These Study Unite Limited Services Terms ("Services Terms”) set forth the main terms and conditions applying to and governing your use of StudyUnite fee-based subscription services that allow you to access the select network of Tutors, connect with them via the StudyUnite Platform, and use all features and functionalities, website, mobile application, content, and software associated with our fee-based subscription services ("Study Unite Limited services”, "StudyUnite services”, "our services” or "the services”). To use the services, you must agree to the terms and conditions set forth below, including the agreement to arbitrate on an individual basis any claims between you and Study Unite Limited.
These Services Terms constitute a binding agreement between you and Study Unite Limited. (also referred to as "Study Unite Limited”, "StudyUnite”, "we” and "us”), a corporation registered and organized under the laws of Hong Kong Special Administrative Region (HKSAR) with its principal place of business at 7/F Blissful Building 243-247 Des Voeux Road Central, Sheung Wan, Hong Kong Special Administrative Region.
These Services Terms supplement StudyUnite Limited Terms of Service, which generally govern your use of the StudyUnite Platform and are incorporated into these Services Terms by reference. Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in StudyUnite Terms of Service. To the extent that there is a conflict between StudyUnite Terms of Service and these Services Terms, these Services Terms will prevail.
1. DEFINITIONS
StudyUnite Platform - technology enabling Learners and Tutors to connect and make the learning process more efficient.
StudyUnite Classroom- a video conferencing tool made available via the StudyUnite Platform, allowing to conduct lessons between Learners and Tutors.
Learner (also referred to as "you”, "Learners”) - a person seeking Tutoring Services by using the StudyUnite Platform or other tools made available by StudyUnite.
Tutor (also referred to as "Tutors”) - a person providing Tutoring Services via the StudyUnite Platform or other tools made available by StudyUnite.
Tutoring Services - online teaching and tutoring services a Tutor provides to Learners who signed up, booked sessions or purchased a subscription through the StudyUnite Platform.
Discussion Forum - online group discussion between Learners and Tutors via the StudyUnite Platform.
StudyUnite Point Rewards Scheme - a reward points program that Learners earn points for performing an action and can redeem their accumulated points for various rewards.
Session - involves a meeting or interaction between Learners and Tutors via StudyUnite Platform. The meeting is in online group classes or lessons setting.
StudyUnite Account - is a separate site for Learners and Tutors to access StudyUnite Platform. Each Learner and Tutor has a unique login.
For other capitalized terms not defined in these Services Terms (either in-line or by Terms of Service.
2. GROUP CLASS
Group Class is an offering that gives you access to:
Applicable Group Class and pricing may be found on each Group Class and checkout page.
Every Group
Class suggested to you via the StudyUnite Platform will have a pre-defined category, subject, schedule,
and duration. You may book any available Group Class according to your interest.
2.1. Reschedule Class
i. For One-Off Group Class
Learners are not permitted to reschedule a class. However, they may cancel a class up to 12 hours before the
scheduled start time. Upon cancellation, a refund can be requested in accordance with the Refund and Payment
Policy.
Tutors may reschedule a One-Off Group Class, provided it has not yet been booked by a
learner.
ii. For Package Group Class
Learners are not permitted to reschedule or cancel a Package Group Class.
Tutors may reschedule a
Package Group Class, provided it has not yet been booked by a Learner.
If no Learners sign up for
the Group Class, the Group Class will be automatically cancelled after 2 hours.
2.2. Trial Class
Trial is not available for both One-Off Group Class and Package Group Class.
2.3. Group Class Cancellation
(a) One-Off Group Class Cancellation
One-time Group Class may be cancelled up to 12 hours before the scheduled start time. Upon cancellation, you may request a refund of the corresponding payment according to the Refund and Payments Policy.
(b) Package Group Class Cancellation
Package Group Class may be cancelled up to 12 hours before the scheduled start time. Upon cancellation, you may request a refund of the corresponding payment according to the Refund and Payments Policy.
StudyUnite reserves the right to cancel Group Class 12 hours before the scheduled start time if the number of Learners enrolled is less than two.
3. LESSONS PACKAGES
Lessons packages is an offering that allows Learner to purchase a stated amount of hours that can be used to schedule 1-on-1 lessons with the chosen Tutor at a price specified on the Tutor profile page.
3.2. Trial Lesson
In case your can attend your scheduled free trial lesson, you can request to
3.3. Rescheduling Cancellation of a Lesson
Rescheduling and cancellation of lessons are governed by the specific cancellation policy for each
lesson.
Learners are permitted to reschedule a lesson up to 12 hours before the scheduled start
time.
Cancellation details can be found by selecting the cancellation icon next to each lesson on the
Manage Lessons page.
You will be prompted to provide a reason for the cancellation.
StudyUnite reserves the right to
charge the cost of the lesson that is canceled or rescheduled not within the
timeframe determined above.
4. MEMBERSHIP PLANS
4.1. General Terms
To use our services you must meet the services eligibility criteria set out in StudyUnite Terms of Service, have Internet access, register an account with StudyUnite and provide us a current, valid, accepted method of payment, as may be updated from time to time ("Manage Payments”).
To use StudyUnite services, you cannot be a person barred from receiving the service under the laws of Hong Kong, the United States, the European Union, or other applicable jurisdictions, including the country in which you reside or from where you use the service. By accepting these Services Terms, you represent that you understand and agree to the foregoing.
We offer a range of subscription plans with different prices, conditions, and limitations. You may find specific details of each membership plan on our pricing and checkout pages.
4.2. Points Reward Scheme
As part of a subscription plan or a special promotional offer, you will receive unlimited access to Member-only Discussion Forum and entitled you to participate on StudyUnite Points Reward Scheme (as the "Reward Points”) under such membership plan. Reward Points may only be redeemed on the StudyUnite services and used to schedule lessons with Tutors. You may not trade, gift or otherwise exchange Reward Points.
The Reward Points is based on the value amount you have spent on each Session with Tutors. You may check the remaining balance of your Reward Points in your Wallet by visiting your Account.
Reward Points will be credited into your wallet only when both you and Tutor have completed or marked as "Completed” on your session on StudyUnite Platform. If you have cancelled your Session, you will not be getting the Reward Points for that Session. If you have rescheduled your Session, you will be getting the Reward Points for the rescheduled Session.
All Reward Points are valid for an unlimited time as described in the applicable subscription and promotional terms and conditions.
StudyUnite reserved the right to change to the terms and conditions of Point Rewards Scheme at any time upon notice to Learners.
4.3. Discussion Forum
As part of a membership plan or a special promotional offer, you will receive unlimited access to Discussion Forum and entitled you to participate on StudyUnite Point Rewards Scheme under such membership plan.
A Discussion Forum allows you to participate in posting questions and replying to comments, and following topics or tags.
All Discussion Forums are available for a limited time based on the duration of your membership plan. Learners will no longer be able to comment or post if the subscription is cancelled or terminated.
5. PROMOTIONS
We may from time to time offer special promotional offers and plans ("Promotion”) per StudyUnite Promotional Terms and Conditions. Promotion eligibility is determined by StudyUnite at its sole discretion and we reserve the right to revoke a Promotion and put your account on hold if we determine you are not eligible. The eligibility requirements and other conditions will be disclosed when you sign up for the Promotion or as otherwise communicated to you by us.
6. BILLING, RENEWAL AND CANCELLATION
6.1. Memebrship Fee
You shall pay the applicable monthly (billed every four weeks), or annually (billed every 364 days) fee (the "Membership Fee”). Unless you cancel your membership before the end of the applicable membership period, you authorize StudyUnite to charge the Membership Fees for the next billing cycle to your Payment Method.
6.2. Billing Cycle
The Membership Fee and any other charges you may incur in connection with your use of the services, such as taxes and transaction fees, will be charged to your Payment Method on the specific billing date indicated under the "Manage Subscription Plans” section of your account page. The length of your billing cycle will depend on your chosen membership plan.
6.3. Auto-Renewal
In order to ensure that you don't experience any interruption in your learning process, your membership will automatically renew for additional periods of the same duration, unless you cancel your membership at least one day before the end of the applicable billing cycle.
6.4. Payment Methods
To use our services, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your Membership Fee.
You remain responsible for any uncollected amounts. If payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend your access to the services until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to processing your Payment Method.
6.5. Updating your Payment Methods
You can update your Payment Methods by going to your account "Account Settings” page and following the instructions for changing or removing your Payment Method. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
6.6. Subscription Cancellation
You can cancel your membership at any time before your next billing date by visiting the 'Manage Membership Plans' page in your account and following the cancellation instructions. Any unused Reward Points from your subscription plan will not expire at the end of your billing cycle. You will still be able to redeem them on the checkout page.
6.7. Non-refundable Payments
To the extent permitted by the applicable law and except as expressly set forth herein, payments are non-refundable, and we do not provide refunds for any partial membership periods.
6.8. Changes to the Membership Plans and Pricing
StudyUnite reserves the right to change the membership plans and applicable Membership Fees at any time upon
notice
to the Learner, and such change will enter into effect upon membership renewal.
If you do not agree with the changes, you may cancel the subscription as described in the Cancellation section
of
these Services Terms.
7. STUDYUNITE SERVICES
In registering for an account, you agree to provide us with accurate, complete, and updated information and must not create an account for fraudulent or misleading purposes. Your username and password are for your personal use only and should be kept confidential.
You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account. You agree to use the StudyUnite services in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service therein. You agree not to reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Services Terms) information and materials contained within or obtained from or through the StudyUnite services. StudyUnite services are for your personal and non-commercial use only.
Subject to your compliance with the terms and conditions outlined herein and StudyUnite Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-assignable right to access the StudyUnite services during the period of your subscription. This access shall remain in effect unless and until terminated by you or StudyUnite. Except for the foregoing, no right, title or interest shall be transferred to you.
8. SUSPENDING AND TERMINATING THE STUDYUNITE SERVICE
These Services Terms will continue to apply to you until terminated by either you or StudyUnite. We may terminate these Services Terms (including any additional terms and conditions incorporated herein) or suspend your access to the StudyUnite services at any time
If you or StudyUnite terminate these Services Terms, or if we suspend your access to the StudyUnite services,
you
agree that StudyUnite shall have no liability or responsibility to you, and (except as expressly provided in
these
Services Terms) StudyUnite will not refund any amounts that you have already paid.
You may terminate
these Services Terms at any time by discontinuing your use of StudyUnite services and providing a
termination notice to StudyUnite or deleting your account.
9. STUDYUNITE AS AN ON-DEMAND INTERMEDIARY
In providing the StudyUnite services we are acting as an on-demand intermediary connecting Learners and Tutors and providing the tools facilitating Tutoring Services. You acknowledge and agree that StudyUnite is a technology services provider that does not provide online tutoring services or functions as a school.
10. PERSONAL DATA
StudyUnite processes your personal data in accordance with its Privacy Policy.
11. LIABILITY
11.1. Disclaimer
StudyUnite services are provided to you on an "as is" and "as available” basis, without any representations and warranties, express, implied, or statutory. StudyUnite does not represent, warrant, or guarantee that your access to or use of StudyUnite services will be uninterrupted or error-free.
StudyUnite Platform functions as an on-demand intermediary and StudyUnite makes no representations, warranties, or guarantees as to acts or omissions of the Tutors who may provide Tutoring Services to the Learners. To the maximum extent permitted by applicable law, StudyUnite shall not be liable to any Learner or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages (including, but not limited to, property damage or monetary loss, loss of profit or anticipated savings, loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business, 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 StudyUnite services or any information or materials obtained in relation to the StudyUnite services, whether based upon warranty, contract, tort (including negligence), or, otherwise, even if has been advised of the possibility of such damages or losses.
11.2. Limitation of Liability
You agree that StudyUnite's total cumulative liability in connection with these Services Terms or StudyUnite services whether in contract, tort, or otherwise, shall not exceed the amounts you paid in Membership Fees in the then-prior three months.
11.3. Waiver of Class Action
Any claims brought by you or StudyUnite must be brought in that party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
12. INDEMNIFICATION
You shall indemnify, defend (at StudyUnite's option) and hold harmless StudyUnite and its affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, damages, losses, and expenses of any kind (including legal fees) arising out of or related to
13. AMENDMENTS TO THESE SERVICES TERMS
StudyUnite reserves the right to amend or modify these Services Terms (including any additional StudyUnite terms and conditions incorporated by reference herein) at any time, by posting a revised version on the www.studyunite.online website and by sending a notice to the email address associated with you whenever such amendments are material in our reasonable opinion.
We encourage you to check this page regularly. If you do not agree with the amendments to these Services Terms, you have the right to terminate these Services Terms by discontinuing your use of StudyUnite services and providing a termination notice to StudyUnite or deleting your account.
You understand that by using StudyUnite services following the amendment of these Services Terms, you consent to be bound by the Services Terms as amended.
14. NOTICES
You hereby agree to the use of
15. DISPUTE RESOLUTION
If the respective dispute resulting from these Services Terms could not be settled by negotiations, then the dispute shall be finally resolved as set forth below.
Any dispute arising out of consumer claims shall be finally resolved by individual arbitration before a single arbitrator conducted in the English language in Hong Kong Special Administrative Region (HKSAR) under the rules have been adopted by the Council of the Hong Kong International Arbitration Centre (HKIAC).
All disputes arising out of or relating to these Services Terms shall be finally resolved by individual arbitration. The arbitration will be conducted in Hong Kong Special Administrative Region (HKSAR). The individual arbitration must be before a single arbitrator conducted in the English language under the rules have been adopted by the Council of the Hong Kong International Arbitration Centre (HKIAC).
Any arbitration under these Services Terms will be between you (an individual user) and StudyUnite. To the fullest extent permitted by applicable law, and except as expressly provided below, you and StudyUnite expressly waive any entitlement to resolve disputes in court or on a class, collective, or representative basis.
You and StudyUnite shall appoint as sole arbitrator a person mutually agreed by you and StudyUnite or, if you and StudyUnite cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the HKIAC upon the request of either party.
The parties shall bear equally the cost of the arbitration except
All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, StudyUnite shall be entitled to seek temporary injunctive relief, security, or other equitable remedies from Hong Kong Special Administrative Region or any other court of competent jurisdiction.
16. GOVERNING LAW
These Services Terms shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region.
17. NON-SOLICITATION
Without limitation, the StudyUnite 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 the Tutors for employment, contracting, or any other purpose not related to the services facilitated through StudyUnite without express written permission from StudyUnite. You may not use the services to collect usernames and/or email addresses of the Tutors by electronic or other means without the express prior written consent of StudyUnite.
18. SEVERABILITY
If any provision of these Services Terms is held to be unlawful, void, or unenforceable, such provision will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. In that event, the parties shall replace the affected provision with an enforceable provision that, to the greatest extent possible, approximates the intent and economic effect of the affected provision.
19. CONTACTS
For additional information and in case you have any questions about these Services Terms, please contact contact@studyunite.online.
