Tutor 

Terms and Conditions of Snapask Service [Tutor]

These Terms and Conditions form a legally binding agreement between Snapask and you (namely, Tutor).  You hereby acknowledge and agree that these Terms and Conditions apply to the Tutor’s access to, and use of any services through the Website and the Mobile Application. If you do not agree to be bound by all of these Terms and Conditions, please do not access or use the Snapask Service. 

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:

“Academic Institution”

means any third-party institution or organization operating for educational, training, academic and/or tutoring purposes for children and youth, including but not limited to primary and secondary schools, colleges, and tutoring centers;

“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 Snapask;

“Mobile Application”

means mobile applications “Snapask – Instant tutor support” for iOS devices and “Snapask: Instant Homework Help” for Android devices; 

Parties

means Snapask and the Tutor;

“Probation Period”

means the first two (2) weeks after the Snapask has activated the Tutor’s account on the Mobile Application and/or the Website;

Snapask”

means Snapask (Holdings) Inc. including all its subsidiaries, related and/or associated companies; 

“Snapask Service”

means any academic tutoring platform services provided through the Mobile Application and/or on the Website; 

“Student User”

means any User who has signed up to Snapask Service as a student and has subscribed to designated plans to post questions on the Website and/or Mobile Application; 

“Tutor”

means any User who has signed up to Snapask Service as a tutor and provide answers and/or solutions to questions posted by the Student User on the Website and/or Mobile Application;  

“Tutor’s Fee”

means the fee mentioned in Clause 13;

User 

means Student User, Tutor, Academic Institution and Content Providers; and

Website”

means this website 
www.snapask.co. 

  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.

Snapask Service 

  1. Snapask Service provides an online academic tutoring platform accessible through the Mobile Application and the Website, on which Student Users are permitted to post questions in relation to their academic studies at any time, and Tutor may at his discretion provide answers and/or solutions to any questions posted. 

  2. The Tutor hereby acknowledges and agrees that Snapask only acts as intermediary between Tutor and Student User, and Snapask does not act as the agent of Tutor or Student User. 

  3. The Tutor hereby acknowledges and agrees Snapask has the sole and absolute right and discretion to remove any answers, solutions or contents which do not comply with these Terms and Conditions.

Tutor’s Account

  1. The Tutor must sign up to Snapask Service and register as a Tutor through the Mobile Application or the Website. During the registration, the Tutor is required to provide personal information as well as academic credentials in order for Snapask to verify the Tutor’s identity and academic qualification and achievement claimed. By submitting the said personal information and the academic credentials, the Tutor represents that all such information and academic credentials are correct, accurate, complete and not misleading.

  2. Snapask has the right to request the Tutor to provide additional documents and records in order to facilitate verification of identity, and to refuse the registration if the Tutor fails to or refuses to provide the requested documents within the specified period. 

  3. After the completion of verification, the Tutor will be informed, by way of email, to activate the Tutor’s account. Upon activation of the Tutor’s account, the Tutor is permitted and authorized to have access to the online tutoring platform through the Mobile Application and/or  the Website, and to view the questions posted by Student User. It is at the discretion of the Tutor to provide answers and/or solutions to the questions.

  4. Each Tutor shall only register one User’s account, namely the Tutor’s account. The Tutor is strictly prohibited to sign up any Student User account. 

  1. Snapask may change, suspend or discontinue any aspect or feature of Snapask Service, the Mobile Application, the Website and the settings of the Tutor’s account at any time without giving any prior notice and obtaining the prior content of the Tutor.

  2. Snapask has the right to suspend or terminate the Tutor’s account at any time without prior notice and consent from the Tutor if:

  1. the Tutor has not been provided any answers or solutions to questions posted by the Student User on the Website and/or Mobile Application for a period of consecutive six (6) months; or 

  2. the Tutor breaches or fails to comply with any of these Terms and Conditions.

Tutor’s Fee

  1. In consideration of providing answers or solutions to the questions posted by the Student User, the Tutor will be compensated by payment as specified in the Website and the Mobile Application from time to time (“Tutor’s Fee”). However, the Tutor acknowledges and agrees that the Tutor shall not be entitled to the Tutor’s Fee for if Snapask opines that such answers or solutions do not comply with these Terms and Conditions

  2. The Tutor hereby acknowledges and agrees that if the Tutor fails to, within the Probation Period, provide answers and/or solutions to a minimum of 10 questions posted by the Student User(s) up to the satisfaction of Snapask on the Website and/or Mobile Application,  the Tutor shall not entitled to any Tutor’s Fee.

  3. The Tutor hereby acknowledges and agrees that if the Tutor fails provide answers and/or solutions to at least 25 questions posted by the Student User(s) on the Website and/or Mobile Application in a month, the Tutor Fee’s shall subject to the deduction of an administrative fee of US$ 5.

  4. The Tutor hereby acknowledges and agrees that Snapask has the absolute right and discretion to forfeit the Tutor’s Fee if the Tutor fails to collect the same within 6 months after he receives a reminder, notification or notice from Snapask in the Website and/or Mobile Application and that the Tutor shall not be entitled to claim the said Tutor’s Fee.

Tutor’s behavior

  1. Answers or solutions provided by the Tutor must be corresponding to and addressing to the questions posted, and must be, in the best knowledge and endeavor of the Tutor, true ,correct and complete. The Tutor shall also provide answers or solutions with clear instructions and explanations in order to help Student User to understand the concepts.  

  1. The Tutor shall not post or make available any content to the Website and/or the Mobile Application which:-

  1. encourages any illegal or immoral activities;

  2. is pornographic, obscene, violent, contains nudity or may otherwise offend human dignity;

  3. contains any profane language, hate speech, content which is offensive or is likely to harass, embarrass, bully or upset any other person or group;

  4. is insulting, abusive or threatening;

  5. infringes or violates another person’s rights (including intellectual property rights and privacy rights); or

  6. involves any transmission of spam or junk message.

  1.      The Tutor shall not use the Website and/or Mobile Application to:-

  1. conduct any fraudulent behavior;

  2. engage in any illegal or immoral activities;

  3. prejudice the enjoyment of Snapask Service of any other User;

  4. perform any unwelcoming, inappropriate or offensive interactions with any other User;

  5. harm the reputation of Snapask and/or Snapask Service; or

  6. interfere the provision of Snapask Service.

  1. Without prejudice to any rights of Snapask under these Terms and Conditions or otherwise, Snapask shall have right to report and provide assistance to any law enforcement agent or judicial authorities of Thailand and/or other jurisdictions for any suspected illegal activities observed in the Tutor’s actions or behaviors or interactions with any other User when using Snapask Service, the Website and/or Mobile Application. 

Intellectual Property Rights of Answers and Solutions

  1. The answers or solutions provided by the Tutor must be wholly and solely created, designed, deviated and/or provided by the Tutor’s own endeavor and effect. 

  2. In case the contents of answers or solutions give rise to any of claims of infringement or unauthorized or illegal use of any other rights in relation to the said contents, or the use of such contents constitute violation of any laws and regulations, Snapask shall seek full indemnity against the Tutor for all claims, loss and damage and expenses (including legal costs) arising out of and in relation to the same. 

  3. Snapask has the sole right and discretion to remove or delete any answers or solutions if it is of the Snapask’s opinion that the answers or solutions may directly or indirectly give rise to or constitute infringement of intellectual property rights of any third party or be in violation of the copyright policy of Snapask.

  4. The Tutor hereby acknowledges and agrees that Snapask is the sole and exclusive owner of all intellectual property rights in respect of the contents of answers or solutions input and provided by the Tutor under the Snapask Services.

  5. Snapask may provide or share the contents of answers and solutions to any third-party Academic Institutions for academic and/or education research, surveying, investigation and/or any other related purposes for gain. The Tutor is not entitled to claim or exercise any copyright or any other intellectual property rights in respect of the contents of answers or solutions against Snapask or the Academic Institutions for the aforesaid provision or sharing. 

No Disclosure of Personal Data and Contact Information of the User

  1. The Tutor agrees that the answers and solutions must not contain any of personal data and/or contact information (including but not limited to phone number, email, social media account or address) and any information which enable the Student User or any other User having access to Snapask Service to contact or reach the Tutor outside the Website and/or Mobile Application. The Tutor is also prohibited from requesting or making enquires on any personal data, contact or information from Student User or any other User.

  2. Snapask strictly prohibits provision or exchange of personal contact information between Users. Snapask does not encourage communication, correspondence or interaction of any kind outside the Website and/or Mobile Application. Snapask shall not be responsible for any of interactions amongst Users outside the Website and/or Mobile Application.

Ownership

  1. The Website, the Mobile Application and Snapask Service are exclusively owned and operated by Snapask. 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 Snapask.

Users’ Identities and Interaction

  1. Snapask does not provide any warranty on the identity of User of Snapask Service or the accuracy of information provided in the course of his registration or using Snapask Service. For avoidance of doubt, Snapask does not conduct inquires on the personal background or criminal record of User.

  2. The Tutor is at his own risk and responsibility for all interactions with other User of Snapask Service (which is not allowed by Snapask). Snapask 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 User in the course of using Snapask Service, including but not limited to death, bodily injuries, emotional distress or any damages resulting from the Tutor’s interaction with any other User in the course of using Snapask Service. 

Representations, Warranties and Undertakings 

  1. The Tutor hereby warrants and represents that:- 

  1. the Tutor will not use the Mobile Application and/or the Website and/or Snapask Service for unlawful purposes; 

  2. the Tutor’s access to, or use of the Mobile Application and/or the Website and/or Snapask Service is not illegal or prohibited by law;

  3. the Tutor is at least 18 years old and can form legally binding contracts under applicable law;

  4. the Tutor has not been refrained from entering into these Terms and Conditions;

  5. the Tutor will not post any answers and solutions and/or contents which are improper, offensive, defamatory, indecent, obscene, violent, explicit or legally prohibited or irrelevant contents 

  1. The Tutor hereby undertakes not to use the Website or the Mobile Application in the following ways:-

  1. engaging in any illegal or immoral activities;

  2. infringing the intellectual property rights of any third party; and/or

  3. 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

  1. Snapask 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 the Tutor arising from or in connection with: (a) the Tutor’s access to, or use of Snapask Service, the Website or the Mobile Application; (b) any decision or action taken by the Tutor in reliance on any content or information thereof; or (c) any error or defect in the Website or the Mobile Application.

  1. Snapask does not represent, warrant or guarantee the following:-

  1. the accuracy, completeness, reliability, usefulness, update or suitability of the Tutor’s use of Snapask Service. The Tutor is responsible for the use of any information or contents obtained from Snapask Service, either through the Mobile Application or the Website and either the information or content are provided by Snapask, its advertising client, other User or otherwise. The Tutor should make his own enquiries to check if the information so obtained is accurate, complete, reliable, updated and suitable for his intended use;

  2. the identity of Users of Snapask Service or the accuracy of information provided in the course of the other Users’ registration or use of Snapask Service. For avoidance of doubt, Snapask does not conduct inquires on the personal background or criminal records of Users. Therefore, the Tutor is at his or her own risk and responsibility for all interactions with other Users of Snapask Service. Snapask 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 Snapask Service, including but not limited to death, bodily injuries, emotional distress or any damages resulting from the Tutor’s interaction with any other Users in the course of using Snapask Service;

  3. the Website, the Mobile Application or Snapask Service will be uninterrupted or error-free, defect-free or virus-free;

  4. any electronic files available through the Website or the Mobile Application will be free of any harmful code or virus; and

  5. the Website or the Mobile Application is compatible with the Tutor’s mobile device or computer.

  1. All information appeared 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 Snapask. 

Indemnification

  1. The Tutor shall indemnify, defend, and hold harmless Snapask, 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 Tutor’s use of Snapask Service, (ii) in connection with the Mobile Application and/or the Website and/or Snapask Service, (iii) with regard to any dispute between the Tutor and other Users, or (iv) the Tutor’s violation of these Terms and Conditions, or (v) arising from the Tutor’s violation of any rights of a third party. 

Termination

  1. Snapask may terminate this Agreement with the Tutor with immediate prior notice if:- :

(a) the Tutor breaches or fails to comply with any provision of these Terms and Conditions; or 

(b) the Tutor has not been providing any answers or solutions to questions posted by the Student User on the Website and/or Mobile Application for a period of consecutive six months. 

Privacy Policy

  1. The Tutor hereby acknowledges and agrees to be bound by the terms of the Snapask’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 User without prior written consent of such User.

Copyright Policy

  1. The Tutor hereby acknowledges and agrees to be bound by the terms of the Copyright Policy as stated on the Website and the Mobile Application. 

Third Party Links

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

Miscellaneous 

  1. These Terms and Conditions embodies 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.

  2. 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.

  3. 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.  

  4. 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.

  5. 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, thee headings are inserted for convenience only and shall not affect the construction of these Terms and Conditions.

  6.  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. 

  7. These Terms and Conditions is 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 

  1. The Tutor hereby acknowledges and agrees that Snapask 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. Snapask shall send Tutor 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. 

Effective Date

  1. These Terms and Conditions is effective from the date that tutor registers or downloads Snapask application.