Terms And Conditions [Student User]
We are EDMORE (Private) Limited (trading as Help.lk). We are a limited company incorporated in Sri Lanka and our full details (including how to get in touch with us) are set out at the end of these terms.
These Terms and Conditions form a legally binding agreement between Help.lk and you (namely, the Student User). You hereby acknowledge and agree that these Terms and Conditions apply to your access to, and use of any services through the Website and the Mobile Applications. If you do not agree to be bound by all of these Terms and Conditions, please do not access or use the Help.lk Service.
Should you be under the age of 18, please obtain prior confirmation from your parents or guardians in respect of these Terms and Conditions.
Definition and Interpretation
- In these terms and conditions, unless the context otherwise requires.
|a)||“Academic Institution”||means any third-party institution or organization operating for educational, training, academic and/or tutoring purposes for children or youth, including but not limited to primary and secondary schools, colleges and tutoring centres;|
|b)||“Authorized Person”||means tutors, teachers and principal of the Academic Institution or guardians of the Student;|
|c)||“Content Provider”||means any User who provides contents in specified forms for educational, training, academic and/or tutoring purposes pursuant to his respective agreements with Help.lk;|
|d)||“Fair Use Policy”||means Help.lk’s Fair Use Policy as stated on the Website and the Mobile Application;|
|e)||“Mobile Application”||means mobile application “Help.lk” for iOS devices and “Help.lk” for Android devices and any modified or updated versions of the aforesaid applications;|
|f)||“Parties”||means Help.lk and Student User;|
|g)||“Provided Content”||means all contents and materials in all specified formats provided by Content Provider; and|
|h)||“Help.lk”||means Edmore (Private) Limited. Traded as Help.lk;|
|i)||“Help.lk Service”||means any academic tutoring platform services provided through the Mobile Application and/or on the Website;|
|j)||“Specified Payment Gateway”||means the specified payment gateway of which Student User makes payment via the Website and/or Mobile Application;|
|k)||“Student User”||means any User who has signed up to Help.lk Services as a student and has subscribed to designated plans to ask questions on the academic tutoring platform provided under Help.lk Service;|
|l)||“Tutor”||means any User who has signed up to Help.lk Service as a tutor and provide answers and/or solutions to questions asked by the Student User on the academic tutoring platform provided under Help.lk Services;|
|m)||“User”||means Student User, Tutor, Academic Institutions and Content Provider; and|
|n)||“Website”||means the website Help.lk or any other website as directed by Help.lk from time to time.|
- Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate unincorporated associations and partnerships.
- Headings are to be ignored in the construction or interpretation of any provision of these Terms and Conditions.
- Help.lk Service provides an online academic tutoring platform accessible through the Mobile Application and the Website, on which Student User is permitted to post questions in relation to his academic studies at any time, and Tutor may at his discretion provide answers and/or solutions to any questions posted.
- Student User hereby acknowledges and agrees that Help.lk only acts as an intermediary between Tutor and Student User, and Help.lk does not act as the agent of Tutor or Student User or any other User.
- The User who intends to use Help.lk Services as a Student User must sign up to Help.lk Services and register as a Student User through the Mobile Application or the Website. During the registration, the Student is required to provide personal information and data, failing which no registration will be proceeded.
- Help.lk has the sole right and discretion to request the Student User to provide further and additional documents and information in order to facilitate verification of identity, and may refuse registration and/or suspend any services if the Student User fails to provide the requested documents and/or information within the requested period. After the completion of verification, the Student User will be informed, by way of email, to activate the Student User’s account.
Membership Subscription, Payment and Automatic Renewal Membership Subscription
- Student User need to subscribe to membership plan available and pay the corresponding membership fee before he is permitted to access to Help.lk Services.
- Each Student User shall only register one (1)Student User account. The Student User account is personal and cannot be shared with, transferred or assigned to any third parties. The Student User shall be responsible to keep his account log-in details confidential.
- Help.lk may change, suspend or discontinue any aspect or feature of Help.lk Service, the Mobile Application, the Website and the settings of the Student User’s account at any time without giving any prior notice and obtaining the prior content of the Student User.
- Help.lk has absolute rights to at any time suspend or terminate the Student User’s account without any prior warning notice and consent from the Student User if (i) the personal information or academic credential provided by the Student User during the registration are incorrect, false, not updated or incomplete, or (ii) Help.lk is of the option that the Student User’s actions or behaviors or interactions with any other User on the platform or otherwise has prejudiced to the enjoyment of Help.lk Services by any other Users, or has prejudiced to the reputation or operation of Help.lk or Help.lk Service, or (iii) the Student User is in breach of or fails to comply with these Terms and Conditions or (iv) the Student User fails to pay membership fee or any payment.
- Help.lk only accepts the payment methods prescribed in the Website and/or Mobile Application. Student User may from time to time change or update the payment method. By selecting online payment, Student User hereby expressly authorizes Help.lk to bill and charge membership fee from his designated account or his credit card. If a Student User is using parents’ or guardians’ credit cards or any other payment methods, the Student User must have informed and obtained his parent’s approval. Help.lk does not have an obligation to give a prior notice to the credit card holder or account holder.
- Help.lk accepts two types of membership fee:-
14.1 Once-off payment: Student User who pays a one-off payment will get question tokens for unlimited time and/or as stated on the web page and/or the invoice.
14.2 Subscription fee: Student User may choose to subscribe the Services for a period of 6 months, or a year.
- The Student User hereby agrees that the pricing information of any Help.lk Service currently contained on the Website and the Mobile Application are only reflecting the current pricing. The pricing will be changed or revised from time to time. Help.lk shall have absolute rights to change or revise the pricing from time to time without any prior notice to or consent of the Student User.
- By making any payment through the Website and/or Mobile Application, the Student User is deemed to have accepted the separate sets of terms and conditions of the relevant Specified Payment Gateway. The Student User is also deemed to have accepted the terms and conditions and the mechanisms of the relevant Specified Payment Gateway in relation to refund (if applicable).
- The Specified Payment Gateway may charge administrative fees and/or other processing fees from the Student User. Help.lk shall not be responsible for the said fees and that the Student User shall solely be responsible for the said fees.
- Help.lk shall not be liable for any loss, damages, costs and expenses suffered by the Student User arising out of or in connection with (i) any act, default, omission or negligence of the Specified Payment Gateway or (ii) the closedown, suspension or frozen of the Specified Payment Gateway.
- All membership fees paid are non-refundable.
- The Student User acknowledges and agrees that the membership plan will be automatically renewed on the same terms when the subscription period is expired.
- The Student User acknowledges and agrees that Help.lk is authorized to bill and charge from the Student User’s designated account or his credit card for the payment or fee without any prior notice for the renewal term. If a Student User is using parents or guardians’ credit cards or any other payment methods, the Student User must have informed and obtained his parent’s approval. Help.lk does not have an obligation to give a prior notice to the credit card holder or account holder.
- Help.lk will suspend the Student User’s access and use of Help.lk Services without any prior notice if the Student User’s designated account or his credit card has insufficient amount for the automatic renewal.
- If the Student User does not wish to renew his membership plan, the Student User shall send Help.lk a formal notification through the Website or the Mobile Application 7 days before the subscription is expired. If the Student User fails to send a prior formal notification as mentioned hereinabove, the Student User may request for the refund of the fee or payment for the renewal term and cancel the renewal plan within two (2) months after the commencement of the renewal term, provided that the Student User has not used any Help.lk Service on the Website and/or Application during the renewal term. The Student User agrees that Help.lk shall have the absolute and final discretion to determine whether the Student User is eligible for the refund of the fee or payment for the renewal term.
- The Specified Payment Gateway may charge administrative fees and/or other processing fees from the Student User for the refund. Help.lk shall not be responsible for the said fees and that the Student User shall solely be responsible for the said fees.
The Student User’s behaviour
- The Student User can post questions in relation to his academic studies in an online tutoring platform. The number of questions to be posted is subject to the subscribed membership plan.
- The Student User shall specify clearly which part(s) of the question does he require assistance and explanations from the Tutor.
- The Student shall ensure that he understands the Tutor’s answer or solution. If the Student has any doubt in relation to the Tutor’s answer or solution, the Student shall ask the Tutor for further explanation in a polite manner.
- The Student shall not ask the Tutor more than one (1) question in one(1) tutoring session.
- The Student shall respond to the Tutor’s queries during the tutoring session. If the Student User fails to respond to the Tutor’s queries within 1 hours, the Tutor or Help.lk is entitled to end the session and such session is deemed to be used up by the Student User. If the Student wishes to ask the Tutor the same or similar question, he needs to ask such same or similar question in another tutoring session.
- The Student User shall not post or make available any content to the Website and/or the Mobile Application which:-
|a)||encourages any illegal or immoral activities;|
|b)||is pornographic, obscene, violent, contains nudity or may otherwise offend human dignity;|
|c)||contains any profane language, hate speech, content which is offensive or is likely to harass, embarrass, bully or upset any other person or group;|
|d)||is insulting, abusive or threatening;|
|e)||infringes or violates another person’s rights (including intellectual property rights and privacy rights); or|
|f)||involves any transmission of spam or junk messages.|
- The Student User shall not use the Website and/or Mobile Application to:-
|a)||conduct any fraudulent behavior;|
|b)||engage in any illegal or immoral activities;|
|c)||engage in any activities which are prohibited by his school;|
|d)||prejudice the enjoyment of Help.lk Service of any other User;|
|e)||perform any unwelcoming, inappropriate or offensive interactions with any other User;|
|f)||harm the reputation of Help.lk and/or Help.lk Service; or|
|g)||interfere the provision of Help.lk Service.|
- The Student User hereby expressly agrees and undertakes that the questions posted must be for the Student User’s own study or academic or educational purposes. Help.lk shall have absolute rights to determine the purpose or nature of the questions and remove any question it deems inappropriate without any prior notice.
- Without prejudice to any rights of Help.lk under these Terms and Conditions, Help.lk shall have right to report and provide reasonable assistance to any law enforcement agent or judicial authorities of Sri Lanka and/or other jurisdictions for any suspected illegal activities observed in Student User’s actions or behaviors or interactions with any other User on the platform or when using Help.lk Service, the Website and/or Mobile Application.
- The Student User hereby expressly agrees that Help.lk shall have right to disclose to the Authorized Person the information and data in relation to the Student User, including but not limited to unique identifier of the Student User, his school name, form, class, topic, concept, skill, difficulty of Question & Answer, QZ activity, trend, analysis or insight obtained or derived by Help.lk from the said information and data and/or through the use of Help.lk’s Service, provided that the disclosure of the said information and data is for the purpose of (i) evaluating or reviewing the progress of the Student User, (ii) preparing course materials or education materials for the Student User.
- The Student User hereby acknowledges and agrees that Help.lk is hereby authorized to use or disclose the following data and information of the Student User to the Authorized Person.
|a)||number of questions or specific questions the Student User attempted;|
|b)||number of questions or specific materials the Student User viewed;|
|c)||in app event tracking or screen recording; the time the Student User spent doing specific questions;|
|d)||the time the Student User spent doing specific questions;|
|e)||Student User’s behaviors on Help.lk Service;|
|f)||Student User’s device or model;|
|g)||Student User’s information and records interacting with other Users; and/or|
|h)||in-app competitions between Student User and other User.|
- The Student User hereby acknowledges and agrees that the other User may see his school name, user name, grade and/or profile picture.
- The Student User hereby acknowledges and agrees that if the Student User signs in using Facebook, Help.lk will obtain his data and information including but not limited to first name, last name, gender, birthday and school name through Facebook.
- The Student User hereby agrees that Help.lk shall have rights to review and make use of all in-chatroom, whiteboard, in app call and video call content for audit or overall service improvement of the Help.lk Service.
Fair Use Policy
- The Student User, who subscribes membership for unlimited questions asked, shall comply with Help.lk’s Fair Use Policy as stated on the Website and the Mobile Application. If any Student User contravenes the requirements and/or guidelines stated in the Fair Use Policy or abuse the Fair Use Policy, Help.lk is entitled to (i) immediately terminate the Help.lk Service to Student User or (ii) immediately suspend Student User’s account or Help.lk Service, provided that a prior notice of abusing Fair Use Policy has been given to such Student User but the abusing act continues or happens again. No refund of any membership fee or payment is allowed.
- The Student User will be constituted as abusing the Fair Use Policy if he does the following acts:
|a)||sharing his Help.lk account with any third party (including but not limited to User);|
|b)||re-selling, assigning or transferring his account to any third party;|
|c)||using the Help.lk subscription for business use or any non-academic purpose;|
|d)||unusual tutor asking patterns inconsistent with normal or individual subscription use;|
|e)||regular calls of short duration;|
No Disclosure of Personal and Contact Information
- The Student User agrees that the questions must not contain any personal contact information (including but not limited to phone number, email, social media account or address) and any information which enable the Tutor or any other User to contact or reach Student User (or any third parties) outside the platform. Student User is also prohibited from requesting or making enquiries on any personal contact or information from Tutor or other User.
- Help.lk strictly prohibits provision or exchange of contact information between Users. Help.lk does not encourage communication, correspondence or interaction of any kind outside the platform of Help.lk Service. Help.lk shall not be responsible for any interactions amongst Users outside the platform of Help.lk Service.
- The Website and the Mobile Application, together with Help.lk Service, are exclusively owned and operated by Help.lk. No reproduction, republication, upload, copy, transmit, distribution, display or otherwise use of any materials or contents on the Mobile Application or the Website is allowed or permitted without prior written consent from Help.lk.
Intellectual Property Rights of Contents and Materials
- Help.lk is the exclusive owner of intellectual property rights of all contents and materials of the Help.lk Service, including but not limited to the questions, answers and solutions. Student User shall not disclose, leak, spread, publish, distribute, release or disseminate any questions, answers or solutions obtained from and/or provided on the platform to any third parties outside the platform without prior written consent of Help.lk.
Representations, Warranties and Undertakings
- The Student User hereby warrants and undertakes that:-
|a)||the Student User will not use the Mobile Application and/or the Website and/or Help.lk Service for any unlawful or immoral purposes;|
|b)||the Student User has not been refrained from entering into these Terms and Conditions;|
|c)||the Student User’s access to, or use of the Mobile Application and/or the Website and/or Help.lk Service is not illegal or prohibited by law; and/or|
|d)||the Student User will not post any questions or contents which are improper, offensive, defamatory, indecent, obscene, violent, explicit or legally prohibited or irrelevant contents.|
- The Student User hereby warrants and undertakes not to use the Mobile Application and/or the Website and/or Help.lk Service in the following ways:
|a)||engaging in any illegal or immoral activities;|
|b)||infringing the intellectual property rights of any third party; and/or|
|c)||interfering with or disrupting (or attempting to interfere with or disrupt) any servers or networks connected to the Mobile Application or the Website.|
Limitation of Liability and Disclaimers
- Help.lk shall not be liable for any loss and damages (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by Student User arising from or in connection with: (a) Student User’s access to, or use of Help.lk Service, the Website or the Mobile Application; (b) any decision or action taken by Student User in reliance on any content or information thereof; or (c) any error or defect in the Website or the Mobile Application, or (d) any answer or solution obtained from the Tutor or through the use of the Mobile Application and/or the Website.
- Help.lk does not warrant, represent or guarantee the following:-
|a)||the questions posted by Student User will be answered, or that the answers and/or solutions provided by Tutor are true, correct, update, completed and/or accurate;|
|b)||the accuracy, completeness, reliability, usefulness, update or suitability of the Student User’s use of Help.lk Service. The Student User is responsible for the use of any information or contents obtained from Help.lk Service, either through the Mobile Application or the Website and either the information or contents are provided by Help.lk, its advertising clients, other Users or otherwise. The Student User should make his own enquiries to check if the information so obtained is accurate, complete, reliable, updated and suitable for his intended use;|
|c)||the identity of Users of Help.lk Services or the accuracy of information provided in the course of the other Users’ registration or use of Help.lk Service. For avoidance of doubt, Help.lk does not conduct inquires on the personal background or criminal records of any User. Therefore, the Student User is at his own risk and responsibility for all interactions with other User of Help.lk Service. Help.lk is not responsible for any loss or damage whatsoever, whether direct, indirect, general, special, compensatory, consequential or incidental, arising out of or relating to the conduct of other Users in the course of using Help.lk Services, including but not limited to death, bodily injuries, emotional distress or any damages resulting from the Student User’s interaction with any other Users in the course of using Help.lk Services;|
|d)||the Website, the Mobile Application or Help.lk Service will be uninterrupted or error-free, defect-free or virus-free;|
|e)||any electronic files available through the Website or the Mobile Application will be free of any harmful code or virus; and|
|f)||the Website or the Mobile Application is compatible with the Student User’s mobile device or computer.|
- All information appearing in the Mobile Application and on the Website is of education or academic nature only and is not intended to constitute professional, medical, financial or any other advice on otherwise aspects. The Mobile Application and the Website may provide information that includes the views or recommendations of others that are not necessarily views of Help.lk.
- The Student User shall indemnify, defend, and hold harmless Help.lk, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’, investigators’, and experts’ (or similar) fees, disbursements and costs incurred, in connection (i) with the Student User’s use of use Help.lk Service, (ii) in connection with the Mobile Application and/or the Website and/or Help.lk Service, (iii) with regard to any dispute between the Student User and other Users, or (iv) Student User’s violation of these Terms and Conditions, or (v) arising from Student User’s violation of any rights of a third party.
- Help.lk may terminate this Agreement with the Student User with immediate prior notice if the Student User breaches or fails to comply with any provision of these Terms and Conditions.
- The Student User may terminate the subscription of the membership plan at any time with or with giving any reasons by sending Help.lk formal notification through the Website or the Mobile Application. The Student User acknowledges and agrees that all membership fees paid are non-refundable upon termination, unless otherwise specified in these Terms and Conditions.
- If the Student User wishes to switch to a different membership plan, the Student User must terminate the subscription of the existing membership plan and subscribe to the other membership plan.
- The Student User hereby acknowledges and agrees to be bound by the terms of the Copyright Policy as stated on the Website and the Mobile Application.
Third Party Links
- The Student User hereby acknowledges that the Mobile Application and the Website may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Mobile Application and the Website. Links to and from the Mobile Application and the Website to other mobile applications or sites, maintained by third parties, do not constitute an endorsement by the Help.lk or any affiliate of any third-party site or content. Help.lk is not responsible for the availability of these third-party resources, or their contents. Help.lk has not reviewed any or all of the mobile applications or sites linked to the Mobile Application and the Website and is not responsible for the content of any third-party pages or any other mobile applications or sites linked to the Mobile Application and the Website. The Student User’s linking to other third-party sites is at his own risk. By clicking on any such link, the Student User acknowledges that the Mobile Application and the Website have no control over, and makes no representations of any kind with respect to, such other mobile applications, sites or any content contained within such other mobile applications or sites, and the Student User hereby revokes any claim against Help.lk with respect to such other sites. The Student User should direct any concerns regarding any external link to its mobile application or site administrator or Webmaster.
- These Terms and Conditions embodies all the terms and conditions agreed upon between the Parties as to the subject matter of the Terms and Conditions and supersedes and cancels in all respects all previous correspondence, understandings and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.
- The failure of any party hereto at any time to require performance or observance by any other party of any provision of these Terms and Conditions shall in no way affect the right of such first party to require performance of this provision and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms and Conditions.
- If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
- The Contracts (Rights of Third Parties) shall not apply to these Terms and Conditions and unless specifically herein provided no person other than the parties to these terms and conditions shall have any rights under it nor shall it be enforceable by any person other than the parties to it. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation and/or settlement under or relating to these Terms and Conditions are not subject to the consent of any third party.
- In these Terms and Conditions, the masculine gender shall include the feminine and neuter and the singular number shall include the plural and vice versa. In these Terms and Conditions, these headings are inserted for convenience only and shall not affect the construction of these Terms and Conditions.
- Unless specified otherwise herein, all notices must be in writing and addressed to the other party’s email address. The notice will be deemed given when verified by automated receipt or electronics lots.
- These Terms and Conditions is governed by and shall be construed in all respects in accordance with the laws of Sri Lanka and all the Parties hereto hereby submit to the exclusive jurisdiction of the Sri Lankan courts in connection with any matters arising hereunder.
- Tutors shall honour the honour code published on the help.lk website. (https://help.lk/tutors-honor-code/)
- If the student is sponsored by an organization, help.lk will be sharing information related to that particular student with the sponsoring organization. This includes, Phone number, Email, location, questions, session details and other information related to that student.
- The Student User hereby acknowledges and agrees that Help.lk shall have the right to amend or modify these Terms and Conditions from time to time. Any changes will be reflected by an update of these Terms and Conditions. Help.lk shall send the Student notification in respect thereof by way of emails and pop-up messages of the Mobile Application and post the notice in respect thereof on the Website.
- These Terms and Conditions are effective from January 2020.
Edmore (Private) Limited
The Companies Act No 7 of 2007
No. 14 Sir Baron Jayatilaka Mawatha, Colombo 01
End of the document.