Online Coaching Terms & Conditions
By submitting the enrolment form, you (herein referred to as “Customer”) agree to the follow terms stated herein.
LearnMOJO (herein referred to as “Company”) agrees to provide online academic coaching (herein referred to as “Service”). Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase of Service.
Customer understands Tutor and Company, has not promised, shall not be obligated to and will not; (1) Perform any functions including but not limited to, completing student’s homework and/or graded assignments; (2) Act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy. Customer understands that a relationship does not exist between the parties after the conclusion of the Service.
- A Revision Plan
- Unlimited marked assignments
- One (1) round of marked corrections for each assignment
- Up to two (2) hours of one-on-one support via phone/video conference every month
- Access to a private online folder containing all assignments
- Access to Downloads of the Video Replay from the Live 1:1 Online Class
- Access to learnMOJO’s Skills Guides
Customer understands that if no assignment is done for two (2) consecutive calendar weeks and more, the Company reserves the right to cease the provision of Service without any refunds to the Customer.
Customer (either parent or student) will inform Tutor via email or text if unable to complete assignments.
Weekly Video Calls
Customer’s requests to reschedule weekly video calls will be subject to the availability of alternative slots.
Customer understands that for reschedule requests made within 24 hours of the scheduled call, there will be no make up sessions or refunds.
If Customer is more than 5 days late with payment, the Company reserves the right to cease or pause the provision of Service.
Methods of Payment
Funds transfer of monthly fee as indicated in invoice to the relevant bank account, due by the 5th of every month. Customer authorizes the Company to charge Customer’s credit card or debit card, if customer opts for credit card or debit card payment.
Customer has (30) days from date of the Service’s first video call to receive a refund pending they provide all completed course work, show proof of attendance, and contact Company prior to refund expiration period. Refunds will be processed within 30 days from request and are at the sole discretion of Company. Customer must email firstname.lastname@example.org for all refund requests.
Customer may request to cancel Service up to three (3) working days before last day of the current month. Cancel requests will be processed within 7 days from the request and are at the sole discretion of Company. Customer must email email@example.com for all cancel requests.
The Company respects Customer’s privacy and insists that Customer respects the Company’s and other Service Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group calls, from the forum or otherwise.
Customer agrees not to use such confidential information in any manner other than in discussion with other Participants throughout Service. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Customer agrees not to violate the Company’s publicity or privacy rights. Furthermore Customer will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Customer including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party.
Further, by submitting the enrolment form you agree that if you violate or display any likelihood of violating this session the Company and/or other Participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Non-disclosure of Materials
Material given to Customer with the purchase of Service is proprietary, copyrighted and developed solely and specifically for Company. Original materials that have been provided to Customer are for Customer’s individual use only and a single-user license. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure, reproduction and sale by Customer to a third party is strictly prohibited.
No transfer of Intellectual Property
learnMOJO’s Service is copyrighted and original materials that have been provided to Customer are for Customer’s individual use only and a single-user license. Customer is not authorized to use any of Company’s intellectual property for Customer’s business purposes. All intellectual property, including Company’s copyrighted Serviceand/or course materials, shall remain the sole property of learnMOJO. No license to sell or distribute Company’s materials is granted or implied.
By signing below, Customer agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) not to disclose such information to any other person or use it in any manner other than in discussion with the Company.
Further, by signing below, Customer agrees that if Customer violates, or displays any likelihood of violating, any of Customer’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Service is developed for strictly educational purposes ONLY. Customer accepts and agrees that Customer is 100% responsible for their progress and results from the Service. Company makes no representations, warranties or guarantees verbally or in writing. Customer understands that because of the nature of the Service and extent, the results experienced by each Customer may significantly vary. Customer acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Customer will reach their goals as a result of purchase of Service.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, government travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Severability / Waiver
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY
Customer agrees they used Company’s services at their own risk and that Service is only an educational service being provided. Customer releases Company, its owner(s), officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Service is held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my purchase of the Service. Customer accepts any and all risks, foreseeable or unforeseeable.
Customer agrees that Tutor and Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Tutor and Company’s services or enrollment in the Service. Tutor and Company assumes no responsibility for errors or omissions that may appear in any of the Service materials.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Services, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Company is committed to providing all customers with a positive Service experience. By signing below, Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to Service without refund or forgiveness of monthly payments if Customer become disruptive to Company or Participants, difficult to work with or upon violation of the terms as determined by Company. Customer will still be liable to pay the total contract amount.
Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, any dispute arising out of or in connection with this agreement must be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC’s Mediation Procedure in force for the time being. Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 45 days thereof. Every party to the mediation must be represented by a person with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached. In disputes involving unpaid balances on behalf of Customer, Customer is responsible for any and all arbitration and attorney fees.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: firstname.lastname@example.org.
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.
By submitting the learnMOJO enrolment form, I have read and agree to the working agreement above.