Terms & Conditions

Terms and Conditions [Parent]

 

Chiwawa Educational Services Limited provides a platform for Parents to enroll their children in online classes, such as science, music, art, drama, coding and sports classes through the Website.

 

If you are under the age of 16, please ensure that your Parent to read these Terms and Conditions before you access the Website.

 

These Terms and Conditions form a legally binding agreement between Chiwawa and the Parent. If the Parent does not agree to be bound by all of these Terms and Conditions, he shall refrain from using the Website.

Definition and Interpretation

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

a) “Parties” means Chiwawa and the Parent;

b) “Chiwawa” means Chiwawa Educational Services Limited;

c) “Class” means the online class(es) offered by the Tutor on the Website and/or the Specified Communication Platform;

d) “Class Fee” means the price of the Class;

e) “Specified Payment Gateway” means the third party payment gateway specified in the Website;

f) “Specified Communication Platform” means the third party online communication platform specified by Chiwawa for conducting the Classes, including but not limited to “Zoom” and “Google Meet” etc;

g) “Student” means the child of the Parent who attends the Classes;

h) “Parent” means any parent or guardian who enrolls in Classes for and on behalf of his/her children as a Student;

i) “Tutor” means anyone who offers Classes on the Website and/or Specified Communication Platform; and

j) “Website” means the website www.chiwawa.fun or any other website as directed by Chiwawa from time to time.
 

  1. 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.
     

  2. Headings are to be ignored in the construction or interpretation of any provision of these Terms and Conditions.

About this Website

4. This Website is owned and managed by Chiwawa. It provides an online platform for Parents to browse and book Classes for their children and for Tutors to market and sell their Classes.
 

5. The Parent hereby acknowledges and agrees that Chiwawa merely only provides the Parents with a platform to search and enroll for Classes and a platform for Tutors to market and sell their Classes. Once the Tutor has accepted a Booking, a legally binding agreement is formed between the Tutor and the Parent. The Parent shall comply with all the specific terms and conditions specified by the Tutor in each Class Listing. For the avoidance of doubt, Chiwawa does not act as the agent of the Tutor or the Parent. Chiwawa is not and does not become a contracting party in respect of the Classes and shall have no obligations to conduct the Classes.
 

6. Chiwawa may change, suspend, or discontinue any aspect or feature of the Website and the settings of the Parent’s account at any time without giving any prior notice and obtaining the prior consent of the Parent.

Membership

7. The Parent is required to provide his/her personal information and his/her child’s personal information to Chiwawa for registration. For details, please see our Privacy Policy Statement.
 

8. The Parent's account is personal and cannot be shared with, transferred, or assigned to any third parties. The Parent shall be responsible to keep his/her account log-in details confidential.

9. Chiwawa has absolute rights to at any time suspend or terminate the Parent’s account without any prior warning notice and consent from the Parent if the Parent is in breach of or fails to comply with these Terms and Conditions.

Payment, Cancellation, and Refund

10. The Parent shall make full payment of the Class Fee specified by the Tutor before the Student attends any Classes.

11. By making any payment through the Website, the Parent is deemed to have accepted the separate sets of terms and conditions of the relevant Specified Payment Gateway. The Parent 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).

12. The Specified Payment Gateway may charge administrative fees and/or other processing fees from the Parent. Chiwawa shall not be responsible for the said fees and the Parent shall solely be responsible for the said fees.

13. Chiwawa shall not be liable for any loss, damages, costs, and expenses suffered by the Parent arising out of or in connection with (i) any act, default, omission, or negligence of the Specified Payment Gateway or (ii) the closedown or suspension of the Specified Payment Gateway.

14. The Parent shall cancel the booking as soon as he/she knows the Student cannot attend the Class.

15. The Parent is entitled to a full refund if:-

(a) the Parent cancels the booking of a Class forty eight (48) hours or more prior to the scheduled start time of the Class; or

(b) the Tutor cancels the Class for whatsoever reasons.

16. If the Parent cancels the booking of a Class less than forty eight (48) hours prior to the scheduled start time of the Class, he/she has the option to to book another Class of the same Class Fee or lower Class Fee without paying extra Class Fee.

17. Save and except the situations set out in Clause 15 hereinabove, no Class Fee made by the Parents will be refundable.

18. If the Parent fails to cancel the booking forty eight (48) hours prior to the start time of the Class, he/she shall in any event cancel the booking as soon as he/she knows the Student cannot attend the Class.

 

Class Rules

19. The Parent shall prepare all necessary materials, tools and equipment required for attending the Classes, including but not limited to the electronic devices with microphone and camera, stable internet connection, access to the Specified Communication Platform, and any other tools required by the Tutor for specific Classes.

20. The Parent shall cause and procure the Student not to do the following acts during the Classes:-

(a) misbehave in the Class, such as shouting and screaming or otherwise prejudice the enjoyment of the Class of any other Student; and/or

(b) insult, abuse or bully the other Students or the Tutor.

21. The Parent shall cause and procure the Student to comply with all the special rules and safety precautions specified by the Tutor.

22. The Parent shall attend the Classes or cause and procure an adult to attend the Classes if necessary with the Student.

23. The Parent shall be responsible for the safety of the Student during the Classes.

24. If the Student has any physical or mental conditions, the Parent shall inform the Tutor before the Classes begin in order for the Tutor to make appropriate adjustment to the Classes.

 

Class Recordings

25. The Parent acknowledges and agrees that all the Classes will be recorded by Chiwawa and such recordings will be kept by Chiwawa for two (2) years for internal record purpose.

 

Ratings, Reviews, and Comments

26. The Parent may, at his/her own will, leave public comments or give ratings to the Tutors.

27. The Parent hereby expressly agrees and undertakes not to leave any comments which are political, defamatory, malicious and/or contain profane language, hate speech, content which is offensive, or is likely to harass, embarrass, bully or upset any other person or group.

28. The Parent agrees that Chiwawa has the right to delete any contents which it deems inappropriate.

29. The Parent acknowledges that the views or recommendations of the other Parents are their own views or recommendations, and are not the views of Chiwawa.

Non-Circumvention

30. Chiwawa strictly prohibits any provision or exchange of contact information between the Parent and the Tutor. The Parent shall not (and shall procure the Student not to) provide any contact information to the Tutor.

31. Parent undertakes not to circumvent Chiwawa and/or the Website to book any Classes or similar services from the Tutor.

 

Ownership

32. The Website is exclusively owned and operated by Chiwawa. No reproduction, republication, upload, copy, transmit, distribution, display, or otherwise use of any materials or contents on the Website is allowed or permitted without prior written consent from Chiwawa.

33. Chiwawa is the exclusive owner of intellectual property rights of all contents and materials of the Website.

Limitation of Liability and Disclaimers

34. Despite Chiwawa’s efforts to review the Tutor’s resume and conduct interviews with the Tutors, Chiwawa does not warrant, represent, or guarantee the qualification of the Tutor and the quality of the Classes.

35. Chiwawa shall not be held liable for any claims, losses, damages, demand of liability from the Parent and/or Student in relation to the Classes, including, but not limited to injuries on the Student during the Classes.

36. Chiwawa does not warrant, represent or guarantee the following:-

(a) the Website and/or the Specified Communication Platform will be uninterrupted or error-free, defect-free or virus-free;

(b) the information on the Website, including but not limited to the qualifications of the Tutor are true, correct, update, completed, and/or accurate;

(c) the accuracy, completeness, reliability, usefulness, update, or suitability of the Parent’s use of the Website;

(d) any electronic files available through the Website or the Specified Communication Platform will be free of any harmful code or virus; and

(e) the Website or the Specified Communication Platform is compatible with the Parent’s mobile device or computer.

37. Chiwawa shall not be liable for any loss, damages, costs, and expenses suffered by the Parent or Student arising out of or in connection with (i) the Parent’s failure to comply with any provision of these Terms and Conditions; (ii) any act, default, omission or negligence of the Tutor; and/or (iii) any defects, closedown or suspension of the Specified Online Platform.

38. All the Classes are not intended to constitute professional, medical, financial, or any other advice.

Termination

39. Chiwawa may terminate this Agreement with the Parent with immediate prior notice if the Parent breaches or fails to comply with any provision of these Terms and Conditions.

 

Third-Party Links

40. The Parent hereby acknowledges that the Website may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Website. Links to and from the Website to other websites maintained by third parties, do not constitute an endorsement by the Chiwawa or any affiliate of any third-party site or content. Chiwawa is not responsible for the availability of these third-party resources, or their contents. Chiwawa has not reviewed any or all of the websites linked to the Website and is not responsible for the content of any third-party pages. The Parent’s linking to other third-party sites is at his/her own risk. By clicking on any such link, the Parent acknowledges that Chiwawa has no control over, and makes no representations of any kind with respect to, such other websites or any content contained within such other websites. The Parent should direct any concerns regarding any external link to its relevant site administrator or webmaster.

 

Personal Data

41. All personal data collected by Chiwawa will be stored, processed and used in accordance with the Privacy Policy Statement. Before submitting, uploading or posting any personal information and/or personal data to Chiwawa, the User should have read and understood the Privacy Policy Statement. If the Parent does not agree with any terms of the Privacy Policy Statement, he/she shall not provide any personal data to Chiwawa.

Miscellaneous

42. 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 supersedes and cancels 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.

43. 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 does not constitute the waiver of its right to enforce such right at a later time.

44. If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, 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. 

45. 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.

46. These Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of Hong Kong . Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to and finally resolved by arbitration in Hong Kong by the Hong Kong International Arbitration Centre in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the notice of arbitration is submitted. The law of this arbitration clause shall be construed and enforced in accordance with the Hong Kong law. The seat of arbitration shall be in Hong Kong. The number of arbitrator shall be one (1).  The arbitral proceedings shall be conducted in English, and the arbitral award shall be final and binding on the parties to such proceedings.

Modifications

47. The Parent hereby acknowledges and agrees that Chiwawa 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. Chiwawa shall send the Student notification in respect thereof by way of emails and pop-up messages of the Specified Communication Platform and post the notice in respect thereof on the Website.

COOPERATION TERMS AND CONDITIONS [TUTOR]

 

Chiwawa Educational Services Limited provides a platform for Tutors to sell and market online classes and a platform for Parents to enroll their children in the classes through the Website.

 

These Terms and Conditions form a legally binding agreement between Chiwawa and the Tutor, the Tutor hereby agrees to be bound by the following terms and conditions: -

 

Definition and Interpretation

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

a) “Chiwawa” means Chiwawa Educational Services Limited;

b) “Chiwawa’s Service Fee” means the service fees charged by Chiwawa for providing a platform for the Tutor to sell and market his/her Classes, Chiwawa’s Service Fee is equivalent to 30% of the Class Fee of each Class;

c) “Class” means the online class(es) such as science, music, drama, coding class(es) and so forth offered by the Tutor on the Website and/or the Specified Communication Platform;

d) “Class Fee” means the total Class Fees paid by all the Parents through the Specified Payment Gateway for each Class;

e) “Class Listings” means the listings, descriptions, advertisements and/or posts created by the Tutor on the Website in respect of the Classes;

f) “Net Fee” means the Class Fee minus the Chiwawa’s Service Fee;

g) “Parties” means Chiwawa and the Tutor;

h) “Specified Communication Platform” means the specified online communication platform and account specified by Chiwawa for conducting the Classes, including but not limited to “Zoom” and “Google Meet” etc;

i) “Student” means the child of the Parent who attends the Classes;

j) “Parent” means any parent or guardian who enrolls in Classes for and on behalf of his/her children as a Student;

k) “Tutor” means anyone who offers Classes on the Website and/or Specified Communication Platform;

l) “Tutor’s Materials” means any contents, information or materials made available, posted or displayed by the Tutor in the Classes (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, etc.); and

m) “Website” means the website www.chiwawa.fun or any other website as directed by     Chiwawa 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 to be ignored in the construction or interpretation of any provision of these Terms and Conditions.

 

Cooperation and the Term

4. Chiwawa provides the Website for the Tutor to sell and market online classes on the Website. In consideration, the Tutor agrees to pay Chiwawa the Chiwawa’s Service Fee.

5. The Tutor acknowledges and agrees that Chiwawa may change, suspend, or discontinue any aspect or feature of the Website at any time without giving any prior notice and obtaining the prior consent of the Tutor.

6. These Terms and Conditions shall become effective on the Tutor’s date of registration, effective for one (1) year, and will be expired on the date of one (1) year anniversary (“Term”).

7. These Terms and Conditions shall be automatically renewed without further notice of either party for one (1) year on the date of expiry, subject to the early termination.

 

Class Listings

8. The Tutor shall submit the following Class Listing information to Chiwawa:-

(a)the class fee;

(b)all the materials, tools and equipment required (if any) for attending the Class;

(c)the eligibility criteria for Booking (if any);

(d)the safety precautions of each Class (if any);

(e)the specific class rules (if any) in each Class Listing;

(f)the expected/anticipated learning outcomes of the Class;

(g)details of topics and contents to be covered in the Class;

(h)size capacity and/or the minimum Class size;

(i)the duration of the Class;

(j)date and time of the Class; and

(j)       the language competency level of the class.

 

9. If the Tutor requires the Student to prepare any materials, tools and equipment for the Class, the Tutor shall inform Chiwawa in writing not less than 48 hours before the scheduled start time of the Class.

10. The Tutor agrees that Chiwawa shall have rights to edit, alter, change, refuse to post, or remove any Class Listings. However, Chiwawa does not assume any responsibility for the accuracy, reliability and/or completeness of the Class Listings.

 

Bookings

 

11. The Parent may book Classes directly on the Class Listings. Once the Tutor has accepted a Booking, a legally binding agreement is formed between the Tutor and the Parent. All the terms and conditions between the Parent and the Tutor shall be specified in the Class Listings. The Tutor shall conduct the Classes as specified in the relevant Class Listing through the Specified Communication Platform. Chiwawa is not and does not become a contracting party in respect of the Classes and shall have no obligations to conduct the Classes.

 

12. Once the Tutor has accepted a Booking, the Tutor shall not:-

(a)change the date, time, contents and duration of the Class;

(b)charge any additional fees from the Parents; and/or

(c)cancel the Class unless the number of enrolled Students is less than the minimum class size specified in the Class Listing 24 hours prior to the scheduled Class time.

 

13. If the Tutor is unable to conduct the Class on the date and time specified in the Class Listing due to emergency circumstances, the Tutor shall notify Chiwawa in writing as soon as it is practicable and agrees that Chiwawa is entitled to proceed with the full refund to the Parent or debit the Class Fee in the Tutor’s next class.

Class Recordings

14. The Tutor acknowledges and agrees that all the Classes will be recorded by Chiwawa and such recordings will be kept by Chiwawa for two (2) years for internal record purpose.

 

Payment Arrangement

15. Unless otherwise agreed by the Tutor and Chiwawa, Chiwawa will use the Specified Payment Gateway to process payments for and on behalf of the Tutor in respect of the Classes, the Tutor is deemed to have accepted the terms and conditions and the mechanisms of the relevant Specified Payment Gateway.

16. The Tutor agrees that the Class Fee paid by the Parent will first be held by the Specified Payment Gateway, then the Specified Payment Gateway will (i) transfer the Chiwawa’s Service Fee to Chiwawa and then (ii) transfer the Net Fee to the Tutor within fourteen (14) days after the Class was held. For the avoidance of doubt, if the Class is cancelled for whatsoever reasons, no Net Fee will be paid to the Tutor.

 

17. The Tutor agrees that Chiwawa may at its own discretion offer discounts to the Student provided that the difference between the Class Fee and the discounted Class Fee shall be borne by Chiwawa.

18. The Tutor agrees that the Specified Payment Gateway may charge administrative fees and/or other processing fees from the Tutor. Chiwawa shall not be responsible for the said fees and that the Tutor shall solely be responsible for the said fees.

19. Chiwawa shall not be liable for any losses, damages, costs and expenses suffered by the Tutor arising out of or in connection with (i) any act, default, omission or negligence of the Specified Payment Gateway or (ii) the closedown or suspension of the Specified Payment Gateway account.

 

Tutor’s Representations, Warranties and Undertakings

20. The Tutor hereby represents, warrants and undertakes that:-

(a)he/she has the full power and authority to enter into and perform these Terms and Conditions;

(b)he/she has not entered into any agreement or arrangement which will restraint or prohibit himself from entering into these Terms and Conditions;

(c)he/she has obtained and shall maintain all necessary certifications, qualifications, licences and/or permits from all relevant authorities in his/her jurisdiction to offer and provide Classes (if any);

(d)all the information provided to Chiwawa (whether oral or written), including but not limited to the information in his/her curriculum vitae, police clearance records are true, accurate, updated and complete without misleading omissions;

(e)the Classes are safe and suitable for kids and children to attend;

(f)all the information contained in the Class Listings, including but not limited to the class descriptions shall be true, accurate, updated and complete without misleading omissions; and

(g)all the Tutor’s Materials shall be true, accurate, complete, updated and do not infringe any intellectual property rights of any third parties.

 

The Tutor’s behavior

21. The Tutor shall not post or make available any content to the Website which:-

a) encourages any illegal or immoral activities;

b) is pornographic, obscene, violent, contains nudity or may otherwise offend human dignity;

c) contains any profane 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.

 

22. The Tutor shall not use the Website to:-

a) conduct any fraudulent behaviour;

b) engage in any illegal or immoral activities;

c) perform any unwelcoming, inappropriate or offensive interactions with any Parent and/or Student; or

d) harm the reputation of Chiwawa.

 

POLICE CLEARANCE RECORDS

23. The Tutor agrees to provide Chiwawa with his/her police clearance records or any other documents of similar nature upon the request of Chiwawa from time to time.

 

Non-Circumvention and Non-Competition

24. Chiwawa strictly prohibits any communication between the Tutor and the Parent (and/or Student) outside the Class. No provision or exchange of contact information (i.e. telephone number, email address, address, Instagram, Facebook, Whatsapp, WeChat and, etc.) between the Parent (and/or Student) and the Tutor is allowed. The Tutor shall not provide his/her contact information to the Parent and/or Students and/or obtain the contact information of the Parent and/or Student without Chiwawa's prior written consent.

25. The Tutor shall not directly, indirectly or on behalf of any third parties call upon, accept business from, or solicit any Parent and/or Student during the term of these Terms and Conditions and for one (1) year after the expiry or termination of these Terms and Conditions (for whatsoever reasons) without Chiwawa's prior written consent.

 

26. The Tutor undertakes not to circumvent Chiwawa and/or the Website to offer and/or provide any Classes or similar services to the Parent and/or Student during the term of these Terms and Conditions and for one (1) year after the expiry or termination of these Terms and Conditions (for whatsoever reasons) without Chiwawa's prior written consent.

27. The Tutor undertakes not to either solely or jointly with or on behalf of any other person directly or indirectly market, sell or offer any Classes or similar services in any other platforms similar to the Website or any other platforms in competition with Chiwawa during the term of these Terms and Conditions and for one (1) year after the expiry or termination of these Terms and Conditions (for whatsoever reasons) without Chiwawa's prior written consent.

 

 

Ownership of the Website

28. The Tutor acknowledges and agrees that the Website is exclusively owned and operated by Chiwawa. No reproduction, republication, upload, copy, transmit, distribution, display, or otherwise use of any materials or contents on the Website is allowed or permitted without prior written consent from Chiwawa.

 

Ownership of the Tutor’s Materials

29. The Parties acknowledge and agree that the copyright of the Tutor’s Materials shall be exclusively owned by the Tutor. The Tutor hereby grants Chiwawa the right to use the Tutor’s Material solely for the purpose of marketing Chiwawa’s business.

 

Limitation of Liability and Disclaimers of Chiwawa

30. Chiwawa merely provides the Parents with a platform for Tutors to sell and market their Classes and for Parents to search and enroll for Classes. Chiwawa does not act as the agent of the Tutor or the Parent. All Classes are offered by the Tutor, not by Chiwawa. Chiwawa is not a party to the contract between the Parent and the Tutor in respect of the Classes.

31. Despite its best efforts, Chiwawa does not guarantee the marketing effect of the Website and the number of Students in each Class.

32. Chiwawa does not warrant, represent or guarantee the following:-

a) the Website and/or the Specified Communication Platform will be uninterrupted or error-free, defect-free or virus-free;

b) the accuracy, completeness, reliability, usefulness, update, or suitability of the Tutor’s use of the Website;

c) any electronic files available through the Website or the Specified Communication Platform will be free of any harmful code or virus; and

d) the Website or the Specified Communication Platform is compatible with the Tutor’s mobile device or computer.

 

33. Chiwawa shall not be liable for any loss, damages, costs, and expenses suffered by the Tutor arising out of or in connection with (i) any act, default, omission or negligence of the Student and/or the Tutor; (ii) any defects, closedown or suspension of the Specified Online Platform; and/or (iii) any claims, losses, damages, demand of liability from the Parent and/or Tutor arising out of or in relation to the Class.

 

Termination

34. Chiwawa may terminate these Terms and Conditions with the Tutor with immediate prior notice if the Tutor breaches or fails to comply with any provision of these Terms and Conditions.

 

Third-Party Links

35. The Tutor hereby acknowledges that the Website may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Website. Links to and from the Website to other websites maintained by third parties, do not constitute an endorsement by the Chiwawa or any affiliate of any third-party site or content. Chiwawa is not responsible for the availability of these third-party resources, or their contents. Chiwawa has not reviewed any or all of the websites linked to the Website and is not responsible for the content of any third-party pages. The Tutor’s linking to other third-party sites is at his/her own risk. By clicking on any such link, the Tutor acknowledges that Chiwawa has no control over, and makes no representations of any kind with respect to, such other websites or any content contained within such other websites. The Tutor should direct any concerns regarding any external link to its relevant or site administrator or webmaster.

 

Personal Data

36. All personal data collected by Chiwawa will be stored, processed and used in accordance with the Privacy Policy Statement. Before submitting, uploading or posting any personal information and/or personal data to Chiwawa, the Tutor should have read and understood the Privacy Policy Statement. If the Tutor does not agree with any terms of the Privacy Policy Statement, he/she shall not provide any personal data to Chiwawa.

37. The Tutor shall not use or disclose to any third party any personal information of the Parent and/or Student obtained from the Classes without the prior written consent of the Parent and/or Student.

38. The Tutor agrees and undertakes to comply with all the privacy laws and regulations of Hong Kong, the EU, the USA and his/her jurisdiction.

 

 

Trade Descriptions

39. The Tutor hereby agrees and undertakes that all the trade descriptions in the Class Listings shall be true, accurate, completed, update and fully match with the corresponding Classes. The Tutor shall fully comply with all trade description laws and regulations of Hong Kong, the EU, the USA and his/her jurisdiction.

 

Modifications

40. No amendment or variation of or supplement to these Terms and Conditions shall be valid unless it is in writing and signed by or on behalf of all the Parties.

 

Miscellaneous

41. 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 supersedes and cancels 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.

42. 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 does not constitute the waiver of its right to enforce such right at a later time.

43. If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, 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. 

44. 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.

45. Unless specified otherwise herein, all notices must be in writing and addressed to the other party’s email address. The notice will be deemed given when verified by automated receipt or electronics lots.

46. These Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of Hong Kong. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to and finally resolved by arbitration in Hong Kong by the Hong Kong International Arbitration Centre in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the notice of arbitration is submitted. The law of this arbitration clause shall be construed and enforced in accordance with the Hong Kong law. The seat of arbitration shall be in Hong Kong. The number of arbitrator shall be one (1).  The arbitral proceedings shall be conducted in English, and the arbitral award shall be final and binding on the parties to such proceedings.