Updated as 17 May 2023 - 15:50 (Update Sec 1, Sec 3.viii, Sec 4. C, Sec 5. xiii - xvi, Sec 6.C, Sec7.D)
Updated 27 March 2023 - 16:12 (Update Sec 3.vii)
06 October 2023 - 22:30 (Update Sec 5. xv-xvii)
contract between you and MyTutor Academy Sdn Bhd (1233291-H) and its family or subsidiaries (collectively, “MyTutor,” “we,” or “us”).
By registering in MyTutor, you agree to this Agreement. If you do not agree with the terms of this Agreement, then do not register.
This Agreement applies to our relationship with you as a Tutor who provides learning classes with our community of end users via the Services.
This Agreement applies to our relationship with you as a Tutor who promotes your expertise but not limited to teaching, guidance and pedagogy skills in MyTutor.my as MyTutor is a Platform
Service Provider to end users. This action of yours which makes your service as a freelancer and/or self-employed in our platform. You understand that this agreement will not binded as an
Employer and Employee relationship between us in any designated agencies and monitoring bodies act and law in Malaysia.
“Account” means your MyTutor account.
“Channel” means a and/or any designated area running on the MyTutor Platform where Tutors develop, maintain and distribute their physical and/or online contents but not limited to
handouts, learning exercise and materials.
“Tutor Program Guide” means the guide for the MyTutor Tutor Program that contains operational details about participating in the Tutor Program and frequently asked questions.
“Profile” means your original profile that you make available via the Services
“Class” means your Profile that you give to the Services and for which you have designated you wish to be paid. See further details for designating class in the Tutor Program Guide.
“Services” means the physical and/or online services available on the MyTutor Platform.
“Territory” means worldwide except that prohibited by law.
“MyTutor Platform” means all of the platforms and services offered on the MyTutor physical and/or online digital learning environment, primarily including but not limited to mytutor.my,
edufy.my and such other platforms and services as may be offered by MyTutor in the future.
“MyTutor Credits” is a marketing term used to denote the level of access a user has paid for in order to unlock class on the MyTutor Platform.
You will need to create an account with MyTutor to post about yourself and your expertise to our Services. Your Account is non-transferable.
Here are a few rules about accounts with MyTutor:
Note that as of the publication date of this Agreement, MyTutor is only able to pay out funds to bank accounts in Malaysia. In order to be paid as a Tutor under the Tutor Program, you will
need to link a local Malaysian bank account to your Account for any outside Malaysia’s Tutors or contact directly with our Customer Service for guidance.
MyTutor pays a Tutor teaching fee(s) to all eligible Tutors based upon the number of MyTutor Credits that were used to access their class within a given period of time.
Tutor shall receive a teaching commission (hereinafter the “Commissions”) on successful sales of their selected class. The Commissions is based on the payment that is agreed by both
parties (tutor & client) before the beginning of the class. The Structurization may be modified at any time by agreement with selected affiliates in order to incentivize best practices and
reward outstanding results as provided. Tutor shall receive the Commissions as per Structurization of the net revenues arising from Tutor’s class sales where such class were sold or
otherwise generated during this Agreement term. Tutor shall have no rights or obligations with respect to sales of class where the order or contract for such sales occurred prior after the
due expiration or termination of this Agreement; provided, however that MyTutor shall pay Tutor a Commissions equal to above said of the net revenues arising from the said sales made prior
for which the orders have been confirmed and/or written but that must be fulfilled and invoiced after this Agreement term. Tutor shall have no liability for Commissions to the sales force
relating to sales of class occurring prior to this Agreement term for which invoices have been issued. Net revenues shall be gross revenues, less any payable(s) to third parties.
MyTutor does not receive Tutor funds. In the event MyTutor is deemed to be a recipient of any of your funds as a Tutor, you agree that MyTutor would do so as your agent.
If your Account is in good standing and you, as a Tutor, have remained in compliance with this Agreement and MyTutor’s policies for the entirety of the period for which payment is made and
through to the date that the payment is issued, you will receive a payment for the amount earned on the Services.
MyTutor transfers payment to Tutors within ten (10) MyTutor business days after the end of the calendar month following any calendar month in which the balance reflected equals or exceeds
the applicable payment thresholds, if applicable that established by MyTutor. If your Account has been suspended or terminated, or your compliance with MyTutor policies is under
investigation, your payment may be delayed or withheld.
You are responsible for maintaining accurate contact and payment information within your Account. This will ensure proper payment.
MyTutor may withhold and offset any payments owed to you against any amounts we may have overpaid to you in prior periods. If you do not have a balance in your Account to offset any
overpayment, you are required to refund us within thirty (30) Gregorian calendar days of receiving notice from us that we have overpaid to you. You are responsible for any charges assessed
by your bank or payment provider.
Please see the Tutor Program Guide for more details regarding how we process payments to you, frequently asked questions (FAQ), our Customer Service and/or any available info on MyTutor
Payments will be calculated by MyTutor’s accounting department. You acknowledge and agree that you are only entitled to payment for monies earned for which MyTutor has received payment.
If, for any reason, payment is credited back to a user, you are not entitled to be paid for that transaction. If a user defaults on payment or a payment is made fraudulently with stolen
credit cards, debit cards and/or any illegal transaction modes, we may withhold payment or charge back your Account. MyTutor works diligently to ensure that these instances are rare in
order to maintain a safe ecosystem for our end users and Tutors. MyTutor reserves the right to withhold payment for any class that does not comply with this Agreement or MyTutor’s
You are responsible for taxes, compulsory contributions by any related Government agencies and will pay to MyTutor any applicable taxes that you owe solely from entering into this
Agreement and which are permitted to be collected by MyTutor under applicable law. We will not collect any taxes covered by a valid exemption certificate that you provide us. If you are
based in a jurisdiction that collects value added tax (VAT), Malaysian Sales and Services Tax (SST) and/or other similar tax and contributions, you must provide a detailed identification
number such as business number as applicable upon request.
Suspension and Entitlement to Further Payment
MyTutor may at any time without providing a notice and/or warning, temporarily suspend further payments on your Account. MyTutor may suspend payments to your Account due to invalid
activity or your failure to fully comply with this Agreement or MyTutor policies.
If MyTutor removes your Profile from the Services because of your failure to fully comply with this Agreement or MyTutor’s policies, you will not be entitled to any further payment from
MyTutor for any prior periods for the applicable Profile content.
If your Account is suspended or terminated by MyTutor because of a breach of this Agreement or MyTutor’s policies, you:
Terminating Your Account
If you terminate your Account and the balance reflected in your Account equals or exceeds the payment threshold, MyTutor will pay you that balance within approximately thirty (30) MyTutor
business days after the end of the calendar month in which you terminated your Account. Any balance reflected in your Account that is below the payment threshold will be forfeited.
If MyTutor terminates your Account and you want to dispute this termination, you must notify MyTutor within thirty (30) Gregorian calendar days of our notice of termination by submitting a
written appeal. If you do not appeal within said days, any claim related to your termination is waived.
Performance Rights Organizations
MyTutor is registered with the primary performance rights organizations in the industry. We will collect, report and pay any performance rights organizations when applicable for your
By consenting to this Agreement, you pledge to abide by the established rules when utilizing our Services. Please be aware that you will be granted three (3) opportunities to comply, after
which your account may face suspension and/or termination. However, certain transgression that you commit may be deemed serious and result in immediate account termination. These offenses
include but not limited to the following :
MyTutor grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services for the purpose of posting and
curating your Profiles on your Channel(s). MyTutor reserves all rights to the Services not expressly granted by MyTutor whether by implication, estoppel and/or otherwise.
Any software such as mobile applications that we provide may automatically download and install updates, or other new features. You may be able to adjust these automatic downloads through
your device’s settings, but be aware that limiting updates may limit the functionality and security of our Services.
You must not copy, download, modify, distribute, sell and/or lease any part of our Services, nor may you use the Services, any tools provided by the Services or any content on the Services
for any commercial purposes outside of the Tutor Program but not limited to get hold of the subscribers and/or prospects from and/or off mytutor.my without our prior written consent. You
must not reverse engineer or attempt to extract the source code of our software, unless applicable laws prohibit these restrictions or you have our written permission to do so. We also do
not grant you the right to use our branding, logos, designs, photographs, videos or any other of our materials used in the Services.
Any use of the Services or any content or products offered through the Services except as specifically authorized in these Terms without the prior written permission of MyTutor is strictly
prohibited and may violate intellectual property rights or other laws.
MyTutor reserves the right, with or without prior notice in their sole discretion to:
License to MyTutor
For all Services, you grant MyTutor a worldwide, royalty-free, unrestricted and transferable license to host, store, transmit, use, display, reproduce, modify and distribute your Profiles
on the Services or for the purpose of promoting the Services. This license is for the limited purpose of operating, providing, improving, promoting and developing our Services, as well as
helping to develop new Services.
You have the right to remove any or all of your Profiles from the Services at any time at your discretion. We commit to our end users that if they use MyTutor Credits to access your class,
the applicable Profile(s) will be available to them for no less than sixty (60) Gregorian calendar days from the date they used their credits to unlock access to the class. This means that
if you remove your Profile from the Service, you will not receive payment for any class that is removed within the above said days of a user attempting to access it with their MyTutor
License to Other Users
You further grant us the right to allow all users of the Services to view and/or access your Profile for their personal non-commercial purposes.
The above licenses will continue until you remove and/or we remove your Profile from the Services in which case the licenses will terminate within a commercially reasonable period.
You agree that MyTutor may feature and otherwise use your name, likeness and biographical information that you provided in setting up your profile as a Tutor in MyTutor marketing and
promotional materials worldwide for the purposes of:
The Services may contain advertisements. In consideration for MyTutor letting you access and use the Services, you agree that we, our affiliates, and/or our third-party partners may place
advertising in the Services. Therefore, advertising may sometimes appear with your Profile.
MyTutor will provide oversight of all Channels to ensure quality controls are in place for all Channel content including curating content, quantity controls and subject matter monitoring.
You agree to comply with instructions from MyTutor regarding quality control of your Channel and your Profiles. You acknowledge and understand that if you do not comply, MyTutor will take
down any Profiles that do not comply with this Agreement and MyTutor policies in our sole discretion.
You are entirely responsible for the content(s) of and any harm resulting from any of your communications within the Services and submissions of Profile to the Services. When you
communicate with end users or create or make available your Profiles, you agree that you:
The Services and content or products offered through the Services may be unavailable from time to time, may be offered for a limited time and/or may vary depending on your region or
We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and MyTutor is not liable for any disruption or loss you may suffer
as a result. In the event of an outage, you may not be able to retrieve your Profiles. If this happened, do contact our customer service via email [email protected]
Our Service Management
We may but are not required to:
Risk of Harm
Please note that there are risks including but not limited to the risk of physical harm, of dealing with strangers including persons who may be acting under false pretenses or providing
false information. Please choose carefully the information you post on the Services and that you give to other Services users. You assume all risks associated with dealing with other users
with whom you come in contact through the Services. We expect that you will use caution and common sense when using the Services.
Profiles are Uploaded at Your Own Risk
MyTutor uses reasonable security measures in order to attempt to protect Profiles against unauthorized copying and distribution. However, MyTutor does not guarantee that any unauthorized
copying, use and/or distribution of Profiles by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that MyTutor shall not be liable for
any unauthorized copying, use or distribution of Profiles by third parties, and release forever waive any claims you may have against MyTutor for any such unauthorized copying or usage of
the Profiles under any theory. The security measures to protect Profiles used by MyTutor for the Services under this Agreement are provided and used “As-Is” and with no warranties,
guarantees, conditions, assurances, and/or other terms such security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements and/or
other circumvention of such security measures.
Unaffiliated Third-Party Services and Applications
We may provide connections via application programming interfaces to some third-party services which will be governed by their own terms. If you access any of these connected services,
your use of those third-party services shall be governed by their terms.
MyTutor may implement updates and changes to its Tutor Program Guide at any time. We will provide advance notice of these changes to our Tutors either via email notice, by notice issued
via your Account or any applicable section(s) on MyTutor Platform. You are responsible for checking your Account, the Tutor Program Guide and said platform periodically for updates and
Updates and changes to the Tutor Program Guide, Terms and Conditions (T&C) and/or Policies are binding as of the effective dates provided in our notice and/or unless otherwise noted the
changes will not apply retroactively.
This Agreement starts on the earlier of:
Termination for Cause
In addition to any other rights and remedies available under this Agreement or applicable law, all of which are expressly reserved by the parties, either party may terminate this Agreement
for cause for material breach of this Agreement by the other party.
Either party may trigger termination under this section by providing written notice of the same to the other party. Termination will be effective thirty (30) Gregorian calendar days after
receipt of the notice unless:
Suspension Pending Cure
If a party provides written notice of termination for cause under Section 10(b), the Parties will continue their full performance and not withhold or delay any deliverables until the
breach is cured or the cure period ends and this Agreement is terminated. Notwithstanding the foregoing, if terminated based on your breach related to posted Profiles, we reserve the right
to temporarily remove the applicable Profiles and/or refuse to post new Profiles until the end of the cure period.
Termination for Convenience
You may terminate this Agreement for convenience at your discretion by either:
Sections 2, 3, 4, 7, 11, 12, 13, 14, 15 and 16 of this Agreement will remain in effect even after your access to the Services is terminated or you terminate your Account.
Each party represents and warrants that it is free to enter into and perform its obligations under this Agreement and neither party is nor will they be under any disability, restriction or
prohibition, contractual or otherwise with respect to;
You represent and warrant that to the extent you provide Profiles for use by MyTutor pursuant to this Agreement, neither your Profiles, nor MyTutor’s use, reproduction and exploitation of
such Profiles will violate any law or infringe upon any common law or statutory rights of any third party including without limitation for contractual rights, copyrights, trademarks and
rights of privacy or publicity.
Without limiting the generality of the foregoing and subject to the terms of this Agreement, you specifically represent and warrant that you will not post any Profiles that you have
previously licensed to a third-party on an exclusive basis.
During the term of this Agreement, you agree that you will not enter into any agreement with a third-party that would in any way impair or interfere with the rights granted MyTutor under
“As is” Basis
MyTutor provides the Services on an “as is” and “as available” basis. You therefore use the Services at your own risk. MyTutor expressly disclaims any and all warranties of any kind
whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement and any other warranty that might
arise under any law. Without limiting the foregoing MyTutor makes no representations or warranties:
MyTutor is not liable for any special, consequential, indirect, incidental, punitive, reliance or exemplary damages whether in tort, contract or any other legal theory arising out of or in
any way connected with this Agreement or your use of or attempt to use our Services. The said including but not limited to damages for loss of profits, goodwill or data. This limitation on
liability shall not be affected even if we have been advised of the possibility of such damages. Some government states or their agencies do not allow for the exclusion of implied
warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state
to state and agencies.
You agree to release us, our affiliates, our respective directors, shareholders, officers, employees, agents and third-party service providers from any claims, demands and damages that is
direct and consequential of every kind and nature, known and unknown, disclosed or undisclosed arising out of or in any way connected to your use of the Services.
You agree to indemnify, defend and hold harmless MyTutor and our affiliates, directors, shareholders, officers, employees and agents from any claims including attorney’s fees related to:
a. all third-party actions that:
This Agreement is governed by the laws of Malaysia without regard to its conflict of international laws rules.
Any action arising out of or relating to this Agreement or your use of the Services must be commenced in the state or federal courts located in Malaysia preferably Seremban, Negeri
Sembilan. Both you and MyTutor consent to the jurisdiction of such courts.
You and MyTutor agree that any dispute or claim arising from or relating to this Agreement shall be finally settled by arbitration, using the Bahasa Melayu while English as referral
language, administered by the Asian International Arbitration Centre (AIAC), Bangunan Sulaiman, Jalan Sultan Hishamuddin, 50000 Kuala Lumpur Malaysia under its Arbitration Rules are deemed
to be incorporated by reference into this section. Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in
any Malaysian court that has jurisdiction. Any arbitration under this Agreement will take place on an individual basis, class arbitrations and class actions are not permitted. You
understand that by agreeing to this Agreement, you and MyTutor are each waiving the right to trial by jury or to participate in a class action.
Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief pending a final
decision by the arbitrator. You agree that you will assume the entirety of costs of any claim you submit for arbitration that is found to be frivolous by the arbitrator or determined to be
“no fault” of MyTutor.
Waiver and Remedies
Headings are for convenience only and shall not be used to construe this Agreement. No failure or delay by MyTutor in exercising any right hereunder will waive any further exercise of that
right. MyTutor’s rights and remedies hereunder are cumulative and not exclusive. You agree to not hold MyTutor or its employees, officers, directors, shareholders and agents liable for any
damages resulting from usage of the Services, content uploaded, deleted, lost, posted or other actions from the Services.
If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such
modification is possible, that provision will be severed from the rest of this Agreement.
This Agreement does not create an agency, partnership, joint venture, employment or franchisee relationship between you and MyTutor.
Successors; Assignment; Third Party Beneficiaries
This Agreement is binding upon both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You may not assign this
Agreement without MyTutor’s prior written consent. No third-party beneficiary rights are created under this Agreement.
Any notice desired or required to be given by either party to the other shall be in writing and shall be delivered by hand, WhatsApp or sent by certified or registered mail, postage
prepaid, return receipt requested, or sent by air express or any other similar type of first-class overnight courier service that provides proof of delivery, or by e-mail provided that any
notice of termination must be sent by a means that provides proof of delivery.
You may send notices of a legal nature to MyTutor at [email protected] or the following contact info:
MyTutor Academy Sdn Bhd (1422555-H),
Unit B8-4 & B9-4, Blok B, Jalan Haruan 5/9, Pusat Komersial Oakland 2, 70300 Seremban, Negeri Sembilan MY
Attention: General Manager
Email: [email protected]
MyTutor will send notices to you at the postal address, mobile number and/or email address you provided in the profile of your Account.
This Agreement can be changed only by an amendment signed by both parties as stated per Section 16 below.
Neither party will issue any press release or public announcement regarding this Agreement without the other party’s written consent. The parties agree to cooperate in order to draft an
appropriate press release and any other public announcements relating to the subject matter of this Agreement and the relationship between the parties. The parties will not unreasonably
withhold or delay their consent to press releases or public announcements.
This is the entire agreement between you and MyTutor for sharing your Profiles via the Services. It supersedes any prior agreements between you and MyTutor regarding sharing your Profiles
via the Services. All parts of this Agreement apply to the maximum extent permitted by relevant laws.
If you agree to be bound by the terms of this Agreement, you should check the box indicating your agreement to the terms of this Agreement on the registration page. If you do not agree to
be bound by the terms of this Agreement, you should not check the box but you will not be able to proceed with the registration process for the respective Service and become a subscriber.
To the extent you have access to, or are using, a Services without having completed our registration process, you are hereby notified that your continued use of a Services is subject to
many of the terms and conditions of this Agreement as explained.
This Agreement may be executed and/or amended via electronic transmission with the same effect as if executed on a document and as if the signature was an original. Your acceptance but not
limited to MyTutor updated term(s), condition(s) and/or policy(s) in/on the MyTutor Services should be read together in this Agreement as your acknowledgement of the said statement.