the Services.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Hace, its affiliates and their respective officers, directors, employees and representatives, be liable for any damages whatsoever (including, without limitation, incidental, consequential or special damages or lost profits) resulting from the use or inability to use the Site and the Material, whether based on contract, tort, or any other legal basis, and whether or not Hace is advised or had knowledge of the possibility of such damages.
You agree to fully indemnify Hace, its affiliates and their respective officers, directors, employees, representatives and agents, from and against any claims, actions or demands, including without limitation, legal costs and expenses on an indemnity basis, arising from or in connection with, directly or indirectly, any of the User Content or your use of the Site or your breach of the these Terms and Conditions. Hace shall provide notice to you promptly of any such claim, suit, or proceeding.
LIMITATION OF LIABILITY
Without prejudice to or limiting the other provisions herein, in any event, Hace's maximum liability arising out of or in connection with the Site or your use of the Site, regardless of the cause of action, will not exceed SGD 25.
TERM AND TERMINATION
LINKS TO OTHER SITES
The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Hace of the contents on such third-party web sites. Hace is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions and all questions concerning its construction, performance, validity and interpretation shall be governed by the laws of Singapore.
Parties submit to the exclusive jurisdiction of the Singapore courts.© HACE SERVICES SOLUTION PRIVATE LIMITED