Terms and Conditions

 

Last Updated: 22nd October 2024

 

INTRODUCTION

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These terms of use ("terms") govern your use of the ms flora tutoring website, located at ms flora tutoring, any mobile applications, and services ("site") provided by ms flora tutoring.

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.

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GENERAL

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1. General terms

Ms Flora Tutoring provides this Site to users seeking tutoring services ("Students"), and to any other entity like "parents" on whose behalf users accept these Terms. The term "you" or "You" or "User" or "Users" shall refer to Students, Parents or any person or entity 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.

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2. Services

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

Ms Flora Tutoring reserves the right to withdraw or modify aspects of the Ms Flora Tutoring 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 Ms Flora Tutoring service becomes inaccessible as a result of technical difficulties experienced by Ms Flora Tutoring or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.

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3. Restricted Activities

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You acknowledge and agree that Ms Flora Tutoring'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 to complete assignments, to write test/exam papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Ms Flora Tutoring'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 Ms Flora Tutoring 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 device) 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 (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

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4. Eligibility and conduct

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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 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 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 you 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 Ms Flora Tutoring, to keep it accurate, current and complete; and (e) to accept all risks of unauthorised access to information and Registration Data.

You may submit feedback regarding your experiences with Ms Flora Tutoring on our Site, submit inquiries concerning possible educational needs and to 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 Ms Flora Tutoring 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 of Ms Flora Tutoring 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 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 do 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 this 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 are made voluntarily and are 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.

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 terms and conditions in these Terms of Use; (c) neither you, nor anyone in your home.

By using the Site, you understand and agree that Ms Flora Tutoring may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Ms Flora Tutoring 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.

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5. Fees & Refunds

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Ms Flora Tutoring 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 Ms Flora Tutoring.

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6. Third party reports

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Ms Flora Tutoring may utilise 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"). Ms Flora Tutoring 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. Ms Flora Tutoring does not independently verify information in the consumer reports.

You hereby consent to Ms Flora Tutoring collecting, using and disclosing the information in the consumer reports. You understand and agree that Ms Flora Tutoring 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 Ms Flora Tutoring 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. Ms Flora Tutoring reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Ms Flora's Tutoring sole discretion.

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7. Confidentiality of Ms Flora Tutoring information

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You may obtain direct access via the Site to certain confidential information of Ms Flora Tutoring 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 Ms Flora Tutoring 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 Ms Flora Tutoring, 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 Ms Flora Tutoring adequate to afford Ms Flora Tutoring the opportunity to object to the disclosure.

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8. Terms of transacting business

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You understand and agree to abide by Ms Flora Tutoring’s payment policies. You agree that you are willing to pay all costs associated with the services through Ms Flora Tutoring. 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 the cancellation policy; (d) the booking service fees between the Student and Ms Flora Tutoring.

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9. Advertisements and promotions

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Ms Flora Tutoring 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 Ms Flora Tutoring 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. Ms Flora Tutoring is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Ms Flora Tutoring advertisers on the Site.

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10. Third Party links

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Placement of information, logos, links or any 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 patronise any such entity and hold Ms Flora Tutoring 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 Ms Flora Tutoring or between any User or any other third-party entities and Ms Flora Tutoring by formation of this Agreement or by your participation on the Site.

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

YOU ARE RESPONSIBILE 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.

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11. Text message & PUSH notifications

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We send various text message and PUSH notifications, ("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.

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12. Intellectual property rights

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Ms Flora Tutoring 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 in any database, compilation, archive or cache. Except as specifically authorised by Ms Flora Tutoring, 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. Ms Flora Tutoring reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from Ms Flora Tutoring. You may like or follow Ms Flora Tutoring 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 authorised by Ms Flora Tutoring 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 Ms Flora Tutoring discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

"Ms Flora Tutoring Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Ms Flora Tutoring uses in connection with its products and services. You may not remove or alter any Ms Flora Tutoring Trademarks, or co-brand your own products or material with Ms Flora Tutoring Trademarks, without Ms Flora Tutoring's prior written consent. You acknowledge Ms Flora Tutoring's rights in Ms Flora Tutoring Trademarks and agree that any use of Ms Flora Tutoring Trademarks by you shall inure to Ms Flora Tutorings sole benefit. You agree not to incorporate any Ms Flora Tutoring Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with a computer or Internet-related products, services or technologies.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any licence to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Ms Flora Tutoring 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 licence 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.

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13. Termination and suspension

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Ms Flora Tutoring reserves the right to suspend (deactivate) and/or terminate (delete) any user account, with or without notice, at its sole discretion, for any reason or no reason. If your account is suspended and/or terminated, you agree not to use the Site during the period of suspension or after the termination of your account.

In accordance with the General Data Protection Regulation (GDPR), users have the right to request the deletion of their personal data ("right to be forgotten"). Upon termination (deletion of profile) or upon a valid request under GDPR, Ms Flora Tutoring will take all reasonable steps to delete your personal data from our systems, unless we are required to retain it for legal or regulatory purposes. To exercise your right to be forgotten, please contact our support team.

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14. Disclaimer of warranties

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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. Ms Flora Tutoring 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. Ms Flora Tutoring makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the site.

Ms Flora Tutoring 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

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You understand and agree that Ms Flora Tutoring has no control over the acts or omissions of any user and that Ms Flora Tutoring makes no representations or warranties about the quality of the services provided by any user. You understand and agree that Ms Flora Tutoring is not responsible for the performance or conduct, whether online or offline, of any user of the site. As such, Ms Florat tutoring 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. Ms Flora Tutoring will not be involved in any user interactions. Ms Flora Tutoring 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 Ms Flora Tutoring has no control over the acts or omissions of any user on or off the site and that Ms Flora Tutoring makes no representations or warranties about the quality of the services provided by any user. You understand and agree that Ms Flora Tutoring is not responsible for the performance or conduct, whether on or off the site, of any user. As such, Ms Flora Tutoring expressly disclaims, and each user expressly releases Ms Flora Tutoring 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, Ms Flora Tutoring 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 Ms Flora Tutoring 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 unauthorised access to or alteration of transmission or data, malicious or criminal behaviour, 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 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 Ms Flora Tutoring'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 Ms Flora Tutoring or a  Ms Flora Tutoring  partner, if any, or (B) GBP 5000 (whichever is less).

You and Ms Flora Tutoring 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 Ms Flora Tutoring 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

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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 Ms Flora Tutoring and Student Safety, when interacting with other users.

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17. Indemnification

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You agree to indemnify, defend, and hold harmless Ms Flora Tutoring 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 Ms Flora Tutoring 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 Ms Flora Tutoring in the defence of such claims. Ms Flora Tutoring reserves the right, at its own expense, to assume the exclusive defence 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 Ms Flora Tutoring without the written consent of Ms Flora Tutoring.

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18. Injunction

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You agree that any material breach of the Terms will result in irreparable harm to Ms Flora Tutoring for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Ms Flora Tutoring 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 Ms Flora Tutoring seeks such an injunction.

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

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Ms Flora Tutoring may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. Ms Flora Tutoring 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. Ms Flora Tutoring may also delete, or bar access to or use of, all related information and files. Ms Flora Tutoring  will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. Ms Flora Tutoring may amend these Terms at any time by posting the amended terms on this Site.

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20. Entire agreement

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These Terms constitute the entire agreement between you and Ms Flora Tutoring 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 Ms Flora Tutoring or third-party products or services.

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FOR STUDENTS OR PARENTS

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1. A student or parent undertakes to register for the Ms Flora Tutoring 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 details as possible for better responses from Ms Flora Tutoring.

3. Students need to book a minimum of 5 (five) sessions and any booking can be cancelled after the first session only. No cancellation will be accepted 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.

4. Homework and Assignment help is 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.

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

6. Student/parent should use caution, good judgement 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.)

7. Student is expected to conduct himself in a Student like manner which is generally expected and regarded as ideal Student behaviour prevalent in education stream.