Terms and conditions
Website covered: https://livexp.com
Application covered: LiveXP application
We are thrilled that you have chosen us to help with your on-line educational or training needs.
The following pages create the terms and conditions of a contract between You and Us which covers (a) your use of LiveXP and (b) how we make our programs available to you.
The following terms and conditions (the “Terms”) apply to Our provision and Your use of the information, services and materials (“Online Content and Tutorials”) through the LiveXP website, Platform and application (collectively the “LiveXP”) including you visiting and browsing LiveXP (being a “Browser”) and registering with LiveXP as a student (a “student”).
Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using LiveXP immediately.
1. About Us
- In these Terms, references to “We” or “Us” are Livexp PTE Ltd, a private company limited by shares, registered in the Republic of Singapore under Registration Number 202222368M and having its registered office at 10 Anson Road #23-05 International Plaza, Singapore 079903.
- In these Terms, the use of “You” or “Your” refer to you whether as a Browser or a student.
- LIVEXP offers Online Content and Tutorials (‘Service’) from professionals across the world (“Tutors”).
- If you have any questions about these Terms or wish to contact us for any reason please get in touch by e-mailing us at: [email protected].
2. Using the Website (student conduct)
- By using LiveXP and the Online Content and Tutorials, you confirm that you have read and agree with these Terms and the Policies (each as amended from time to time). Browsers and students must be aged thirteen (13) years and over in order to be able to use LiveXP. You represent and warrant that you are of legal age and possess the legal right to accept the Terms and to use the Service in accordance with the Terms. Otherwise, if you are between the ages fifteen to eighteen (13-18) you may only use the Service with the consent of your parent or legal guardian who must review and discuss the Terms with you.
- We do not knowingly seek or collect any personal information from persons who have not attained the age of thirteen (13). For residents within the EEA, where the processing of personal information is based on consent, users between 13 and 16 years old of age should use the LiveXP only subject to parental consent. By continuing using the LiveXP, we assume that the necessary consents by the guardians/parents have been provided. If we learn that we are engaged in that processing with such users without parental consent, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.
- Your use of and access to LiveXP and the Online Content and Tutorials are subject to the following conditions (“Acceptable Use Conditions”). You hereby agree that any failure to comply with any one of the below Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
- You agree to use LiveXP and access the Online Content and Tutorials only for lawful purposes and your use of LiveXP and Online Content and Tutorials is in no way unlawful or fraudulent, and that you do not have the intention to affect or harm the reputation or financially either Us or our Partner Professionals;
- You agree not to use or access LiveXP or the Online Content and Tutorials for the purpose of harming or attempting to harm minors in any way;
- You agree not to distribute, circulate, hand out or disseminate all or any part of LiveXP or Online Content and Tutorials in any medium without our prior written consent, unless such distribution is offered through the functionality of LiveXP and permitted by these Terms including, without limitation, under section 5.11;
- You agree not to alter or modify any part of LiveXP or the Online Content and Tutorials;
- You agree not to access LiveXP or Online Content and Tutorials through any technology other than the software and/or platform provided by Us or enabled via API’s or other generally available third-party web browsers such as Chrome, FireFox, Safari or Internet Explorer as well as other web browsers;
- You agree not to (and also not to attempt to) circumvent, disable or otherwise interfere with any security related features of LiveXP or any features that (i) prevent or restrict use of or copying of content or (ii) enforce any limitations on you, the use of LiveXP or access to the Online Content and Tutorials;
- You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- any unsolicited or unauthorised advertising, solicitations, or any other prohibited form of solicitation;
- any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers;
- any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
- any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
- any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
- any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide (if such license or qualification is required by law); or
- otherwise any material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Service, or which may expose the Service or its users to any harm or liability of any type.
- You agree not to use or access LiveXP or Online Content and Tutorials for any commercial uses or for the benefit of any third party, including but not limited to:
- the sale of access to the Online Content and tutorials or any associated content;
- the solicitation of business in the course of trade or in connection with a commercial enterprise; and
- the solicitation of any Browsers or students of LiveXP with respect to their content for commercial purposes;
- You agree to comply with these Terms in relation to any User Content (as defined in paragraph 6.1 below) provided by you in connection with the Online Content and Tutorials and in connection with the ability to post messages (as further detailed in paragraphs 5.6 to 5.9 below).
- You agree not to do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose on or using the Service. You must not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Service or the technology contained therein, including any portion thereof or determine or attempt to determine any source code, circuit arrangement, chip function, circuitry, design, algorithms, methods, techniques or assemble embodied on the Service nor any derivative works thereof.
- We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.
- You acknowledge and agree that the form and nature of LiveXP and Online Content and Tutorials which we provide may change from time to time without prior notice to you.
- Whilst we do all we can to ensure that the Online Content and Tutorials are of a high standard, you understand and acknowledge that, in using the LiveXP and Online Content and Tutorials, you may be exposed to content from our Partner Professionals that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.
- You acknowledge and agree that we may stop (permanently or temporarily) providing LiveXP, Online Content and Tutorials (or any part of the Online Content and Tutorials) to you or to Users generally for whatever reason, at our sole discretion, without prior notice to you.We reserve the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
- You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
3. Registration and Accounts
- Any Browser can view LiveXP, but in order to participate fully in all activities on LiveXP and take part in the Online Content and Tutorials, it must register for a personal account on LiveXP (a “User Account”) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your User Account with any third party for any reason whatsoever.
- In setting up your User Account, you may be prompted or required to enter additional information, including date of birth, location and any other information that will help other Users get to know you and help us to tailor the services to suit you and comply with our legal obligations.
- You undertake to us that all information provided by you in relation to your User Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
- By registering with LIVEXP for a User Account, you agree (in addition to the Acceptable Use Conditions above) that you:
- will not let anyone else use your User Account;
- will not cheat on any assignment or assessment that the Partner Professional might opt to assign, relating to the Online Content and Tutorials, nor share solutions to homework assignments or exams; and
- will notify Us, immediately if you become aware of any other User cheating or breaching these Terms.
4. License to use
- Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence strictly for non-commercial purposes only:
- to access, internally use and display LiveXP and Online Content and Tutorials as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Tutorials as permitted by these Terms; and
- to download permitted content from the Online Content and Tutorials so that you may exercise the rights granted to you by these Terms.
- You must abide by all copyright notices or restrictions contained on the Website or the Online Content and Tutorials. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content and Tutorials.
- Certain Partner Professionals may, at their own discretion, make available certain Online Content and Tutorials under a Creative Commons licence (non-commercial). Should Partner Professionals choose to do this, it will be clearly identified on the appropriate Online Content and Tutorials page of LiveXP and we acknowledge that the Creative Commons licence will override certain of these Terms as appropriate.
- You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on the Service nor use any such Content in connection with any business or commercial enterprise. We reserve the right to terminate the limited license granted by us if there is any unauthorized use of the Content.
5. Your Content
- Throughout your use of LiveXP and the Online Content and Tutorials, you might have the option to be able to provide content to LiveXP by uploading notes and replies, User discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “User Content”).
- We do not claim ownership of any User Content you may submit or make available for inclusion on LiveXP or Online Content and Tutorials. Accordingly, subject to the licence granted to us and any applicable Partner Professional, the student will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
- With respect to any User Content you submit to us or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such User Content on LiveXP and/or in the Online Content and Tutorials, with the right to sublicense such rights for any purpose associated with the provision of LiveXP and the Online Content and Tutorials. We reserve the right to remove any User Content without notice at any time and for any reason.
- To the extent that you provide any User Content, you represent and warrant that:
- you have all necessary rights, licences and/or clearances to provide such User Content and permit us to use and publish such student Content as provided herein;
- such User Content is accurate and complete to the best of your knowledge and belief;
- as between you and us, you are responsible for the payment of any third-party fees related to the provision, publication and use of such User Content; and
- such use and/or publication of your User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation.
- With respect to any submissions of User Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
- LiveXP and/or the Online Content and Tutorials may provide you with the ability to post notes and replies, take part in group discussions, submit assignments or send similar messages and communications to third party service providers, other Users and/or us.
- You agree to use communication methods available on LiveXP and/or the Online Content and Tutorials only to send communications and materials related to the subject matter for which we provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms, the Policies.
- By using any of the communications methods available on LiveXP and/or the Online Content and Tutorials, you agree that:
- all communications methods constitute public, and not private, means of communication between you and any other parties;
- communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and
- most content will be reactively moderated if flagged by Browsers or student, but we reserve the right to pre-review or post-review User Content to ensure that it complies with generally acceptable standards of communication.
- Additionally, through such communication methods set out in paragraph 5.8 above, we may make certain types of services available to you, such as chat room services that allow you to communicate with our staff members and/or staff members of our Partner Professionals.
- You acknowledge and agree that the services set out above (including without limitation chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for educational purposes only.
- Any User Content that is published on the public discussion areas of LiveXP (for example, the forums or areas where posts are made) will be subject to a Creative Commons License. We will not make available any User Content related to your assignments or assessments.
- By registering on the LiveXp platform Tutors ("Partner Professionals") grant LiveXP an irrevocable, worldwide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit Tutor's content on LiveXP, including Introduction video, name, and profile picture for marketing and promotional goals or any other purpose at the sole and absolute discretion of LiveXP. LiveXP has full rights to publish Tutor's content on LiveXP including Introduction videos and profile pictures to official social media channels such as Instagram, YouTube, Facebook, or other third-party advertising systems, to ensure accessibility and visibility to LiveXP students regardless of their location. You acknowledge and agree that LiveXP may change or improve the Tutor's content which is provided for your profile on the Website. The changes can be made by cutting the video to a specific size, adding the LiveXP logo on the video, improving the quality of sound in the video, publishing the video on the LiveXP social media channels with adding the description, and providing a link to the Tutor's profile.
- Tutors must ensure that the delivery of their live 1-1 lessons from a specific venue conforms to the established policies,rules and regulations. Moreover, Tutor’s must comply with the following rules while streaming on LiveXP:
- The topic of the stream must be available on LiveXP and be related to one of the categories mentioned in its profile;
- There must be an active interaction between the Tutor and the Users of LiveXP, during the broadcasting;
- The 1-1 lessons should contain high-quality educational content.
- Tutors must ensure that in case of making a decision to stop their career at LiveXP, they must immediately:
- enable Vacation Mode in their profile to avoid further bookings;
- conduct all booked lessons;
- contact the Support Team with the request to terminate their account;
- In case of non-compliance with the above requirements, LiveXP reserves the right to withhold any amount otherwise due and payable to the Tutors.
Tutors can promote their profile to attract more students by posting the link to their profile on social media, posts, blogs, forums, and other public media resources. To increase the reach of their publications, Tutors can use the additional features of these services provided for an additional fee, for example, paid promotion on Facebook, Instagram, or Twitter.
However, since some advertising services (in particular, Google Ads) do not allow simultaneous campaigns to the same resource from different ad accounts, we do not welcome the use of such services to promote your profile. If such advertising activity is detected, we will be forced to block the profile and make a complaint in order to protect our advertising accounts from possible blocking.
6. Copyright Policy
- It is our policy that any content included on LiveXP or within the Online Content and Tutorials that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the LiveXP as soon as possible after we are made aware of such infringement or potential infringement.
- If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through LiveXP by sending an e-mail to: [email protected]
- We will, acting in our sole discretion, terminate User Accounts and access to LiveXP and Online Content and Tutorials if a User has been notified of infringing activity twice or more (regardless of whether the User has taken appropriate action as we may direct.
7. Privacy and Security
8. Linking to Other Sites
- LiveXP may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
- We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
- we have no responsibility for the accuracy or availability of information provided by Linked Sites; and
- we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
- We may remove any links to Linked Sites from LiveXP at any time for any reason.
- If you access any such resources, products, services, or content or participate in any such promotions, you do so solely at your own risk. You hereby expressly waive and release us from all liability arising from your use of any such resources, products, services or content or participation in any such promotions. You further acknowledge and agree that we will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or your reliance on any such resources, products, services, content, or promotions from third parties.
- We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.
- Information, data, programs or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may infiltrate or become accessible through the Service due to circumstances beyond our control and we make no representation as to the suitability of the information accessible for viewing by minors or any other persons.
- By using the Service, you will be assuming all risks associated with use of the website including risk of your computer, software or data being damaged by any virus which might be transmitted to or activated via the Service or your access to it.
- It is strictly prohibited to post and/or advertise links to third party sites offering similar services.
9. LiveXP’s Intellectual Property Rights
- LIVEXP is the owner or the licensee of all necessary intellectual property rights in all aspects of LiveXP and Online Content and Tutorials including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio , design, compilation information, data, the overall “look and feel” (e.g., page headers, button icons, and scripts) or other materials uploaded, downloaded or appearing on LiveXP (the “Online Content”). The Online Content is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content remains the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content, other than the right to use it in accordance with the terms of the licence herein. Unless otherwise stated, copyright in the Online Content ,belongs to the relevant Partner Professional providing the Online Content and Tutorials.
- Other than any content submitted to LiveXP by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to LiveXP (“FutureLearn IPR”).
- If any Online Content vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online Content. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Content and Tutorials or the LiveXP.
- You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Content to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
- LiveXP and its logos are our trademarks and are owned by us. All other third-party trademarks, registered trademarks and product names on the Service or contained in the content linked to are the property of their respective owners who may not be affiliated with or connected to us. You agree to comply with all copyright, trademarks and other proprietary rights of such third parties when you use the Service. We are not responsible for any copyright, trademark or proprietary rights infringements caused by third party material on the Service.
10. Your Liability to Us
- You hereby agree and undertake to indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
- your submission of User Content to LiveXP or participating in the Online Content and Tutorials;
- your access to or use of LiveXP or Online Content and Tutorials;
- your breach of any of these Terms; and
- any negligent act or omission, deliberate default or breach of statutory duty on your part.
- Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
- This paragraph 10 survives the expiry of these Terms.
- If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
11. Our Liability to you
- Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.
- LiveXP and the Online Content and Tutorials are provided to you “as is” and we make no warranty or representation to you with respect to them.
- We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):
- any loss of profit (directly or indirectly);
- any loss of goodwill; and
- any loss of opportunity.
- We provide the Online Content and Tutorials on LiveXP in good faith but give no warranty or representation that the Online Content and Tutorials are accurate, complete or up-to-date or that they will meet your requirements, nor that the LiveXP does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content and Tutorials on LiveXP and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on LiveXP, we accept no liability for them.
- Information transmitted via LiveXP will pass over public telecommunications networks. We make no representation or warranty that the operation of LiveXP will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
- We accept no responsibility for any loss or damage incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the LiveXP or in relation to the Online Content and Tutorials;
- any changes which we may make to LiveXP or Online Content and Tutorials, or for any temporary interruptions in the provision of LiveXP or Online Content and Tutorials;
- the deletion of, corruption of, or failure to store, any Online Content and Tutorials and other communications data maintained or transmitted by or through your use of LiveXP;
- your failure to provide us with accurate account information; or
- your failure to keep your account details secure and confidential.
- We reserve the right to limit or suspend your use of LiveXP and/or access to the Online Content and Tutorials at any time for operational, regulatory, legal or other reasons.
- We may restrict, suspend or terminate your User Account or access/use of LiveXP with immediate effect:
- if we reasonably believe you or any User you are connected with are in breach of any of these Terms;
- in order to prevent any fraudulent, unlawful or abusive activity; or
- if it is necessary to prevent or stop any harm or damage to us, other Users of LiveXP or the general public
12. Limitation of Liability
WE DO NOT CONTROL OR DIRECT WHAT PEOPLE AND OTHERS, INCLUDING ANY THIRD-PARTY LOGISTICS PROVIDERS DO OR SAY, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE, IN RELATION TO THE SERVICE) OR ANY CONTENT THAT THEY SHARE (INCLUDING OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL AND OTHER OBJECTIONABLE CONTENT).
WE CANNOT PREDICT WHEN ISSUES MAY ARISE WITH THE SERVICE. ACCORDINGLY, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES WILL THE SERVICE OR THE COMPANY NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE (DIRECTLY OR INDIRECTLY) IN ANY WAY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY DIRECT OR INDIRECT ECONOMIC OR FINANCIAL LOSS OR DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, REPUTATION, INFORMATION OR DATA) OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES HOWSOEVER CAUSED OR ARISING FROM ANY BREACH OR FAILURE OF THE COMPANY TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- Through LiveXP you will have the opportunity to purchase the Tutorials. The price for each Tutorial and/or Subscription Plan will vary. The prices will be clearly stated in LiveXP and may change from time to time in our sole discretion.
- All payments of Tutorial must be made with a valid credit card or debit card or other available payment methods only through LiveXP platform. Its is strictly prohibited to make and/or accept any payments outside LiveXP. The information of such payment methods may be kept on file either by us or third-party payment processors for as long as necessary to fulfill our legal and other obligations.
- In order to make a purchase, you may be asked to supply further information to allow us to process and authorize your purchase, including but without limitation, your name, address, card number, card expiration date, card security number and other information.
- You represent and warrant that you have the legal right to use the form of payment that you used to perform a purchase and that the information that you are providing with that form of payment is true and correct. In cases of minors under the age of 18, you represent and warrant that you have the necessary authorization and parental/guardian consent to use that form of payment to LiveXP.
- We reserve the right to refuse, cancel or terminate any purchase, anytime and for any reason in our sole discretion.
- You agree not to report as fraudulent, lost or stolen any form of payment which you have used in conjunction with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorized any charge by us for any goods or services, for which you do not have a good faith reason to believe is in fact unauthorized. You agree that absent good faith, in the event of any such report you shall be liable to us for such charge or obligation plus an additional $100 administrative fee. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision of these Terms.
- Whilst we make best efforts to ensure that all details, descriptions and prices which appear on the Sites are accurate, there may be instances where errors may occur. In such a case, we reserve the right to refuse or cancel your purchase at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your purchase, or if any unauthorized or illegal transaction is suspected, or other reasons.
- A subscription is an alternative pricing and payment model available to Students with the purpose of buying lesson packages that can be used for any Tutor. Information regarding the different Subscription Plans is available on the Subscription Terms and Conditions Policy
- Tutorials available through the purchase of a Subscription Plan, can be used for any Tutor at the same price. students can get information regarding their active Subscription Plan, next billing date and lessons remaining unused through their profile. If for any reason, students did not use all the lessons that they have purchased until the next billing period the lessons will be carried forward to the next billing period. The unused lessons will be lost and/or cancelled after 1 (one) year from the date of the purchase of the said lessons. For the avoidance of any doubt, If students do not use all the available lessons on their balance until the next billing period, they can keep them and can schedule them anytime within 1 (one) year. Students will have the option to manage an active Subscription Plan through their profile at any time.
- Subscriptions are automatically renewed, until cancelled, when the current billing period expires depending on the subscription package purchased by the student. By purchasing a subscription package, you hereby expressly give your permission for us to automatically charge your last payment details on file, with an amount equivalent to your last purchase of the subscription package as soon as the current billing period of the subscription package expires. You can always cancel any active subscription packages at any time, through your account as per the Subscription Cancellation and Refund policy.
- LiveXP reserves the right to change the price of the Subscription Plans at any time subject to notifying the students in advance. It is the responsibility of the students to cancel any active subscriptions if they do not agree with the new Subscription Plans prices.
- If at any time we terminate your rights to use LiveXP because of a breach of these Terms, you shall not be entitled to a refund. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on LiveXP and/or imposed by any sales agent or payment processing company, as may be amended from time to time.
- Without limiting the foregoing, we may in our discretion refund you any remaining funds when there are technical problems with LiveXP or when you have had a provably unsatisfactory lesson.For more information kindly go through our Subscription Cancellation and Refund policy
16. Inactive Accounts
- If your account remains inactive for more than 6 months, we reserve the right in our sole discretion to terminate your account with LiveXP. For the avoidance of any doubt, the present term shall apply to any case either you are a Tutor, or student or Browser.
- We consider “inactive accounts”, the accounts that the Tutor/student/Browser didn’t log in or made any purchase during that period.
- If there are any remaining funds in the account, we reserve the right to charge inactive accounts, a reasonable administrative fee.
17. Governing Law
- These Terms, your use and access to LiveXP, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of the Republic of Singapore.
- All disputes, controversies, or differences arising out of or in connection with these Terms shall first be attempted to be mediated and resolved internally between the Parties. The Parties hereto agree to participate in the internal mediation in good faith. The disputes, controversies or differences shall be referred within ten (10) business days to the Singapore Mediation Centre in the event the internal mediation does not work. The Parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.
- If the dispute cannot be resolved by mediation within sixty (60) days of the date that it is referred to mediation, then the dispute shall be submitted to the non-exclusive jurisdiction of the Courts of Singapore.
- Notwithstanding the above, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.
18. Changes to the Website and these Terms
- We may update or amend these Terms (as well as other LiveXP Policies or any other guidance we issue) from time to time to comply with laws or to meet our changing business requirements. When we update our Terms or Policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Website.
- For any operational, regulatory, legal or other reason, we reserve the right to modify, suspend or discontinue all of the Tutorials with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use LiveXP, you agree to be bound by the terms of these updates and amendments.
19. Other Important Terms
- Validity: The Terms shall remain in full force and effect if you have an account with us and use the Service. We reserve the right to suspend, disable, terminate or delete your account and/or your ability to access or use the Service at any time without notice if we believe that you have breached the Terms, or for any other reason, with or without cause, in our sole discretion, and you acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts paid to us.
- If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
- Third-party rights. No person who is not a party to these Terms shall acquire any rights under it or be entitled to benefit from it even if that person has relied on any such term or has indicated to any party to these Terms its assent to any such term.Only You and We are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms.
- We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of Your rights or delegate your obligations under these Terms without Our prior written consent.
- These Terms and the Policies set out the entire agreement between You and Us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.
- Relationship. Nothing in these Terms shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
- Indemnity. You hereby agree to defend, indemnify, and hold harmless to the fullest extent the Service, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
- We do not warrant that your access and usage of the Service will always be safe and seamless in its operation. The Service may face delays, errors, service disruptions, time-outs and may even ‘hang’ (collectively, “Disruptions”). We shall not be responsible for any of these Disruptions and the Company disclaims liability for any claims, costs and damages known or unknown that may arise out of the Disruptions.
- The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.
- These Terms contain the whole agreement between you and us relating to the subject matter hereof to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between you and us in relation to the matters dealt with in these Terms.
- We do not issue to users of the Service any monetary value of any form, any digital representation of value, or any payment accounts through which deposits, transfers, or withdrawals of money may be made.
- We do not facilitate through the Service any exchange of digital payment tokens for fiat currency or other digital payment tokens.
- We are not regulated or licenced under the Securities and Futures Act 2001 or the Payment Services Act 2019.
- The accuracy of data, programs or materials accessed through this Service is based on our information and data. We make no representation concerning its completeness, truth, accuracy or its suitability for any particular purpose. Users should rely on their own independent investigations. Before relying on any information accessed through this website or application, a user should:
- carefully evaluate the accuracy, currency, completeness and relevance to their own circumstances of the information for the purpose for which it is to be used; and
- obtain any appropriate professional advice relevant to the user’s particular circumstances.
- WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
21. Supplemental Terms
- Apple is not a party to these Terms.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Service on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
- Apple is not responsible for the Service or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Service.
- In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
- Apple is not responsible for addressing any claims by you or a third party relating to the Service or your possession or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the Service or your possession and use of the Service infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
- By downloading the Service from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Service that you download from Google Play, and;
- You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by the Company or you (or any other user) under these Terms or the Google Play Terms.