Terms & Conditions

Terms & Conditions for Tutor and Parents

PLEASE CAREFULLY READ THIS TERMS OF USE.

 

This is an agreement between “you”—the user or assessor of the Your Education Success website—and “us”— Your Education Success. It outlines our working relationship as well as other factors. We have made every effort to make it as readable as possible, but since it is a legal document, some of the terminology is required to be “legalese.” But because of how crucial these conditions are, you cannot access our website unless you accept them. You are not permitted to use or evaluate our website if you disagree with the terms or are unable to abide by them. You accept these terms by using our website.

 

The website is not meant for users under the age of 18, therefore if you are a student under that age, please do not use it. Kindly discuss this website and your need to seek for a tutor with your parents or guardians and obtain their permission to use it going forward. The contract will be signed by your parent or legal guardian on your behalf.

 

These terms may be updated and revised from time to time, and you agree to be bound by those updates and revisions. If there are any significant changes to these terms, we may notify you (as appropriate under the circumstances), but you should routinely visit https://yestutor.com.my terms to review the most recent version.

 

Lastly, since we understand that legalese may occasionally be confusing, we wanted to provide you with a summary of the Agreement:

  1. DEFINITIONS. This is where we provide the detail on what the key defined terms in the Agreement mean.
  2. RELATIONSHIP. Here is where you may find the details of the fundamental terms that apply to our partnership when you access to our website.
  3. GENERAL COMMERCIAL TERMS. Here are the essential details regarding the cost and availability of our matching service.
  4. GENERAL LEGAL TERMS. This is a contract, as was already mentioned, and contracts are full of legal jargon. Many of the remaining legal provisions that make up our provisions of Use are gathered in this section.

A. DEFINITIONS

 

“Agreement” refers to this Agreement as well as any documents it references or links to.

50% of the tuition fee is considered “commission.”

“Tutor” refers to a user of the website who has registered as a tutor and thereby engaged us as an agent.

The terms “Parent/Student” can refer to anyone utilizing the website to make a tutoring request, either jointly or separately. When “Parent” is used singularly, it refers to the student’s parent; when “Student” is used singularly, it refers to an individual under the age of eighteen who certifies that they have gotten the necessary parental approval.

“Terms of Use” means those terms and conditions located at https://yestutor.com.my/terms, as modified from time to time.

“Website” means the website on the domain https://yestutor.com.my

“We”, “us”, “our” and “Your Education Success” means Your Education Success (Business Registration Number: 202401009628(1555478-X).

“You” means the party, other than Your Education Success, entering into this Agreement and assessing the website.

B. RELATIONSHIP

 

 1. Relationship
 
  • According to Malaysian law, Your Education Success is recognized as an agency. The tutor designates us as his or her agent to connect the tutor with the parent or student who needs tutoring services by registering on the website. To establish legal contracts between the Tutor and the Parent/Student, we shall represent the Tutor and introduce the Tutor to the latter.
2. Extent of Our Duty
 
  1. Upon matching the tutor with the parent/student, the tutor is starting a contractual relationship with them. The agreement between the tutor and the parent/student, even though it was arranged through us and resulted from our introduction, will be enforceable under the same circumstances as if the tutor had made the introductions in person.
  2. When the Parent/Student schedules a lesson with the tutor we recommended, our responsibility is over, and we are released from any liability that may arise both during and after the tutoring sessions conducted by the tutor we recommended.
  3. Our only duty is to pair the parent or student and the tutor that, in our sole judgment, would be the most appropriate. We matched tutors and parents or students in good faith in accordance with standard procedure, but we are not liable for any disagreements, sabotage, actions, omissions, misbehaviour, or unfavourable outcomes that resulted from or during the tutoring sessions.
  4. In addition, we do not offer the parent or student any tutoring services, and we are not in charge of the lesson plans, the tutor’s methods of instruction, or their conduct. On the other hand, depending on our expertise, we might impart to the tutor certain knowledge and techniques we’ve learned throughout the years.
3. Representation & Warranties
 
  1. As a Parent/Student, you hereby represent and warrant that:
    1. You are of legal age and over (or, if you are underage, that you have obtained your parents’ consent);
    2. You are of sound mind;
    3. All the information you submitted about yourself on the Request A Tutor form is true, accurate, and complete in every way;
    4. This Agreement is a legally binding obligation on your part.
  2. If you are the tutor, you represent and warrant that:
    1. You are over 21 and meet the requirements;
    2. You have read and agree to the terms and conditions listed at https://yestutor.com.my;
    3. All of the information you submitted about yourself at https://yestutor.com.my is true, accurate, and complete in every way;
    4. Our appointment as your agent will not conflict with any other agreements or arrangements you may have in the future;
    5. This Agreement is a legally-binding obligation on your part.
  3. We promise and guarantee that the matching service will be rendered in a timely and effective manner, and that it will be done so in a professional manner in accordance with industry standards.
  4. Warranty Claim. After the first breach, any warranty claim must be communicated to the other party within thirty (30) days.
4. Indemnification by Tutor to Agent
  
  • The tutor shall indemnify, defend and keep us harmless against for all costs, claims, demands, expenditures (including reasonable legal costs) and liabilities of whatever nature incurred by or awarded against us or awarded to us as a result of
  • (a) the Tutor non-compliance with or breach of this Agreement or Terms Applicable to Your Education Success or Code of Conduct contained therein,
  • (b) any act, neglect or default of the Tutor, or
  • (c) any action taken or omitted by us in pursuance of this Agreement in good faith according to the usual practice in matching up the Tutor and Parent/Student (except for gross negligence, bad faith or willful misconduct).
5. Disclaimers and Limitations of Liability
 
  1. Disclaimer of Warranty
  2. Regarding the suitability, dependability, or security of the matching services, WE MAKE NO REPRESENTATIONS OR WARRANTIES. You acknowledge that the provision of our service is subject to limitations and issues inherent in the agency’s engagement, and that we do not personally know you (parent, student, or tutor) or have any control over your behavior during tutoring sessions. Therefore, we are unable to guarantee that there will be no conflicts or disputes during the tutor-student match or that all conflicts will be resolved.We don’t personally visit with every parent, student, or tutor, nor do we do any security-related inspections of the tutoring environment. You take full responsibility for your personal safety, security, and well-being during the tutoring sessions, including travel to, from, and during the sessions. We disclaim any and all other conditions, guarantees, or warranties, whether expressed or implied, by statute or otherwise, and our warranties are limited to those stated in Section 3C above.
  3. No Indirect Damage
  4. To the extent permitted by law, in no event shall we be liable for any indirect, punitive, remote or speculative loss or damage, including(By way of example and not an exhaustive list) personal injury, loss of profits or loss of business opportunity.
  5. Limitation of Liability.
  6. If, NOTWITHSTANFING
    1. Clauses on indemnification contained in this agreement, and
    2. Any willful misconduct, fraud or fraudulent misrepresentation by you, the parties are determined to have any liability to the other party, parties agree that their aggregate liability shall not exceed and amount equal to the tuition fee paid or payable for the three months period in the year the claim arose.

C. GENERAL COMMERCIAL TERMS

 

 6. Explanation and Calculation on Fees
  
  • Hourly Rate. Hourly Rate of tuition will vary based upon education qualification, teaching experience of tutor, the number of students, duration of each tutoring session and frequency per week.
  • Tuition Fee. Tuition Fee whenever mentioned in this Agreement means the Tuition Fee calculated on a Four-Week Basis (not monthly).
  • For clarity， please refer to the below example:
  • Hourly Rate: RM 50 Duration: 2 hours

    Frequency per week: 1
    Tuition Fee (on 4 weeks basis) = RM 50 X 2 hours x 1 x 4 weeks= RM 0

7. Arrangement on Tuition Fee

  • No Hidden Fee. No upfront fee is required when Parent/Student request a Tutor, and no registration fee is required when Tutor engages us as his or her Agent.
  • Discuss and Agree. We will share and post the Hourly Rate with both Parent/Student and Tutor in advance during our matching process. Parent/Student and Tutor must agree with the Tuition Fee before accepting any tutoring session. If the Hourly Rate or Tuition Fee falls short of your expectations, you must not apply or accept the job.
  • No Changes. ONCE AGREED, THE AMOUNT OF THE TUITION FEE MUST NOT BE CHANGED WITHOUT OUR PRIOR WRITTEN CONSENT.
  • Payment Method. Payment will be made by the Parent/Student directly to the Tutor for each tutoring session. Parents and student are encouraged to pay for each tutoring session or per week (if there is more than one tutoring session in a week)
8. Commission
 
  • Agent Fee.
    We will be paid for our services as agent under this agreement. Every successful match result in a one-time payment that we refer to as “Commission.”
  • Commission.
    The commission is 50% of the Tuition Fee. Tutor shall pay us the Commission we are acting as his or her Agent.
  • Payment Method.
    Tutor is required to make payment for the Commission directly through our payment gateway (YES Portal) to secure the job.
  • Failure to Pay Commission.
    Tutors will not be able to obtain any jobs information/contact without making the payment for commission.
  • Changes on Tuition Fee.
    Read this section along prohibited to adjust the tuition fee that has been agreed upon between parent, student and us. As our compensation is 50% based on the agreed tuition fee. Fundamentally, any changes made by either party without our agreement ensures a deprivation of our rightful commission. Any payments made without our knowledge are subject to a right of reimbursement, which we reserve.
  • Treatment of Special Case.
    1. Termination within the First Round of【Four-Week Basis】
      If Tutor wants to terminate or Parent/Student requests to terminate the tuition, Tutor must inform us personally and immediately so that the Commission would be one-third (1/3) of the Tuition Fee received instead of 50%. If the Tutor fails to inform us (even if the Parent/Student has informed us), our Commission remains at 50% of the Tuition Fee. We reserve the right to claim from you the loss of our Student and or our reputation (if any).
    2. Termination within the Second Round of【Four-Week Basis】
      If Tutor wants to terminate or Parent/Student requests to terminate the tuition, Tutor could apply to us in writing for a partial refund of the Commission. The percentage to be refunded shall be depended upon the fact of each case. We shall have the final decision in deciding whether or not to make the refund and (if refunded) how much per cent is to be refunded.
    3. Termination after the Second Round of【Four-Week Basis】
      We make no refund for the termination from either party.
    4. Tutor’s Referral
      Tutor may recommend Parent/Student to us. The Tutor shall receive 25% of the Commission paid by the tutor who takes over the job (“New Tutor”) as your referral fee. We will bank in your referral fee after we have received our Commission from the New Tutor.
    5. Tuition is not to be commenced on our discussed date
      If we have introduced and passed the Tutor’s contact number to the Parent/Student or the Parent/Student’s contact number to the Tutor, and where parties agree that tuition will only be commenced after a period of time, Tutor has the responsibility to pay us our Commission in full as per clauses above upon commencement of the tuition.

      This clause is also applicable to the scenario where the Parent/Student does not want to start tuition immediately or is not interested in starting the tuition in the beginning but contacts the Tutor after a period of time (regardless of the exact period), Tutor has the responsibility to notify us in writing and pay the Commission for the services that we have performed, failing which Clause 8(d) shall govern.
9. Cancellation Policy
 
  • Temporarily Class Cancellation. Any cancellation of scheduled classes within the [Four-Week Basis] either by Tutor or Parent/Student must be replaced. Tutor or Parent/Student is not required to notify us so long as the amount of our entitled Commission is not affected or varied. However, Parent/Student and Tutor must notify the other in advance of any holiday commitments they may have, or because of illness or inconvenience.
  • In the event where you are unable to attend the tuition, a prior notice of 48 hours before the lesson starts, must be given to the students/parents. A valid reason must also be given on notification. It is a good practice to arrange the replacement with our client whenever possible.
  • If you failed to notify or provide a valid reason of your cancellation once being hired by our client, your registration as a tutor with https://yestutor.com.my will be revoked and an administrative charge of 20% – 50% of the monthly tuition fees will be imposed for our coordination effort.
  • We reserved the right to change a new tutor for our client if we found out the appointed tutor cannot perform the teaching task appropriately and failed to meet our client’s requirements.
10. Refund Policies
 
  • Termination or cancellation of tuition after first class, NO commission will be charged on tutor. Commission will be full refund within 24 hours after verified with our client.
  • Termination or cancellation of tuition after second class or within 1 months, a commission of 20% will be charged on ALL sessions for our coordination effort.
  • Termination or cancellation of tuition within 2 months, a commission of 30% will be charged on first FULL 4 weeks for our coordination effort.
  • Termination or cancellation of tuition within 3 months, a commission of 40% will be charged on first FULL 4 weeks for our coordination effort.
  • Termination or cancellation of tuition in 3 months and above, NO commission will be refunded.
  • Your are responsible to clearly record ALL the lessons conducted with exact date for our review purposes for refund. We will verify your tuition date with our client and process the refund accordingly. NO commission will be refunded if you failed to provide the proof of tuition date and time.
11. Expenses
 
  • Transportation Fee. Transport fee of the Tutor has been included in the Tuition Fee.
  • Reference Book Fee. We do not deal with Reference Book fees between Tutor and Parent/Student, such expenses are to be dealt with between the Parent/Student and Tutor privately and must be mutually agreed upon before incurred.
  • As we have no authority to bind Parent/Student and Tutor in relation to the way they want to work out the tutoring sessions, we can provide some guidelines and suggestions (based on our experience) of the good practice:
    Tutor shall not force Parent/Student to buy any reference book. If Parent/Student asks Tutor to buy the reference books, Tutor must first list the price of the reference book and buy them only with Parent/Student’s consent. Tutor needs to show the receipt (s) before Parent/Student makes any payment for the reference books. Parent/Student has the right not to make any payment if the Tutor fails to show proof of receipt(s).
  • Tax
    For tax purposes, the Tutor agrees that you are self-employed and are responsible for paying your own taxes. The Tutor will account for the Tuition Fee paid by the client as income and the Commission as an expenditure.
12. Child Protection
 
  • We seek to provide a safe experience in which Students can learn.
  • Any Parent of a Student who is under the age of 18 should not leave the Student in the sole care of that Tutor. Tutoring session is best to be conducted in public places where Parent is present.
13. Additional Terms for Agency Service
 
  • This is contained in Terms Applicable to GoHomeTuition Agency Service. If you are a Tutor who is using our Website, you are bound by these additional terms.

D. GENERAL LEGAL TERMS

 

14. Restriction
 
  • It is forbidden for you to record, copy, cache, reproduce, or in any other way facilitate the reproduction of the Website or any portion of it.
  • You will immediately notify us of any information or communication in connection with discovery of any theft, piracy or other unauthorized usage of the Website or any fraud against Your Education Success.
  • You shall not use the Website in violation of the law or use it in a way which may be detrimental to Your Education Success’s interest including the goodwill and reputation of Your Education Success or the provision of our services.
15. Intellectual Property Rights
 
  • The copyright in all materials as found in this Website is respectively owned by various authors and makers, or by Your Education Success.
  • The graphic, literary and artistic works, layout designs, look and feel of the webpage published in the Website are the sole intellectual property of Your Education Success or our contractors.
  • You agree to keep confidential any information imparted or supplied to you by us which is confidential in nature whether or not it is expressly designated as “Confidential”. Confidential information in this Agreement includes (without limitation to) contact provided to you by Your Education Success.
16. General
 
  • Governing Law.
    This Agreement shall be governed by the Laws of Malaysia, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Kuala Lumpur, Malaysia.
  • Force Majeure.
    Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, strikes, riots, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
  • Relationship.
    Both Tutor and we agree that the parties have the agency relationship set out in B. RELATIONSHIP above and no joint venture, partnership, or employment relationship exists between Tutor and us as a result of this Agreement.
  • Severability.
    If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
  • Notices.
    Notices under this Agreement shall be in writing and shall be deemed to have been given when transmitted if sent by email and WhatsApp unless notification of failure to send or deliver is received by Us.
    Telephone Number: +60 12 5290817
    Email:
  • Entire Agreement.
    This Agreement is the entire agreement between us and supersedes all other conversations and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you unless specifically accepted by us in writing.
  • Binding.
    The Agreement shall be binding upon the parties successors and permitted assigns.
  • Time.
    Time whenever mentioned in this Agreement is of the essence.
  • Authority.
    Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
  • Survival.
    The following sections shall survive the expiration or termination of this Agreement (despite any reason for termination): ‘Indemnification’, ‘Disclaimers and Limitation of Liability’ “Intellectual Property Rights”, and ‘General’.