TERMS & CONDITIONS
TERMS & CONDITIONS
This website www.red-ed.com (“site”) is run and maintained by REDed (“we” or “Red Education”). You may contact us at our email address:[email protected]
Red Education is an online platform for learning English where Members, both Students and Tutors (terms defined below), can work together and make use of the services (collectively, the “Services”). These Services can be accessed at www.red-ed.com and any other websites where Red Education makes the Services available (collectively, the “Site”)
These Website Terms and Conditions (“Terms and Conditions”) cover the terms on which you may use the site and any software made available through our services (“software”) to conduct your business.
Please read these Terms and Conditions carefully before you start to use the site. By using the site, you accept and agree to be bound to and abide by these Terms and Conditions and our Privacy Notice. If you do not agree to this Agreement, then you should leave the website immediately, and please do not use the Services.
This Agreement describes the terms governing your use of the Red Education online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
Red Education matches students or their legal representatives (“Students”) and tutors (“Tutors”) to conduct online one-to-one and group lessons. The lessons will be conducted through the Red Education site on which Tutors will be able to reveal their profiles to Students who will be able to contact Tutors directly through the site and use the Red Education purchasing and review feature (“Services”).
Any party accessing our site either as a Student, Tutor, company or visitor shall be referred to as “you”, “your” or “user(s)” collectively and separately.
As long as you meet any applicable payment obligations and comply with this Agreement, Red Education grants to you a personal, limited, nonexclusive, nontransferable right (except as expressly stated herein) to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by Red Education on the website for the Services.
You have permission for temporary, non-exclusive use of the site. We reserve the right to withdraw or change the content of the site and these Terms and Conditions at any time without notifying you and without having any legal responsibility towards you.
By using our site, you agree not to copy, view, or reproduce any content on our site by any means, including through the use of software (such as scripts, bots, spiders, crawlers, or scrapers), or to use any other data mining technology to frame, mask, extract any materials from the site and software (except as may be a result of standard search engine or Internet browser usage) unless formally agreed to by Red Education in writing.
You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute all or any part of the site.
Students are granted a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Services and the software solely for your non-commercial, personal use and subject to the policies and restrictions that we post on our site from time to time.
Tutors are granted a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Services and the software solely for the delivery of your personal services to Red Education’s clients and subject to the policies and restrictions that we post on our site from time to time.
You are also not allowed to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the site and/or any documents or online resources on the site to any third party.
You are responsible for configuring your own computer and software to access the material and content on our site including downloadable files. We do not warrant that the way we deliver data to you is compatible with your software or with the way your mobile device, computer or tablet is configured. Although we do our best to protect our site, we are not responsible for any viruses, bugs or similar issues. We advise that you use your own virus protection software to protect yourself.
You must treat all identification codes, passwords and other security information that you obtain from use of the site and (where applicable) for you to access parts of the site, as confidential. If we think you have failed to keep confidentiality, we may disable any such information, including your passwords and other codes.
You agree to follow our Acceptable Use Policy.
If you allow anyone else to use our site, you must make sure that they read these Terms and Conditions first, and that they agree to and follow them.
If you do not use the site according to the law and these Terms and Conditions, we may suspend your usage, or stop it completely.
We frequently update the site and make changes to it, but we have no duty to do this. This means that content on the site may be outdated or incorrect. We will have no liability to you for any losses or damage you may suffer from your reliance on any of our materials.
All rights not expressly granted herein are reserved.
Users must register for an account to access our Services.
Please follow the on-screen prompts on the homepage to register for an account. The process requires you to provide relevant Student or Tutor details accordingly.
By registering for an account, you confirm that you have understood and accepted these terms.
You warrant that the information you have supplied as part of the registration process is accurate and that you will notify us of any changes. You are responsible for safeguarding the security of your account, including keeping your password confidential. We are not responsible for loss or damage caused by your failure to safeguard your login and password.
Unless agreed by us in writing, all users of the site are limited to one account. Red Education may terminate any account at its sole discretion. You will not be entitled to create a new account to access the site if your previous account was terminated by Red Education.
Students are not required to provide a photo during account creation.
Once Tutors have successfully completed the recruitment process they can access the site by signing up and logging in. Red Education shall then provide clearance for the creation of a Tutor profile. Tutor profiles are only created after they have passed all the recruitment phases and are fully vetted by Red Education.
A photo, introductory video and introductory written passage are required for Tutors to use our Services. Tutors also need to provide their educational information, professional experience, address, phone number, nationality, the types of English taught and availability via the calendar. We may from time to time amend some information on profiles to streamline our Tutors for presentation purposes.
All personal information provided by Tutors and Students is subject to our Privacy Notice.
You shall have the ability to delete your account at any time.
Red Education requires that all Tutors are verified before they are listed on our site. We perform verification and background checks on Tutors to confirm the validity of submitted IDs, education certifications and to verify tutors do not have a criminal record.
Tutors shall email us a copy of their ID and educational document(s) in order to complete their profile. Tutors shall also complete an interview with our recruitment team and complete reference checks and criminal background checks.
Throughout the verification process, Red Education has no control and shall not be liable for any information provided by any Tutor. Red Education does not endorse nor does it make any representations or warranties with regard to the reliability or accuracy of the Tutors themselves. Red Education does not warrant or undertake that each user is in fact whom they say they are. You hereby acknowledge and agree that you solely assume all risks when using our Services, including, and without limitation to, any and all of the risks associated with any online or offline interactions with other users.
EVEN THOUGH RED EDUCATION USES ALL REASONABLE EFFORTS TO ENSURE THAT EACH TUTOR ON OUR WEBSITE IS A PROFESSIONAL TUTOR, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OF THOSE TUTORS AND THE DATA THEY PROVIDE THROUGH OUR SITE WHEN LIAISING WITH OTHER USERS. WE SHALL NOT BE RESPONSIBLE NOR SHALL WE BE HELD LIABLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE INCLUDING FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
Red Education reserves the right to use third party reporting agencies that perform, amongst others sex offender registry checks, criminal background checks, credit checks, motor vehicle records checks, and identification verifications (“Reports”).
Red Education does not endorse or make any representations or warranties regarding the reliability of Reports or the accuracy, timeliness or completeness of any of its information. Red Education does not independently verify information in the Reports.
You hereby expressly consent to Red Education collecting, using and disclosing the information in the Reports. You further understand and agree that we may, in our sole discretion, process and place reliance on the information comprised in the Reports when making decisions as to whether we should either stop the user from accessing our site completely either permanently or temporarily or to conduct investigations or to review a complaint about a user, based on the content of a Report or for any other reason at Red Education’s sole discretion. Red Education shall not be responsible or liable in any way if the content of the Reports about any user is not accurate, timely or complete. Users that become the subject matter of Reports may get in touch with the service provider to dispute it.
We do not directly participate in direct communications that are carried out between Students and Tutors but we may monitor user interactions if:
(a) at our sole discretion, and without obligation, we suspect or believe that anything posted by users on the site may be infringing on the rights of our site or other sites, or
(b) we need to improve our Services.
All Tutors shall provide their services as independent contractors. Tutors must adhere to instructions provided as to the content of the material for lessons and with regard to what is acceptable in terms of topics of a sensitive nature such as religion or politics. Tutors may offer English language specific tutoring or service packages for a certain number of hours that may occur over a number of tutoring sessions. These are set by Red Education (each session individually a “Tutor Session,” collectively the “Tutor Package”).
Students shall be accountable for choosing a suitable Tutor for their requirements. Students should review and investigate each Tutor’s self-reported credentials, education, and experience, as well as reviews from other Students.
Red Education is not in control of the transactions that are carried out between users except as stated in our Refund and Payment Policy and any reviews or ratings provided by users and / or their actions or omissions therein.
Students hereby agree that Services are provided with an aim to facilitate learning. Tutors are there to help you progress, not do the work for you or undertake any work which violates academic honesty policy or other conduct policies of your university, school or workplace.
Red Education expressly disclaims any liability or claims that may arise between users of its Services. You are solely responsible for your interactions with all other users and any disputes that arise from those interactions with other users. Red Education is not obliged but may monitor disputes between users.
You hereby release Red Education (and our officers, directors, agents, investors, subsidiaries, employees, contractors and any other third parties related to the Services) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with disputes between users.
Personal information or business information that you supply to us through the site, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Notice. Confidential information will not be disclosed to any third party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.
You can view Red Education’s Privacy Notice on the website, or via a link on the website for the Services you have selected. You agree to be bound by the applicable Red Education Privacy Notice, subject to change in accordance with its terms. Most importantly, you agree:
We may change these Terms and Conditions from time to time. Please ensure that you check for any changes regularly, as you are bound by them if you use this site.
We are the owner or licensee of all intellectual property rights on the site including any databases that hold relevant information about the site. They are protected by copyright or trademark registration and you may only use any such material and the documents in line with these Terms and Conditions and this paragraph specifically. If you do not use the materials in line with these Terms and Conditions and this paragraph specifically, you lose your right to use our site, and must destroy or return any copies of documents you have made of it or any part of it. We reserve all our rights conferred to us by law to remedy any such breach. Red Education reserves all rights of ownership in the Services not granted to you in writing here.
We do not guarantee the accuracy of material on our site or the materials uploaded by our users, it is for your general information and you are responsible for the way you use its content.
We shall not limit or exclude our liability for:
We shall not be liable to you for any indirect, special or consequential loss or damage, including:
We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statute.
Although we try to make the site available at all times, we do not warrant that your use of the site will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions, errors or the transfer of data and you acknowledge that the site may be subject to limitations, delays and other issues.
Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.
We use third party payment services Paypal, Wechat and PayMe to bill you through an online account payment system in lieu of directly processing your credit/debit card information. Please read our Privacy Notice for more information. These payment services enable the transfer and receipt of funds as payment for Services provided on the site. If you make payments via our site or through any related service, you agree that your activities are subject to our additional payment terms specified in the Refund and Payment Policy and Payment Notice.
For Services offered on a payment or subscription basis, the following terms apply, unless Red Education notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
a. Payments will be billed to you in Hong Kong dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
b. You must pay with one of the following:
c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
Each student may have a trial lesson the first time he/she books a lesson with Red Education. The cost of this trial lesson will be 50 Hong Kong Dollars (HKD). Trial Lessons are subject to and shall be in compliance with the Payment and Refund policy below.
Red Education strives to ensure a clear understanding of financial relations between Students and Tutors with respect to the Services we provide. In the event that you are not satisfied with the Services or any other reason applicable, you may be eligible for a refund in accordance with the terms outlined in the Refund and Payment Policy on the site. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only.
You are allowed to make a link to our site’s homepage from your website if the content on your site meets the standards of our Acceptable Use Policy and provided you do not suggest any endorsement by us or association with us unless we provide agreement in writing. We reserve the right to end this permission at any time.
Links from our site to other sites are only for information. We do not accept any responsibility for other sites, the accuracy of their content or any loss you may suffer from using and relying on them.
Tutors: If you use our Services as a Tutor:
(a) you represent and warrant that you have the right to provide your services (“Tutor Services”) contained in such session or package that you offer for the purposes of this Agreement and that you are capable of fulfilling any offers contained in such Tutor Services;
(b) you warrant that you will keep all your Tutor Services up to date on the site by notifying REDed of any changes that would affect the accuracy of such Tutor Services;
(c) you hereby grant to Red Education and its Users, the right to view and distribute your Tutor Services without restriction and you acknowledge that your Tutor Services may be widely disseminated and viewed by large numbers of people;
(d) you acknowledge and agree that Red Education may display advertisements on the Services in connection with your Tutor Packages without any payment obligation to you;
(e) you acknowledge and agree that Red Education may improve the video that you provided for your profile on the site, the improvements can be made by cutting the video to a specific size, adding the Red Education logo and the Tutor’s first name to the video and improving the quality of sound in the video. Red Education may also amend your Red Education listing description and profile as it sees fit; and
(f) you agree to use good faith efforts to coordinate how you will interact with Students online for the Tutor Services and sessions.
Students: If you use our Services as a Student:
(a) you agree to honour the commitments you make to the Tutor via the site;
(b) you agree that you will not circumvent or manipulate our fee structure, the billing process, or fees owed to Red Education or the Tutor;
(c) fail to deliver payment for items purchased by you from the Tutors; and
(d) you agree to use good faith efforts to interact with the Tutor online for the Tutor Sessions.
All lessons are recorded so that students can review these lessons at home in their own time. By being a tutor or a student using our site you provide your consent to be recorded. These recordings are for students’ use only and they can only be accessed on our highly secure encrypted database Tresorit.
If you do anything which is a criminal offence under the Computer Misuse Act 1990 (such as for example introducing viruses, worms, Trojans and other technologically harmful or damaging material) your right to use the site will end immediately, we will report you to the relevant authorities and provide them with details of your identity.
You must not try to obtain access to our server or any connected database or make any ‘attack’ on the site.
If you have any questions or a complaint about the service provided by us, please send us an email at [email protected] to make your complaint.
Red Education does not give professional advice.
Red Education is not in the business of providing legal, financial, accounting, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
We may tell you about other Red Education services
You may be offered other services, features, products, applications, online communities, or promotions provided by Red Education. If you decide to use any of these Red Education Services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Red Education Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You grant Red Education permission to use information about your business and experience to help us to provide the Red Education Services to you, including updating and maintaining your data, addressing errors or service interruptions, and enhancing the types of data and services Red Education may provide to you in the future. You grant Red Education permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. We may use this data to improve services and to compare business practices with other company standards. We may use your data to create, market or promote new Red Education offerings to you and others. You also grant Red Education permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
We may tell you about third party products or services
Subject to the Red Education Privacy Statement, you may be offered products or services by third parties who are not affiliated with Red Education (“Third Party Products”) or the Services may contain links to third party websites (“Third Party Sites”) and you agree that Red Education can use your contact information, including name and address, for the purpose of offering these products to you. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. You agree that the third parties, and not Red Education, are responsible for their product’s performance and the content on their websites. Red Education is not affiliated with these Third Party Products or Third Party Sites and has no liability for them.
Red Education may be required by law to send you communications about the Services or Third Party Products. You agree that Red Education may send these communications to you via email or by posting them on one of our sponsored websites. If you later decide that you do not want to receive future Communications electronically, please review the Privacy statement provided on the Services website to review your communications choices.
You will track your passwords and accept updates
You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Red Education as soon as possible. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RED EDUCATION, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. RED EDUCATION AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
RED EDUCATION AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
LIMITATION OF LIABILITY AND INDEMNITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF RED EDUCATION, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, RED EDUCATION AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET RED EDUCATION SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF RED EDUCATION AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF RED EDUCATION, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Red Education and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Red Education reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Red Education in the defense of any Claims.
CHANGES TO THIS AGREEMENT OR THE SERVICES
We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review the Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet-based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after Red Education posts or otherwise notifies you of any changes, indicates your agreement to the changes.
Red Education may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Red Education’s rights to any payments due to it. Red Education may terminate a free account at any time. Other requirements regarding termination or cancellation of the Services may apply based on the specific ordering terms for the Services provided to you.
You acknowledge that this website, the Services, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Services to anyone whom you have reason to know may use the Services in the development of nuclear, chemical, or biological weapons.
GOVERNING LAW AND JURISDICTION
Hong Kong law governs this Agreement without regard to its conflicts of laws provisions. To resolve any legal dispute arising from this Agreement, you and Red Education agree to the exclusive jurisdiction of courts of Hong Kong. Red Education does not represent that information on the website for the Services is appropriate or available for use in all countries. Red Education prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement is the entire agreement between you and Red Education and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone (except as expressly stated herein) without the prior written approval of Red Education. However, i Red Education may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by Red Education or (c) a successor by merger. Any assignment in violation of this Section shall be void.
Updated: 25 September 2019