TigerMath Malaysia Terms of Use 

Last modified: 1st July 2019


Important
– Please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service.

The terms and conditions stated herein (collectively, the “Terms of Use” 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 of Use  that are set out below. By using the company’s services supplied to you by the Company which overall purpose is to enable persons seeking tutoring, training and coaching services to be matched with third party service providers, you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to this Terms of Use as published from time to time at https://www.tigermath.com.my.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at https://www.tigermath.com.my. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. 

The Company offers information, support and a method for tuition, training and coaching providers (the “Service Providers”) to schedule, obtain and establish contact with Customers (the “Service”), but does not and does not intend to provide tuition, training and coaching 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, training and coaching services provided to Customers by third party service providers. The company is not responsible nor liable for the acts and/or omissions of any third party tuition, training and coaching provider and/or any tuition, training and coaching services provided to you.


  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account 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.

By using the Service, you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Service for purposes other than obtaining the Service;
  • You shall not contact the third party service provider for purposes other than the Service;
  • You will not impair the proper operation of the Company;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party service provider;
  • You will not try to harm the Service, in any way whatsoever;
  • You will keep secure and confidential your account credentials or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing users;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, the Company or any third party as a result of any breach of the Terms of Use.

  1. Payment
    • You may choose to pay for the Services by cash and where available, by credit card and or debit card (“Card”).
    • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the services.
    • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
    • You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.
    • In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.

 

  • Once you have completed using the Service, the Company will issue an invoice on the 1st week of every month based on the hours of services provided by the service providers tally. You are required to make payment in full to the Company and your payment is non-refundable. If you have any complaints in relation to the services provided, then that dispute must be taken up with the third party provider directly. From a case to case basis, the Company can act as a mediator between the third party service provider and the users. 

 

  • The Company reserves the right to suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where the Company reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
  • You shall be responsible to resolve any disputes with your Card company on your own.


  1. Taxes

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 Service supplied under this Agreement.

  1. Cancellation Fee

You may cancel your request for the services at any time before you commence your requested service with the third party service provider..

If after placing a booking you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as the Company may notify from time to time, as per the Cancellation Policy.

If you feel you were incorrectly charged a Cancellation Fee, you may contact the Company via [email protected] The Company reserves its absolute discretion to any refunds that it may determine to provide to you and such refunds may be credited to the payment card you used for the Services or such other method as is deemed reasonable by the Company, for cash payments.

  1. Intellectual Property Ownership

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo and the Service are trademarks of the Company or third parties, and no right or license is granted to use them. 

  1. Confidentiality

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission of you;
  • was received from a third-party having the right to disclose it; or
  • is required to be disclosed by law.

 

  1. Personal Data Protection

You agree and consent to the Company, its subsidiaries and any of its affiliated companies collecting, using, processing and disclosing your Personal Data to deliver any notice of assignments and other communications to you on behalf of the third party tuition and related services providers, validate and process payments, refunds, rebates and charges, and as further described in our Privacy Policy (accessible at: https://tigermath.com.my/wpautoterms/privacy-policy/ )


  1. Third Party Interactions

During use of the Service, you may 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 Service. 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 Service, 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. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third party providers of service, goods and/or services may require your agreement to additional or different Terms of Use 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.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use 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. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. You agree and allow the Company to compile and release information regarding you and your use of the Service 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 transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.


  1. Indemnification

By agreeing to the Terms of Use upon using the Service, 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 (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service in your dealings with the third party merchants, service providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, including if you commit any fraud or misrepresent any information supplied.

  1. Disclaimer of Warranties

The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service. The company does not represent or warrant that (a) the use of the service, will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, rewards or other materials purchased or obtained by you through the service will meet your requirements or expectations. The service and rewards are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent.

The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services and/or rewards, including but not limited to the third party transportation or other services and products obtained by or from third parties through the use of the service. You acknowledge and agree that the entire risk arising out of your use of the service, and any third party services, including but not limited to the third party service providers or other services and products remain solely and absolutely with you and you shall have no recourse whatsoever to the company.

  1. Limitation of Liability

The company shall not be liable for any injury to your person or loss of life or property or delay of your requested service by the service providers for any reason which may include but not limited to an act of god including but not limited to natural disasters, typhoons or flood, an act of war, civil disruptions or strikes or the anticipation of the same, criminal acts or omissions of third parties, industrial actions, unforeseeable traffic conditions, seizure under legal process, national or local disruptions to air, ground or water transportation networks or breakdown in communication or information systems.

The company provides no warranty, assurance, or promise that its technology, or customer service will work as intended on your phone, computer, tablet or other device.

The company does not warrant or guarantee the availability, reliability, timeliness, accuracy, or quality of the services, or the third party service providers.

The company shall not be liable for any losses or damages, including but not limited to any injury which you may suffer, any damage or loss to property owned by or in your possession, or any indirect loss and damage, resulting from the third party providers’ services and matters relating to third party service providers.

  1. Assignment

This Agreement as constituted by the Terms of Use 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.

  1. General

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 Terms of Use or the Service shall be referred to the Asian International Arbitration Center (“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.

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.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use 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 of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use 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.

You hereby agree that 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 in the course of you acquiring services from the third party transportation provider under this Agreement.