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Student User
Terms and Conditions of Q&A Services [Student User]
These Terms and Conditions form a legally binding agreement between The One Education Limited and you (namely, the Student User). You hereby acknowledge and agree that these Terms and Conditions apply to your use of any services through the Website and the Mobile Application, WhatsApp. If you do not agree to be bound by all of these Terms and Conditions, please do not use The One Education Limited’s services.
Should you be under the age of 18, please obtain prior confirmation from your parents or guardians in respect of these Terms and Conditions.
Definition and Interpretation
1. In these terms and conditions, unless the context otherwise requires.
a) “Academic Institution” means any third-party institution or organization operating for educational, training, academic and/or tutoring purposes for children or youth, including but not limited to primary and secondary schools, colleges, and tutoring centres;
c) "Authorized Person" means tutors, teachers, school officers, and principal of the Academic Institution or guardians of the Student;
b) “Content Provider” means any User who provides contents in specified forms for educational, training, academic and/or tutoring purposes pursuant to his respective agreements with The One Education Limited;
c) “Mobile Application” means mobile application, WhatsApp for iOS and Android devices;
d) “Parties” means The One Education Limited and Student User;
e) “Provided Content” means all contents and materials in all specified formats provided by Content Provider; and
f) “Q&A Service" means any academic tutoring platform services provided through the Mobile Application and/or on the Website;
g) “Specified Payment Gateway” means the specified payment gateway of which Student User makes payment via the Mobile Application;
h) “Student User” means any User who has signed up to Q&A Services as a student and has purchased to designated plans to post questions on the academic tutoring platform provided under Q&A Service;
i) “Tutor” means any User who has signed up to Q&A Service as a tutor and provides answers and/or solutions to questions posted by the Student User on WhatsApp;
j) “User” means Student User, Tutor, Academic Institutions and Content Provider; and
k) “Website” means the website The Focus One Education or any other website as directed by The One Education Limited from time to time.
2. Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate unincorporated associations and partnerships.
3. Headings are ignored in the construction or interpretation of any provision of these Terms and Conditions.
Q&A Service
4. Q&A Service provides an online academic tutoring platform accessible through the Mobile Application and the Website, on which Student User is permitted to post questions in relation to his academic studies at any time, and Tutor may at his discretion provide answers and/or solutions to any questions posted.
5. The Student User hereby acknowledges and agrees that The One Education Limited only acts as a service provider between Tutor and Student User, and The One Education Limited does not act as the agent of Tutor or Student User.
6. The User who intends to use Q&A Services as a Student User must sign up to Q&A Services and register as a Student User through the Mobile Application. During the registration, the student is required to provide personal information and data, failing which no registration will be proceeded.
7. The One Education Limited has the sole right and discretion to request the Student User 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 Student User fails to provide the requested documents and/or information within the requested period.
Package Buying and Payment
Package Buying
8. Student User needs to choose packages available and pay the corresponding package fee before he is permitted to utilise Q&A Service. Please see our subscription packages.
9. Student User is required to provide his phone number, gender, school profile, and other information to The One Education Limited for registration. For details, please see our Privacy Policy Statement.
10. Each Student User shall only register one (1) Student User account. The Student User account is personal and cannot be shared with, transferred, or assigned to any third parties. The Student User shall be responsible to keep his account details confidential.
11. The One Education Limited may change, suspend or discontinue any aspect or feature of Q&A Service, the Mobile Application, the Website, and the settings of the Student User’s contact at any time without giving any prior notice and obtaining the prior content of the Student User.
12. The One Education Limited has absolute rights to at any time suspend or terminate the Q&A Service to Student User without any prior warning notice and consent from the Student User if (i) the personal information or academic credential provided by the Student User is incorrect, false, not updated or incomplete, or (ii) Student User’s actions or behaviours or interactions with any other User on the platform or otherwise has prejudiced to the enjoyment of Q&A Services by any other Users, or has prejudiced to the reputation or operation of The One Education Limited or Q&A Service, or (iii) the Student User is in breach of or fails to comply with these Terms and Conditions or (iv) the Student User fails to pay the package fee or any payment.
Payment
13. The One Education Limited only accepts the payment methods prescribed on the Website and/or Mobile Application. Student Users may from time to time change or update the payment method. By selecting online payment, the Student User hereby expressly authorizes The One Education Limited to bill and charge the package fee from his designated account or his credit card. If Student User is using parents’ or guardians’ credit cards or any other payment methods, the Student User must have informed and obtained his parent’s approval. The One Education Limited does not have obligation to give prior notice to the credit cardholder or account holder.
14. The One Education Limited accepts one type of package fee which is **Once-off payment:** Student User who pays a one-off payment will get question tokens for one month.
15. The Student User hereby agrees that the pricing information of any Q&A Service currently contained on the Website and the Mobile Application is only reflecting the current pricing. The pricing will be changed or revised from time to time. The One Education Limited shall have absolute rights to change or revise the pricing from time to time without any prior notice to or consent of the Student User.
16. By making any payment through the Website and/or Mobile Application, the Student User is deemed to have accepted the separate sets of terms and conditions of the relevant Specified Payment Gateway. The Student User is also deemed to have accepted the terms and conditions and the mechanisms of the relevant Specified Payment Gateway in relation to refund (if applicable).
17. The Specified Payment Gateway may charge administrative fees and/or other processing fees from the Student User. The One Education Limited shall not be responsible for the said fees and the Student User shall solely be responsible for the said fees.
18. The One Education Limited shall not be liable for any loss, damages, costs, and expenses suffered by the Student User arising out of or in connection with (i) any act, default, omission, or negligence of the Specified Payment Gateway or (ii) the closedown, suspension or frozen of the Specified Payment Gateway.
19. All package fees paid are non-refundable.
The Student User's behaviour
20. The Student User can post questions in relation to his academic studies on an online tutoring platform. The number of questions to be posted is subject to the package plan.
21. The Student User shall specify clearly which part(s) of the question does he require assistance and explanations from the Tutor.
22. The Student shall ensure that he understands the Tutor’s answer or solution. If the Student has any doubt in relation to the Tutor’s answer or solution, the Student shall ask the Tutor for further explanation in a polite manner.
23. The Student shall not ask the Tutor more than one (1) question in one(1) tutoring session.
24. The Student shall respond to the Tutor’s queries during the tutoring session. If the Student User fails to respond to the Tutor’s queries within 1 hour, the Tutor or The One Education Limited is entitled to end the session and such a session is deemed to be used up by the Student User. If the Student wishes to ask the Tutor the same or similar question, he needs to ask such same or similar question in another tutoring session.
25. The Student User shall not post or make available any content to the Website and/or the Mobile Application which:
a) encourages any illegal or immoral activities;
b) is pornographic, obscene, violent, contains nudity or may otherwise offend human dignity;
c) contains any fouler language, hate speech, content which is offensive or is likely to harass, embarrass, bully or upset any other person or group;
d) is insulting, abusive or threatening;
e) infringes or violates another person’s rights (including intellectual property rights and privacy rights); or
f) involves any transmission of spam or junk message.
26. The Student User shall not use the Website and/or Mobile Application to:-
a) conduct any fraudulent behaviour;
b) engage in any illegal or immoral activities;
c) engage in any activities which are prohibited by his school;
d) prejudice the enjoyment of Q&A Service of any other User;
e) perform any unwelcoming, inappropriate, or offensive interactions with any other User;
f) harm the reputation of The One Education Limited and/or Q&A Service; or
g) interfere with the provision of Q&A Service.
27. The Student User hereby expressly agrees and undertakes that the questions posted must be for the Student User’s own study or academic or educational purposes. The One Education Limited shall have absolute rights to determine the purpose or nature of the questions and remove any question it deems inappropriate without any prior notice.
28. Without prejudice to any rights of The One Education Limited under these Terms and Conditions, The One Education Limited shall have the right to report and provide reasonable assistance to any law enforcement agency or judicial authorities of Hong Kong and/or other jurisdictions for any suspected illegal activities observed in Student User’s actions or behaviours or interactions with any other User on the platform or when using Q&A Service.
29. The Student User hereby expressly agrees that The One Education Limited shall have the right to disclose to the Authorized Person the information and data in relation to the Student User, including but not limited to the unique identifier of the Student User, his school name, form, class, topic, concept, skill, the difficulty of Question & Answer, QZ activity, trend, analysis or insight obtained or derived by The One Education Limited from the said information and data and/or through the use of Q&A Service, provided that the disclosure of the said information and data is for the purpose of (i) evaluating or reviewing the progress of the Student User, (ii) preparing course materials or educational materials for the Student User.
30. The Student User hereby acknowledges and agrees that The One Education Limited is hereby authorized to use or disclose the following data and information of the Student User to the Authorized Person.
a) number of questions or specific questions the Student User attempted;
b) number of questions or specific materials the Student User viewed;
c) the time the Student User spent doing specific questions;
d) Student User's behaviours on Q&A Service;
e) Student User's information and records interacting with other Users; and/or
31. The Student User hereby acknowledges and agrees that the other User may see his school name, user name, grade, and/or profile picture.
32. The Student User hereby agrees that The One Education Limited shall have the rights to review and make use of all in-chatroom content for audit or overall service improvement of the Q&A Service.
Fair Use Policy
33. The Student User shall comply with The One Education Limited's Fair Use Policy as stated on the Website. If any Student User contravenes the requirements and/or guidelines stated in the Fair Use Policy or abuse the Fair Use Policy, The One Education Limited is entitled to immediately terminate the Q&A Service to Student User, provided that prior notice of abusing Fair Use Policy has been given to such Student User but the abusing act continues or happens again. No refund of any payment is allowed.
34. The Student User will be constituted as abusing the Fair Use Policy if he does the following acts:
a) sharing his WhatsApp account with any third party (including but not limited to User) to use Q&A Service;
b) re-selling, assigning or transferring his account to any third party;
c) using The One Education Limited’s services for business use or any non-academic purpose;
d) unusual tutor asking patterns inconsistent with normal or individual usage;
e) regular calls of short duration;
No Disclosure of Personal and Contact Information
35. The Student User agrees that the questions 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 enables the Tutor or any other User to contact or reach Student User (or any third parties) outside the platform. Student User is also prohibited from requesting or making enquires on any personal contact or information from Tutor or other User.
36. The One Education Limited strictly prohibits the provision or exchange of contact information between Users. The One Education Limited does not encourage communication, correspondence, or interaction of any kind outside the platform of Q&A Service. The One Education Limited shall not be responsible for any interactions amongst Users outside the platform of Q&A Service.
Ownership
37. The Website and the Mobile Application, together with Q&A Service, are exclusively owned and operated by The One Education Limited. No reproduction, republication, upload, copy, transmit, distribution, display, or otherwise use of any materials or contents on the Mobile Application or the Website is allowed or permitted without prior written consent from The One Education Limited.
Intellectual Property Rights of Contents and Materials
38. The One Education Limited is the exclusive owner of intellectual property rights of all contents and materials of the Q&A Service, including but not limited to the questions, answers, and solutions. Student User shall not disclose, leak, spread, publish, distribute, release or disseminate any questions, answers, or solutions obtained from and/or provided on the platform to any third parties outside the platform without the prior written consent of The One Education Limited.
Representations, Warranties and Undertakings
39. The Student User hereby warrants and undertakes that:-
a) the Student User will not use the Mobile Application and/or the Website and/or Q&A Service for any unlawful or immoral purposes;
b) the Student User has not been refrained from entering into these Terms and Conditions;
c) the Student User’s access to, or use of the Mobile Application and/or the Website and/or Q&A Service is not illegal or prohibited by law; and/or
d) the Student User will not post any questions or contents which are improper, offensive, defamatory, indecent, obscene, violent, explicit, or legally prohibited or irrelevant contents.
40. The Student User hereby warrants and undertakes not to use the Mobile Application and/or the Website and/or Q&A Service in the following ways:
a) engaging in any illegal or immoral activities;
b) infringing the intellectual property rights of any third party; and/or
c) interfering with or disrupting (or attempting to interfere with or disrupt) any servers or networks connected to the Mobile Application or the Website.
Limitation of Liability and Disclaimers
41. The One Education Limited shall not be liable for any loss and damages (including loss of profits or indirect, consequential, incidental, special, exemplary, or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by Student User arising from or in connection with: (a) Student User’s access to, or use of Q&A Service, the Website or the Mobile Application; (b) any decision or action taken by Student User in reliance on any content or information thereof; or (c) any error or defect in the Mobile Application, or (d) any answer or solution obtained from the Tutor or through the use of the Mobile Application.
42. The One Education Limited does not warrant, represent or guarantee the following:
a) the questions posted by Student User will be answered, or that the answers and/or solutions provided by Tutor are true, correct, update, completed, and/or accurate;
b) the accuracy, completeness, reliability, usefulness, update, or suitability of the Student User’s use of Q&A Service. The Student User is responsible for the use of any information or contents obtained from Q&A Service, either through the Mobile Application or the Website and either the information or contents are provided by The One Education Limited, its advertising clients, other Users, or otherwise. The Student User should make his own enquiries to check if the information so obtained is accurate, complete, reliable, updated, and suitable for his intended use;
c) the identity of Users of Q&A Services or the accuracy of information provided in the course of the other Users’ registration or use of Q&A Service. For the avoidance of doubt, The One Education Limited does not conduct inquiries on the personal background or criminal records of any User. Therefore, the Student User is at his own risk and responsibility for all interactions with other User of Q&A Service. The One Education Limited 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 Q&A Services, including but not limited to death, bodily injuries, emotional distress or any damages resulting from the Student User’s interaction with any other Users in the course of using Q&A Services;
d) the Website, the Mobile Application or Q&A Service will be uninterrupted or error-free, defect-free or virus-free;
e) any electronic files and links available through the Website or the Mobile Application will be free of any harmful code or virus; and
f) the Website or the Mobile Application is compatible with the Student User’s mobile device or computer.
43. 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.
Indemnification
44. The Student User shall indemnify, defend, and hold harmless The One Education Limited, 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 Student User’s use of use Q&A Service, (ii) in connection with the Mobile Application and/or the Website and/or Q&A Service, (iii) with regard to any dispute between the Student User and other Users, or (iv) Student User’s violation of these Terms and Conditions, or (v) arising from Student User’s violation of any rights of a third party.
Termination
45. The One Education Limited may terminate this Agreement with the Student User with immediate prior notice if the Student User breaches or fails to comply with any provision of these Terms and Conditions.
46. The Student User may terminate Q&A Service at any time with or without giving any reasons by sending a formal notification through the Website or the Mobile Application. The Student User acknowledges and agrees that all fees paid are non-refundable upon termination unless otherwise specified in these Terms and Conditions.
Privacy Policy
47. The Student User hereby acknowledges and agrees to be bound by the terms of The One Education Limited’s Privacy Policy as stated on the Website, inter alia, not to disclose or make use of any personal data of any other User without the prior written consent of such User.
Copyright Policy
48. The Student User hereby acknowledges and agrees to be bound by the terms of the Copyright Policy as stated on the Website and the Mobile Application.
Miscellaneous
49. These Terms and Conditions embody all the terms and conditions agreed upon between the Parties as to the subject matter of the Terms and Conditions and supersede and cancel in all respects all previous correspondence, understandings, and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.
50. The failure of any party hereto at any time to require performance or observance by any other party of any provision of these Terms and Conditions shall in no way affect the right of such first party to require performance of this provision and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms and Conditions.
51. If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any unenforceable reason, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
52. The Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not apply to these Terms and Conditions and unless specifically herein provided no person other than the parties to these terms and conditions shall have any rights under it nor shall it be enforceable by any person other than the parties to it. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation, and/or settlement under or relating to these Terms and Conditions are not subject to the consent of any third party.
53. In these Terms and Conditions, the masculine gender shall include the feminine and neuter and the singular number shall include the plural and vice versa. In these Terms and Conditions, the headings are inserted for convenience only and shall not affect the construction of these Terms and Conditions.
54. Unless specified otherwise herein, all notices must be in writing and addressed to the other party’s WhatsApp account.
55. These Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of Hong Kong and all the Parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.
Modifications
56. The Student User hereby acknowledges and agrees that The One Education Limited shall 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. The One Education Limited shall post the notice in respect thereof on the Website.
57. The One Education Limited will handle and take responsibility for your disputes. For further assistance, please contact us by WhatsApp
Effective Date
58. These Terms and Conditions are effective from June 2022.
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