Tutor's Agreement

Last Updated: December 1, 2022

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP AS A TUTOR. BY ACCEPTING AT THE END OF THESE TERMS AND CONDITIONS, TUTOR CONFIRMS ACCEPTANCE OF THE TERMS AND CONDITIONS POSTED ON THE REGISTRATION FORM. LEARNINGTIGERS RESERVES THE RIGHT TO UPDATE OR REVISE THESE TERMS AND CONDITIONS FROM TIME TO TIME. LEARNINGTIGERS MAY GIVE NOTICE OF AMENDMENT TO TUTOR IN SUCH A MANNER AS LEARNINGTIGERS DEEM APPROPRIATE. CONTINUATION IN THE ACCESS OR USE OF THE SERVICE SIGNIFIES ACCEPTANCE BY TUTOR OF CHANGES TO THESE TERMS AND CONDITIONS.

1. Purpose

1.1 The purpose of this is to clarify Tutor’s Agreement the rights and obligations of Tutors who have registered Themselves as Tutors in http://learningtigers.my (the “Website”) operated by LearningTigers and all the services provided by the Website and LearningTigers.

1.2 Prior to this Tutor Agreement, Tutor must also accept Terms & Conditions of the Website. By accepting this Tutor’s Agreement, Tutor agrees that this Tutor’s Agreement, Terms & Conditions, and Privacy Policy determined by LearningTigers will apply whenever Tutor uses the Website and other related services, or at any occasions Tutor uses the tools made available by LearningTigers.

2. Definitions

2.1 Capitalised terms used herein (and not otherwise defined) have the following meanings:

“Tutor” (also referred to as “Instructor”, “Teacher”, “Trainer” or “Facilitator”) means any teaching staff delivering the course’s or lesson’s material to the students.

“Buyer” (also referred to as “Student” or “Parent”) means the individual purchasing the Online Class or Course.

“Tuition Classes” means any classes that is based on national syllabus (not limited to, KSSR, KSSM), international syllabus (IGCSE, Checkpoint, etc), classes’ or lesson’s material to the students.

“Language Classes” means any classes that are language based.

“Enrichment classes” means any classes other than Tuition Classes.

“Website” means www.learningtigers.my or any other domain operated by LearningTigers.

2.2 The use of singular words herein also include the plural.

3. Accounts

3.1 By listing Tutor’s products and services on the Website, Tutor agrees to accept responsibility for all activities that occur under the Tutor’s product listing. This doesn’t make Tutor an employee, an agent or a legal representative of LearningTigers or give Tutor any authority to speak for LearningTigers.

3.2 If a member is under 18 years old at the time of the member registration, such member shall not be allowed to list on this Website as a Tutor, as stipulated in this Agreement. LearningTigers reserves the right to refuse service, terminate accounts, remove or edit the contents, or cancel orders in its sole discretion. As part of Tutor’s identity verification, Tutor agrees to provide the relevant personal identification documents to LearningTigers and all personal data will be treated as per Privacy Policy.

3.3 Without limiting other remedies, LearningTigers may limit, suspend, or terminate the Website, its services and Tutor accounts, prohibit listing to the Website and its contents, delay or remove hosted content, and take technical and legal steps to keep users off the sites if, based on LearningTigers’ sole discretion, it is Considered that Tutor is creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, in breach of any of the Terms and Conditions or this Agreement or acting inconsistently with the letter or spirit of LearningTigers Policies (for example, and without limitation, policies related to fraud actions, conducting off-site transactions, feedback manipulations, circumventing temporary or permanent suspensions or users WHO we believe are harassing the employees of LearningTigers or other users).

3.4 Additionally, LearningTigers may suspend or terminate the association with any Tutors who may be recurring infringers of intellectual property rights of third parties. Also LearningTigers reserves the right to cancel accounts that have been inactive for 1 (one) year, in accordance with the Policies as determined by LearningTigers.

3.5 LearningTigers holds its Tutors to a high level of professionalism. While using this Website as a Tutor, Tutor will not participate in the unprofessional conduct, including but not limited to:

a. Post Inappropriate content or products in the categories or areas on the Web Site or services;

b. Violate any laws, third party rights, or Policies such as the Prohibited and Restricted products policies;

c. Use the Website or services as a Tutor if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Website;

d. Manipulate the price of any providers interfere with other user’s listings;

e. Circumvent or Manipulate the fee structure, the billing process, or fees owed to LearningTigers;

f. Use a personal account (either Zoom, Google Meet, Skype or other similar platforms) to teach live classes, rather than going through the classroom (links) provided by LearningTigers

g. Attempt to circumvent our process for using third party tools and nonetheless use a non-compliant resource

h. Post False, Inaccurate, misleading, defamatory, or libelous content (including personal information);

i. Take any action that may undermine the feedback or ratings systems;

j. Transfer your account to another party without LearningTigers’ consent;

k. Distribute or post spam, chain letters, or pyramid schemes;

l. Deceive, or try to deceive, parents or LearningTigers;

m. Request, or try to request for users’ personal information, including, but not limited to mobile number, email address, residential/office address or any form of

m. Distribute viruses or any other technologies that may harm the Website, or the interests or property of users of the Website;

n. Copy, modify, or distribute the contents from the Website and LearningTigers’ copyrights and trademarks; or

o. Harvest or otherwise collect information about users, Including but not limited to email addresses, without Reviews their consent; or

p. Use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, or other policy holds Consequences as regulated by LearningTigers.

3.6 Violations of this Agreement may result in a range of actions, including but not limited to:

a. Listing cancellation

b. Loss of Settlement Amount

c. Limits placed on account privileges

d. Account restricted

e. Account suspension / termination / removal of Tutor

f. Criminal charges, legal actions and / or claims for damages

4. Service Fee

4.1 Joining the Website and advertising with LearningTigers is free.

4.2 LearningTigers adopt two separate types of service fees for its Tutors.

4.2.1 For Tuition and Language Classes, Tutor’s rates are paid per class basis and the rates will be higher based on the increasing number of students registered in the class. The rates are agreed between LearningTigers and Tutor prior to the classes in an additional agreement for Tuition Classes.

4.2.2 For Enrichment Classes, Tutor takes home 70% of sales price determined by Tutor, or fixed rates can be applied (to be approved by LearningTigers). Tutor agrees that service fees and taxes may be paid by deduction from the purchase value paid by Buyer or by other methods agreed by the Tutor in accordance with the Policies determined by LearningTigers.

4.3 LearningTigers reserve its right to collect a minimal online platform fee from Tutor to ensure good interface is used for Online Class delivery. This fee is ranging from RM 0 to RM 50 per month, depending on the level of service and size of the class. This fee is only applicable when LearningTigers has a written agreement with the Tutor. 

4.4 Tutor authorises LearningTigers to collect fee from Buyer on-behalf on product/class/course sale(s).

5. Tutor’s Obligation

5.1 Tutor shall properly manage and ensure that relevant information such as the price and the details of products, inventory amount and terms and conditions for sales is updated and shall not post inaccurate information. LearningTigers may post on behalf of Tutor, however, the information posted on the Website should always be confirmed by Tutor. In the event where details posted are not accurate, Tutor must contact LearningTigers admin as soon as possible to rectify the information posted.

5.2 The price of products for sale will be determined by Tutor at his / her own discretion. Tutor may wish to take into consideration all relevant factors, Including, but not limited to, Transaction Fees, shipping cost and other service fees.

5.3 The settlement amount (before deducting there from any service fees) payable to a Tutor for a sales now will be determined by the Tutor at his / her own discretion based on the price of the products and Transaction Fee. The price of a product and shipping cost shall include the entire amount to be charged to buyers such as sales tax, GST, tariffs, etc., if any, and the Tutor shall not charge buyers reviews such amount additionally and separately.

5.4 In no event, such adjustment of Transaction Fee and other service fees will affect the originally determined settlement amount payable to Tutors. The final price that buyers will actually pay shall be the price that such adjustment is applied to.

5.5 For the purpose of promoting the sales of products listed by Tutors, LearningTigers may post such products, at an adjusted price, on third-party websites, such as portal sites and price comparison sites, and other websites, whether it’s domestic or foreign, operated by LearningTigers and / or its affiliates.

5.6 Upon beginning of classes that are recurring on weekly basis (including Tuition Classes), Tutor must commit his / her availability to teach such classes for at least six (6) months. Thereafter, if Tutor wishes to stop teaching the recurring classes, one (1) month written notice shall be submitted to LearningTigers Program Manager.

6. Intellectual Property Rights

6.1 Tutors shall ensure that all contents including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by Tutors on the Website does not infringe or violate trademark rights, patent rights, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, know-how, confidential information, database rights, software rights, semiconductor and / or circuit layout rights and all various other intellectual property rights subsisting in any part of the world belonging to third parties.

6.2 Tutors shall also ensure that the use of such intellectual property rights is with the prior, approval or consent of Intellectual Property Rights owner. Should there be any complaints or alleged claims of infringement or violation of intellectual property rights made by any Third Party against the Tutors’ use of Intellectual Property Rights on the Website, LearningTigers may at its sole discretion without notice to the Tutors take down the listing, information, specification and / or photograph complained of and suspend sales of the Tutor’s corresponding product until such time LearningTigers at its sole discretion deems that evidence provided is sufficient to prove that the complaints and / or alleged claims are invalid.

6.3 In order to boost sales, information regarding products and services provided by Tutors on the Website may be disclosed to LearningTigers’ affiliated third parties, including websites owned by and / or affiliated to such third party, as well as blogs belonging to other members of the Website where disclosure of information is by another member on their blog, such disclosure could only be done in accordance to the methodologies prescribed by LearningTigers in the Policies and is subject to the agreement of the member who wishes to disclose another member’s information to the Policies set by LearningTigers.

6.4 Tutors shall indemnify and hold LearningTigers and its directors and employees harmless from all actions, claims and demands which may be instituted or made against the Tutors arising from the Tutor’s use of Intellectual Property Rights or violation of any applicable intellectual property laws. When Tutor has received claims from Third Party that their postings made on the Website infringe or violate the Intellectual Property Rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to a legal action, Tutors shall to the extent possible exempt and not involve LearningTigers, its directors and employees, and the Website from and in such claims.

6.5 Tutors shall notify LearningTigers as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any Third Party. All losses and costs to LearningTigers, its directors and employees and / or the Web Site arising from the Tutor’s use of any Intellectual Property Rights must shall be fully -compensated by the Tutor.

6.6 Tutor shall not, during or after the expiry or termination of this Agreement, use the name “LearningTigers” (a) in or as the whole or part of its own trade marks, domain names and / or trade names; (b) in a manner which may be confusing, misleading and / or deceptive; and (c) in a manner that disparages LearningTigers.

7. Product

7.1 Tutor warrants that the product and service listed on the Website are genuine, authorised, legitimate, do not infringe the Intellectual Property Rights of any third party, and do not violate any applicable and prevailing laws and/or norms Tutor shall immediately furnish evidence upon request that Tutor is the owner and/or is allowed permitted and/or authorised to use intellectual property rights embedded in or used in conjunction with the Product or services listed on the Website.

7.2 If the Tutor violates any of its warranty as-provided in this Article 7 and / or other Policies as determined by LearningTigers, LearningTigers has the right to terminate or cancel this Agreement immediately without notice to Tutor, and to cease all kind of advertisement listing, information, specifications, photographs, and/or announcement with regards to Tutor along with the Product(s) related to Tutor’s account and has the right to demand payment from the Tutor of any costs and losses incurred by LearningTigers.

8. Delivery

8.1 On receipt of the payment from the buyer, LearningTigers will notify the Tutor of the paid order. Tutor should then confirm that they have received the corresponding order within two (2) business days and take necessary actions for delivery. If the Tutor fails to do so, LearningTigers shall be given the option to cancel the corresponding order. Tutor should prepare to delivery Buyer’s paid lesson(s) based on the agreed lesson’s time and duration.

8.2 For Online Courses with fixed schedule (start time), they would be advertised on the Website as part of the product description. For Online Courses with flexible schedule, it would be discussed between the Tutor and the Buyer.

8.3 Tutor shall take all reasonable actions for the buyer to receive the Online Class on schedule specified on the product detail page. If Tutor fails to do so, LearningTigers may cancel the transaction and shall not be responsible or liable for any losses or damages to the Tutor such due to cancellation. In the unlikely event if the Tutor is deemed not competent to deliver the Online Class advertised, LearningTigers may, at its option, assign the buyer to another similar provider.

8.4 If any Online Classes is cancelled due to reasons attributable to the Tutor, LearningTigers may take necessary actions against the Tutor. For any cancellations with valid reasons, Tutor shall inform LearningTigers at least 24 hours prior to the Online Class, via written notice so that the same message can be conveyed to the students accordingly. For emergency cases, cancellation must be informed to LearningTigers as soon as possible so that the students can be informed accordingly. LearningTigers may request formal verifications from Tutor for each emergency case in the form of letters from doctors or appropriate parties.

8.5 The delivery method and provisions stipulated in this Article, will comply and be in accordance with the Policies as determined by LearningTigers. In the event of any express conflict or difference(s) between this Article and the Policies, the Tutor hereby agrees with LearningTigers that the Policies shall prevail.

9. Settlement

9.1 Tutor shall submit personal / business identification information such as a copy of Identity Card (My Kad) or necessary business licenses or company documents as requested by LearningTigers and bank account information together with documents, as required by LearningTigers, evidencing that the bank account is owned by and in the name of the Tutor when completing the Tutor registration.

9.2 Tutor shall not claim against LearningTigers for damages, other than those stipulated in the Policies as determined by LearningTigers.

9.3 The amount payable by LearningTigers to the Tutor for any completed transactions through the Website is the Settlement Amount. The Settlement Amount will be calculated by deducting all service fees from the amount paid by the buyer. Settlement method is restricted to only via direct transfer to Tutor’s bank account.

9.4 The Settlement Amount shall be paid at the end of the month by Learning Tigers to Tutor. In order to ensure smooth payment of Settlement Amount to Tutor, the cut off date used to calculate for the month’s Settlement Amount will be made on (and including) the 20th day of the month. The Settlement Amount for Online Classes conducted on the remaining days of the month will be carried forward to the following month.

9.5 Not with standing the provisions of this Article, Settlement as stipulated in this Article will comply to the Policies as determined by LearningTigers. LearningTigers may at its discretion curtail the term based on Tutor’s performance or based on certain circumstances.

9.6 LearningTigers may deduct from the Settlement Amount to any expense or loss to which may have arisen due to the fault of the Tutor, or in order to protect against the risk of liability, payments of the Settlement Amount may be withheld at LearningTigers’ discretion.

10. Promotional Activities

10.1 Tutor agrees that LearningTigers may, at its discretion, engage in promotional activities for and on behalf of the Tutors to induce transactions between buyers and Tutors by reducing, discounting or refunding the Transaction Fee and other service fees, or in other ways.

10.2 Tutor agrees that trial classes (either free or paid) could be provided to interested students provided there are sufficient slots available within the Online Class. Tutor may reserve its right not to provide free trial classes but the intention has to be communicated to LearningTigers during registration. If the Online Class is full, LearningTigers shall collaborate with Tutor to determine if extra slot could be provided for an one-time trial class.

11. Privacy Protection

11.1 LearningTigers views protection of buyers and Tutors (the “User”) privacy as a very important community principle.

11.2 User information is stored and processed on computers protected by physical as well as technological security devices. LearningTigers do not sell or lease-out Tutor’s personal information to third parties for marketing or business reviews without consent from the Tutors. Usage of Tutor information will be limited to purposes as described in the Terms & Conditions and other Policies as determined by LearningTigers.

11.3 Tutors can access and modify the information-provided to LearningTigers and choose not to receive certain communications by signing-in to Tutor’s account in the Website.

11.4 LearningTigers may use third parties to verify and certify LearningTigers’ privacy principles. For a complete description of how LearningTigers reviews such use and protect information, please see LearningTigers’ Privacy Policy. If Tutor objects to his or her information being transferred or used in this way, Tutor may cease listing his or her services on the Website and other services offered by LearningTigers.

11.5 For the avoidance of doubt, if LearningTigers have reasonable grounds to believe that any User is in breach of any of the terms of this Agreement and/or the Terms & Conditions and/or other Policies as determined by LearningTigers, LearningTigers reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private Investigators, all the rightful owner(s) or interest holder(s) and/or Injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing.

11.6 Further, LearningTigers may disclose the User’s identity and contact information, or review such other transaction-related data if requested by a government or law enforcement body, private investigators, rightful owner or interest holder and/or any Injured third party or as a result of a subpoena or other legal action, or if LearningTigers is of the view, in its sole and absolute discretion, that it would be in its best interest to do so.

11.7 LearningTigers shall not be liable for damages or results arising from reviewing such disclosure, and the user(s) agrees not to bring any action or claim against LearningTigers for Reviews such disclosure.

11.8 By agreeing to this Tutor’s Agreement, the Tutor consents that the personal information collected will be processed in accordance with the Privacy Policy.

12. Content

12.1 Tutor may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin or other content.

12.2 LearningTigers reserves the right, but not the obligation, to remove or edit Reviews such content, but does not regularly review posted content. If a Tutor posts a content or submit material, and UNLESS LearningTigers indicates otherwise, the Tutor is deemed to have a granted LearningTigers a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

12.3 Tutor is deemed to have granted LearningTigers the right to advertise Tutor’s products through the content in the Website, which would include the information of the product itself and some information regarding the Tutor. Tutor shall review the content on the Website from time to time to ensure the accuracy of the products listing.

12.4 Tutor is deemed to have granted LearningTigers and sublicenses the right to use the name that Tutor submits in connection with such content, if he or she chooses. Tutor represents and warrants that Tutor owns or otherwise controls all of the rights to the corresponding contents posted by themselves in the Website; that the content is accurate; that use of the content supplied does not violate the Policies and will not cause injury to any person or entity; and that the Buyer will indemnify Tutor for all claims LearningTigers the resulting from content supplied. LearningTigers has the right but not the obligation to monitor and edit any activity or content. LearningTigers takes no responsibility and assumes no liability for any content posted by Learning Tigers on behalf of Tutor.

13. Other Businesses

13.1 Parties other than LearningTigers may, operate stores, provide services, sell products or list advertisement on the Website, and this site may link to sites of affiliated companies and on certain other companies.

13.2 LearningTigers is not responsible for examining or evaluating, and also does not provide any representations or warranties the Products or businesses or individuals or the contents of their web sites.

13.3 LearningTigers does not assume any responsibility or liability for the actions, Product and content of any such affiliated companies and any other third parties. Tutor should also carefully review the privacy policy and the statements and other conditions of use of such links.

14. Release

14.1 If a Tutor has dispute with one or more Buyers, the Tutor hereby releases LearningTigers, and our officers, directors, agents, subsidiaries, joint ventures and employees, from 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.

15. Access and Interference

15.1 Much of the information on the sites is updated on a real time basis and is proprietary or is licensed to LearningTigers by Website users or third parties. Tutor agrees not to use any robot, spider, scraper or other automated means to access the Web site for any purpose without the prior written permission LearningTigers. Additionally, Tutor agrees that he or she will not:

1. Take any action that imposes or may impose, in LearningTigers’ sole discretion, an unreasonable or disproportionately large load on the Website’s infrastructure;

2. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for Tutor’s own Information, from the Website without the prior written permission of LearningTigers Expressed and the NAMAs third party, as applicable;

3. Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website

16. Indemnity

16.1 Tutors hereby indemnify and hold LearningTigers, and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys’ fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any third party due to or arising out of Tutor’s breach of this Agreement, or Tutor’s violation of any law or the rights of a third party.

17. No Warranties

17.1 Tutor will not hold LearningTigers responsible for other Users’ content, actions or inactions, or Product listed by Users, including content they post.

17.2 Tutor acknowledges that LearningTigers and the Website is not a traditional online shopping service provider or Auctioneer. Instead, LearningTigers and the websites provide a learning marketplace where Buyers and Tutors to carry out transactions between Buyers and Tutors.

17.3 LearningTigers is only responsible for operating and managing the website and making reasonable efforts in order to maintain efficient services on the website. LearningTigers and the website are not involved in the actual transaction between buyers and Tutors. LearningTigers and the Website have no control over and do not guarantee the quality, safety or legality of the products advertised, the truth or accuracy of users’ content or listings, the ability of Tutors to sell products, the ability of buyers to pay for the product(s), or that a buyer or Tutor will actually complete a transaction. LearningTigers and the Website does not transfer legal ownership of products from Tutors to the buyer.

17.4 LearningTigers can not guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of LearningTigers’ control.

17.5 Accordingly, to the extent that is legally permitted, excludes all implied warranties LearningTigers, terms and conditions. LearningTigers is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of Tutors use of the web site and services. all materials, information, software, products, services and other content contained in this website, or from a linked site obtained provided is to the user “as is” without warranties or conditions of any kind, express or whether implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. LearningTigers has made reasonable efforts to post current and accurate information on this website; however, LearningTigers assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information provided in this website. Under no circumstances will LearningTigers be liable for any loss or damage by the user’s caused by reliance on information obtained through this website. It is the user’s responsibility to evaluate the accuracy, completeness or usefulness of any information provided and use of this website is solely at the user’s own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above may exclusions limitations or not apply to some users.

18. Limitation of Liability

18.1 Specifically Tutor agrees that LearningTigers shall not be responsible for unauthorized access to or alteration of their transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this website.

18.2 Specifically Tutor agrees that LearningTigers is not liable or responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.

18.3 Specifically Tutor also agrees that LearningTigers is not responsible for any content sent using the communication services and/or included in this site by any third party.

18.4 In no event shall LearningTigers be liable for any special, incidental, indirect, or consequential or punitive damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, including without limitation, those resulting from: (1) reliance on the materials presented, (2) costs of replacement products, (3) loss of use, data or profits, (4) delays or business interruptions, (5) and any theory of liability, out of or in arising connection with the use of, inability or to use this website, whether or not LearningTigers has been advised of the possibility of such damages.

19. Termination

19.1 Tutor may terminate his/her association with LearningTigers at any time, provided Tutor does have any active students. However, at least one-month written termination notice is required if Tutor has active students. This is to ensure our students get proper notice and can plan for their future learning classes.

19.2 This Agreement will be terminated forthwith by either Party by written notice in any of following events:

a. If Tutor’s membership status in the website is terminated and/or revoked; or

b. If the other shall be in breach of any of the terms and conditions of this Agreement and/or the Terms & Conditions and/or Policies and fails to remedy the same within 60 (sixty) calendar days of being required by the other Party in writing; or

c. If either Party is Unable to pay its debts or a petition for winding up is presented or it goes into liquidation or judicial management or compounds with its creditors or a receiver Generally is appointed over all or any part of its assets or suffers any execution over Reviews such assets. However, the Parties agree that either Party shall be Entitled to undergo reorganization and / or amalgamation etc. and the other Party shall not be entitled to terminate this Agreement on account of reorganization and / or amalgamation; or

d. If either Party can not comply with, or obtain or maintain any Necessary authorizations, licenses or registrations required for the performance of its duties as stipulated hereunder; or

e. If either Party negligently or willfully does anything that is materially harmful to the goodwill or reputation of the terminating Party.

20. Miscellaneous

20.1 If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed severable and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of the relevant section.

20.2 LearningTigers’ failure to act with respect to a breach by Tutors or others does not waive LearningTigers’ right to act with respect to the same, subsequent or similar breaches.

20.3 LearningTigers does not guarantee that LearningTigers will take action against all breaches of this Agreement. The execution, validity, interpretation and implementation of this Agreement shall be governed and construed in accordance with the laws of the Malaysia.

20.4 If there is a difference in opinion arising as a result of the implementation of this Agreement, the Parties agree to resolve by deliberation to reach a consensus. In the event that the settlement through deliberation to reach a consensus is not reached within sixty (60) calendar days or any other periods as agreed between the Parties.

20.5 LearningTigers may amend this Agreement at any time by posting the Amended terms on the Web Site. Except as stated elsewhere, all Amended terms shall automatically be effective 14 (fourteen) calendar days after they are initially posted.

20.6 This Agreement sets forth the entire understanding and agreement between LearningTigers and Tutor with respect to the subject matter hereof.

Support: info@LearningTigers.my