Last Updated on: September 21, 2016
Chizzle provides this Platform to enable connections and transactions between individuals (or, in the case of minors, parents or guardians acting on behalf of them), seeking to learn ("Students") and individuals and/or institutes seeking to teach ("Teachers"), and to any other entity on whose behalf Users accept these terms. The term "you" or "You", "User" or "Users" shall refer to Students, Teachers or any person or entity who views, uses, accesses, browses or submits any content or material to the platform. These Terms are entered into by and between you and Chizzle, and you accept them by: (a) downloading our mobile application and/or registering as a User on our mobile application, website or any other channel; (b) searching for Teachers on the Platform and/or scheduling lessons through the Platform; (b) using the platform and associated functionalities in any other manner; and/or (c) acknowledging agreement with these Terms.
These Terms set forth the legally binding terms and conditions that govern your use of the Platform. By accessing or using the Platform, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). you may not access or use the Platform or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Platform.
These terms require the use of arbitration (Section 10.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1.1 Platform is a Venue. Chizzle offers a marketplace for those seeking to learn to connect with those seeking to teach. As independent contractors hired by Students, Teachers control the methods, materials and all aspects of the lessons. Students are responsible for selecting the right Teacher for their needs. In choosing a Teacher, Students should review and investigate each Teacher's self-reported credentials, education, and experience, as well as reviews from other students. ALL TUTORING SESSIONS TO MINORS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
Users do hereby represent, understand and expressly agree that Chizzle does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Teachers, nor of the integrity, responsibility or any of the actions whatsoever of the Students. Chizzle makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Teachers or Students through the Platform, whether in public, private or offline interactions. Chizzle does not assume any responsibility for the accuracy or reliability of any information provided by Teachers or Students on this Site. Chizzle does not assume and expressly disclaims any liability that may result from the use of this information. Chizzle is not responsible for the conduct, whether online or offline, of any User. All Users, including both Teachers and Students do hereby expressly agree not to hold Chizzle (or Chizzle's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, hereinafter "Affiliates") liable for any instruction, advice or services delivered which originated through the Platform and Chizzle and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
Chizzle controls and operates the Platform from various locations and makes no representation that the Platform is appropriate or available for use in all locations. Chizzle services may not be available in your location, and available services may vary among locations. In addition, Chizzle will attempt to deliver all correspondence sent via the Platform's messaging system. Chizzle does not, however, guarantee delivery of all messages.
1.2 Account Creation. In order to use the Platform, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information, including, in the case of Teachers, their availability and class schedules.
(a) Verified Mobile Phone Number. In order to create an Account, all Users must provide a valid mobile phone number, which is owned by or registered to such User, and verify such number as instructed by us. To verify your mobile phone number, the Platform will send you a code via text message to the mobile phone number you provide, and you must enter that code as instructed via the Application. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. When you provide your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages from us regarding your Account and Services.
1.3 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Chizzle of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Chizzle cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
1.4 User Fees.
(a) For Students, use of our Platform, including the creation of an Account and a User profile, as well as searching the Platform and browsing Teacher profiles, is completely free. In addition, at present, Chizzle does not take part in the processing, transmission, or any other aspect, of payments between Users. Rather, Students pay Teachers directly for any services (including lesson fees and/or cancellation fees, if any) booked through the Platform. Chizzle assumes no responsibility for ensuring payments agreed between Users will be timely made or made at all.
(b) For Teachers, the creation of an Account and User profile on Chizzle is also free. However, certain of our services for Teachers, including the Premium Plan and Sponsored Listing Plan (defined below), may be subject to payments (the "Paid Services"). At present, our Platform offers Teachers two subscription levels: (a) the "Free Basic Plan", for which there is no charge, and (b) the "Premium Plan", for which Teachers will be charged AUD 25 per month or SGD 25 per month, as applicable. The Free Basic Plan allows Teachers to make up to three new Student connections per 30-day period. (Student connections are cumulative; Teachers are not asked to later pay to maintain any previously made Student connection or to use any of Platform features with respect to such Student connection). If, within a given 30-day period, a Teacher wishes to make more than the three new Student connections allotted under the Free Basic Plan, such Teacher must upgrade to the Premium Plan. Under the Premium Plan, Teachers may make an unlimited number of additional Student connections each month.
Additionally, under either the Free Basic Plan or the Premium Plan, Teachers may also subscribe to the "Sponsored Listing Plan", which ensures a "top" display in the result pages of relevant Student generated searches on the Platform. Such "top" displays will have a maximum of 100 impressions in search results for each 30-day period. Teachers will be charged AUD 99 per month or SGD 99 per month, as applicable, for subscription to the Sponsored Listing Plan. Please refer to the table below for a description of our Plan fees for Teachers.
|Forever Free Plan||AUD 0||SGD 0|
|Premium Plan||AUD 25||SGD 25|
|Sponsored Listing Plan||AUD 99||SGD 99|
* Sponsored Listing Plan fees are assessed separately from Premium Plan fees. Accordingly, a Teacher may choose to enroll in both a Premium Plan AND a Sponsored Listing Plan, in which case his/her aggregate monthly fees would be AUD 124 or SGD 124, as applicable. A Teacher may also choose to enroll in both a Basic Plan AND a Sponsored Listing Plan, in which case his/her aggregate monthly fees would be AUD 99 or SGD 99, as applicable.
* For iTunes users, as payment amounts via iTunes are fixed in specific increments, Plan fees charged will be adjusted down to the closest allowable charge amount (thus not to exceed the applicable Plan fee) in accordance with the iTunes price chart for the applicable country.
1.5 Payment Card Information. In order to register an Account with us, Teachers must provide account information for at least one valid debit or credit card by creating a Billing Account with our Payment Processor (see "Billing" in Subsection 1.6 below). A Billing Account is required in order to streamline future Account upgrades Teachers may later wish to make, as well as to facilitate Teachers' access to additional functionalities that may become available in the future.
1.7 Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
1.8 Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Paid Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. YOU MAY TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD BY MODIFYING YOUR PAYMENT PREFERENCES UNDER "My Subscription Menu " IN THE MOBILE APPLICATION.
1.9 Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY CONTACTING US AT . IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
1.10 Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of statutory taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method.
1.11 Auto-Renewal for Subscription Services. Unless you opt out of the Subscription Services, which can be done by indicating your "unselect" election in the "My Subscription Menu" section of our mobile application, any subscription Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. You may change or resign your subscription Paid Services by changing your subscription status via the mobile application. If you terminate a subscription service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
1.12 Reaffirmation of Authorization. Your non-termination or Chizzle's continued provision of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, per usage, or as otherwise described when you initially selected to use the Paid Service. (If the method by which we charge you for any Paid Service changes, including the timing of those charges, we will notify you via the Platform and/or in revisions to these Terms.)
1.13 Loyalty Program. The Chizzle "Rewards Program" is a loyalty program through which teachers will be offered the opportunity to earn rewards ("Rewards") by performing various activities, including referring new Teacher or Student registrants to the Platform. Any Reward that provides temporary access to a Paid Service, must be (a) used within the specified time of the trial, (b) may not be duplicated, sold, transferred in any manner, (c) may only be used pursuant to the specific terms that we establish for such Rewards Program, and (d) may expire prior to your use.
1.14 Lesson Bookings and Cancellations. If a Student sends a Teacher a request to book a lesson ("Lesson Request"), such Teacher must respond within 24 hours of receiving such Lesson Request. If the Teacher fails to provide a response, the Student will automatically receive notice of the Teacher's failure to respond and will be offered the option of booking a lesson with another Teacher. All cancellations of booked lessons must be made more than 24 hours prior to the scheduled lesson.
(a) If a Teacher cancels a lesson. If a Teacher must cancel a lesson more than 24 hours prior the scheduled lesson, Teachers should inform the Student of the cancellation as soon as possible and offer alternate substitute dates and times for each affected lesson and offer the Student(s) the option of either (x) re-booking their lesson(s) or (y) requesting a refund, if the lesson fee has already been processed (or cancelling the lesson, if the lesson fee has not yet been processed). The Student may then choose to accept such alternate lesson times or cancel the lesson and request a refund, if the lesson fee has already been processed. If a Teacher must cancel a lesson less than 24 hours prior to the scheduled lesson the Teacher should (1) use our broadcast message function to broadcast a message to all affected students of their lesson cancellation(s) and (2) offer alternate substitute dates and times for each affected lesson and offer the Student(s) the option of either (x) re-booking their lesson(s) or (y) requesting a refund, if the lesson fee has already been processed (or cancelling the lesson, if the lesson fee has not yet been processed).
(b) If a Student cancels a lesson. If a Student must cancel a lesson more than 24 hours prior to the scheduled lesson, the Student should inform the Teacher of the cancellation as soon as possible. The Teacher may then offer the Student alternate substitute dates and times or a refund, if payment has already been processed. If no agreement can be reached with respect to an alternate date and time to reschedule the lesson, the Student will have no obligation to pay for the lesson (if not already paid for) and it will be deemed cancelled. If a Student must cancel a lesson less than 24 hours prior to the scheduled lesson, the Student will be responsible for payment of the full lesson fee and the Teacher will have no obligation to reschedule the lesson or provide any refund (if payment has already been made). However, the Teacher may choose to offer the Student a substitute lesson at an alternate date and time, at the Teacher's sole discretion.
(c) No Shows and multiple short notice cancellations. Any Teachers or Students that fail, within a 30-day period period, to attend more than 5% of scheduled lessons without notice ("No Shows") or cancel more than 5% of scheduled lessons with less than 24 hours notice will be sent an automatic warning via our Platform. Subsequent No Shows or cancellations with less than 24 hours' notice, which occur within the same 30-day period, will be grounds for restricting, at our sole discretion, such Teacher or Student from making bookings of, or booking or receiving, additional lessons on the Platform for the remainder of that 30-day period, or longer.
2.1 License. Subject to these Terms, Chizzle grants you a non-transferable, non-exclusive, revocable, limited license to download and install a copy of the mobile application on each mobile device or computer that you own or control and run such copy of the mobile application solely for your own personal use. Subject to your compliance with these Terms, Chizzle also grants you a limited, non-exclusive, non-transferable license, to (a) access and view any Chizzle content solely for your personal and non-commercial purposes and (b) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any content displayed on the Platform; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform shall be subject to these Terms. All copyright and other proprietary notices on the Platform (or on any content displayed on the Platform) must be retained on all copies thereof.
2.3 Modification. Chizzle reserves the right, at any time, to modify, suspend, or discontinue the Platform (in whole or in part) with or without notice to you. You agree that Chizzle will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.
2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Platform and its content are owned by Chizzle or Chizzle's suppliers and/or business partners. Neither these Terms (nor your access to the Platform) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Chizzle and its suppliers and/or business partners reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
3.1 User Content. "User Content" means any and all information and content that a user submits to, or uses with, the Platform (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Chizzle. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Chizzle is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
3.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Chizzle an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Platform. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.3 Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
(a) You represent and warrant that (i) you are of legal age and have capacity to agree to these Terms; (ii) you own or otherwise control all of the rights to your User Content; (iii) all your User Content is accurate; and (iv) exploitation of your User Content by Chizzle and any other users, partners, and licensees will not violate these Terms, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You are not permitted to use the Platform or our services or submit User Content if you are under the age of 18 years. You must identify your date of birth during the registration process. That being said, we do not assume any responsibililty for any misrepresentations regarding your age or parental consent when using the Platform. If you are a Teacher, you also represent and warrant that you are legally authorized to work in the country (or countries) in which you are offering lessons through the Chizzle Platform.
(b) You further represent and warrant you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (ii) have not been and are not currently required to register as a sex offender with any government entity.
(c) You agree (i) to provide accurate, current, and complete information about you as may be propted by a registration form on the Platform; (ii) to maintain the security of your passwords and identification; and (iv) to maintain and promptly update your Account information and any other information you provide to Chizzle, to keep it accurate, current and compete.
(d) You agree NOT to use the Platform to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(e) You further agree NOT to: (i) upload, transmit, or distribute to or through the Platform any computer or mobile device viruses, worms, or any software intended to damage or alter a computer system, mobile device or data; (ii) send through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Platform to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Platform; or (vi) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
(f) You hereby authorize Chizzle to verify your representations and warranties herein, and you acknowledge that Chizzle reserves the right, but not the obligation, to verify such representations and warranties, which may include, without limitation, conducting criminal background checks and using other available public or authorized agency records, and to take action we deem appropriate in our sole discretion, including but not limited to terminating your account and/or suspending your access to the Platform and Chizzle's services, should we determine, in our sole opinion, that you have violated any representation or warranty or any other provision of these Terms. If Chizzle becomes aware of or believes that there are violations of this Acceptable Use Policy by any User, or that the User has otherwise provided any false or misleading information, we may, among other things, suspend and/or terminate such User with or without notice at our sole discretion.
The preceding paragarph notwithstanding, you understand and agree Chizzle does not conduct background checks of any User. You also understand and agree Chizzle neither confirms nor denies the validity of User Content and that Chizzle does not verify that any or all of the Acceptable Use Policy conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and IT IS YOUR RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
CHIZZLE DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD CHIZZLE HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS PLATFORM.
3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
3.5 Feedback. If you provide Chizzle with any feedback or suggestions regarding the Platform ("Feedback"), you hereby assign to Chizzle all rights in such Feedback and agree that Chizzle shall have the right to use and fully use such Feedback and related information in any manner it deems appropriate. Chizzle will treat any Feedback you provide to Chizzle as non-confidential and non-proprietary. You agree that you will not submit to Chizzle any information or ideas that you consider to be confidential or proprietary.
4. Indemnification. You agree to indemnify and hold Chizzle (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Chizzle reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Chizzle. Chizzle will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Third-Party Links & Ads; Other Users
5.1 Third-Party Links & Ads. The Platform may contain links to third-party websites, mobile applications and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Chizzle, and Chizzle is not responsible for any Third-Party Links & Ads. Chizzle provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
5.2 Other Users. Each Platform User is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Platform users are solely between you and such users. You agree that Chizzle will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Platform user, we are under no obligation to become involved.
5.3 Release. You hereby release and forever discharge Chizzle (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform (including any interactions with, or act or omission of, other Platform users or any Third-Party Links & Ads).
USE OF THIS PLATFORM IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICTLY STATED. THE PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND CHIZZLE (AND OUR SUPPLIERS AND/OR BUSINESS PARTNERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND/OR BUSINESS PARTNERS) MAKE NO WARRANTY (A) THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, NOR (B) THAT we will review the information or materials made available through our services for accuracy OR preserve, or maintain any such information or materials without loss. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE PLATFORM, INCLUDING ANY DAMAGES RESULTED FROM COMPUTER VIRUSES. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PLATFORM SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF FIRST USE.
OUR SERVICES or services provided by the platform ARE NOT AVAILABLE IN ALL Jurisdictions OR COUNTRIES aND the jurisdictions covered will be identified in the FAQ section of the website. All advertising is intended solely for those markets. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this Platform.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE PLATFORM OFFERS A MARKETPLACE FOR THOSE SEEKING LESSONS, TUITION OR INSTRUCTION TO CONNECT WITH THOSE SEEKING TO PROVIDE LESSONS, TUITION OR INSTRUCTION. YOU UNDERSTAND AND AGREE THAT CHIZZLE HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT CHIZZLE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE CONTENT OR SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT CHIZZLE IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM. AS SUCH, CHIZZLE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE PLATFORM.
USERS OF THE PLATFORM WILL TRANSACT BETWEEN THEMSELVES. CHIZZLE WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. CHIZZLE IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION. YOU UNDERSTAND AND AGREE THAT CHIZZLE HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE PLATFORM AND THAT CHIZZLE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE CONTENT OR SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT CHIZZLE IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE PLATFORM, OF ANY USER. AS SUCH, CHIZZLE EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES CHIZZLE FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE PLATFORM.
Chizzle shall not be liable for delays, service failures, or other problems inherent in the use of the Internet, electronic communications, devices used for accessing the platform or other systems outside our reasonable control. By using THE PLATFORM you thereby indemnify Chizzle, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
TO THE FULL EXTENT PERMITTED BY LAW, CHIZZLE (OR
OUR SUPPLIERS AND/OR BUSINESS PARTNERS) IS NOT LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
(INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL,
USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE)
ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, EVEN IF CHIZZLE HAS
PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY
OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT
(INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE
USE OF OR THE INABILITY TO USE THE PLATFORM; (B) THE COST OR PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR
SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO, THROUGH OR FROM THE PLATFORM; (C) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR
ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR
FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE,
MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT
SHALL CHIZZLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR
OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO CHIZZLE OR ANY SUBSIDIARY OR
AFFILIATE OF CHIZZLE, IF ANY.
IF YOU ARE DISSATISFIED WITH THE PLATFORM OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
8. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Platform. We may suspend or terminate your rights to use the Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Chizzle will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 10.
Chizzle respects the intellectual property of others and asks that Users of our Platform do the same. In connection with our Platform, we have adopted and implemented a policy respecting copyright laws that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Platform who are repeat infringers of intellectual property rights, including copyrights.
If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access thereto) from the Platform by contacting Chizzle at , and providing, in writing, the following information:
• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.
10.1 Changes. Chizzle reserves the right, in its sole discretion, to change these Terms from time to time and without notice as it sees fit, including, without limitation, by removing, adding or modifying portions thereof and your continued use of the Platform will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement on a regular basis. If you object to any such changes, your sole recourse shall be to cease using the Platform. Continued use of the Platform following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Platform and all our services.
10.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Chizzle and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Chizzle that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Chizzle, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Chizzle should be sent to: 10-62 Raffles Place, Singapore 048616. After the Notice is received, you and Chizzle may attempt to resolve the claim or dispute informally. If you and Chizzle do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration shall be initiated through the Singapore International Arbitration Centre ("SIAC"), in accordance with the Arbitration Rules of the SIAC ("SIAC Rules"). The seat of the arbitration shall be Singapore. The Tribunal shall consist of a single, neutral arbitrator.
(d) Time Limits. If you or Chizzle pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the SIAC Rules for the pertinent claim.
(e) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Chizzle, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the SIAC Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Chizzle.
(f) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Chizzle in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CHIZZLE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(g) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
(h) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(i) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(j) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(k) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Chizzle.
(l) Small Claims Tribunals. Notwithstanding the foregoing, either you or Chizzle may bring an individual action in the small claims tribunals.
(m) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(n) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(o) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Singapore, for such purpose.
(p) Export. The Platform may be subject to Singaporean export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any Singaporean technical data acquired from Chizzle, or any products utilizing such data, in violation of the export laws or regulations of Singapore.
10.3 Disclosures. Chizzle is located at the address in Section 10.8.
10.4 Electronic Communications. The communications between you and Chizzle use electronic means, whether you use the Platform or send us emails, or whether Chizzle posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Chizzle in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Chizzle provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
10.5 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Platform. Our failure to insist upon strict performance of any provision of these Terms or to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Chizzle. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Chizzle is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Chizzle's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Chizzle may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
10.6 Governing Law. By accessing this Platform and/or using our services you consent to these Terms. Use of the Platform and/or our services and these Terms shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the courts of Singapore.
10.7 Copyright/Trademark Information. Copyright © 2016 Chizzle Pte. Ltd. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Address: Chizzle Pte. Ltd.,10-62 Raffles Place, Singapore 048616
These Terms form part of the Agreement between you and Chizzle. Your accessing of this Platform and/or undertaking of a service indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the Terms and Conditions contained herein. Your statutory consumer rights are unaffected.