Welcome to iStarry Tutor! Your
use of iStarry Tutor （“services” or “our services”） is subject to these Terms.
Compliance with these Terms These Terms apply to you if you are a user of our
services anywhere in the world other than Singapore (and you are not a citizen of Singapore). If you are: (i) a user of
our services in Singapore;
(ii) a citizen of Singapore using our services anywhere in
the world; or
(iii) a Singapore-incorporated company using our
services anywhere in the world, please refer to the Terms of Service (Singapore Users) for the terms that
apply to you in your use of our services.
You must comply with these Terms in your use of our services and only use our
services as permitted by applicable laws and regulations, wherever you may be
when you use them. You must review these Terms and our policies and
instructions to understand how you can and cannot use our services. If you do
not agree to these Terms, you must not use our services. Contracting Entity By
using our services, you are agreeing to be bound by these Terms of Service
between you and EVERLINKING（SINGAPORE）（“we”, “our” and “us”) (these “Terms”).
Other terms in relation to these Terms If you are under the age of 13, you must
not use our services. If you are between the ages of 13 and 18 (or the relevant
age in your jurisdiction where you are considered a minor), your parent or
guardian must agree to these Terms (both for themselves and on your behalf)
before you can use our services. If you are using our services on behalf of a
company, partnership, association, government or other organization (your “
Organization”), you warrant that you are authorized to do so and that you are
authorized to bind your Organization to these Terms and in such circumstances
“you” will include your Organization. As a ChatPal/ tutor, you can provide
online teaching services or other services within the scope of "iStarry
Tutor" software service platform’s functions, by using "iStarry
Tutor" software service platform for "iStarry Tutor" users.
Also,iStarry Tutor will remit your services charges to your Alipay or PayPal
account after collecting service fee from students. Specific prices, pricing
methods, settlement methods, payment modes, etc. will be publicly notified by EVERLINKING（SINGAPORE） on the "iStarry Tutor" software service platform. EVERLINKING（SINGAPORE） shall
have the right to make adjustments to the aforementioned service prices,
pricing methods or even payment modes according to the platform’s operation
status, and publish a public notification on the "iStarry Tutor"
software service platform. We may translate these Terms into multiple
languages, and in the event there is any difference between the English version
and any other language version of these Terms, the English version will apply
(to the extent permitted by applicable law).
The following are additional
policies that you must comply with in using our services:
- iStarry Tutor Privacy Policy – which sets out how we collect, store and use
your personal information;
If you are a citizen or a habitual resident of the following countries, the
following country-specific terms will also apply to your use of our services:
To the extent that any additional terms of service or policies are different
from these Terms, the relevant additional terms of service or additional
policies will apply, except that nothing in those additional terms of service
or policies will (unless expressly indicated otherwise in those additional
terms of service or policies) amend the following sections of these Terms
(which will apply in the event there is any difference):
- “Changes to these Terms and our services”;
- “Our intellectual property rights and software”; and
- “Liability for our services and software”.
However, to the extent that any country-specific terms differ from these Terms
or any additional terms of service or policies, the relevant country-specific
terms will apply, regardless of which section of these Terms is in question.
3.1. Before you become a iStarry
Tutor user, you shall first register your account by providing true, accurate
and effective personal information. User content and personal information you
entered at the time of registering as a iStarry Tutor user and/or personal
certificates and licenses uploaded must be true and valid, otherwise EVERLINKING（SINGAPORE） shall have the right to reject your
application or revoke your user/service qualification, without any
compensation. Account information filled in during application (including but
not limited to: Real name and identity information, teaching qualification,
etc.) shall be true and valid, otherwise EVERLINKING（SINGAPORE） shall not be liable for losses incurred,
and shall not reimburse for any losses of your rights and interests incurred
due to this. If there is any change in your personal data, please promptly
update your information. EVERLINKING（SINGAPORE）
will review the information you provided within [3] days of updating all
changed information. Your teaching service qualification will be suspended
during the review period.
3.2. By providing service on the platform, you have agreed to intuitu personae,
where you yourself shall be responsible to provide the service and therefore no
substitution of persons, in whole or in part, shall be allowed without prior
consent from EVERLINKING（SINGAPORE）. You are also responsible to keep your
account safe from aforementioned substitutions, regardless of your knowledge of
such actions. You are responsible for properly and correctly using and
maintaining your user account, account information and account password that
you have set at the time of registering your account in EVERLINKING（SINGAPORE）. You shall take necessary and effective
security measures to maintain the safety of your account information and
account password. EVERLINKING（SINGAPORE） shall not be liable in case of any
disclosure of your account password not caused by EVERLINKING（SINGAPORE）, or losses incurred due to improper
storage, use and maintenance of your account information and software service
platform terminal device. iStarry Tutor shall act only as the information
intermediary platform, connecting you and EVERLINKING（SINGAPORE） students, and does not guarantee
authenticity and integrity of any information or content sourced from a third
party other than EVERLINKING（SINGAPORE）. EVERLINKING（SINGAPORE） shall not be liable for any infringement
that may occur due to the aforementioned situation. At the same time, you shall
undertake related legal responsibility for any information and content
generated, uploaded, distributed and disseminated through your user account. In
case of losses to a third party caused by disclosure of your personal password
to others or sharing registered bank account details with others, EVERLINKING（SINGAPORE） shall have the right to take appropriate measures such as
freezing the account or commission, etc. Under serous circumstances, EVERLINKING（SINGAPORE） shall investigate relevant legal liability in accordance
with the law, and it shall not be liable for any such leakage of personal data.
3.3. You can log on to your iStarry Tutor account and check your account
balance and cash withdrawal amount. After you apply for cash withdrawal, the
actual time you receive the amount may be delayed due to third-party payment’s
process. You agree that EVERLINKING（SINGAPORE）
shall not be held liable for the same.
3.4. You have understood and are aware that EVERLINKING（SINGAPORE） will deduct platform charges from your income for
providing platform services, and directly deduct it from your cash withdrawal
amount. Platform will deduct 20% from ChatPal service calls (not including free
volunteer calls), and will deduct 20% from all Tutor service.
3.5. You must abide by the following principles when you use the "iStarry
Tutor" software service platform:
1) Abide by related Singapore laws and regulations.
2) Ensure that you are not in violation of any Singapore laws or regulations in providing services
using "iStarry Tutor" software service platform, or in violation of
any other third party non-compete obligations.
3) "iStarry Tutor" software service platform shall not be used for
any illegal purposes.
4) You shall comply with all related web service network protocols, rules and
procedures.
5) "iStarry Tutor" software service platform shall not be used to
conduct any possible behavior that may result in adverse influence on normal
operation of internet.
6) "iStarry Tutor" software service platform network service system
shall not be used to conduct any behavior unfavorable to EVERLINKING（SINGAPORE）.
7) Without EVERLINKING（SINGAPORE）’s written consent, it is forbidden to use
any EVERLINKING（SINGAPORE） service to conduct sales or other
commercial behavior in the "iStarry Tutor" APP or on the iStarry
Tutor official website.
8) You shall comply with the service rules regularly published by "iStarry
Tutor" software service platform. Should you violate the aforementioned
agreement, EVERLINKING（SINGAPORE） shall investigate your liability for
breach of contract according to law, and shall have the right to recover losses
thus incurred by EVERLINKING（SINGAPORE）.
3.6. You shall not use the "iStarry Tutor" software service platform
to generate, upload, distribute or disseminate sensitive information or
information in violation of national laws and policies, including but not
limited to the following information:
1) Against basic principles defined by the constitution.
2) Endangering national security, leaking state secrets, subverting state power
and under mining national unity.
3) Damaging national honor and interests.
4) Inciting ethnic hatred, ethnic discrimination and undermining national
unity.
5) Undermining national religious policy, and advocating cults and feudal
superstition.
6) Disseminating rumors, disturbing social order and undermining social
stability.
7) Disseminating obscenity, pornography, gambling, violence, murder, terrorism
or abetting crime.
8) Insulting or slandering others, infringing upon lawful rights and interests
of others.
9) Containing other content prohibited by laws and administrative regulations.
3.7. If you do not use your "iStarry Tutor” software service platform
account for a long time after registering, EVERLINKING（SINGAPORE） shall have the right to recover the account, to avoid
wastage of resources. You shall be liable for any problems that may occur due
this.
3.8. When you use the "iStarry Tutor" software service platform to
provide services, you shall promise that the services you provide using "iStarry
Tutor" software service platform shall not be in violation of laws and
administrative regulations and rules of the state, and relevant provisions of
the institution that you work for. Nor shall you violate any agreement,
promise, statement or related documents that you have signed with the
institution that you work for and/or the third party institution. If the
aforementioned promise cannot be upheld, you shall immediately stop offering
your service on the “iStarry Tutor" software service platform, cancel your
service account, or agree that EVERLINKING（SINGAPORE） can
cancel your service account immediately, giving EVERLINKING（SINGAPORE） the right to recover any possible losses thus incurred. If
any future changes in regulations, policies or rules and conventions of the
institution that you work for or of the third party, result in the services you
provide on "iStarry Tutor" software service platform to be deemed
illegal or in violation of regulations and conventions, you shall immediately
notify EVERLINKING（SINGAPORE）, suspend providing the service on the
"iStarry Tutor" software service platform immediately, and cancel
your service account.
4.1. EVERLINKING（SINGAPORE） and its entrusted third party institution shall have the
right to monitor and verify all your activities when you provide services on
the iStarry Tutor software service platform. If your behavior violates
provisions of relevant laws and regulations, or terms of this agreement, or
rules published by EVERLINKING（SINGAPORE） on the iStarry Tutor software service
platform, EVERLINKING（SINGAPORE） and its entrusted third party shall have
the right to request you to rectify your behavior, and shall reserve the right
to suspend your account and investigate your liability.
4.2. You have fully and clearly understood and agreed that EVERLINKING（SINGAPORE） and its entrusted institution shall have the right to
monitor and evaluate any of your service behavior on the iStarry Tutor software
service platform regularly or irregularly. Based on your service evaluation
results and in accordance with current effective performance evaluation system,
EVERLINKING（SINGAPORE） shall the right to terminate this
agreement, suspend your account, impose fines and take other punitive measures.
4.3. EVERLINKING（SINGAPORE） only provides related software services
and order services. Additional equipment related to software services (such as
personal computers, mobile phones, and other devices associated with access to
internet or mobile network) and required fees (such as telephone and internet
fee for internet access, and mobile phone charge for use of mobile network),
etc., shall be borne by you.
4.4. As the only user identity authentication on "iStarry Tutor"
software service platform is your user account, all operations conducted
through your logged in user account shall be deemed as your own behavior.
4.5. If at any time EVERLINKING（SINGAPORE） finds that your personal data and/ or
personal certificates and licenses provided during registration are not real or
effective, or are inconsistent with your actual situation, EVERLINKING（SINGAPORE） shall have the right to unilaterally terminate the service
agreement with you at any time, and reserves the right to close and suspend
your account and investigate liability.
5.1. Given the special nature
of network services (including but not limited to force majeure, network
stability and system stability, technical failure, computer shutdown, computer
virus or malicious network attack and any other technology, internet,
communication lines, content infringement and other reasons), you agree that EVERLINKING（SINGAPORE） shall have the right to suspend or terminate at any time,
part or all services of "iStarry Tutor" software service platform. EVERLINKING（SINGAPORE） will inform you in a reasonable and timely manner if
possible, and try to repair and recover the service at first, if possible.
However, EVERLINKING（SINGAPORE） shall not be liable for any presumptive
economic loss due to failure of your business or service provision thus
incurred, and you shall undertake aforementioned risks.
5.2. EVERLINKING（SINGAPORE） shall regularly or irregularly inspect,
maintain and repair the platform that provides "iStarry Tutor"
software service and related equipment. Any suspension of services due the
above reasons shall be duly notified by EVERLINKING（SINGAPORE） within a reasonable period in advance if possible,
however, EVERLINKING（SINGAPORE） shall not be liable for the same.
6.1. Any texts, images, audios,
videos, software, advertising information and other information contained in
the services provided by EVERLINKING（SINGAPORE）s
"iStarry Tutor" software service platform shall be subject to
protection of copyright, trademark right and other intellectual property right
laws.
6.2. Without consent of the related rights’ owner and EVERLINKING（SINGAPORE）, aforementioned information shall not be shown in any
manner in any other third party platform or used for any other commercial
purpose. Users shall not copy, modify, compile aforementioned content, or
create derivatives of such content.
6.3. During your usage of "iStarry Tutor" software service platform,
you guarantee and declare that you have complete legal copyright or complete
legal authorization for content you have provided to be used for activities on
the "iStarry Tutor" software service platform, and ensure that use of
such works by EVERLINKING（SINGAPORE） shall not be in violation of national
laws and regulations, and shall not infringe legitimate rights and interests of
a third party or assume any obligation. You shall undertake full responsibility
for all consequences due to incomplete information, illegal format, content and
authorization of information you have provided.
6.4. For any content you create or upload while using the "iStarry
Tutor" software service platform, including, but not limited to
handwritten text, texts, images, audios, videos and other data, you agree that EVERLINKING（SINGAPORE） shall have free, permanent, complete global re-licensing
right and permission, and agree that EVERLINKING（SINGAPORE）
can use, copy, modify, publish, translate, disseminate and display such
contents (in part or whole), and include such contents in the current or later
developed products in any other form.
6.5. For any content you create or upload to the "iStarry Tutor"
software service platform, including, but not limited to texts, images, audios,
videos and other data, EVERLINKING（SINGAPORE）
shall have the right to monitor all such user content in real-time, and is
entitled to delete any such content in breach of this agreement based on its
independent judgment, and shall have the right to terminate service platform
usage for related services. EVERLINKING（SINGAPORE）
shall not be liable for any losses or any other consequences incurred by
deleting such user content.
6.6. In case EVERLINKING（SINGAPORE） and its associated institution incur any
losses in the form of compensation, subsidy or payment of fines to a third
party due to contents you created or uploaded that rein violation of the law or
infringe legitimate rights and interests of a third party (direct, indirect,
incidental, punitive, and subsequent losses), you shall undertake the full
compensation liability for the aforementioned losses incurred by EVERLINKING（SINGAPORE）.
7.1. "Privacy"
referred to in this agreement includes personal information of the user
stipulated in Article 4 of Telecom and Internet Users' Personal Information
Protection Regulations, and contents of privacy protection is explicitly
stipulated in the laws and regulations formulated or revised from time to time
in future.
7.2. Protection of your privacy and personal data is a basic policy of EVERLINKING（SINGAPORE）, and EVERLINKING（SINGAPORE） has
setup all kinds of systems, security technology, programs and other measures to
protect your privacy and personal data from being accessed, used or disclosed
without authorization, and shall ensure that it will not disclose registration
information of even a single user. The transfer of non-public information
stored in EVERLINKING（SINGAPORE） while using "iStarry Tutor"
software service platform, to a third party other than cooperative units, or
using information for any illegal purposes is not permitted. Transfer of such
information is permitted only in the following situations:
1) We have obtained your explicit authorization for the same.
2) Based on requirement of relevant laws and regulations.
3) Based on requirements of relevant government departments.
4) To maintain social public interest.
7.3. During the registration for your "iStarry Tutor" software
service platform account or usage of "iStarry Tutor" software service
platform service, you are required to provide necessary information, such as
your email address, your identification card, teacher certificate photos, etc.,
so that EVERLINKING（SINGAPORE） can provide you with account registration
service or conduct user identity authentication. Some of the functions require
you to authorize usage of user recording equipment, etc. If you do not
authorize or provide incomplete information, you will not be able to use the
service or you will be subject to constraints during usage. EVERLINKING（SINGAPORE） undertakes to take measures to protect user's personal
information security for any and all authorization information you provide.
8.1. EVERLINKING（SINGAPORE） has the right to modify any terms of this agreement at any
time. If the content of this agreement has changed, EVERLINKING（SINGAPORE） will publish the revised agreement content on the "iStarry
Tutor" software service platform or notify you of the revised content
through other appropriate means. If you do not agree with the above changes,
you shall have the right to choose to stop using "iStarry Tutor"
software service platform, however, if you continue to use the platform, it
shall be deemed that you have accepted the relevant changes in the terms of
this agreement.
8.2. In case of invalidation of any of the terms and conditions set forth in
this agreement in part or completely, or in case of failure to execute them for
any reason, the remaining terms of this agreement shall remain valid and
binding.
8.3. You shall be liable in case of any losses, claims proposition and lawyer’s
fees’ claim, etc. from a third party, caused by or incurred due to your violation
of any of the provisions of this agreement, and you are liable to fully
compensate EVERLINKING（SINGAPORE） for the same.
8.4. The conclusion, execution, explanation and settlement of disputes of this
Agreement shall be subject to the laws of Singapore and jurisdiction of courts of the
People's Republic of China. If any dispute or controversy occurs due to
contents or execution of this agreement by the two parties, they shall be first
settled amicably through negotiation; if the negotiation fails, any party can
initiate legal proceedings in the People's Court holding jurisdiction in EVERLINKING（SINGAPORE）’s location.
8.5. For issues not mentioned in this Agreement, they shall be referred to
relevant national laws and regulations. In case this agreement is in conflict
with relevant national laws and regulations, national laws and regulations
shall prevail.