1. GENERAL INFORMATION
1.1. Terms of Service
These Terms of Service (hereinafter – the “ToS”) describe the terms and conditions applicable to your access and use of the website and the website software related mobile device application made available through or in connection with the “Service”. The uBitto website means www.ubitto.com, and is an online platform intended to be used by learners and tutors in connection with the Services.
Our platform is designed to pair learners, searching for nativer speakers, with tutors, for online and one-to-one practice sessions. Use of the Services of uBitto (as defined above) is subject to these Terms of Service (the “ Terms”) and any other rules or policies that are published on the Website.
You agree that by using Services and providing the respective consent, you are agreeing to enter into a legally binding contract with uBitto and indicate your unconditional acceptance of these Terms, on your own behalf and, if you are a representative/parent/legal guardian, on behalf of the person/child represented by you, that uses our Services.
1.2. Services of uBitto Practice
You may be accessing and using the Website, Service and Software of uBitto as (i) a Learner, (ii) a Parent, (iii) a Practice Buddy, (iv) a Company or (v) a visitor simply using the functionality, including that of the Blog, and/or reviewing the content, that is publicly available on the Website. Throughout these Terms “you” or “your” may refer as applicable to the Student, the Parent, each Tutor and Company accessing or using any of our Services (each the “User“).
Through our Website, Services and Software, we enable Learners and Companies to connect with Practice Buddy / Instructors, who provide live, one-to-one or group, tutoring, practice and learning services. The Services are available 24/7 and 365 days of a year.
1.3. Amendments to these Terms
2.1. Services Eligibility
uBitto Practice are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a Parent/Legal Guardian. In this case, the Parent is responsible for any and all activities of the Student.
As part of the Services, we require all Practice Buddy to pass a verification, which confirms the validity of Practice Buddys’ email and background, claimed educational credentials (educational background documents, as diplomas, certificates etc.).
We may not control and are not responsible for any information provided by any Practice Buddy with the aim of such verification. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the verification or Practice Buddy themselves.
uBitto cannot confirm that each User is who they claim to be. You agree and understand that you assume all risks when using the Services, including without limitation any and all of the risks associated with any online or offline interactions with other Users.
WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH TUTOR ON OUR WEBSITE IS A LEGITIMATE INSTRUCTOR, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OF TUTORS AND THE INFORMATION THEY PROVIDE VIA OUR WEBSITE. WHEN INTERACTING WITH OTHER USERS YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON’T KNOW. NEITHER UBITTO NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. UBITTO AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
uBitto may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“Consumer reports”). uBitto does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. uBitto does not independently verify information in the consumer reports.
You hereby consent to uBitto collecting, using and disclosing the information in the consumer reports. You understand and agree that uBitto may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that uBitto shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the
subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. uBitto reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in uBitto’s sole discretion.
uBitto strives to ensure clear understanding of financial relations between Learners and Practice Buddies with respect to the Services we provide. In case you are not satisfied with the Services or any other reason applicable you may be eligible for a refund in accordance with the terms outlined in the Refund and Payment Policy on the Website. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only.
Companies using uBitto’s Services are not eligible for refunds. Funds may be reallocated between Company employees (Students) in the event that a Company deems an employee no longer eligible for uBitto’s Services, or in the case where a Company Employee (Student) elects to change tutors.
3. RIGHTS AND LIMITS
3.1. Your License to uBitto
In case you are a Student, uBitto hereby grants to you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Services and the Software solely for your non-commercial, personal use and subject to the policies and restrictions that we post on our Website from time to time.
In case you are a Tutor, uBitto hereby grants to you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Services
and the Software solely for the delivery of your personal services to your clients (i.e. Students) and subject to the policies and restrictions that we post on our Website from time to time.
You agree not to view, copy, or procure content or information from the Website and Software by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Website and Software (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by uBitto under separate written agreement.
No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without uBitto’s prior written permission or as expressly provided in these Terms.
Where you purchase a subscription or a license to access the Services, you may not share that subscription or license with others.
uBitto may impose reasonable limits on your scope of access to the Services, including limits on time or number of information accessed or devices used to access such Services, to prevent unauthorized third party access to or use of the Services.
All rights not expressly granted herein are reserved.
3.2. Your Account
Certain of our Services are reserved for registered users on our Website. To become a registered user you must register on our Website for login credentials to be provided or enabled by uBitto (“Login Credentials”) based on the type of access applicable to your use of the Website (whether Learner or Practice Buddy). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken.
You may use the Blog and its features without a registered user status. This shall not preclude the application of these Terms and other uBitto’s applicable documents to your use of Blog, in particular when you submit your article(s) or leave comment(s) on the Blog.
uBitto is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You agree that you shall not rent, resell, or remarket the Website, or provide access to the Services to any third party. We are not responsible for losses or damage caused by your failure to safeguard your login and password. uBitto may terminate any Login Credentials in its sole discretion; You will not be entitled to create a new account to access the Website if your prior Login Credentials have been terminated by uBitto.
3.3. Direct Interactions
uBitto does not take part in direct interactions between Learners and Practice Buddies.
Other than providing the platform for Learners, Parents and Practice Buddies to connect, uBitto may automatically monitor the interactions between Users only in case:
a. We may find the content posted by Users on the Website doubtful or infringing rights of other Users, but We are not obliged to do so;
b. We may need to improve our Services.
Our scheduling system shall automatically regulate interactions between Students and Tutors to fulfil the cancellation policy of the Service.
The Services provide connection to Buddies who are willing to be engaged by Learners as independent contractors. As independent contractors, the listed Practice Buddy control the methods, materials and all aspects of the lessons. Learners are responsible for selecting the right Buddy for their needs. Learners should review and investigate each Buddy’s self-reported credentials, education, and experience, as well as reviews from other Learners.
uBitto does not have control over transactions between Users except the situations when uBitto shall regulate the payments and refunds made by Users as stated in our Refund and Payment Policy. uBitto does not control any reviews or ratings provided by Users, nor of the actions or omissions whatsoever of any User.
Learners acknowledge and agree that Services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire Buddies to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
uBitto expressly disclaims any liability or claims that may arise between Users of its Services. You are solely responsible for your interactions with all other Users and any disputes that arise from those interactions with other Users. uBitto is not obliged but may monitor disputes between Users.
Because uBitto is not responsible for or involved in any contact between Learners and Buddies, in the event that you have a dispute with one or more Users, you hereby release uBitto (and our officers, directors, agents, investors, subsidiaries, employees, contractors and any other third parties related to the Services) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
3.4. Representations and Warranties
If you utilize the Services as a Practice Buddy, (i) You represent and warrant that for each provided Practice Session you have the right to provide services contained in such Practice Session for the purposes of this Agreement and that you are capable of fulfilling any offers contained in such Practice Session; (ii) You warrant that you will keep all your rates up to date on the Website by notifying uBitto; (iii) You hereby grant to uBitto and its Users, the right to view and distribute your service without restriction and you acknowledge that your service may be widely disseminated and viewed by large numbers of people; (iv) You acknowledge and agree that uBitto may display advertisements on the Services in connection with your service without any payment obligation to you; (v) You acknowledge and agree that uBitto may improve the video that You provided for your profile on the Website, the improvements can be made by cutting the video to a specific size, adding the uBitto logo on the video, improving the quality of sound in the video, publishing the video on the uBitto channel with adding the description and link to the Practice Buddy’s profile; and (vi) You agree to use good faith efforts to coordinate how you will interact with Learner online for the Practice Sessions.
If you utilize the Website as a Learner, (i) You agree to honor the commitments you make to the Practice Buddy via the Website; (ii) You agree that you will not circumvent or manipulate our fee structure, the billing process, or fees owed to uBitto or the Practice Buddy; fail to deliver payment for items purchased by you from the Practice Buddy; and (iii) You agree to use good faith efforts to interact with Practice Buddy online for the Practice Sessions.
3.5. Practice Buddy’ introduction video and profile picture
Practice Buddy grant uBitto the rights to use Practice Buddy’s Introduction video and profile picture for marketing, advertising or promotional purposes. uBitto may publish Practice Buddy’s Introduction videos and profile pictures to our official channels in third-party social media advertising system, video hosting and streaming services, such as Youtube, Vimeo, Facebook or others, as to ensure accessibility and visibility to uBitto Learners regardless of location.
You may always request to remove any Introduction videos published to our official channels in third-party social media, video hosting and streaming services by writing to [email protected]
3.6. Lesson Recording
You acknowledge and agree that, from time to time, uBitto may record videos of your lessons. This recording is intended solely for the purpose of ensuring the quality of uBitto services. Recordings will not be shared externally, used for individual targeting, or used for any sales, marketing, or other promotional purposes.
By using uBitto services, you agree and give consent for such recordings that is gratuitous, unsolicited, and without restriction. You agree that uBitto may use these recordings without fiduciary, or other obligation, and without any additional compensation.
You may opt out of any recordings of your lessons or request to remove any existing recordings by writing to [email protected]
While using the Services, you agree that you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, tax laws etc.;
b. Provide accurate information to us and keep it updated;
c. Use the Services and Website in a manner that is lawful, relevant and proper to the applicable laws.
Any use of the Website that uBitto, in its sole discretion, found inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice.
While using the Services, you agree that you shall not manipulate the price of any goods or services offered within the Services, in any manner. Furthermore, you shall not disrupt or otherwise interfere in any way with any other User’s use of the Services. By accessing our Services or any chat room, online discussion forum, or other Service provided through our Website that allow Users to communicate to other Users (“Public Areas”).
You agree to be abided by the following standards of conduct and You agree that You will not, and will not authorize or facilitate any attempt by another person to use our Website to:
1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by uBitto;
2. Circumvent or manipulate our fee structure, the billing process, or fees owed to uBitto or the Practice Buddy; fail to deliver payment for items purchased by you, a clear typographical error is made, or you cannot reach the Practice Buddy;
3. Manipulate the price of any item or interfere with other Users’ Listings;
4. Use a name or language that uBitto, in its sole discretion, deems offensive;
5. Post false, inaccurate, misleading, defamatory, or libellous contentPost hateful or racially or ethnically objectionable Content;
6. Post Content which infringes another’s copyright, trademark or trade secret;
7. Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service;
8. Post unsolicited advertising or unlawfully promote products or services;
9. Take any action that may undermine the feedback or ratings system when it becomes available (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to uBitto);
10. Harass, threaten or intentionally embarrass or cause distress to another person or entity.
11. Impersonate another person;
12. Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
13. Exploit children under 18 years of age;
14. Engage in disruptive activity such as sending multiple messages in an effort to monopolize your position;
15. Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use;Introduce viruses, worms, Trojan horses and/or harmful code to the Website;
16. Obtain unauthorized access to any computer system through the Website;
17. Transfer your uBitto account (including feedback) and Login Credentials to another party without our consent;
18. Harvest or otherwise collect information about Users, including email addresses, without their consent;
19. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age);
20. Solicit personal data from children under 18 years of age;
21. Violate any federal, state, local, or international law or regulation;
22. Encourage conduct that would constitute a criminal or civil offense.
All submissions made to Public Areas will be public, and uBitto will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
4. WEBSITE CONTENT
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms. The “Content” means all information, text, materials, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services. The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes. You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:
a. The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;
b. The Content may not be modified;
c. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
5. CONTENT SUBMITTED BY USERS
We are not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through our Website. We do not prescreen information posted online. We are acting as a passive conduit for such distribution and may not be responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of uBitto. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from Your uploading, posting or submission of Content to this Website.
We have the right, but not the obligation, to randomly monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and any other applicable rules that we may establish, as well as for the purpose of Services’ improvement. We have the right in our sole discretion to edit or remove any material submitted to or posted through this Website. Without limiting the foregoing, we have the right to remove any material that uBitto, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable, and You are solely responsible for the Content that You post to this Website.
Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by Users does not constitute lobbying by uBitto but may constitute lobbying by You or an organization that You represent. You are responsible for complying with any applicable lobbying restrictions.
6. LINKS TO THIRD-PARTY WEBSITES
We will not include your content in advertisements for the products and services of third parties to others without your separate consent.
uBitto may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of advertisers other than uBitto found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. uBitto is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-uBitto advertisers on the Website.
8. NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by uBitto of that third party or of any product or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website. uBitto does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
9. SCOPE OF SERVICE
uBitto maintains this Website as a service to the user community that visits the Website subject to these Terms. You are responsible for obtaining any equipment and Internet service necessary to accessing our Services and for paying any fees for the equipment and Service You select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or Services. You acknowledge that the Website and any mobile applications are evolving and that the form and nature of the Website or mobile applications, including the Services, may change from time to time without notice to you.
10. RELATIONS BETWEEN UBITTO AND USERS
The Services are not an employment service and uBitto does not serve as an employer of any User unless separately subject to a signed, written employment contract. Users may use uBitto Services only for non-commercial, personal use or for the purpose of delivery of personal services to own clients and subject to these Terms.
As such, uBitto will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Services or Users’ services. You understand and agree that if uBitto is found to be liable for any tax or withholding tax in connection with your use of Users’ services, then you will immediately reimburse and pay to uBitto an equivalent amount, including any interest or penalties thereon.
In all cases of use of this Website, Users are acting as independent contractors and not as uBitto’s or any other party’s employee, agent, franchisee or servant. Accordingly, you will be solely responsible for all costs incurred by you or your organization. You shall not hold yourself out as having authority to make contracts or promises on behalf of uBitto.
You may not assign or transfer these Terms in whole or in part to any third party. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees, and permitted assigns.
You acknowledge and agree that we may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services (the “Feedback“) and public feedback from Users with whom you have transacted.
Feedback regarding uBitto. By submitting any Feedback you provide us a written consent to use your Feedback in improvement and promoting the Services; you agree that submitting a Feedback is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by accepting your Feedback submission, uBitto does not waive any rights to use similar or related ideas previously known to uBitto, or developed by its employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, or without it in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
Feedback Regarding Users. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that uBitto may calculate a composite feedback number based on these individual ratings. Tutors agree to be rated by Students along several criteria, as determined by uBitto. uBitto provides its automatic feedback and rating system as a means through which Users can express their opinions publicly, and uBitto does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to uBitto’s attention. You may be held legally responsible for damages suffered by other uBitto Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. uBitto is not legally responsible for any feedback or comments posted or made available on this Website by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service.
Unless you otherwise indicate in writing, uBitto will communicate with you by email, regular mail or by posting communications on this Website. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when we send it to the email address you have provided to uBitto on this Website, or when we post such communication on this Website. You should keep your email address updated on this Website, and you should regularly check this Website for postings. If you fail to respond to an email message from uBitto regarding violation, dispute or complaint within 2 (two) business days, we will have the right to terminate or suspend your use of Services.
We may terminate any User’s access to our Website in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate Users who violate these Terms, as deemed appropriate in our sole discretion. We may also delete, or ban access to or use of all related information and files. uBitto will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information.
You may terminate this Agreement at any time by ceasing all use of the Service and/or deleting your account. Even after your right to use the Services is terminated or suspended, this Agreement will remain enforceable against you.
15. INTELLECTUAL PROPERTY RIGHTS
All intellectual property in the design and layout of this Website, Software and the material and information published on its pages belongs to and is vested in uBitto or its licensors. You may not copy any part of this Website or otherwise do anything in relation to any part of the Website. You may not otherwise use or reproduce any of this Website or the material contained within it in any manner other than those listed above without first obtaining the prior written permission of uBitto.
The service marks and trademarks of uBitto, including without limitation uBitto and the uBitto logos are service marks owned by uBitto, Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
uBitto grants you permission (which may be revoked at any time for any reason or no reason) to use the Website and the Software for the Services as provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. uBitto reserves all of its statutory and common law rights against any person or entity who violates this paragraph.
You may not link or frame to any pages of the Website or any content contained therein, whether in whole or in part, without prior written consent from uBitto. You may like or follow uBitto or share links to the Website via social networking technology referenced on the Website. Any rights not expressly granted herein are reserved.
Except as expressly authorized by uBitto or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
You may obtain direct access via the use of the Services to certain confidential information of uBitto, its affiliates or Users, including but not limited to personally identifiable information, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You agree to hold Confidential Information in strict confidence and not use the Confidential Information except for the purposes set forth in these Terms and not disclose such confidential information to any third party. All right, title and interest in the Confidential Information remains with uBitto, its affiliates and its Users.
No obligation is imposed upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from uBitto, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to uBitto adequate to afford uBitto the opportunity to object to the disclosure.
18. DISCLAIMER OF WARRANTY
USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. UBITTO DISCLAIMS ALL LIABILITY IN CONNECTION WITH ANY INTERACTIONS, CORRESPONDENCE, TRANSACTIONS, AND OTHER DEALINGS THAT YOU HAVE WITH ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION STUDENTS, PARENTS OR TUTORS FOUND ON OR THROUGH THE WEBSITE (INCLUDING ON OR VIA LINKED WEBSITES OR ADVERTISEMENTS) ARE SOLELY BETWEEN YOU AND THE THIRD PARTY (INCLUDING ISSUES RELATED TO THE CONTENT OF THIRD-PARTY ADVERTISEMENTS, PAYMENTS, SERVICES, DELIVERY OF GOODS, WARRANTIES (INCLUDING PRODUCT WARRANTIES), PRIVACY AND DATA SECURITY, AND THE LIKE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE.
YOU ACKNOWLEDGE THAT THE WEBSITE AND ALL SERVICES, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” AND ARE BASED IN PART ON LISTINGS PROVIDED BY TUTORS, WHICH ARE NOT VERIFIED BY UBITTO, AND THAT ANY TUTOR PACKAGES, LISTINGS OR OTHER CONTENT ACQUIRED THROUGH THE USE OF THE WEBSITE IS AT YOUR SOLE RISK AND DISCRETION. UBITTO AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE WEBSITE. WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, UBITTO DOES NOT WARRANT THAT: (I) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER UBITTO NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN USERS.
UBITTO AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL DATA SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN ADDITION, NOTWITHSTANDING ANY FEATURE A LEARNER MAY USE TO EXPEDITE PRACTICE BUDDY SELECTION, EACH LEARNER IS RESPONSIBLE FOR SELECTING THEIR TUTOR AND NEGOTIATING A CONTRACT AND UBITTO DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A STUDENT OR PARENT AND DOES NOT RECOMMEND ANY PARTICULAR TUTOR. UBITTO DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY TUTOR’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.
19. LIMITATION OF LIABILITY
(a) Disclaimer. IN NO EVENT SHALL UBITTO BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) Limitation. YOU AGREE UBITTO’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE SOFTWARE, THE SERVICES, THE CONTENT, OR ANY LISTING OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS, IF ANY, YOU PAID IN COMMISSIONS TO UBITTO FOR THE SERVICES IN THE THEN- PRIOR THREE MONTHS.
(c) Waiver of Class Action. ANY CLAIMS BROUGHT BY YOU OR UBITTO MUST BE BROUGHT IN THAT PARTY’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ACCESS AND USE THIS WEBSITE OUTSIDE MALAYSIA YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LOCAL LAWS AND REGULATIONS.
WE MAKE NO REPRESENTATION THAT INFORMATION ON THIS WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE MALAYSIA. THOSE WHO CHOOSE TO ACCESS THIS WEBSITE FROM OUTSIDE MALAYSIA DO SO ON THEIR OWN INITIATIVE AND AT THEIR OWN RISK.
Without limitation, the Services may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through uBitto without express written permission from uBitto.
You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of uBitto.
The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
28. ENTIRE AGREEMENT. SEVERABILITY
These Terms, together with any amendments and any additional agreements you may enter into with uBitto in connection with the Services, shall constitute the entire agreement between you and uBitto concerning the Services. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
For additional information and in case you have any questions about these Terms, please contact [email protected]