TigerMath Malaysia Service Provider Terms & ConditionsLast modified: 1st July 2019
IMPORTANT – Please read these terms carefully. By registering with TigerMath, a trademark owned by Alakazy Sdn Bhd, you agree that you have read, understood, accepted and agreed with the Terms and Conditions. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms and Conditions of the Service (as defined below) and wish to discontinue with this agreement, please notify the Company at [email protected].
The terms and conditions stated herein (collectively, the “Terms and Conditions” or this “Agreement”) constitute a legal agreement between you and ALAKAZY SDN BHD (Company No. 1244069-U) (the “Company” which owns the trademark TIGERMATH). In order to be registered as a service provider for the Service (each as defined below) you must agree to the Terms and Conditions that are set out below. You hereby expressly acknowledge and agree to be bound by the Terms and Conditions, and any future amendments and additions to this Terms and Conditions as published from time to time at https://www.tigermath.com.my.
The Company offers information, support and a method for tuition, training and coaching providers to schedule, obtain and establish contact with Customers, but does not and does not intend to provide tuition and training services for the purpose of academics and enrichment or act in any way as a tuition operator or provider, and has no responsibility or liability for any tuition and training services provided to Customers by you.
The Company is a company that does not provide or engage in tuition and training services for the purpose of academics and enrichment and the company is not a tuition and training provider. The method, software and the application provided by the Company are intended to be used for facilitating you (as a service provider) to offer your services to your customers. The company is not responsible or liable for the acts and/or omissions of any services you provided to your customers, and for any illegal actions committed by you. You shall, at all times, not claim or cause any person to misunderstand that you are an agent, employee or staff of the company, and the services provided by you are not, in any way, be deemed as the services of the company.
The Company reserves the right to take any such actions as may be appropriate or permitted under the laws of the country, against you, and/or to any person, whether natural or artificial, directing or instructing you, as a result of any violation against the Company.
You are strictly forbidden to use the Company’s operations for such other purposes such as but not limited to data mining of the Company’s information or information related to the Service. A breach thereof constitutes a grave offense and may be treated as industrial espionage or sabotage, and the Company reserves the right to take such action as may be appropriate or permitted under the laws against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you misuse the Company’s operations other than for the purpose for which it is intended to be used.
It is expressly understood and accepted that this is not an employment agreement and as such, you will have no claim to Company benefits or employee considerations, including but not limited to profit-sharing, pension, shares or bonuses.
1. Representation and Warranties
1.1 By providing the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions and that you are at least eighteen (18) years old. You further confirm that all the information which you provide shall be true and accurate. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your registration rights to any other person or entity. When using the Service you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service (the “Alternate Country”).
2. DESCRIPTION OF SERVICES:
You will provide private tutoring, training and related services for academic and enrichment purposes.
2.1. You warrant that you are not violating any other agreement by performing these services.
2.2. You agree that services not meeting the standards required by the Company will be corrected. And if deemed necessary, the company reserves the right to penalize you in any manner, as the company sees fit, without limitations, including, account deactivation, withholding/ reduction/ forfeit of any amounts to your incentives and/or credits, suspension or permanently banning you who violates these terms and conditions.
2.3. You warrant that no laws will be violated in performing the services.
2.4. You guarantee that you are competent to carry out the services which you have undertaken in this contract. Any material misrepresentation shall lead to summary termination of this agreement.
3. PAYMENT TERMS:
3.1 Any fees which the Company may charge you for the Service, are due immediately and are non-refundable (“Service Fee”).
3.2 YOU ACKNOWLEDGE THAT THE TOTAL AMOUNT OF FEES PAID TO YOU BY THE CUSTOMER INCLUDES THE SERVICE FEE, WHICH YOU ARE COLLECTING ON BEHALF OF THE COMPANY. SUCH SERVICE FEE MAY BE UP TO 60% OF THE FEES STIPULATED FOR THE SERVICE FOR EACH TIME YOU AND THE CUSTOMER COMPLETES THE SERVICE, WHICH SHALL BE DETERMINED BY THE COMPANY, AT ITS DISCRETION, FROM TIME TO TIME.
3.3 The Company agrees to pay the Service Fee to you within 30 days of receipt of a customer’s payment together with the timesheet declaring the total time worked.
3.4 You agree that should you withhold your services for whatever reason, a principle of “no work, no pay” shall apply.
3.5 If you continued service for the Company after any such change in the payment terms shall constitute your consent to such changes.
3.6 The Company retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes you to be in breach of the Terms and Conditions between the Customer and the Company. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension or cancellation of, any payment to you.
4.1 You acknowledge that during the relationship with the Company, you may become familiar with its confidential information including commercial and technical secrets and / or confidential information of clients of the Company.
4.2 You consequently agree that during the period of performing the Services and subsequent thereto, you will not disclose to others or make use of directly or indirectly, any confidential information of the Company or confidential information of a client of the Company or of others who have disclosed it to the Company under conditions of confidentiality, unless for a purpose authorized by the Company. If there is any doubt about whether any disclosure or use is for an authorized purpose, you are to obtain a ruling in writing from the Company and are to abide by it.
4.3 You shall not contact the Company’s clients directly or indirectly for the intention of providing services to the clients directly.
5. WORK PRODUCT OWNERSHIP
5.1 Any copyright-able works, ideas, discoveries, inventions, patents, products or other information (collectively, the “Work Product” developed in whole or in part by you in connection with the Services shall be the exclusive property of the Company. you are to obtain a ruling in writing from the Company to confirm or perfect the exclusive ownership of you to the Work Product.
6.1 You agree to take full responsibility for the declaration of income for tax purposes and for the payment thereof.
6.2 You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however, denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
7.1 You acknowledge that during the relationship with the Company, you may have client referrals from the Company’s clients.
7.2 You consequently agree that during the period of performing the Services, you shall disclose client referrals from the Company’s clients to the Company.
7.3 You agree that you will cooperate in relation to any criminal investigation that is required and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.
8. Personal Data Protection
9. Third-Party Interactions
9.1 During use of the company’s operations and methods, you may, subject to the Company’s prior written consent, enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party providers, advertisers or sponsors showing their goods and/or services through the Company’s systems and marketing channels. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party. The Group does not endorse any applications or sites on the Internet that are linked through the Company, and in no event shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. You recognize, however, that certain providers of tuition and training services, related goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers.
9.2 The Company may rely on third party advertising and marketing supplied through the Company’s marketing channels and other mechanisms to subsidize the operations and/or to earn additional revenue. By agreeing to the Terms and Conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing or in accordance with the procedure determined by the Company. You agree and allow the Company to compile and release information regarding you and your registration with the Company in this agreement on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party, other third-party providers, advertisers and/or sponsors you to interact with through the Company and/or advertising or marketing material supplied by the Company.
10.1 By agreeing to this Agreement, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses whether foreseeable or not foreseeable (including attorneys’ fees and costs) arising out of or in connection with your violation or breach of any term of this Agreement or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein;
10.2 You further agree, you shall indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless in the event there are any claims, costs, damages, losses, liabilities and expenses whether foreseeable or not foreseeable (including attorneys’ fees and costs) by any third party or regulators due to your negligent act or omission or willful default, misconduct or fraud or unlawful act in relation to your non-compliance during your operations of providing the Services.
11. Limitation of Liability
11.1 Any claims against the company by you shall, in any event, be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the company’s operation during the event giving rise to such claims. In no event shall the company and/or its licensors be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have accepted and booked the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, application and/or the software, including but not limited to the use or inability to use the service, application and/or the software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third-party provider, advertiser or sponsor whose advertising appears on the website or is referred to by the service, application and/or the software, even if the company and/or its licensors have been previously advised of the possibility of such damages.
11.2 The company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including, advertisers and/or sponsors and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third-party providers including, advertisers and/or sponsors. The company will not be a party to disputes, negotiations of disputes between you and such third party providers including third-party transportation providers, advertisers and/or sponsors. We cannot and will not play any role in managing payments between you and the third-party providers, including third-party tuition and training providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered by the Company (with all its implications) rests solely with and on you. You expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your services to third parties including third party tuition and training providers, advertisers and/or sponsors.
12. ENTIRE AGREEMENT
12.1 This Agreement constitutes the entire and only understanding between the Company and you and supersedes any and all prior agreements, arrangements, communications, or representations, whether verbal or written. No alteration, amendment, change, modification, or waiver to this Agreement shall be valid or binding unless the same is in writing and signed by the duly authorized representatives of the parties hereto.
13.1 This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Service shall be referred to the
13.2 Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the AIAC in accordance with the Rules.
13.3 The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
13.4 No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms and Conditions or use of the Service. If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above. The failure of the Company to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms and Conditions comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
13.5 You hereby agree that the Company may terminate this Agreement at any time by giving three (3) days’ prior notice to you without assigning any reasons. Notwithstanding the generality of the provisions stipulated in this Agreement or anything to the contrary, the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you, including but not limited to the credit reserved with the Company or any other monies paid to the Company in the course of performing your obligations under this Agreement.
14.1 The agreement as constituted by the terms and conditions as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.