Terms & Conditions

INTRODUCTION

These Terms of Use (“Terms”) govern your use of the BanPasa.com website, located at BanPasa.com, any mobile applications, and services (“Site”) provided by BanPasa.com.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE, DOWNLOADING, INSTALLING, OR USING OUR MOBILE APPLICATION. BY ACCESSING, REGISTERING, OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS SET FORTH BELOW AND THE PRIVACY POLICY. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE DISCLAIMERS AND PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS SITE OR DOWNLOAD OUR MOBILE APPLICATION.

WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

GENERAL

1. General terms

BanPasa.com provides this Site to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors”), and to any other entity like “Tuition Centers” on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors, or any person or entity (Tuition Centers) who views, uses, accesses, browses, or submits any content or material to the Site. The Terms are effective upon acceptance and govern the relationship between you and us including the provision of any of the Services on our Site. In the event the Terms conflict with any other document/policy/content on our Site, the Terms will prevail over them for the purposes of usage of the Site. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If you do not agree to be bound by the Terms and the Privacy Policy, you may not use our Site in any way and should exit immediately.

If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

2. Services

You are responsible for your acts and omissions. The Site is only a venue to connect Students and Tutors. In the event that you have any dispute with another user, you release BanPasa.com (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors, and assigns) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. As independent contractors hired by Students, Tutors, or representatives of the tuition centers control the methods, materials, and all aspects of the lessons.

We only support the decisions and choices made by Tutors or Tuition Centers. These decisions and choices are yours. We cannot make decisions for you. We only help you find a good Tutor and connect with Tutors. On our Site, you can ask and find informational questions and related educational answers by Tutors. Students are responsible for selecting the right tutor or tuition center for their needs. In making hiring decisions, Students should review and investigate each tutor’s self-reported credentials, education, and experience, as well as reviews from other students. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.

The information provided on BanPasa.com regarding tutors, tuition centers, courses, etc., has been compiled by assimilating data from various educational websites, which are available in the public domain. The details provided are for general information only. We update the data regularly to ensure that the information you receive from our website is accurate. For additional requirements of education-related information displayed on our website, we recommend you contact the respective tuition centers.

BanPasa.com controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. BanPasa.com services may not be available in your location, and available services may vary among locations. In addition, BanPasa.com will attempt to deliver all correspondence sent via the Site’s messaging system. BanPasa.com does not, however, guarantee delivery of all messages.

BanPasa.com reserves the right to withdraw or modify aspects of the BanPasa.com service, or the entirety of it, when and where we have legal or commercial reasons to do so. There may also be times when the BanPasa.com service becomes inaccessible as a result of technical difficulties experienced by BanPasa.com or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.

3. Restricted Activities

You acknowledge and agree that BanPasa.com’s services are provided for the purpose of facilitating education and not for any illegal purposes. You agree not to use the Site to hire tutors for illegal purposes such as completing assignments, writing test/exam papers, taking quizzes, or otherwise doing work on your behalf. Further, you agree not to use BanPasa.com’s services for any purpose that violates the academic honesty policy or other conduct policies of your school, college, university, academic institution, or workplace. You agree not to use the Site to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site or Mobile Application to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by BanPasa.com in its sole discretion.

Without our written consent, you may not: (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (v) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

4. Eligibility and conduct

If you are a minor, i.e., under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. If you are below the age of 18, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such a minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such a child. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein. You agree: (a) to provide accurate, current, and complete information about yourself as may be prompted by a registration form on the website (“Registration Data”); (b) to maintain the security of your password and identification; (c) to maintain and promptly update the Registration Data and any information you provide to BanPasa.com, to keep it accurate, current, and complete; and (d) to accept all risks of unauthorized access to information and Registration Data.

You may submit feedback regarding your experiences with Tutors or Tuition Centers on our Site or Mobile Application, submit inquiries concerning possible educational needs, and participate in the other interactive and community features of the Site (collectively “Submitted Content”). It is important that you act responsibly when providing Submitted Content. In providing feedback, please give clear, honest information about the Tutors or Tuition Centers and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments, or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or Tutor or Tuition Centers may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.

You acknowledge and agree that by submitting the Submitted Content to us, you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submitted Content throughout the world in any media, now known or hereafter created without attribution, (ii) grant us the right to pursue at law any person or entity that violates Your and/or our rights in Your Submitted Content, and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submitted Content, including, without limitation, any and all rights or requirements of attribution or identification of You as the author of the Submitted Content or any derivative thereof. You further acknowledge and agree that Your Submitted Content is non-confidential and does not contain proprietary information.

Except as described in our Privacy Policy, we will not be required to treat any of Your Submitted Content as confidential, and you acknowledge and agree that we may use in connection with our business any of the concepts and ideas contained in Submitted Content without compensation to you and we will not incur any liability to You as a result of any similarities between concepts and ideas contained in Submitted Content and our future operations and business. Except as otherwise set forth in these Terms, we will be entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to You or any other person.

Submitted Content, including personally identifiable information contained therein, is made voluntarily and is subject to the Privacy Policy. You are responsible for Submitted Content and agree to defend us, indemnify, and hold us harmless from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which we may incur as a result of Submitted Content.

With respect to Submitted Content, you acknowledge, warrant, and agree that:

a) If Submitted Content concerns Tutors or Tuition Centers, Submitted Content will be true and accurate, only concern or relate to the care or service that You, Your minor child, or Your ward received from the Tutors or Tuition Centers being reviewed, that You are not related to or employed by the Tutors or Tuition Centers being reviewed, and that You are not impersonating any other person;

b) If You are a Tutor or Tuition Centers submitting or editing any Submitted Content, Your Submitted Content will be true and accurate, You are the Tutor or Tuition Centers specifically identified in the Content being submitted or edited, and Your Submissions will only concern You and the services that You provide.

c) If You are a person authorized by a Tutor or Tuition Centers to submit or edit Submitted Content specifically related to that Tutor or Tuition Centers, Submitted Content will be true and accurate, You are authorized by the Tutor or Tuition Centers identified in the Submitted Content or edited to make such edits, and Submitted Content will only concern that Tutor or Tuition Centers and the services provided by that Tutor or Tuition Centers.

d) You have the right to make Submitted Content without violating the copyright, trademark, patent, or other intellectual property rights of any person or entity, and Submitted Content will not contain any content, personally identifiable information (other than the name of the Tutor or Tuition Centers being reviewed), information, or materials of any kind that relates or refers to any other person or entity other than the person or entity being reviewed;

e) Submitted Content will not violate any law or infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (i) libel, defame, or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or contrary to the laws of any place where such Submissions may be accessed, (iv) constitute personal attacks on other individuals, (v) infringe the intellectual property, trade secret, or proprietary rights of any third party, (vi) promote criminal or other illegal activity, (vii) promote or advertise any person, product, or service or solicit funds, or (viii) are deemed confidential by any contract or policy.

You are permitted to post only one Submitted Content regarding the same Tutor or Tuition Centers, entity, procedure, or subject during any thirty-day period.

We reserve the right to publish your Submitted Content as part of the Service and to also remove your Submitted Content for any reason. We are not, however, responsible for any failure or delay in removing Submitted Content.

We do not provide the Submitted Content on the Site. It is users of the Site who provide Content on the Site. The Tutors or Tuition Centers determine which questions to answer; they are not employees or agents of BanPasa.com but are independent service providers using the Site to provide their expert knowledge to users of the Site.

We are not involved in any conversations between users and do not refer you to or endorse or recommend particular Tutors or Tuition Centers. You understand and acknowledge that we cannot and do not edit, modify, filter, screen, monitor, endorse, or guarantee the content on the Site. We shall not be liable for any acts or omissions of Tutors or Tuition Centers, Content, the ability of Tutors or Tuition Centers to answer questions, or the ability of Students to pay for tuitions. We do not ensure that users will complete a transaction.

By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Site: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use; (c) neither you nor anyone in your home: (i) has been the subject of a complaint, restraining order, or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse, or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you nor anyone in your home is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse, or domestic violence offenses.

By using the Site, you understand and agree that BanPasa.com may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that BanPasa.com may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.

You hereby authorize BanPasa.com to verify the above representations and warranties by you and you acknowledge and agree that BanPasa.com shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks, and/or use of available public records. You consent to any collection, use, or disclosure in order to accomplish such verification. You further agree that BanPasa.com may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.

The preceding paragraph notwithstanding, you understand and agree that BanPasa.com does not conduct background checks of any User. You also understand and agree that BanPasa.com neither confirms nor denies the validity of information provided by Users and that BanPasa.com does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.

BanPasa.com expressly disclaims, and you expressly release BanPasa.com from, any and all liability whatsoever for any controversies, claims, suits, injuries, and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness, or incompleteness regarding a User’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.

BanPasa.com reserves all of its rights to remove anything objectionable to BanPasa.com in its sole discretion. Alleged improprieties by any User may be reported to BanPasa.com by email at support@BanPasa.com

5. Fees & Refunds

BanPasa.com may at its sole discretion revise or change the subscription and connect rates without any prior notification. Refunds will be made at the sole discretion of BanPasa.com.

6. Third party reports

BanPasa.com may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“consumer reports”). BanPasa.com does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. BanPasa.com does not independently verify information in the consumer reports.

You hereby consent to BanPasa.com collecting, using and disclosing the information in the consumer reports. You understand and agree that BanPasa.com may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that BanPasa.com shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. BanPasa.com reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in BanPasa.com’s sole discretion.

7. Confidentiality of BanPasa.com information

You may obtain direct access via the Site to certain confidential information of BanPasa.com and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with BanPasa.com and its affiliates.

The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from BanPasa.com, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to BanPasa.com adequate to afford BanPasa.com the opportunity to object to the disclosure.

8. Terms of transacting business

You understand and agree to abide by BanPasa.com’s tutor and student payment policies. You agree that you are willing to pay all costs associated with the services through BanPasa.com. These costs include, but are not limited to: (a) a tutor’s hourly rate as listed; (b) travel and transportation fees (if applicable and agreed); (c) cancellation fees as described in a tutor’s cancellation policy, which can be found on a tutor’s profile on the Site; (d) the booking service fees between the Student and BanPasa.com; (e) the commission arrangement between the Tutor and BanPasa.com; and (f) the commission arrangement between the Institute and BanPasa.com for course and event booking fees.

9. Advertisements and promotions

BanPasa.com may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than BanPasa.com found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. BanPasa.com is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such non-BanPasa.com advertisers on the Site.

10. Third Party links

Placement of information, logos, links, or names of Tutors or Tuition Centers or any other third-party entities on the Site does not constitute an endorsement or warranty of their services or opinions or their products. You take full responsibility for a decision to visit or patronize any such entity and hold BanPasa.com harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and BanPasa.com or between any User including Tutor or Tuition Centers or any other third-party entities and BanPasa.com by formation of this Agreement or by your participation on the Site.

We do not control the information provided by Tutors or Tuition Centers or any other third-party entities or users, which you may find to be offensive, harmful, inaccurate, or deceptive.

YOU ARE RESPONSIBLE TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY OPINION, ANSWER, OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

11. Text message & PUSH notifications

We send various text messages and PUSH notifications for new student messages, new message reminders, job opportunities, and more (“Text Message Program”). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.

Your mobile phone carrier’s standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.

12. Intellectual property rights

BanPasa.com grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for the services as provided herein and in accordance with these Terms of Use and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright, or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material into any database, compilation, archive, or cache. Except as specifically authorized by BanPasa.com, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process, or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. BanPasa.com reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from BanPasa.com. You may like or follow BanPasa.com or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved. Except as expressly authorized by BanPasa.com or by content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You must not modify, decompile, or reverse-engineer any software BanPasa.com discloses to you, and you must not remove or modify any copyright or trademark notice or other notice of ownership. “BanPasa.com Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, and other designations BanPasa.com uses in connection with its products and services. You may not remove or alter any BanPasa.com Trademarks or co-brand your products or material with BanPasa.com Trademarks without BanPasa.com’s prior written consent. You acknowledge BanPasa.com’s rights in BanPasa.com Trademarks and agree that any use of BanPasa.com Trademarks by you shall inure to BanPasa.com’s sole benefit. You agree not to incorporate any BanPasa.com Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services, or technologies. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute, and download content owned by BanPasa.com on this Site provided that: (a) the copyright notice pertaining to the content remains, and a permission notice (e.g., “used with permission”) is added to such content; (b) the use of such content is solely for personal and non-commercial use; (c) such content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed content.

13. Termination and suspension

BanPasa.com reserves the right to suspend (deactivate) and/or terminate (delete) any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that if you are suspended and/or terminated, you will make no further use of the Site after termination (deletion of profile) or during suspension (deactivation of profile).

14. Disclaimer of warranties

USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. BanPasa.com DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.

BanPasa.com MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE. BanPasa.com MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

15. Limitation of liability

THE SITE OFFERS A MARKETPLACE FOR THOSE SEEKING TUTORING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE TUTORING SERVICES. YOU UNDERSTAND AND AGREE THAT BanPasa.com HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT BanPasa.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT BanPasa.com IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. AS SUCH, BanPasa.com 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 SITE.

USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. BanPasa.com WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. BanPasa.com 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 BanPasa.com HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT BanPasa.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT BanPasa.com IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, BanPasa.com EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES BanPasa.com 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 SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.

TO THE FULL EXTENT PERMITTED BY LAW, BanPasa.com 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 SITE, EVEN IF BanPasa.com 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 SITE; (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 SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, 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 THE 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 BanPasa.com’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 (A) THE AMOUNT PAID BY YOU TO BanPasa.com OR A BanPasa.com PARTNER, IF ANY, OR (B) THB 1000 (WHICHEVER IS LESS).

YOU AND BanPasa.com AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND BanPasa.com AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 16.

16. Assumption of risk

You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in BanPasa.com’s Tutor and Student Safety Tips when interacting with other users.

17. Indemnification

You agree to indemnify, defend, and hold harmless BanPasa.com and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable lawyer’s fees and court costs, incurred by BanPasa.com in any way related to your (a) acts and/or omissions on or off the site; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Site; (c) breach of these terms of use; (d) disputes with or between other Users; (e) use and/or misuse of the site, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site. You further agree that you will cooperate as requested by BanPasa.com in the defense of such claims. BanPasa.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of BanPasa.com without the written consent of BanPasa.com

18. Injunction

You agree that any material breach of the Terms will result in irreparable harm to BanPasa.com for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, BanPasa.com will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if BanPasa.com seeks such an injunction.

19. Notices; modification and termination of services; amendment of terms

BanPasa.com may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. BanPasa.com reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. BanPasa.com may also delete, or bar access to or use of, all related information and files. BanPasa.com will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. BanPasa.com may amend these Terms at any time by posting the amended terms on this Site.

20. Entire agreement

These Terms constitute the entire agreement between you and BanPasa.com relating to their subject matter and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms, or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use BanPasa.com or third-party products or services.

FOR TUTORS

1. A Tutor warrants that he/she is at least eighteen years of age and has the lawfully necessary educational qualifications and/or experience to provide tuition in the subject/s specified by the Tutor on the Site.

2. A Tutor agrees and understands that he/she is not an employee of BanPasa.com and accepts full responsibility for all Income Tax and other amounts payable in relation to any fees generated from a tuition contract with Student or Parent through the Site. We do not issue any working experience certificate to our registered members.

3. A Tutor understands and accepts that details entered by them on the Site will be publicly visible and may appear in search engines (Google, Yahoo, Bing, etc.) results.

4. A Tutor accepts full responsibility for all information published by him/her or it on the Site and shall indemnify BanPasa.com in relation to any liability incurred by them as a result of any such information.

5. A Tutor undertakes to register for the BanPasa.com service, always providing and using accurate and current information about him/her – including name, address, telephone number/s, qualifications, tutoring experiences, and any other details requested by BanPasa.com.

6. A Tutor will not include personal email, contact numbers, etc. in the form fields like Tutoring Experience, Teaching Style, other topics. Adding contact details except in specific fields is not acceptable under any condition. If Tutor violates this condition, BanPasa.com may in its discretion suspend or terminate account of such Tutor.

7. Tutors are bound to show proof or disclose their qualification details to the reasonable satisfaction of the student or parent party before entering into a tuition engagement and also if and as requested by them, later.

8. BanPasa.com does not guarantee to secure a Tutor for a Student or ascertain any tuition fees on behalf of any tutor or student. We do not provide any guarantee of the number of total enquiries/business which a Tutor will receive during their subscription period.

9. BanPasa.com is not responsible if you are unable to convert tuition enquiries into work, through connects facility. Please check total number of views before you apply for any tuition. The more the number of views, the lesser the chances of getting responses from students. Connect facility generates maximum effectiveness if you respond to the enquiry on the day it has been posted. However, we would not be accountable for any inconvenience caused.

10. BanPasa.com is not responsible if a student’s mobile is switched off when you call, or if students/parents do not respond to your queries. No connects will be refunded in such cases.

11. All tuitions posted on our site are verified to the best of our knowledge. If the student or parent does not disclose any information beforehand, BanPasa.com will not be responsible for the same.

12. A Tutor will accept full responsibility for the hourly rates or prices quoted by them for their services and presented in the exact detail on the Site.

13. We encourage all tutors to accept online payment from students using the Site payment collection system. This system is secure as money will be safe in our account before you can start tutoring.

14. BanPasa.com charges only 15% of the fees collected from the student as per your quoted price or hourly rates. This commission is valid only if the payment has been made using BanPasa.com payment system. We do not charge any commission if a student pays the tutor directly.

15. The money will be added to your account after successful completion of the tuition sessions, following full satisfaction of the student and his/her parent/s.

16. Student will release money only after receiving a request for the same from the tutor.

17. A student can always cancel any booking, but only after the first session. It is the Tutor’s responsibility to impress and convince the student party with his/her teaching abilities and methods.

18. Tutors should not start any tutoring session unless the student agrees to it and funds the session fees through the BanPasa.com payment system.

19. In case of cancellation only after the first session, tutors will not get any payment even if the sessions have been funded beforehand by the students.

20. BanPasa.com will not be responsible for making any kind of payment to tutors if the students or parents have not funded the tuition sessions in advance.

21. Both Student and tutors can ask to verify each other’s addresses and residential details before making any direct payments between themselves. BanPasa.com will not take any responsibility for any sort of direct payments between the two parties.

22. Tutor shall indemnify BanPasa.com from all claims, liabilities, costs and expenses (actual or consequential) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of any use by the Tutor of the Site.

23. A tutor and a tutorial center hereby acknowledge that BanPasa.com is not liable to the Tutor for reimbursement of any fees decided upon as a result of these Terms in the event of any cancellation of any Contract or Tuition for any reason.

24. In responding to feedback of Students posted on the Site a Tutor shall not, in any way, show disrespect towards a Student or his family.

25. Tutors are advised to insist on being paid by students or their parents through the totally safe and sure Payment Protection. BanPasa.com shall not be responsible for any other kind of monetary transaction/s between tutors and students or their parents.

26. We are not involved in any kind of interactions that take place between the tutors and students and hence are not liable for any dispute or disagreement or misinterpretations or arguments arising between the parents/students and the tutors. The parents/students and the Tutors are however free to take feedback and suggestions from us to solve the issue amicably.

27. For all commitments/representations of Tutor to Student other than those which are mentioned on Site Tutor alone would be liable and responsible towards Student and shall also keep us indemnified and harmless against all such claims/disputes.

28. Tutor is expected to conduct himself in a teacher/coach-like manner which is generally prevalent and acceptable in a teacher and student-like relationship.

29. All student information and contact details provided on BanPasa.com are for your personal use only and not to be used for any other purposes in which you are not directly involved. You cannot sell or forward any student data to other tutors. If any Tutor is found to be engaged in such activities, BanPasa.com reserves the right to terminate their membership with immediate effect without refunding any amount if paid.

FOR STUDENTS OR PARENTS

1. A student or parent undertakes to register for the BanPasa.com service, always using accurate and current information about himself/herself – including name, email ID, mobile number, etc.

2. During posting or tuition requirement, students should enter as much detail as possible for better responses from tutors and Tuition Centres.

3. Please note that any tuition requirement posted will be shared with our registered and premium list of tutors and tuition centers, and they may call your number to discuss your tuition requirement. Students or Parents should check tuition profile privacy settings properly to avoid unwanted calls on their mobiles from prospective tutors and tuition centres.

4. Students must pay a tutor through BanPasa.com payment system only, to avoid any kind of misunderstanding and other issues with tutors in the latter stages. Payments with BanPasa.com are safe and will not be released to the tutor without your permission.

5. Students need to book a minimum of 5 (five) sessions, and any booking can be canceled after the first session only. No cancellation will be accepted from the 2nd session onwards, and full payment will be released to the tutor after the successful completion of all sessions, to the satisfaction of the student and his/her parent/s.

6. BanPasa.com does not support or encourage any direct payment to any tutor as that could lead to potential fraud, and we do not take any responsibility for such payments or tutors.

7. Both student and tutor can ask to verify each other’s addresses and residential details before making any direct payments between themselves.

8. Students or Parents are requested not to make a huge advance payment if you do not know the tutor properly or do not have complete proof of his/her current/permanent contact details.

9. BanPasa.com takes responsibility for payment handling only (if funded using BanPasa.com payment system) and not for any tutor’s social or other behavior. BanPasa.com does not guarantee the tutoring quality and style as a tutor. The student acknowledges that it is his/her responsibility to verify the credentials and qualifications of any tutor with whom s/he enters into or proposes to enter into a tuition contract.

10. Students or parents should understand that tutors are not our employees, and we cannot take responsibility for verifying their backgrounds and behaviors. BanPasa.com is just an online marketplace where tutors and tuition centres can advertise their services.

11. Students and their parents are advised to insist on paying the tutor/s through the totally safe and sure Payment Protection Service of BanPasa.com We shall not take responsibility for any other kind of monetary transaction/s between students or their parents and tutor/s.

12. Homework and Assignment help are intended to provide you with guidance on understanding your assignment and not to replace your academic efforts designed to be part of your curriculum. Help is provided on the understanding and agreement that you will use information provided by the Tutors for study purposes only and that you will not submit this information as original student work for course credit or grade.

13. No Tutor can guarantee good grades; therefore, the grade you get cannot be a reason for the student to come back at a later time and demand a refund for services.

14. Student/parent should use caution, good judgment, and proper language when leaving a Review for a Tutor. What you post will be a permanent part of that tutor’s record. Please restrict your review to a Tutor’s teaching-related skills (communication skills, knowledge, patience, clarity, etc.).

15. We are not involved in any kind of interactions that take place between the tutors and students, and hence are not liable for any dispute or disagreement or misinterpretations or arguments arising between the parents/students and the tutors. The parents/students and the Tutors are, however, free to take feedback and suggestions from us to solve the issue amicably.

16. The student is expected to conduct himself in a Student-like manner, which is generally expected and regarded as ideal Student behavior prevalent in the education stream.

17. BanPasa.com would not be liable to offer any compensation or damages of any nature to the Student if BanPasa.com deactivates a Tutor account or if a Tutor discontinues/chooses not to extend tutor sessions.

18. Students should take enough care and make an intuitive decision before taking up an assignment to avoid any kind of repercussions. BanPasa.com would not be responsible and liable for any such unforeseen and unfortunate event, including but not limited to bodily injury, sexual or mental harassment of any nature, if any.