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Joyfolk.co Terms of Use

Last modified: December 7, 2019

Welcome to joyfolk.co (the “Website”), an online marketplace operated by Joyfolk Sdn Bhd. (hereafter “us” “we” “our” or “Joyfolk”) connecting learners (“Learners”) with a network of independent contractor instruction providers (hereafter “Providers” or “Provider Members”). This Terms of Use (the “Agreement”) binds you or the entity you represent (“you” or “your”) to the terms and conditions set forth herein when you use or access the Website or any of our software, applications, sites, materials, products, tools and other offerings (collectively, the “Services”). If you wish to use our Services, you must read, comply with and agree to be bound by the terms of this Agreement. If you object to anything in this Agreement, do not use our Services.

1. Acceptance of Terms of Use Agreement This Agreement is an electronic contract that sets out the legally binding terms of your use of our Services, whether or not you register as a “Learner Member” or “Provider Member” (each may be referred to as a “Member”). This Agreement includes our Privacy Policy, Learner and Provider Policies, our billing policies and any further terms of use for our Services, which are all incorporated herein by reference. This Agreement may be modified by us from time to time, such modifications to be effective when provided in writing or upon posting within our Services. Certain parts of our Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and terms and conditions posted for a specific area of or within our Services, the latter terms and conditions will take precedence with respect to your use of or access to that specific Service, but this Agreement shall still apply to our legal relationship.

2. Eligibility Membership in or use of our Services is void where prohibited. Any access to or use of our Services by anyone under the age of majority is expressly prohibited and requires consent to this Agreement by a parent or legal guardian. By using our Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian. If you use our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. By using our Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. How the Service Works We are an online marketplace for Learners and a network of independent contractor Providers. We do not endorse, hire or employ the Provider Members nor are we responsible or liable for any interactions involved between Provider Members and their respective Learners Members or between Members. Our Services are separate and distinct from the services of Provider Members. For Provider Members, we offer various hosted products to support instruction including marketing, scheduling, billing and communication tools. Provider Members can also apply to use our Services where prospective Learners can review their profile, communicate with Provider Members and book and pay for lessons and other services ancillary thereto (called a "Listing"). For Learner Members, we provide a marketplace to find a network of independent contractor Provider Members and schedule lessons and other services ancillary thereto. Users may be able to review Listings as an unregistered user of our Services; however, if you wish to book a lesson as a Learner, to create a Listing as a Provider, to use hosted tools or use certain Services, you must first become a registered Member. See the “How It Works” section of the Website for more information. From time to time, we may provide new or temporary Services, such as on demand tutoring, group lesson or classes and other products, materials and services that may or may not be limited to Members. We reserve the right to restrict any Services only to Members and discontinue any product or Services at will. If a particular Provider, product or Service is discontinued or unavailable, we reserve the right to provide substitute Provider, product or Service.

4. Membership You may use some of our Services at no direct cost. However, in order to access additional features and Services, including the ability to book or manage lessons, you must become a registered Member. To become a Member, you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete throughout your use of the Services. A Member may not have more than one active Joyfolk Account. We reserve the right to suspend or terminate your Joyfolk Account and your access to our Services for any reason.

• a. Learner Membership.
As a Learner Member, you will have the ability to book and pay for lessons, manage your lesson schedule, communicate with Providers, access help documents and use any other Services provided to Learner Members. As a Learner Member you must continually comply with this Agreement and the Policies set forth here. Additional terms and conditions of service may be contained within your Learner Member account.

• b. Provider Membership. 
You must be at least eighteen (18) years old to be a Provider Member. As a Provider Member, you will have access to tools that enable you to manage marketing, scheduling, billing and communication and other tools provided by us. In addition, you will have the opportunity to apply for a Listing. Acceptance for Listing is at our sole discretion and we may remove Listings from our Services at any time for any reason. Any Listing you post (i) must not breach any agreements you have entered into with anyone, including this Agreement; and (ii) must contain accurate, current and complete information. If you are accepted and your Listing is presented within our Services, you must continually comply with this Agreement and the Provider Policies set forth here. Any Provider Member who accepts a booking through our Services must honor all terms and conditions of the Listing, this Agreement and any our additional Provider Policies in effect at the time of booking. As part of your Provider Membership, you will be required to receive messages via text / SMS and may incur costs from your carrier or mobile service provider as a result of these messages. Additional terms and conditions of service may be contained within your Provider Member account.

• c. Independent Contractor Status.
Our Services are separate and distinct from the services of the Providers. You acknowledge that Provider Members are not employees or agents of Joyfolk but are independent contractors who operate a separate and distinct business from Joyfolk. As such, we do not endorse or control the Providers, the manner or method of service to you, exercise no control over your working relationship with the Provider Member and do not warrant your safety or the service of any Provider Member. We urge all users of our Services to be responsible and careful about their use of our Services, any transaction entered into as a result of our Services and interactions with Members.

• d. General Disclaimer.
We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any information contained within the Listings or of any information posted or provided by a Member We assume no responsibility for ensuring a Member’s compliance with any applicable laws, rules and regulations or this Agreement. We have not inspected the location where any instruction will be provided. We are not responsible for the conduct, whether online or offline, of any user of our Services. Under no circumstances will we or any of our employees, officers, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or our Services, any content posted on the Website or transmitted to Members, or any interactions between users of our Services, whether online or offline. We cannot guarantee and do not promise any specific results from use of our Services. 
Some of our Services may require Learners to have a computer and a sustained and reliable internet connection. We do not provide refunds for technical failures, power outages or unreliable internet connections beyond our control. 
Our Services may give you access to links to third-party websites ("Third Party Sites"), either directly or through Providers. We not endorse any of these Third Party Sites and do not control them in any manner. Accordingly, we do not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site. 
We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of our Services by persons under the age of majority in violation of this Agreement. Also, it is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials using our Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of our Services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose using our Services. Please carefully select the type of information that you post on the Website or release to others using our Services. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE, OUR SERVICES OR OTHERWISE.

• e. Warranty Disclaimer.
OUR WEBSITE, CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF OUR SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.

• f. Code of Conduct.
While using our Services you agree not to:

• Restrict or inhibit any other visitor or Member from using our Services, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of our Services;

• Use our Services for any unlawful purpose;

• Express or imply that any statements you make are endorsed by us, without our prior written consent;

• Transmit (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);

• Engage in spamming or flooding;

• Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;

• Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;

• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or our Services;

• Remove any copyright, trademark, or other proprietary rights notices contained on the Website or applied to our Services;

• "Frame" or "mirror" any part of the Website or our Services without our prior written authorization; • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; • Harvest or collect information about Website visitors or Members without their express consent; • Create more than one profile without our express written consent; • Permit anyone else whose account or subscription was terminated, or who is not a Member, to use our Services through your subscription, username or password; • Engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; • Transfer your account or user ID to another party without our consent; • Be disruptive in any lesson or group instruction; • Solicit any instructor or user to work with or for another company for employment, independent contracting services, performances, or other service; or • Engage in any communication related to sexual conduct, nudity, or which expresses profanity.

5. Pricing. Lesson prices are agreed to at the time of payment for the number of lessons purchased. Lesson prices vary by Provider and lesson type and are subject to change at any time. Learner Members and Provider Members are obligated to honor the prices established at the time of payment. See additional Learner and Provider Policies set forth here and here. Additional pricing terms and conditions are contained within Member and Provider accounts and within email correspondence fromJoyfolk. Refunds are not provided for acts taken in violation of this Agreement or for technical failures, power outages or unreliable internet connections beyond our control. 6. Gift Memberships. • a. Purchase.
You may purchase a gift membership for a third party. When you do, the fee charged is for a 6-month membership to Joyfolk that includes access to Joyfolk software, Joyfolk Classroom, a designated number of lessons, and other Joyfolk Learner Member services. • b. Redemption.
Gift Memberships must be redeemed through Website or by phone. The Gift Membership balance is applied to the recipient’s account and is then used for 6-month access from time of purchase to Joyfolk. Lessons included in the Membership are redeemable at any time during the membership, regardless of the price of lessons at purchase or at redemption. The Member may select the instructor and the lesson details best suited for his/her needs. • c. Expiration.
Gift Memberships expire six months after purchase. All services included with the Membership must be used within that time. Lessons schedules are subject to the terms found in the Learner Policies. • d. Limitations.
We cannot accept e-check payments for Gift Memberships. Gift Memberships cannot be used to purchase other Gift Memberships. Gift Memberships cannot be refunded, reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. • e. Gift Membership Policies.
Gift Memberships and their use on the Website are subject to compliance with all agreements and policies in effect. We may provide Gift Membership purchasers with information about the redemption status of Gift Memberships. • f. Fraud.
We reserve the right to close customer accounts and request alternative forms of payment if a fraudulently obtained Gift Membership is either redeemed through Website or is redeemed and used to make purchases on the Website. 7. Term This Agreement will remain in full force and effect while you use our Services and/or are a Member. You may terminate your membership at any time, for any reason, by calling us at 0182400722, or by sending written notice of termination to Joyfolk Sdn Bhd, 134 Jalan 9, Kampung Melayu Tambahan, Ampang, Selangor 68000. To help us analyze and improve our Services, you may be asked to provide a reason for your resignation/cancellation. We may terminate your membership and/or subscription at any time through notice to your email address on file. If we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in our sole discretion. We are not required to provide you notice prior to terminating your membership. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. 8. Non-Circumvention During the term of this Agreement and for two years thereafter, no Member shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any Member introduced by us through our Services, without our consent. In case of such circumvention, such Member agrees and guarantees that such Member will pay a legal monetary penalty that is equal to the commission or fee we would have realized in such transactions, had Member not circumvented our rights under this Agreement. 9. No Non-Permitted Use by Members Use of our Services is only with our permission, which may be revoked at any time, for any reason, in our sole discretion. Illegal and/or unauthorized uses of our Services may be referred for criminal prosecution. 10. Account Security You are responsible for maintaining the confidentiality of your username and password. You shall not disclose your password to any unauthorized third party and will take sole responsibility for any activities or actions under your Joyfolk Account, whether or not you have authorized such activities or actions. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in features if linked to your Joyfolk account. 11. Your Interactions with Other Members and Our Limitation of Liability • a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT NOT ALL PROVIDERS ON THE WEBSITE HAVE BACKGROUND CHECKS AND THAT WE DO NOT PERFORM BACKGROUND CHECKS ON LEARNER MEMBERS. THE EXTENT OF OUR BACKGROUND CHECK IS LIMITED BY THE QUALITY AND SCOPE OF SERVICE PROVIDED BY OUR THIRD PARTY INVESTIGATIVE SERVICE AND THE LIMITATIONS OF COMPUTER ACCESSIBLE PUBLIC RECORDS. NOT ALL JURISDICTIONS OR CRIMES ARE EVALUATED AS PART OF THE CRIMINAL BACKGROUND CHECK. WE DO NOT ATTEMPT TO VERIFY THE QUALIFICATION OR STATEMENTS OF OUR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. • b. NO MEMBER IS OBLIGATED TO MEET OFFLINE WITH ANY OTHER MEMBER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF OUR SERVICES. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE EXPERIENCE WITH MEMBERS YOU MEET THROUGH OUR SERVICES. YOU DO SO AT YOUR OWN RISK AND AT YOUR OWN PERIL. • c. IN NO EVENT SHALL JOYFOLK AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSIONS OF YOU, JOYFOLK AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES, OUR THIRD PARTY INVESTIGATIVE SERVICE, ANY MEMBER OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF OUR SERVICES OR PERSONS YOU MEET THROUGH OUR SERVICES, OR OTHERWISE. • d. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW,THE LIABILITY OF JOYFOLK AND/OR ITS OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, TO YOU AND YOUR HEIRS AT LAW FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR OUR SERVICES DURING THE PRECEDNG TWELVE MONTHS, UP TO A MAXIMUM OF FIVE THOUSAND DOLLARS. 12. Content within our Services • a. Proprietary Rights.
The Website and our Services contains the copyrighted material, trademarks, and other proprietary information ofJoyfolk, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. • b. Reliance on Content, Advice, Etc.
Opinions, advice, statements, reviews, offers, or other information or content made available through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 13. Content Posted by You As a Member, you may be able to post Content (herein defined as uploading videos, photos, providing reviews of Members, attendance in live classes online through Joyfolk owned technology, and other forms of user contributions to the Site or Service). You are solely responsible for the Content that you publish or display (hereinafter, “post”) using our Services, or transmit or display to other Members. You will not post on the Website or Service, or transmit or display to other Members, any defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). By posting Content using our Services, including attending any online class through Joyfolk Live or any other part of the Joyfolk Service, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party. 14. Customer Service We may provide assistance and guidance through our customer care representatives. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees. 15. Modification to Services We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services. Notification of changes to our Services may be posted within your Member profile, on the Website or communicated through our Services. 16. Copyright Policy The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Malaysia Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or used in any of our Services in a way that constitutes copyright infringement, please contact us immediately at hello@joyfolk.co 17. Member Disputes You are solely responsible for your interactions with other Members. We reserve the right, but not the obligation, to monitor disputes between you and other Members. 18. Privacy and Communications Use of our Services is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to our Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see our Privacy Policy for more information regarding these communications. 19. Links Our Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource. . 20. Taxes You are responsible for collecting and paying your own taxes due if and when applicable. We are unable to provide you with tax advice and you should consult your own tax advisor. • • A. All Other Countries

For sales in countries other than the European Union, You are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location). • 25. Miscellaneous If either party does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement, including, without limitation Sections 4, 8, 11, 21, 22 & 23, shall survive termination of this Agreement. This Agreement, including the documents referenced herein, contains the entire agreement between you and us regarding the use of the Website and/or our Services. This Agreement is binding on the parties hereto and their successors and assigns. Please contact us at 0182400722 with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. ©2019 Joyfolk Sdn Bhd. All Rights Reserved.

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