Terms of Service (Last updated Feb 28, 2017)
These Terms of Service govern your access to and use of the ZchoolTalk website and mobile applications (collectively, the “Site”) and any services (the “Services”) offered on the Site. Please read these terms carefully, as they constitute a legal agreement between you and ZchoolTalk. (“we”, “us” or “Zchool”).
By clicking the “I Agree” button on the account registration page or by using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms of Service.
ZchoolTalk may amend the Terms from time to time. Amendments will be effective upon ZchoolTalk’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
1. General terms
ZchoolTalk provides this Site to users seeking advice on overseas schools (“Students”) and to users seeking to provide such advices and experience as services (“Experience Sharers”), and to any other entity on whose behalf users accept these Terms. These Terms are entered into by and between ZchoolTalk and you, and you accept them by: (a) contracting for the sharing through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
The Site offers a marketplace for those seeking advices on overseas schools to connect with those seeking to provide such advices and experiences as services. As independent contractors hired by Students, Experience Sharers control the methods, materials and all aspects of the session between the Students and the Experience Sharers.
Students are responsible for selecting the right Experience Sharer for their needs. In making hiring decisions, Students should review and investigate each Experience Sharer’s self-reported credentials and experience, as well as reviews from other students. – All conversations between Students and Experience Sharers should be supervised by a responsible adult.
ZchoolTalk controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. ZchoolTalk services may not be available in your location, and available services may vary among locations. In addition, ZchoolTalk will attempt to deliver all correspondence sent via the Site’s messaging system. ZchoolTalk does not, however, guarantee delivery of all messages.
4. Payment of services
Student agrees to pay the listed fee associated with each Experience Sharer when they book their time, this will entitle the student to have the live in-APP peer-to-peer voice communications with the Experience Sharer he/she selected during the specified time. Once booked, the session cannot be cancelled unless mutually agreed between the Student and the Experience Sharer.
Payment from the Student, less the commission charged by the platform, will be remitted to the Experience Sharer 7 days after the in-APP peer-to-peer voice communications session has completed if there is no complaint raised by the Student. If there is a complaint raised by the Student, Zchool will conduct an investigation using the Recording as indicated in Section 5 below, and the decision by Zchool as to the treatment of the payment and the complaint will be solely decided by Zchool, and be deemed final decision.
5. Recording of the session
The live communications sessions between the Student and the Experience Sharer will be recorded and the record will be kept at our company as a record in case there is dispute between the Student and the Experience Sharer. Other than for use of dispute resolution, all the recorded sessions will be kept private and not be used by any other purposes.
6. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ZCHOOL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, ZCHOOL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ZCHOOL DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
ZCHOOL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF ZCHOOL, EVEN IF ZCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ZCHOOL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF ZCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZCHOOL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ZCHOOL’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ZCHOOL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON UBER’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold ZchoolTalk and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) ZchoolTalk’s use of your ZchoolTalk Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
7. Intellectual Property
The works of authorship found on, within, or as part of the Service (collectively “Content”) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Content is licensed, not sold. You cannot make unauthorized copies and use any of the Content except as specified herein and in accordance with applicable law. All title and copyright in and to the Content and Service (including but not limited to any derivative works or enhancements including images, illustrations, graphics, photographs, animation, video, audio, music, text, scripts, files, URLs, documentation and interactive features included with or available through the Service), are owned by iTutorGroup or its licensors. You agree to comply with all applicable laws in connection with your use of the Service and the Content. In addition to the terms provided in this Terms of Service, iTutorGroup may take appropriate measures to protect copyright.
You cannot use any of the trademarks found on or within the Service except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks without prior written permission of the owner. Any unauthorized use may violate trademark laws and civil or criminal statutes. The trademarks are trademarks of iTutorGroup, its direct or indirect parents, and/or its affiliates, licensors, or third party owners. Nothing contained on the Service should be construed as granting any license or right of use to any trademark. The name and logo and other trademarks used on the Service are the trademarks of their respective owners.