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Terms of Service (21 April, 2019)

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND THE MOBILE APPLICATION OFFFERED BY [COMPANY NAME] AND ITS SUBSIDIARIES (COLLECTIVELY REFERRED TO AS "[COMPANY NAME]"). THIS AGREEMENT SETS FORTH A LEGALLY BINDING AGREEMENT BETWEEN PEAKTURE AND YOU. YOU HEREBY ACKNOWLEDGE AND AGREE THE AGREEMENT APPLY TO YOUR ACCESS TO, AND USE OF ANY SERVICES THROUGH THE WEBSITE AND THE MOBILE APPLICATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, PLEASE DO NOT ACCESS OR USE THE PEAKTURE SERVICE

SHOULD YOU BE UNDER THE AGE OF 18, PLEASE OBTAIN PRIOR CONFIRMATION FROM YOUR PARENTS OR GUARDIANS IN RESPECT OF THE AGREEMENT

Definition and Interpretation

In these terms and conditions, unless the context otherwise requires:

1. "Mobile Application" means mobile application "Peakture" for iOS devices and Android devices and any modified or updated versions of the aforementioned devices

2. "Website" means website [enter website] or any other website as directed by Peakture from time to time

3. "Student" means any user who posts questions on the academic tutoring platform provided by Peakture

4. "Tutor" means any user who provide solutions to questions posted by students on the academic tutoring platform provided by Peakture

5. "User" means any user who utilizes the services provided by the academic tutoring platform provided by Peakture

6. "Corporate Tag" means the tag found below the username which shows the tutor's tuition center's name or the name of the institution the tutor originates from. The tag is a hyperlink to the institution's specified website

7. "Corporate Tutor" means a tutor who is currently working in an institution and wishes to market themselves as an employee of that particular institution. Corporate tutor and private tutor are not mutually exclusive.

8. "Listed Tag" means the tag found below the username which identifies the tutor is listed in the listed tutor page. The tag is a hyperlink to the tutor's listed profile

8. "Private Tutor" means a tutor who wishes to market themselves as individuals. Corporate tutor and private tutor are not mutually exclusive

Peakture Service

Peakture provides an online platform accessible by mobile applications or website to allow students who comply with Peakture's policies to post questions in relation to their academic studies at any time and tutors who comply with Peakture's policies to provide solutions to the questions posted at their own discretion.

Peakture is not directly involved in the exchange between students and tutors. As a result, Peakture has little control over the quality, authenticity and legality of any aspect of the questions asked and solutions provided.

Peakture cannot guarantee the true identity, age or nationality of a user.

Peakture has the sole right and discretion to request users to provide further and additional documents and information in order to facilitate verification of identity, and may refuse registration and/or suspend any services if the users fail to comply within the requested period.

You agree that Peakture is a platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by the users. You use the Peakture service at your own risk.

Membership Subscription and Payment

Corporate tutors needs to subscribe to the membership plan available if they wish to display their corporate tag. Peakture has the right and discretion to request for further documents/information to verify if tutor belongs to the institution displayed in the corporate tag.

Private tutors needs to subscribe to the membership plan available if they wish to display their listed tag. Peakture has the right and discretion to request for further documents/information to verify information provided by private tutors are authentic.

Peakture only accepts the payment methods prescribed in the Mobile Application. Tutors may from time to time change or update the payment method.

If the subscription period expired and tutors does not make further payment, the membership plan will automatically expire. Peakture has the right to remove relevant tags without any prior notice when the membership plan is expired.

Tutors may terminate the subscription of the membership plan at any time by sending Peakture formal notification through the Website or the Mobile Application. All membership fees paid are non-refundable but this will be decided on a case by case basis. Peakture reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such refunds without prior notice and at our absolute discretion.

If tutors wish to switch to a different membership plan, the tutor must terminate the subscription of the existing membership plan and subscribe to the other membership plan.

Tutors hereby agrees that the pricing information of any Peakture Service currently contained on the Website and the Mobile Application are only reflecting the current pricing. The pricing will be changed or revised from time to time. Peakture shall have absolute rights to change or revise the pricing from time to time without any prior notice to or consent of the tutors.

Students

Students can post questions in relation to their academic studies on the platform. Students hereby expressly agree and undertake that the questions posted must be for the students' own study or academic or educational purposes. Peakture shall have absolute rights to determine the purpose or nature of the questions and remove any question it deems inappropriate without any prior notice.

Peakture has absolute rights to at any time suspend or terminate the students' account without any prior warning notice if (i) the personal information provided by the students during the registration are incorrect, false, not updated or incomplete, or (ii) Peakture is of the option that the students' actions or behaviors or interactions with any other users on the platform or otherwise have prejudiced to the enjoyment of Peakture services by any other users, or have prejudiced to the reputation or operation of Peakture, or (iii) students are in breach of or fails to comply with these Terms of Use.

Tutors

Tutors can provide solutions to the questions at their own discretion. Tutors hereby expressly agree and undertake that the solutions posted must be for academic or educational purposes. Peakture shall have absolute rights to determine the purpose or nature of the solutions and remove any solutions it deems inappropriate without any prior notice.

Peakture has absolute rights to at any time suspend or terminate the tutors' account without any prior warning notice if (i) the personal information provided by the tutors are incorrect, false, not updated or incomplete, or (ii) Peakture is of the option that the tutors' actions or behaviors or interactions with any other users on the platform or otherwise have prejudiced to the enjoyment of Peakture services by any other users, or have prejudiced to the reputation or operation of Peakture, or (iii) tutors are in breach of or fails to comply with these Terms of Use.

Non Disclosure of Personal and Contact Information

Users agree that the questions and/or solutions posted must not contain any of personal contact information (including but not limited to phone number, email, social media account or address) and any information which enable the users to contact or reach other users (or any third parties) outside the platform. Students are also prohibited from requesting or making enquires on any personal contact or information from tutors or other users. Users understand and agree that any request and exchange of contact number by the system are meant for matching Tutors and Students. By giving out their contact number, Users represent they are above 18 years of age or under supervision of their parent or legal guardian. Peakture shall not be responsible for any interactions amongst users outside the platform of Peakture.

Disclaimers

Peakture does not guarantee the questions posted by students will be answered, or that the solutions provided by tutors are true, updated, completed and/or accurate. Users should make their own enquiries to check if the information obtained from Peakture, either through the Mobile Application or the Website is accurate, complete, reliable, updated and suitable for their intended use.

Peakture does not guarantee the identity of users of Peakture or the accuracy of information provided in the course of the other users' registration. For avoidance of doubt, Peakture does not conduct inquires on the personal background or criminal records of any user. Therefore, the users are at their own risk and responsibility for all interactions with other users of Peakture. Peakture is not responsible for any loss or damage whatsoever, whether direct, indirect, general, special, compensatory, consequential or incidental, arising out of or relating to the conduct of other users in the course of using Peakture resulting from the users' interaction with any other users in the course of using Peakture.

Peakture does not guarantee the Website or the Mobile Application will be uninterrupted or error-free, defect-free or virus-free. Peakture does not guarantee any electronic files available through the Website or the Mobile Application will be free of any harmful code or virus and the Website or the Mobile Application is compatible with the Student User’s mobile device or computer.

All information appearing in the Mobile Application and on the Website is of education or academic nature only and is not intended to constitute professional, medical, financial or any other advice on otherwise aspects. The Mobile Application and the Website may provide information that includes the views or recommendations of others that are not necessarily views of Peakture.

Indemnification

Users shall indemnify, defend, and hold harmless Peakture, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys', investigators', and experts'; (or similar) fees, disbursements and costs incurred, in connection (i) with the users' use of Peakture, (ii) in connection with the Mobile Application and/or the Website , (iii) with regard to any dispute between users, or (iv) the violation of these Terms and Conditions, or (v) arising from users' violation of any rights of a third party.

Termination

Peakture may terminate or suspend the users' account through the Mobile Application or on the Website, if users breaches any provision of these Terms and Conditions. Peakture may, at its discretion, terminate users' account without the need to provide reasons and without any prior notice.

Peakture may change, suspend or discontinue any aspect or feature of the Mobile Application and/or the Website and the settings of users' account at any time without any prior notice.

Privacy Policy

Users hereby acknowledge and agree to be bound by the terms of Peakture's Privacy Policy as stated on the Website and the Mobile Application, inter alia, not to disclose or make use of any personal data of any other users without prior written consent of such users.

Modifications

Users hereby acknowledges and agrees that Peakture shall have the right to amend or modify these Terms and Conditions from time to time. Any changes will be reflected by an update of these Terms and Conditions. Peakture shall send the users notification in respect thereof by way of emails and pop-up messages of the Mobile Application and post the notice in respect thereof on the Website.