1. Accepting This Agreement

Your Tutor Agreement consists of these terms, the Privacy Policy, the Terms and Conditions, and the Tutor Agreement (collectively, the “Agreement”). This Agreement is a legally binding 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.

2. Definitions

“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.

3. Fees and Payments

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:

1. You must provide accurate information about yourself, including but not limited to your profile, contact information and education levels.
2. You must not use false information or impersonate another person or company through your Account;
3. You only can create one account for yourself for use as a Tutor, provided that you otherwise comply with this Agreement.
4. You must not buy, sell, rent, or lease access to your Account;
5. You must not log in or attempt to access the Services through unauthorized third-party applications or client software; and
6. You are responsible for your Account. You are solely responsible for any activity on your Account. If you are sharing an Account with other people, then the person whose billing information is on the Account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to this Agreement on behalf of the business.
7. You must not cancel your tuition job without prior early notice at least three (3) days before the tuition job with given approval by MyTutor. You are banned from MyTutor for any unapproved said action immediately.
8. Your cancellation is strictly prohibited after payment received from the client. MyTutor has the right to issue a warning notice for such action.

4. Payment Terms

General
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 Platform.

Payment Calculation
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 policies.

Taxes
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:

1. will be prohibited from creating a new MyTutor account, and
2. may not be permitted to monetize content on any MyTutor Platform.

If you want to dispute any payment made to you relating to your Profiles on the Services, you must notify MyTutor within thirty (30) Gregorian calendar days of any such payment, non-payment by submitting a written appeal. If you do not appeal within said days, any claim related to the disputed payment is waived. By accepting payment from MyTutor, you agree that the payment amount is accurate and not subject to dispute. You may terminate or close your Account with MyTutor at any time by completing the Account cancellation process. Your Account will be considered terminated within thirty (30) Gregorian calendar days of receipt of your notice. If you terminate all Accounts, then this Agreement will also terminate.

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 Profiles.

5. Code of Conduct

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 :

1. Don’t do anything illegal.
2. Don’t engage in any activity that exploits, harms and/or threatens to harm end users both electronic and/or physical, but not limited to written, spoken or gestures.
3. Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages or similar electronic or physical communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, national identification card numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
4. Don’t publicly display or use the Services to share inappropriate content or material but not limited to nudity, bestiality, pornography, offensive language, graphic violence or criminal activity.
5. Don’t engage in activity that is fraudulent, false or misleading but not limited to asking for money under false pretenses, impersonating someone else, manipulating the Services to affect rankings, ratings and/or comments.
6. Don’t use or attempt to use another’s account, username or password without their permission.
7. Don’t circumvent any restrictions on access to or availability of the Services.
8. Do not prove, scan or test the vulnerability of our Services or any MyTutor system or network
9. Don’t engage in activity that is harmful to you, the Services or others but not limited to transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech or advocating violence against others.
10. Don’t infringe upon the rights of others but not limited to unauthorized sharing of copyrighted music or other copyrighted material or photographs.
11. Don’t engage in activity that violates the privacy of others.
12. Don’t help others break these rules.
13. In order to preserve the integrity of the platform and ensure a secure and transparent tutoring experience, you are not permitted to acquire subscribers and/or prospects from and/or off mytutor.my respectively. MyTutor at any time under its sole judgment may terminate your service for such action. We urge you to adhere to our policies and continue to support MyTutor as a trusted educational partner.
14. Cancellation after receipt of payment from the client is strictly prohibited. MyTutor reserves the right to issue a warning notice for such action.
15. It is strictly prohibited to provide your contact information to the client before the details of the tuition job is finalized.
16. It is strictly prohibited to Missing in Action (MIA) after the tuition job between you and the client has been finalized. If you are found MIA, your account will be terminated, and you will no longer be permitted to teach under mytutor.my. For tutors who take multiple tuition job under the mytutor.my platform, account restrictions will be implemented with the following example steps: If you are found to be violating the rules by disappearing without notice for tuition job A but still actively conducting tuition job B within the MyTutor platform, your account profile will be in Hidden Mode, and you will need to complete the required hours for tuition job B as being mutually accepted between and the client, before your account is restricted.

6. License Grant to You

Your License
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.

Updates
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.

Our Stuff
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.

Rights
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:

1. change content descriptions, images and/or references;
2. limit the availability of any content even paid content and MyTutor live events;
3. honor or refuse to honor any coupon, coupon code, promotional code and/or similar promotion;
4. ban and/or bar any user from the services; and/or
5. refuse to provide any user with any specific service or product.

7. License Grant to MyTutor

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 Credits.

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.

License Term
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.

Promotion
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:

1. promoting your Profile, MyTutor, the Services, and the MyTutor Platform
2. recruiting “MyTutorPro Affiliate” and other Tutors, and
3. generating user interest and engagement both on the MyTutor Platform, at MyTutor sponsored and/or any events.

During the term of this Agreement, MyTutor has the rights throughout the Territory to use and publish, and to permit others to use and publish your Channel brand, your name, likeness and biographical information for advertising and trade purposes in connection with the MyTutor Platform and the Services including but not limited to in the promotion, marketing, licensing or other exploitation of the MyTutor Platform, the Services and the content on the Services.

Advertising
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.

8. Content Restrictions

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:

1. Will not post Profiles that violate our Terms and Conditions which are incorporated into this Agreement by reference.
2. Will not post Profiles that contain advertisements or solicit any person to buy or sell products or services other than our products and services;
3. Will not use the Services for any commercial purpose outside of the Tutor Program or any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, advertising or offering to sell products or services whether or not for a profit, soliciting others including solicitations for Profiles or donations, or engaging in unauthorized framing of, or linking to the Services without our express written consent; and
4. Will not post Profiles that constitute, contain, install or attempts to install or promote spyware, malware or other computer code, designated to enable you or others to gather information about or monitor the online or other activities of another party whether on our servers or third-party computers or other equipment.

Please use our reporting features to flag inappropriate content and/or reach us directly at [email protected] and/or applicable our contacts info within your concerns.

9. Our Management of the Services

Service Availability
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 device. 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:

1. monitor or review the Services and any content posted within the Services for violations of this Agreement and for compliance with MyTutor policies;
2. report to law enforcement authorities and/or take legal action against anyone who violates this Agreement;
3. refuse, restrict access to or the availability of, or remove or disable to the extent technologically feasible without prior notice any Profile or any portion thereof that in our sole discretion may violate this Agreement, applicable law, MyTutor policies, or are excessive in size or burdensome to our systems or upon receipt of court order to do so;
4. manage these Services in a manner designed to protect the intellectual property rights of MyTutor, our Tutors, and our third-party providers and to facilitate the proper functioning of the Services.

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.

10. Tutor Program Guide

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 changes. 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.

11. Term and Termination

Term
This Agreement starts on the earlier of:

1. the date that MyTutor sends you an email notifying you that your proposal to join the Tutor Program has been accepted and/or
2. the date that you first post a Profile to the Services.

This Agreement ends when either party elects to terminate it as per specified clauses in this Agreement respectively.

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:

1. The breach is not curable in which case this Agreement terminates within seven (7) Gregorian calendar days of receipt of written notice of termination;
2. The breach is cured within that above said thirty (30) day cure period; and/or
3. Both parties mutually agree to extend the cure period.

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:

1. terminating your Account or
2. giving us sixty (60) MyTutor business days written notice that this method allows you to continue to use your Account as an end user.

MyTutor may terminate this Agreement for convenience at our discretion by giving you sixty (60) MyTutor business days’ written notice.

Survival
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.

12. Disclaimer of Warranties

Due Authorization
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;

1. their right to execute this Agreement,
2. their right to grant all of the rights granted under this Agreement, and
3. their ability to perform all of their obligations under this Agreement

Use Authorization
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 this Agreement.

“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:

1. That the Services will be permitted in your jurisdiction;
2. That the Services will be uninterrupted or error-free;
3. Concerning any content submitted by any user;
4. Concerning any user communications;
5. Concerning any third-party’s use of Profiles that you submit;
6. That any Profile you submit will be made available on the Services or will be stored by MyTutor and/or associates;
7. That the Services will meet your business or professional needs;
8. That MyTutor will continue to support any feature of the Services; or
9. Concerning third-party sites and resources outside of the Services even if linked to from the Services.

MyTutor accepts no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading or otherwise inappropriate that none of which MyTutor will be responsible for.

13. Limitation of Liability

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.

14. Indemnification

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:

1. arise from your activities on the Services;
2. assert a violation by you of the terms of this Agreement; or
3. assert that any Profile you submitted to the Services violates any law or infringes any third-party right including any intellectual property or privacy right; and

b. your use of the Services and any use attributable to your Account.

15. General Provisions

Governing Law
This Agreement is governed by the laws of Malaysia without regard to its conflict of international laws rules.

Forum
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.

Arbitration
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.

Severability
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.

No Partnership
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.

Notice
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
Whatsapp: +606-6010989
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.

Amendment
This Agreement can be changed only by an amendment signed by both parties as stated per Section 16 below.

Publicity
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.

Entire Agreement
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.

16. Electronic Signature

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.