TERM AND CONDITIONS
The Agreement was last updated on 01-06-2018
1. Thank you for engaging our services on QueryFloor.com site operated by GS 55 Solutions LTD and doing business in the name of Queryfloor (“Queryfloor”) at ‘www.queryfloor.com’ (“Website”) registered in Cyprus.
3. If you are using or ordering Queryfloor’s service(s) or related service(s) on behalf of a Company or other entity, then “Customer” or “You” means that entity, and you are binding that entity to the Agreement. You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.
4. The terms and conditions of the Agreement (together with any other terms and conditions agreed in writing between Queryfloor and the Member from time to time) constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from Queryfloor.
5. The Services that we provide to you are subject to the terms and conditions contained herein. We reserve our rights to update any of the terms and conditions specified herein at any time without any prior notice to you.
6. If at any time you do not agree to the terms and conditions specified herein, please do not use this Website any further.
7. No failure or delay by Queryfloor in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by Queryfloor of any breach of the Contract by the Member shall be considered as a waiver of any subsequent breach of the same or any other provision.
DEFINITION AND INTERPRETATION
8. The following words used herein have the following definitions and meanings :-
8.1 ‘Account’ refers to any of the personal information and payment submitted by the Member to Queryfloor for the purpose of engaging Queryfloor’s services including tutoring and educational services.
8.2 ‘Authorised Users’ refers to the Member’s employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Member.
8.3 ‘Cards’ refers to the skills, offers and packages display cards.
8.4 ‘Credit’ means all legal currency and all monies paid by the Members on the Website to engage Queryfloor and/or in order to access the Member’s Services on Queryfloor.
8.5 ‘Lesson’ means the period during which the Tutor and/or Queryfloor as the case may be provides tutoring sessions to the Students and/or any other Members of Queryfloor.
8.6 ‘Member’ refers to you as the receiver of the Services and/or any users of the Website and will also include inter alia, students, tutors and their respective employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of you.
8.7 ‘Parties’ collectively refers to ‘Queryfloor’ and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of Queryfloor for the carrying out of the Services as the Service Provider and ‘You’ as the Member and its authorised agents, contractors, employees or any entity duly authorised for and on behalf of you.
8.8 ‘Points’ refers to the credit earned by the Members when they engage in activities on the Queryfloor.
8.9 ‘Services’ refers to the educational and/or tutoring services to which details are particularized on the Website (as the case may be) (subject to change).
8.10 ‘Service Fee’ refers to the fess that Queryfloor collects and is payable by the Student and/or Member (as the case may be) in consideration of the Services.
8.11 ‘Service Provider’ refers to Queryfloor and/or its employees, agent, contractor, third parties, staff or any entity that is duly authorised to act on behalf of Queryfloor for the carrying out of the Services.
8.12 ‘Student’ refer to any individual(s), including their legal guardian, parents (in the event that the student does not have the requisite capacity to enter into this agreement) engaging the Services on Queryfloor.
8.13 ‘Tag’ refers to the earning of reputational tag(s) after the award of certain Points. Tag is the title which you get when a thing is done successfully with effort, skill, or courage and also, it is the process or fact of achieving something.
8.14 ‘Trademarks’ refer to all the names, brands, logos, designs, slogans and/or other designations Queryfloor uses in respect of its products and services (as the case may be).
8.15 ‘Tutor’ refers to any individual(s) engaging Queryfloor’s services for the purpose of providing tutoring services to the Student and/or Member (as the case may be).
8.16 ‘Tutoring Services’ refers to the Services provided by the Tutor.
8.17 ‘We, Us or Our’ refers to Queryfloor and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of Queryfloor for the carrying out of the Services.
8.18 ‘You or Your’ refers to the Member.
9. General terms of Services
9.1 Queryfloor shall provide the Services to the Member subject to the terms and conditions contained herein or any other reference to documents referred to by Queryfloor to the Member or such other terms and conditions as may be agreed in writing between Queryfloor and the Member.
9.2 For the avoidance of doubt, the Website is used solely as a platform as a means to connect the Student and the Tutor for engagement of their respective services. We are not a tutorial agency and do not recommend any tutors to students, nor are the tutors our employees. We only provide a facility for tutors to advertise their services. It is ultimately the tutor and student's responsibility to comply with local laws and regulations.
9.3 In the event that dispute arises, you hereby agree to release Queryfloor (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
9.4 Queryfloor shall provide to the Member all Services as specified on Queryfloor’s Website.
9.5 If in any event, Queryfloor is unable to provide the Services, it will inform the Member as soon as reasonably possible.
9.6 In addition, some Services offered by Queryfloor through the Website may be subject to additional terms and conditions promulgated by Queryfloor from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
10. Eligibility and Conduct
10.1 The Services provided by Queryfloor are available only to, and may only be used by, Members who are at least 18 years or older. Such individuals shall need to have the requisite capacity to enter into a legally binding contracts under your applicable law, rules and regulations.
10.2 You hereby represent to Queryfloor and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
10.3 Queryfloor may, in its sole discretion, refuse to offer access to or use the Website to any person or entity whatsoever and change the eligibility criteria at any time without and prior notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
10.4 Any Members who are under the age of 18 must at all times use Queryfloor's Services only in conjunction with and under the supervision of a parent and/or legal guardian who is at least 18 years of age.
10.5 Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
11. Account, information and Upkeep
12. Limitation of the Services
13. Amendment of Services
13.1 It remains the absolute discretion of Queryfloor to withdraw and/or modify the Services, whether in part or in whole. In the event that such amendment and/or withdraw of services are as a result of technical difficulties, Query floor shall use all reasonable methods to resolve the issues but you hereby agree that such fault should not be the responsibility of Queryfloor.
14. Responsibilities, Obligations and Due Diligence
14.1 At the absolute discretion of Queryfloor, it will provide the Member with the Services in its best endeavour to the Member.
14.2 In the event that Queryfloor is unable to provide the Services within a reasonable period from the dates(s) and time(s) and Queryfloor have agreed or notified the Member then the Member will have the rights subject to the terms and conditions contained herein to exercise the Member’s option to wait until Queryfloor is available to start performing the Services.
14.3 In the event that Queryfloor has begun performance of the Services and the Member has in the course of exercising your right of termination of the Agreement pursuant to the provision contained herein, the Member will be liable to pay for any Services incurred by Queryfloor up to the date of termination of the Agreement.
14.4 Without limitation to any of the rights contained herein and contractual remedies, Queryfloor reserves the right to claim for any loses and damages incurred as a result of the termination.
14.5 The Member shall not request Queryfloor to perform Services which are immoral or unlawful in nature. The decision will be at the absolute discretion of Queryfloor.
14.6 The Member shall endeavour to provide Queryfloor with as much detailed information as possible regarding the Services under request in order for Queryfloor to provide excellent services.
14.7 The Member shall not request Queryfloor to perform Services to, from and for people or places where Queryfloor’s staffs, employees, agents and any other duly authorised entities of Queryfloor may experience any form of abuse, bodily harm or death.
15.1 Queryfloor of the Website offers the following services :-
We are providing for Tutor and institutes booking management, scheduling management, private message, study document share, educational videos, participate in enquires, create free, skill and package cards and create course display. Student can directly contact to tutors and institutes, post their query, join course, and book lesson.
15.2 The Services as specified in Clause 9.1 has its respective charges referred to on the Website (“Membership plan”).
15.3 Queryfloor requires payment for Services to be made prior to the performance of Service.
15.4 Queryfloor shall be entitled to vary the Charge from time to time and shall communicate any such changes to the Member before any payment is made.
15.5 Queryfloor shall be entitled to invoice the Member for any incidental costs incurred during the facilitation of the Member’s request, including costs from unexpected delays, toll charges etc.
15.6 All payments made to Queryfloor via Credit Card transactions are liable to a 10% handling charge. This handling charge of 10% is added to the total sum owing to Queryfloor by the Member.
15.7 We accept payments online using Visa and MasterCard credit/debit card in USD
15.8 If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
15.9 The cardholder must retain a copy of transaction records and Merchant policies and rules.
16. Termination and Refunds
16.1 After the Parties have entered into the Agreement, refunds may only be requested, subject to the final discretion of Queryfloor when performance by Queryfloor has not begun.
16.2 Any refunds made by Queryfloor will be with reduction of the direct costs including any handling costs.
16.3 Without prejudice to any other rights and remedies available, Queryfloor shall have the right to terminate the Agreement for the provision of all or any of the Services upon written notice if the Member commits a serious breach of the terms and conditions contained herein. Queryfloor reserves the right to claim against the Member including but not limited to losses and damages as a result of the termination by the Member.
16.4 On termination for any reason whatsoever, the Member shall immediately make payment to Queryfloor of all and any sums outstanding and owing to Queryfloor
16.5 In the event that a deposit is paid by the Member, at the sole discretion of Queryfloor, the deposit will be retained by Queryfloor and for the necessary deduction of Queryfloor losses and costs without prejudice to its rights to further claim damages against you.
17. Restricted Activities
17.1 You acknowledge and agree that Queryfloor'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.
17.2 Further, you agree not to use Queryfloor's services for any purpose that violates the academic honesty policy or other conduct policies of your school, college, university, academic institution or workplace.
17.3 You agree not to use the Website 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 to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Queryfloor in its sole discretion.
17.4 Without our written consent, you may not:
18. Membership and Refunds Policy
19. Verification of the credentials of Tutors
LIABILITY, EXCLUSION AND LIMITATIONS
20. Queryfloor warrants to the Member that it shall use all of its reasonable endeavours to provide the Services using reasonable care and skill and as far as reasonably possible, in accordance with the Member’s request.
21. Queryfloor will not exclude or limit liability for its negligence or negligent omission which causes personal injury or death.
22. Queryfloor shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the use of Services except where it is expressly determined that a person acting under the direct instruction of Queryfloor has knowingly acted in a negligent manner.
23. Queryfloor shall have no liability to the Member for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Member which are incomplete, incorrect or inaccurate or any other fault of the Member.
24. Queryfloor shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of Queryfloor’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Queryfloor’s reasonable control.
25. Subject to the provisions of the terms and conditions contained herein, the maximum liability of Queryfloor to the Member for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Member in full).
DISCLOSURE OF INFORMATION
27. Unless Queryfloor receives notice from the Member to the contrary, Queryfloor shall from time to time provide to the Member (by post, telephone or email) such information in relation to the Services that Queryfloor considers may be of interest to the Member.
28. Queryfloor may update or modify this Agreement from time to time. If Queryfloor modifies the Agreement during the Services, the modified version will take effect upon the next Service.
29. Member may be required to check the update version from time to time after the modified version takes effect, in any event the continued use of the Services shall constitute acceptance of the modified version.
30. If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
31. Neither Party will be liable for any delay or failure to perform its obligations under the Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
32. Nothing in the Agreement prevents Queryfloor from disclosing Member information and data to the extent required by law, subpoenas, or court orders, but Queryfloor will use commercially reasonable efforts to notify Member where permitted to do so.
33. The Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns. Neither Party may assign the Agreement without the advance written consent of the other party, except that Queryfloor may assign the Agreement without consent to an affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities.
34. The Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral communications, proposals and representations with respect to Queryfloor or any other subject matter covered by this Agreement.
GOVERNING LAW, JURISDICTION AND VENUE
36. This Agreement is governed by the laws in the Cyprus, without regard to choice or conflict of law rules thereof.
36.1 Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Cyprus.
36.2 Cyprus is our country of domicile.
37. Queryfloor welcomes your questions or comments regarding the foregoing Terms.
Email : firstname.lastname@example.org
Effective as of 01-06-18