Please read the following Terms and Conditions carefully. They are important and represent a binding agreement between you and Levitate Ltd.
These Terms and Conditions are for the use of our website, using our services and any correspondence between the parties and apply to individual consumers and businesses.
Terms and Conditions
About Us
Stryv is a company registered in Hong Kong at 10/F, Kwan Chart Tower, 6 Tonnochy Road, Wan Chai, Hong Kong.
We operate a matching service and do not receive fees or payments from tutors or any other workers for introducing them to clients. We have no control over the tutor’s fees, payments, working practices, or conditions.
Background
We own and operate the website https://www.stryvacademics.com/, which showcases our digital tutoring matching service. We introduce tutors to clients and charge a fee for this service.
Your Privacy
We take data protection very seriously and take all reasonable steps to safeguard your Personal Data. To use our services, you may need to provide us with your Personal Data. You may refuse at any time to give this permission, and you have the right to access your Personal Data. However, this may affect your ability to use our services fully.
We are also required by law to obtain certain information from you, including your identity, the date you require the tutor to start work and the duration, or likely duration of the work, and any information about the experience, training, qualifications, and any authorisation required for a tutor to possess.
Please read our Privacy Policy for more information on your privacy rights and how we handle your data.
Cookies
Our website uses cookies. You need to agree to the use of these cookies or opt out of their use. This can be done in Cookie Settings or by using the pop-up banner on the homepage when you first browse our website. Please read our Cookie Policy for more information.
Definitions
- “Stryv”, “We”, “Us”, or “Our” means Stryv, which owns and operates the website https://www.stryvacademics.com/ and introduces tutors to clients.
- “User”, “Visitor”, “Client”, “you”, and “your” means site visitors, clients, and any other users of the site.
- “Tutor” means tutor, teacher, or someone who provides teaching services.
- “Service” or “Services” means the services provided by Stryv of introducing tutors to clients.
- “Parties” means Stryv and the Client collectively.
- “Session” means a single period in which the tutor provides the tutoring services, for example, a math lesson online or face-to-face.
- “Project” means the tutoring services between the Tutor and the Client.
- “Website” or “Site” means the website www.stryvacademics.com, which is owned and operated by Stryv.
1. Payment and Charges
1.1. You must be 18 years of age or older to purchase our services. Persons under 18 must obtain consent from a parental authority.
1.2. You agree to pay all costs and charges related to the services you have ordered from Stryv and agree to use the correct payment facilities and processes.
1.3. Prices and costs may change in the normal course of business.
1.4. However, if we change the price after you place the order, you will be expected to pay the original price and not the changed price for that order.
1.5. You agree that placing an order obliges you to pay for the service you have ordered.
2. Lawful Purposes
2.1. You may use our site for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting for you through the site. You agree to use the site and purchase our services through the site for legitimate purposes only.
2.2. You must not post or transmit any material that violates or infringes the rights of others through our site. This includes material that is threatening, abusive, racist, offensive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, encourages behaviour that constitutes a criminal offence, gives rise to civil liability, or otherwise violates any law.
3. Site Refusal
3.1. We display our services, but it is our decision whether to accept your order or requests. We have the right to refuse any order, person, or entity without having to give a reason. We cannot accept an order until payment has been processed and received. We may change or stop any aspect or feature of the site at any time, as long as we have fulfilled our previous responsibilities to you, such as payment or refunds.
4. Our Services
4.1. We provide a digital tutoring matching service.
4.2. All tutors are provided by an independent company.
4.3. Tutors are not our representatives authorized to speak on our behalf or bind us to any agreement.
5. Your Obligations
5.1. You acknowledge and agree to provide all relevant information necessary to carry out the services you require, such as your aims, timescales, and expected outcomes.
5.2. You agree to fully cooperate and assist us in complying with our duties under these Terms and Conditions and relevant law.
7. Service Description
7.1. We try to describe and display our services as accurately as possible. While we aim to be clear in explaining our services or giving their description, we do not guarantee that information on the site or any other material, including emails and marketing material online or on social media, is accurate, complete, reliable, current, or error-free.
7.2. We are not responsible for any inaccuracy, error, or incompleteness in our website, marketing, or social media content.
7.3. We may refuse or cancel any order with an incorrect price listing. However, if you have already paid for the service, you will only be charged the lower price unless it was a genuine and honest mistake on our part that you should have noticed.
8. Intellectual Property Rights
8.1. Our site, marketing material, online content, social media content, stationery, or any other Stryv material contains intellectual property owned by Stryv, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format any of the site content or intellectual property.
9. Termination
9.1. You agree that we can terminate your use or access to this site and our services at any time without notice if you break any of these Terms and Conditions.
9.2. The term of this agreement is for the duration of the service or until performance has been completed by both parties.
9.3. This agreement can be terminated at any time for any reason by mutual agreement in writing.
10. Climate Assurance
10.1. Both parties agree to perform their obligations under this agreement in a way that reduces or minimises the carbon footprint associated with any activities under this agreement, wherever possible. For example, using digital forms and communication instead of paper forms or using non-plastic items.
10.2. Either party should use all reasonable efforts to ensure that any necessary third party uses such documents or plastic and performs such acts as may reasonably be required for reducing the carbon footprint as a measure to protect the environment.
11. Responsibility and Liability
11.1. Nothing in the agreement will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.
11.2. We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.
11.3. We do not guarantee the results or outcomes that may be obtained from the use of our services.
11.4. You agree that from time to time, we may reasonably remove the service for indefinite periods or cancel the service at any time without notice to you.
11.5. We will not be liable for any loss of profits, income, revenue, use, production, or anticipated savings or earnings you may have suffered during or after using our service.
11.6. We will not be liable for any loss of business, contracts, or commercial opportunities you may have suffered during or after using our service.
11.7. We will not be liable for any loss or corruption of any data, database, or software.
11.8. We are not liable for any delay concerning the provision of our services resulting from your failure or delay in complying with any of the provisions of this agreement.
11.9. Content or any information we publish regarding third-party products or services is only for information purposes and is not advice, recommendation, or endorsement and is not intended to address your particular requirements.
11.10. Neither party will be liable for any losses arising out of a Force Majeure event.
11.11. In no case will we, our employees, or our representatives be liable for indirect, incidental, consequential, or any other remedies as a result of using our services or by any other third parties. Additionally, we are not liable for damages or remedies for website failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of, or unauthorized access or alteration or use of your information or personal data, whether we were negligent or not.
11.12. Neither party will be liable for breach-of-contractual damages suffered by the other party that are remote or speculative or that could not have reasonably been foreseen before entering into this agreement.
11.13. We provide a matching service where the tutor is an independent third party. It is your responsibility to ensure that adequate adult supervision, if appropriate, is in place during tutorials or lessons.
11.14. We are not responsible or liable for any claims concerning any qualifications or documents given by tutors which later turn out to be inaccurate, misrepresentations, or forgeries.
11.15. Stryv is not liable for any claims by you arising out of or related to tutoring by a tutor introduced by Stryv.
12. Payment for Loss or Damage
13.1. You agree to indemnify or pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms and Conditions. You will provide us with any assistance we may request in connection with any such defence without any charge, including, without limitation, providing us with such information, documents, records, and reasonable access as we deem necessary. You will not resolve any third-party claim or reject any defence without our prior written permission.
13. Notices
13.1. All notices, requests, demands, and other communications under this agreement must be in writing and sent by email to:
Email: [email protected]
14. Whole Agreement
15.1. These Terms and Conditions, including the Privacy Policy, Cookie Policy, and any attachments, constitute the entire agreement between Stryv and you and supersede all other verbal or written understandings concerning this agreement.
15. Events or Circumstances Beyond Our Reasonable Control
15.1. Where an event beyond our reasonable control, known as a Force Majeure event, causes a failure or delay in either party performing its obligations under the agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. Examples include, but are not limited to, fire, flood, and other acts of God, strikes, trade disputes, lockouts, restrictions of imports or exports, riots, accidents, disruption to energy supplies, lockdowns, pandemics, civil commotion, acts of terrorism, or war.
15.2. A party aware of a Force Majeure event that is likely to cause a failure or delay in performing its obligations under the agreement: (a) must notify the other party; and (b) will inform the other party of the period for which it is estimated that such failure or delay will continue. (c) The affected party will take reasonable steps to mitigate the effects of the Force Majeure event.
16. Invalid Clauses
16.1. If a court or arbitrator determines that a clause or condition in this contract is invalid or conflicts with the law, the invalid clause can be removed from this agreement, leaving the rest of the agreement valid and unaffected.
17. Right to Take Action
17.1. If we do not take action because you have breached a clause in these Terms and Conditions, it does not mean that we waive our right to enforce our rights in any other situation where you breach these Terms and Conditions or other legal responsibilities or duties you have to us.
18. Headings
89.1. The subject headings of the paragraphs and subparagraphs of this contract are included for convenience only. They do not affect the construction or interpretation of any of its provisions.
18.2. Words in the singular, plural, capitalisation, and/or he/she or they are taken as interchangeable and therefore refer to the same.
19. Waiver
19.1. No breach of any provision of the agreement will be waived except with the express written consent of the party not in breach.
20. Variation and Amendments
20.1. This agreement may not be varied or amended except by a written document signed by or on behalf of each of the parties.
21. Assignment
21.1. This agreement or any clause in this agreement cannot be assigned, delegated, sub-licensed, or transferred by either party without the other party's written consent.
22. Privity of Contract
22.1. This agreement is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation, or settlement under or relating to the agreement are not subject to the consent of any third party.
24. Governing Law
24.1. You agree that any dispute or claim arising out of this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to the law of Hong Kong in English. You also agree that Hong Kong courts have exclusive jurisdiction, except for negotiation and mediation resolution, which may be used as an option before court action if both parties agree.
25. Disputes
25.1. Any dispute relating to this agreement that cannot be resolved by negotiation between the parties may, within 30 days of either party giving notice to the other party that a dispute has arisen, be submitted to mediation by a mediator mutually chosen by the parties. The mediation or negotiation may be conducted online in English using an accredited mediation service. The initial mediation cost will be shared equally between the parties. If the dispute is not settled within 14 days, the dispute may be submitted by either party for a final decision to a Hong Kong court, which will have exclusive jurisdiction subject to the Governing Law clause above.
