Updated on 17th December 2024 - 1500

TERMS AND CONDITIONS FOR CUSTOMERS – MYTUTOR

By using the Services as defined below, you acknowledge that you have understood and agreed to these Terms and Conditions. If you do not agree and/or do not wish to activate and/or use the Services, please refrain from utilizing MyTutor, the Platform, or the Services as defined below.

To use the Services, you agree to adhere to the company’s operational policies, the Terms and Conditions detailed below, as well as the FAQs available on the portal mytutor.my, which form an integral part of this agreement (collectively referred to as the “Terms and Conditions” or “T&C”). These T&C constitute an agreement between you and MyTutor Academy Sdn Bhd (1233291-H), with its business address at B9-4, Block B, Jalan Haruan 5/9, Pusat Komersial Oakland 2, 70300 Seremban, Negeri Sembilan, Malaysia (referred to as the "Company").


1. General Provisions


The Company is an information technology business entity that operates an online educational service platform and system. This system facilitates matching and/or connecting physical and/or virtual learning requests from parents, students, and third parties with instructors and/or educators, and vice versa, via the portal mytutor.my (the "Platform") and/or mobile applications provided by the Company (“Apps”). The Company, Platform, and Apps are neither tuition centers nor intended to provide Teaching Services or engage in activities that can be construed in any manner as an act of providing Teaching Personnel (the “Services”).

The Company is not responsible for the actions and/or omissions of any Tutor and/or any Teaching Services provided to you. The primary objectives of the Services are as follows:

  1. To enable individuals seeking teaching services to be matched with independent third-party teaching providers (“Tutors”).
  2. To facilitate the collection and disbursement of payments between individuals seeking Teaching Services and Tutors.
  3. To enable communication between individuals seeking Teaching Services and Tutors.
  4. To provide any ancillary or related services (collectively “Services”).

By using these Services, you explicitly acknowledge and agree to be bound by the Terms and Conditions, along with any amendments and additions to these Terms and Conditions that may be made from time to time and published on www.mytutor.my or through the Apps.

The Company reserves the right, at its sole discretion, to amend and/or modify the Platform’s enhancements, these T&C, and/or any policies related to the Services. You acknowledge and agree that it is your responsibility to review the T&C regularly. Continued use of the Services following any changes, whether reviewed by you or not, constitutes your agreement and acceptance of the amended terms.


2. Representations and Warranties


By using the Services, you represent and warrant that you are legally entitled to accept and agree to the T&C and are at least eighteen (18) years old. The Services are not available to individuals under the age of eighteen (18) or those prohibited for any reason from entering into contractual relationships. You further warrant that all information provided by you is accurate and truthful.

Your use of the Services is for your personal use only. You agree not to allow others to use your identity or user status, nor transfer your user account to any other individual or entity. While using the Services, you agree to comply with all applicable laws, whether in Malaysia or any location from which you access the Services.

You may only access the Services using authorized methods. It is your responsibility to ensure you have obtained the correct Platform and Apps for your device. The Company is not liable if you do not possess a compatible device or if you have downloaded the incorrect version of the Apps or Platform for your device. The Company reserves the right to deny access to the Services if your device is incompatible or unauthorized.


By using the Platform, Apps, and any related communication channels, you agree to:

  1. Use the Services for lawful purposes only.
  2. Acknowledge that the Platform and/or Apps operate on an "as-is" basis and are subject to reasonable best-effort standards.
  3. Use the Services solely for their intended purposes.
  4. Refrain from using the Services to transmit or store illegal materials or to disrupt or defraud others.
  5. Avoid causing harm, damage, or interference with the integrity or performance of the Platform, Apps, or related data.
  6. Refrain from contacting Tutors for purposes other than the Services.
  7. Avoid jeopardizing the proper functioning of the Services.
  8. Not intentionally or unintentionally harm the Services, Apps, or Tutors.
  9. Refrain from copying or distributing the Platform’s content for personal or commercial use without prior written authorization from the Company.
  10. Maintain the confidentiality of your account password and any identification provided to access the Services.
  11. Provide valid identification upon request by the Company.
  12. Register only one account per device.
  13. Assume full responsibility for any losses or damages resulting from breaches of the T&C.

You agree to provide accurate, up-to-date, and complete information as required and to maintain and update this information throughout the duration of this agreement. You acknowledge that inaccurate or incomplete information may result in the termination of your agreement and access to the Services.


3. Taxes


This agreement is subject to all statutory taxes, duties, fees, charges, and/or costs as may be imposed or introduced in the future. You agree to take all necessary actions required by law to enable the Company to claim or verify any tax credits, deductions, rebates, or refunds related to taxes paid or payable for the Services supplied under this agreement.


4. License Grant and Restrictions


The Company grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, and limited license to use the Platform and/or Apps for your personal, non-commercial purposes, subject to these T&C. All other rights are reserved by the Company.

You are prohibited from:

  1. Licensing, sublicensing, selling, reselling, transferring, assigning, distributing, or commercially exploiting the Platform.
  2. Modifying or creating derivative works based on the Platform.
  3. Linking to, framing, or mirroring the Platform on other servers or devices.
  4. Reverse engineering the Platform to: a. Build competing products or services, b. Copy Platform features or functions, c. Create derivative works.
  5. Launching automated programs or scripts that overload or disrupt the Platform’s operations.
  6. Using automated tools to extract data or replicate Platform features.
  7. Removing copyright notices or proprietary rights information contained in the Services.
  8. Using the Platform or Apps for any activities that damage the Company's reputation or goodwill.

You agree to use the Platform and/or Apps only for their intended purposes and to refrain from actions that violate these restrictions.


5. Intellectual Property Ownership


The Company owns all rights, titles, and interests, including all related intellectual property rights, in and to the Platform, Services, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any party relating to the Services. The T&C does not constitute a sale and does not convey to you any ownership rights in or related to the Services and/or Platform, or any intellectual property rights owned by the Company and/or its licensors. The Company name, logo, Services, Platform, and the product names associated with the Platform are trademarks of the Company, and no right or license is granted to use them.


6. Confidentiality


You shall maintain the confidentiality of all information and data relating to the Company, Platform, and/or Services, including but not limited to product information, business affairs, marketing and promotional plans, or other operations disclosed to you by the Company. You shall not disclose such information to any third party without prior written consent from the Company.

The confidentiality obligation shall not apply to information that:

  1. Was in your possession prior to receipt from the Company.
  2. Becomes publicly available without breach by you.
  3. Is received from a third party who has the right to disclose it.
  4. Is required to be disclosed by law.


7. Personal Data Protection


You agree that the Company may process your personal data for purposes identified below. “Personal Data” refers to information that identifies you, your spouse, and/or individuals receiving teaching services, including but not limited to names, identification numbers, contact information, payment details, and sensitive data such as health or religious beliefs.

Provision of your Personal Data is voluntary. However, failure to provide this data may result in incomplete requests and the inability of the Company to provide Services.

The Company may use your Personal Data for purposes including but not limited to:

  1. Fulfilling contractual obligations.
  2. Providing Services as per these T&C.
  3. Processing participation in events, promotions, or research.
  4. Verifying payments and refunds.
  5. Enhancing the Services.
  6. Complying with legal obligations.
  7. Communicating updates, promotions, or event invitations.

The Company may share your data within its group companies or with authorized third parties, subject to strict confidentiality agreements.

If you object to the processing of your data, please contact the Company at hi@mytutor.my. You may also request access, corrections, or restrictions on your data processing. Requests may be subject to a reasonable processing fee.


8. Independent Interactions


While using the Services, you may interact with, purchase goods or services from, or participate in promotions with independent providers, advertisers, or sponsors displaying their offerings through the Services and/or Platform. Such interactions, including terms, warranties, or representations, are solely between you and the relevant third party. The Company disclaims liability for any correspondence, transactions, or promotions between you and third parties.

The Company does not endorse any websites linked through the Services and/or Platform. Accessing such sites or engaging with independent providers is at your own risk. You agree to take necessary precautions in all interactions conducted through the Services.


9. Indemnification


By using the Services, you agree to indemnify, defend, and hold harmless the Company, its licensors, affiliates, and their respective officers, employees, and agents from claims, costs, damages, or liabilities arising from:

  1. Your use of the Services, Platform, or interactions with Tutors and third parties.
  2. Breach of these T&C or any applicable laws.
  3. Violation of third-party rights, including intellectual property and privacy.
  4. Misuse of the Services or Teaching Services.
  5. Misuse of offers or discounts, including fraudulent activities.


10. Disclaimer of Warranties


The Company makes no warranties regarding the reliability, accuracy, timeliness, or quality of the Platform, Apps, Tutors, or Teaching Services. The Services are provided on an “as-is” basis. The Company disclaims responsibility for errors, interruptions, or issues arising from the use of the Services.


11. Internet Delays


The Services may be subject to limitations, delays, and issues inherent in electronic communications and internet use. The Company is not liable for delays or failures caused by such issues, including device malfunctions or disruptions.


12. Tutor Job Scope


Tutors are educators responsible for teaching your child and/or yourself. They may engage in activities such as reading, arts, and play conducted in a safe manner to promote effective learning.
Tutors do not perform household chores, cook or prepare meals, care for pets, the elderly, or individuals with disabilities. They also do not pick up or drop off children.


13. Booking Time Restrictions


Bookings made and paid for are for specific hourly sessions agreed upon prior to the commencement of teaching. The Teaching Services must be utilized according to the agreed hours, and any rescheduling or replacement services must match the duration of the original booking within the validity period.


14. Cancellations & Refunds


Refunds apply only to service fees and/or applicable bonuses/allowances/transportation tips.


15. Rescheduling


You may reschedule Teaching Services with notice of more than 24 hours. However, the duration of the Teaching Services cannot be altered. Shortened durations will not receive credit. Extensions following rescheduling will incur charges based on the agreed rate.

Rescheduling with less than 24 hours' notice is not permitted. If you decide to cancel after rescheduling, the cancellation terms will apply.


16. Additional Time


If you require additional time, please inform us at least one (1) hour before the session ends. A payment link will be provided for the requested additional time. Tutors are not obligated to extend their services without prior payment or if they have other commitments.

The rate for additional time will follow the agreed charges established before the session commenced.


17. Location Changes


Services by Tutors are conducted at the location specified at the time of booking. Any changes to the location must be communicated to us with at least 24 hours' notice. We will attempt to accommodate your request subject to Tutor availability and agreement. Additional transportation costs may apply.

Failure to provide adequate notice (less than 24 hours) may result in the inability to fulfill your request, and cancellation terms may apply if you decide to cancel.


18. Service Refusal


If a Tutor is asked to perform tasks outside their defined responsibilities as stated in the booking form, they may refuse. Similarly, if the request involves false information, harassment, threats, or endangerment to anyone, the Tutor may terminate the service immediately without a refund or replacement.

Tutors may also refuse tasks or locations that violate or conflict with religious sensitivities. Clients who fail to comply with these terms will be barred from using our services.


19. No-Show/Unavailable Client


If, after confirming their arrival, the client is unavailable to provide access or meet the Tutor and fails to respond to calls or messages via phone or WhatsApp, the Tutor will wait for 15 minutes. After 15 minutes, the Tutor may leave the location, and rescheduling will be required. Additional transportation costs may apply, as determined by us.


20. Limitation of Liability


The Company is not liable for any injury, loss of life, property damage, or service delays arising from circumstances beyond its control, including but not limited to acts of God, natural disasters, accidents, acts of war, civil unrest, industrial actions, traffic disruptions, or third-party acts.

The Company does not warrant that its technology, Platform, Apps, or customer services will operate as intended on your devices. No guarantee is provided regarding the availability, reliability, timeliness, or quality of delivery services, Platform, Apps, or Tutors.

The Company disclaims liability for losses or damages, whether direct, indirect, or incidental, arising from the installation or use of the Platform and/or Apps on your devices.


21. Notifications


The Company may issue notifications via public announcements on the application, email to the address on record, or written communication sent by registered or prepaid mail to the address on record. Notifications will be considered delivered:

  1. Forty-eight (48) hours after posting via registered mail.
  2. One (1) hour after email delivery.

You may provide notices to the Company via courier or registered mail. Such notices are deemed delivered upon receipt by the Company.


22. Conflicts


This agreement, as contained within the T&C, may not be assigned without prior written approval by the Company and may be transferred by the Company without your consent. Any conflicts arising from your disagreement with these T&C will render the agreement void.


23. General Provisions


This agreement is governed by Malaysian law. Disputes, claims, or actions relating to these T&C, the Platform, or the Services shall fall under the exclusive jurisdiction of Malaysian courts.

No partnership, employment, or agency relationship is established through this agreement. Invalid provisions will not affect the enforceability of the remaining terms. The Company’s failure to enforce a provision does not constitute a waiver.

The Company reserves the right to terminate this agreement immediately for any breach, without compensation or reimbursement for costs incurred under the agreement.