Introduction

Welcome to Core Consult Resources. This App is published by or on behalf of Core Consult Resources Ltd; a company registered in Malaysia under company number SA whose registered office at No 13, Jalan Ubin U8/19F, Bukit Jelutong, 40150 Shah Alam, Selangor, Malaysia.

By downloading or otherwise accessing the App, you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy. If you have any queries about the App or these Terms, you can contact us by any of the means set out in the contact us section of these terms. If you do not agree with these terms, you must stop using the App immediately.

General

The App is made available for your personal use. The App must not be used for any commercial purpose  or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable Malaysia laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but not limited to, you agree not to:

(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or

(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or

(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.

Competitions

If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by Core Consult Resources from time to time (“Competition Rules“) and by the decisions of Core Consult Resources, which are final in all matters relating to the Competition. Core Consult Resources reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

Content

The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Core Consult Resources or its group companies. All rights are reserved. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Core Consult Resources’s express permission.

The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by Core Consult Resources or its group companies or third party partners of Core Consult Resources. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Core Consult Resources or the relevant group company or the relevant third party partner of Core Consult Resources.

Payment Processing

Payment processing services for Parents, Students, and Tutors on Core Consult Resources are provided by SecurePay and ToyyibPay and are subject to the SecurePay and ToyyibPay Connected Account Agreement, which includes the Securepay and ToyyibPay Terms of Service (collectively, the “SecurePay and ToyyibPay Services Agreement”). By agreeing to these terms or continuing to operate as a user on Core Consult Resources, you agree to be bound by the SecurePay and ToyyibPay Services Agreement, as the same may be modified by SecurePay and ToyyibPay from time to time. As a condition of Core Consult Resources enabling payment processing services through SecurePay and ToyyibPay, you agree to provide Core Consult Resources accurate and complete information about you, and you authorize Core Consult Resources to share it and transaction information related to your use of the payment processing services provided by SecurePay and ToyyibPay.

Core Consult Resources’s Rights & Responsibilities

1. To help Tutors and Students meet, by allowing Tutors to advertise their professional tuition services.
2. To maintain a functioning App, including communication systems, a booking platform, Online Classroom and payment processing, wherever possible.
3. To communicate any planned maintenance of the App or downtime.To
4. reasonably endeavour to keep the site free from viruses and worms.
5. To reasonably endeavour to check the identity of all Tutors, and the DBS disclosures of Tutors with DBS Checked Status where applicable.
6. To decide when a Tutor’s profile is sufficiently complete to be set live and be accessible by other Users.
7. To communicate new Bookings, confirmation of Bookings, and Cancellations, to both Students and Tutors via email.
8. To process each Student’s payments on behalf of the Tutor promptly, and usually within 7 days of a Lesson, when there is no Complaint.
9. To investigate Complaints to a reasonable degree by promptly informing Students and Tutors of issues raised and allowing them to represent themselves by email.
10. To process refunds promptly in the event that lessons do not take place or a complaint is upheld.
11. To take precautions we consider reasonable to protect Student’s and Tutor’s information. Core Consult Resources cannot be held liable for unauthorised access to information by Students or Tutors.
12. To monitor postings made on the App and messages sent between Students and Tutors. We do so in the hope of helping Students and Tutors meet, but also to stop misuse of the site, as set out in these terms and conditions. Interaction between students and tutors can be shared with relevant third parties including parents, guardians and schools to ensure the safety of students and tutors that use Core Consult Resources.

User Responsibilities

As defined at the end of this document, a “User“ means a person who uses our platform  (whether or not registered with us).

1. Users are responsible for their own security in conjunction with our services, both online and offline.
2. Users are solely responsible for the material they post on the App, including messages sent, and must not post defamatory, offensive or illegal material.
3. Users must immediately report any defamatory, offensive or illegal material they view on our App.
4. Users must exercise their own judgement regarding the accuracy of information provided on the App. Core Consult Resources cannot guarantee that all of the content on the App is complete, accurate or up-to-date.
5. Users are responsible for their own internet security when using the App.
6. Users must contact Core Consult Resources immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified Core Consult Resources.
7. Users must not use the site with the intention of disintermediating Core Consult Resources in any way. Users must not use the website with the intention of disintermediating Core Consult Resources in any way. Users must not promote opportunities or services of any company other than Core Consult Resources.
8. Users agree to abide by the Privacy Policy provided by Core Consult Resources.
9. Any User who fails to meet these terms and conditions may be barred from using the App and related services.

Student/Parent Responsibilities

A “Student” means a User who has registered a Student account on the App.

A “Parent” means a User who has registered a Parent account on the App.

1. Core Consult Resources takes no responsibility for the actions of Students, Parents, or Tutors and is solely responsible for its own actions.
2. Students must be 18 years old to book a Tutor for themselves, or be represented by a parent or legal guardian who gives consent for them to receive tuition. Students/Parents must ensure that all of their personal details and contact information are accurate and up-to-date. Core Consult Resources is not responsible for any dispute regarding parental consent.
3. Students must be at least 13 years old to use Core Consult Resources. Students under the age of 13 must have parental consent.
4. When a booking is confirmed, Students/Parents enter directly into a contract with the Tutor. The terms and conditions within this document cover all interaction between the Students/Parents and Tutors.
5. When a confirmed booking exists, Students/Parents must ensure that they have a valid debit/credit card registered on our App, with sufficient funds to cover the bookings they have confirmed.
6. Students/Parents must not pay the Tutor directly. All payments must be made through Core Consult Resources.
7. Students/Parents agree that there will be no attempts to disintermediate Core Consult Resources in any way, either at the time of booking or at any point in future and that all future Lessons with a Tutor found through the App will be booked through Core Consult Resources.
8. Students/Parents must ensure that they have given enough information to the Tutor, including their correct address, to allow the Lesson to take place. If a Lesson is to take place at the Student/parent’s home, the Student/Parent must ensure a suitable setting for tuition.
9. Students/Parents must use their own judgement about the services of Tutors detailed on the App. Students are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Tutor with whom they confirm a booking.
10. Students/Parents are responsible for checking that Lessons booked by Tutors on their behalf are done so correctly and understand they will be informed of these Lessons by email and through the app.
11. Students/Parents are responsible for ensuring that they have the correct equipment to be able to access the online lessons prior to an Online Lesson. No refunds will be made in the event that Students/Parents are unable to access the Online Classroom for whatever reason.
12. Students/Parents must ensure that all written communication with Tutors takes place through Core Consult Resources. Students/Parents are not permitted to share any personal contact information, including contact numbers and email addresses.
13. Any Students/Parents who fails to meet these Terms and Conditions may be immediately barred from using the App and related services. Core Consult Resources reserves the right to cancel any existing bookings.

Tutor Responsibilities

As defined at the end of this document, “Tutor” means a User who has registered a Tutor account on the App.

1. Tutors are not employees of Core Consult Resources and are solely responsible for their own actions both on and off the platform.
2. Tutors must be at least 18 years old.
3. Tutors must be legally entitled (possessing the relevant immigration status) to work in Malaysia on a self-employed basis.
4. If Tutors contact Students who are under 18, they must ensure that these learners are represented by a parent or legal guardian who gives consent for the Student to receive tuition.
5. Tutors are responsible for ensuring that the personal information they provide and their personal statements on the app are accurate and in no way misleading. They must update this information to maintain its accuracy.
6. Tutors must disclose any criminal convictions or cautions they may have to Core Consult Resources.
7. Tutors must use their own judgement about whether they wish to offer their tuition services to each individual Student. Tutors should take every precaution to ensure that they work in a safe environment and are responsible for their own insurance policies to cover the work they undertake.
8. Tutors fees are set by the company. Tutors must not knowingly charge a fee which is not in line with their level of expertise or experience.
9. Tutors agree that they will be ranked based on a mixture of profile data, Student ratings and number of lessons taught. Positive Student ratings, prompt messaging, repeat bookings and a greater amount of lessons taught will contribute to tutors being ranked higher on our search engine results.
10. Tutors should respond to messages received from Core Consult Resources and Users promptly.
11. We may retain personal data from closed accounts for a maximum of 24 months in order to comply with legal obligations, enforce our terms and conditions, prevent fraud, collect any fees owed, resolve disputes, and assist with any investigations and take other actions as permitted by law.
12. Tutors must only book Lessons in accordance with the instructions of their Students. If Tutors book additional Lessons which they fail to deliver, they will be liable to repay any funds received as a result.
13. Tutors must not complete coursework, or any similar assignments, on behalf of Students.
14. Tutors must ensure that all written communication with Students takes place through Core Consult Resources. Tutors are not permitted to share any personal contact information, including contact numbers and email addresses.
15. Tutors shall indemnify Core Consult Resources for all claims and liabilities arising out of any use by the Tutor of the App, including costs and expenses incurred.
16. Any Tutor who fails to meet these Terms and Conditions may be immediately barred from using the App and related services. Core Consult Resources reserves the right to cancel any existing bookings, at any time.
17. Tutors are responsible for managing their own taxes included, but not limited to, VAT, SST, GST and income tax. Core Consult Resources does not generate any revenue from lesson bookings.

Disclaimers and Limitation of Liability

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for anything which may not legally be excluded or limited.

1. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
2. If you are a User, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
   • there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
   • such loss or damage was not reasonably foreseeable by both parties;
   • such loss or damage is caused by you, for example by not complying with this agreement;

If you are a User, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our App (subject of course to our obligation to mitigate any losses).

The following clauses apply only if you are not a Consumer:

• To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
• Our liability of any kind (including our own negligence) with respect to our App for any one event or series of related events is limited to £100 or the total fees payable by you in the 12 months before the event(s) complained of, whichever is higher.
• In no event (including our own negligence) will we be liable for any:
  • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  • loss of goodwill or reputation;
  • special, indirect or consequential losses; or
  • damage to or loss of data (even if we have been advised of the possibility of such losses).
• You will indemnify us against all claims and liabilities directly or indirectly related to your use of the App and/or breach of this agreement.
• This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

Changes to the terms and conditions

You will be bound by the revised agreement, if you continue to use our App or the Services following the effective date shown.

Governing Law & Jurisdiction

1. These terms and conditions shall be governed by Malaysia law and any disputes will be decided only by the courts of Malaysia.
2. If any clause or part of these terms and conditions are found to be unenforceable in law, the other terms and conditions will remain in force.

User Content

We do not claim any ownership rights in your User Content. After uploading your User Content to this Website, you continue to retain all ownership rights in such User Content and you continue to have the right to use your User Content in any way you choose.

By uploading any User Content to or on this Website, you grant us a perpetual, royalty free, worldwide, sub-licensable, non-exclusive, irrevocable licence to use, reproduce, distribute, perform, display or electronically transmit the User Content, whether in its original form or as adapted by us, on this Website and to our associated companies, advertising networks, distribution partners, affiliates and third party service providers.

You agree to waive any moral rights you have in User Content (including the right to be identified as the author) so that we may adapt the User Content freely and without restriction.

We may display advertisements relating to or in connection with your User Content and use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on websites and advertising networks, distribution partners, affiliates and third party service providers.

Your User-Uploaded Content

You represent and warrant that: (i) you have the right to upload Content to Core Consult Resources Resources and grant the rights set out in the licences herein (ii) either you own the intellectual property rights in and to the User-Uploaded Content uploaded by you or you are acting as an agent for those who do (and whosoever downloads your content adheres to any licences referenced herein, will not infringe the rights of any third parties) and (iii) any User-Uploaded Content you upload to Core Consult Resources Resources is compliant with both these Additional Terms and the General Terms.

Please note that User-Uploaded Content should not contain any content which has been copied, in whole or in part, from third party materials without the consent of the third party owner. Any such use of third party materials may amount to copyright infringement.

In the event that you remove your User-Uploaded Content from Core Consult Resources, from the date of the removal, the licence(s) granted by you in these Additional Terms will be deemed to have been terminated (save as otherwise provided herein).

Please note that people who have downloaded or otherwise made use of your User-Uploaded Content prior to its removal, or your re-license under an alternative licence, will continue to have those rights that you granted to them at the time of their purchase and/or download of the relevant User-Uploaded Content. Any deletion or re-license shall simply remove Core Consult Resources Education Resources right to make further sales of said materials.

Infringing User-Uploaded Content

In the event that we discover that User-Uploaded Content in use by you infringes the rights of any third party and notify you of this, you are required to, and undertake that you shall, immediately cease all use of the infringing Content, promptly delete and/or destroy any copies of such infringing Content and procure the deletion and/or destruction of any copies of it that you have made available to others.

Content Storage

We reserve the right to establish general practices and limitations regarding the storage of content on this Website, including the maximum number of days that messages, in-mails, postings or other content will be retained by us on the Platform, the maximum number of messages or in-mails that may be sent by or received by an account and the maximum size of messages, in-mails, postings or other contents.

We shall not be held responsible or liable for the deletion or failure to store any messages, communications or other content maintained or transmitted by or under Your Account or any other part of this Website.

Subscriptions

We reserve the right to change or withdraw features, specifications, services and content of a Service Plan at any time, without notice to you. Please note that the content and features of a Service Plan may vary based on when you signed up and whether you have signed up through our website or via the App. The Core Consult Resources Services offered via the App may only contain a limited version of the web based services.

Some Service Plans require payment before you can access them and certain areas of use are only permitted if you have signed up for a Paid Subscription or entered into a separate agreement with Core Consult Resources. If you have signed up for Paid Subscriptions, you may get access to features that are not available through Core Consult Resources Basic and you may use the Services for commercial purposes, only if and to the extent such commercial use is permitted under the selected Service Plan.

We may, at our own sole discretion, offer trials of Paid Subscriptions for a specified period without payment or at a discounted rate (a “Trial”). We reserve the right to revoke the Trial and put your account on hold in the event that we determine that you are not eligible. For some Trials, we’ll require you to provide your payment details to start the Trial. We will charge you on a recurring basis for the selected subscription fee at the end of the Trial using the payment details you have provided us, unless you cancel your subscription prior to the end of the Trial.

You have provided your payment details in conjunction with the Trial and you accept that we charge you using such payment details. If you do not want this charge, you must cancel your Paid Subscriptions by contacting Core Consult Resources before the end of the Trial. If you do not want to continue to be charged on a recurring weekly, monthly or annual basis (as the case may be, depending on your Service Plan), you must cancel the applicable paid subscription by contacting Core Consult Resources before the end of the recurring weekly, monthly or yearly period. Paid Subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Core Consult Resources will not refund any fees that you have already paid.

If you cancel your Paid Subscription, the cancellation will take effect on the day after the last day of the current subscription period, after which you will be downgraded to Core Consult Resources Basic. We will not refund any subscription fees already paid to us.

Core Consult Resources may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Core Consult Resources Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect, in which case you will be downgraded to Core Consult Resources Basic.

We do not provide any refunds if the price for a Paid Subscription drops, or if we offer subsequent promotional pricing or change the content or features of a Service Plan. Paid Subscriptions purchased through other platforms are subject to the refund policies of those platforms. Core Consult Resources cannot be held responsible for these platforms’ policies.

If a user starts a subscription using in app purchases, they can manage them directly on their device. Core Consult Resources does not cancel, subscribe or renew subscriptions on behalf of users who have completed in-app purchases.

Where users have completed a subscription using a debit or credit card, they can contact Core Consult Resources directly for queries, or manage their subscription via the relevant settings in our product.