These Terms of Use (“Terms”) govern your use of the GoLearn website (“Site”) at golearn.com.my, online and mobile applications (“Apps”), or any other means provided or authorized by GoLearn (“GoLearn”). Please read these Terms before using or continuing to use the Site. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all Terms of Use contained in these Terms.

1. General Terms

GoLearn provides this Site to Users seeking tutoring services (“Students”) and to Users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf Users accept these Terms. The term “User” or “You” refers to Students, Tutors or any person or entity who views, uses, accesses, or browses any content on, and/or creates, uploads, posts, sends, receives, or stores content to the Site or Apps. The term “Tutoring Session” refers to any active subscribed service through the GoLearn platform. The term “month” refers to the period calculated from the date of the first day of any Tutoring Session of any month until the same date of the next month. These Terms are entered into by and between GoLearn and you, and you accept them by: –

1. i) accessing or viewing the content of the Site or Apps;
2. ii) contracting for tutoring lessons through the Site or Apps;

iii) registering as a tutor or providing tutoring lessons through the Site or Apps;

1. iv) using the Site or Apps in any other manner; and

v)acknowledging agreement with these Terms.

2. Privacy Policy

Please review our Privacy Policy on the site for information on how GoLearn collects, uses, and discloses information about you.

3. Services

The Site or Apps offers a platform for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent businesses engaged by Students, Tutors decide, are responsible for, and generally control the methods, materials, scheduling, frequency, duration, and all other aspects of the tutoring they provide.

Students are responsible for selecting the right tutor 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.

4. Responsibilities of Tutors or Students

In the consideration of your use of the Site or Apps and its Services, you agree that you are of legal age and have the ability and understanding to agree to these Terms of Use on your own behalf and/or on behalf of a minor who will be receiving tutoring services. You are to provide accurate, current, and complete information relevant to you as required during the Site registration form or when conducting/receiving tutoring. You are to promptly update the registration information you provide to GoLearn as it changes, keeping it accurate, current, secure, and complete.

5. Subscription Fee

There is no subscription fee for registration and become a standard Tutor member.

6. Commission

GoLearn is entitled to  50%  of the agreed monthly tuition fee, depending on the tuition type, length of commitment, special requests, and other factors deem appropriate by GoLearn.

If cash payment is selected by Students, Tutors are responsible to pay the agreed percentage commission to GoLearn after receiving the monthly tuition fee through GoLearn official bank account within 7 days after the end of the previous month.

7. Payment Methods

GoLearn accepts cash, online banking, and debit or credit card payment.

8. Fulfillment Policy and Termination of Tuition Job

8.1 Both Students and Tutors are allowed to cancel the booked session 24 hours before the start time due to any reasonable reasons but not just because they can. GoLearn encouraged Students and Tutors to reschedule the session if any complications arise. 

8.2 Students have the privilege to terminate any Tutoring Session within fourteen (14) days of the month with partial payments based on the committed service hours. After the stated periods above, Students are assumed to subscribe for a full month Tutoring Session and any termination made in between the fifteen (15) days to the end of the month will be treated as a termination for the Tutoring Session of next month. Students may initiate a refund request for termination after fourteen (14) days. Tutors will be informed of any termination from Students. GoLearn is entitled to the percentage of the partial monthly tuition fee.

8.3 Tutors may initiate termination of any ongoing Tutoring Session under valid reasons which include undesired health condition,  accident, out of the station, dissatisfaction over Students (eg. Students are chronically late, did not attend the lesson without any valid explanation) or any unforeseen circumstances deem valid by GoLearn. Tutors are encouraged to settle termination through mutual agreement with Students. GoLearn is not liable to any termination executed without the consent of GoLearn.   

8.4 The minimum commitment period is one month. If Students terminate a tuition job within the first two weeks of the first month, Students are entitled to a full refund under our Refund Policy. Tutors will not be paid for his or her provision of the relevant Tutoring Session.

8.5 Students fail to execute payment within thirty (30) days starting from the first Tutoring Session of the month if online banking or debit/credit card is chosen, or Tutors fail to settle commission in fourteen (14) days starting from the second month of Tutoring Session if cash is chosen will automatically trigger a termination. Students or Tutors account who are involved will be suspended until the payment is cleared. GoLearn will not acknowledge any form of transaction without GoLearn consent unless backed by proper details and prove.  

9. Refund Policy

Students and Tutors have the privilege to initiate a refund request through our Site or Apps. GoLearn will review and will, in its sole discretion, accept or reject a refund request within 3 working days. 

Students are entitled to a full refund for any Tutoring Session terminated within the first two weeks of the first month.

10. Late Policy

If Students are late for any scheduled tutoring session, Students will still be billed from the start of the scheduled time. For example, if Students are 20 minutes late for a 30-minute session, the 30-minute session as scheduled will be billed to your account.

If Students are 15 minutes late or more, Tutors may cancel the session. If Tutors choose to do so, Students will be billed for the entire duration of the scheduled session.

If Tutors is 15 minutes late or more, Students will have the option of canceling the entire session at no charge to you. Students can flag a late sign against Tutors and Tutors will be given warnings from GoLearn. Tutors with frequent late will be given one or more warnings from GoLearn before being removed from the service entirely.

11. Ending a Session Early

If Students choose to end the session early, Tutors will still be paid in full for the time slot. For example, if Students choose to end a one-hour scheduled session after 45 minutes, Tutors will still be paid for one hour of tutoring fees.

12. Interactions Students and Tutors

Tutors must be professional and of proper attire, proper venue, proper language. Students are to understand that although GoLearn does screen tutors for the purpose of confirming identification, credentials, and academic experience, GoLearn cannot guarantee the accuracy of this information. Both parties are responsible for their interactions with each other.

13. Confidentiality Information

During the Term of this Agreement and after termination or expiration of this agreement for any reason whatsoever, the receiving parties shall hold all Confidential Information in strict confidence relating to the GoLearn, its services, products, contractual, business affairs, marketing, and other valuable information. Such information which is otherwise directly or indirectly acquired by you or the GoLearn is applicable to these Terms. All rights, title, and interest in the Confidential Information remain with GoLearn and its affiliates.

14. Content provided on the Site or Apps

GoLearn does not claim ownership of the Content that you provide on the Site or Apps and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with this Site or Apps shall be deemed to be provided on a non-confidential basis. GoLearn shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant GoLearn an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among GoLearn, its affiliates, and third-party providers of any content that you may provide on the Site or Apps.

15. Intellectual Property Rights

GoLearn, reserves all of its intellectual property rights. You agree not to copy, modify, or distribute any content whatsoever from the Site or Apps, including all our copyrights or trademarks.

16. Copyright Infringement

Users may not post, modify, distribute, or reproduce in any way any Content on the Site or Apps that is copyrighted material you do not own or have permission to use, without obtaining the prior written consent of the copyright owner. All materials related to GoLearn are works protected under the Malaysian Copyright Act 1987.

17. Disclaimer of Warranties

Use of the Site or Apps is at your sole risk unless otherwise explicitly stated. The Site and Apps, including the information, services, and content, are provided on an “as is”, and “as available” basis. GoLearn does not guarantee continuous, uninterrupted, or secure access to the services. As such, operation of the Site or Apps may be disrupted due to factors outside of the company’s control of which the company shall not be liable for any loss, liability, or damage which users may have incurred as a result. This may include any damage to your computer system or loss of data, or damage resulting from viruses. GoLearn makes no warranty or representations that the results that may be obtained from the use of the Site are accurate or reliable. Furthermore, GoLearn makes no warranty or representation that the quality of any products, services, content, information, or materials provided by tutors will meet the expectations or requirements of the students.

18. Liability

To the maximum extent permitted by applicable law, in no event shall GoLearn, its affiliates, supplies, advertisers, directors, employees, or licensors be responsible or liable for any indirect, incidental, consequential, special, punitive, exemplary, or any damages from loss of profits, data, or intangible losses, that result from the use or misuse of the services or any other aspect relating to the site and/or any content contained therein. Under no circumstances will GoLearn be responsible or liable for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the services or your account or the information contained therein. GoLearn provides no warranty, assurance, or promise that its services, applications, or customer service will work as intended on your phone, computer, tablet, or another device. Your sole remedy for the dissatisfaction with the Site is to stop using it. 

19. Indemnification

You agree to indemnify and hold GoLearn, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party claims due to or arising out of our, guidelines, services, or offerings, your violation of these Term of Use, or your infringement, or the infringement or use by any other user of Your account, of any intellectual property or another right of any person or entity. This section shall survive the termination of this Agreement.

20. Suspension and Termination 

GoLearn reserves the right to suspend and/or terminate 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 or during the suspension.

21. Amendments to Terms of Use

GoLearn, reserve the right to modify, update or amend this Term of Use at any time by placing the updated Term of use on the Site. User signifies acceptance of such modifications, updates, or amendments by continuing to use the Site.

22. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to the non-exclusive jurisdiction of Malaysian courts.8.111