Welcome to ILK Learning!
These Terms of Use (“Terms”) govern your access or use of the websites and mobile applications and services (collectively the “ILK Platform Channel”) provided ILK Learning Limited (referred to as “ILK” “we” or “us”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING, DOWNLOADING, INSTALLING OR USING ILK PLATFORM CHANNEL. YOUR ACCESS AND USE OF THE ILK PLATFORM CHANNEL CONSTITUTES YOUR AGREEMENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS INCLUDING ANY ADDITIONAL TERMS AND CONDITIONS REFERENCED HEREIN, AVAILABLE ON THE ILK PLATFORM CHANNEL. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OR DOWNLOAD THE ILK PLATFORM CHANNEL.
ILK reserves the right to amend revise or modify these Terms at any time. You should read these Terms carefully and regularly. You will be deemed to have agreed to the amended Terms by your continued access or use of the ILK Platform Channels following the date on which the amended Terms are published.
1. General Terms
1.1 ILK Platform Channel may be used by (i) individuals who have reached 18 years of age (“Students/Participants”), (ii) parent(s) or legal guardian(s) (“Parents”); and (ii) organisations and corporate legal entities, e.g. companies (“Corporates”), where applicable (each the “User”).
1.2 Children under the age of 18 must obtain full consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take full responsibility for your actions and any charges associated with your access or use of the ILK Platform Channels and/or any purchase. If you do not have full consent from your parent(s) or legal guardian(s), you must stop accessing or using the ILK Platform Channels immediately. If you are the parent or legal guardian of a child under the age of 18, you may use the ILK Platform Channel on behalf of such child and that you represent and warrant that you are the parent or legal guardian of such child.
1.3 These Terms expressly supersede any prior agreements or arrangements with you.
2. Our Service
2.1 ILK provides a platform for users to obtain certain type courses by third party provider (“Tutor”) and our role is merely to connect User with such Tutor. ILK is not responsible for any acts and/or omissions of any Tutor, and any liability in relation to such courses shall be borne solely by the Tutor. The Tutor is not an agent, employee or staff of ours and the courses or services provided by third party providers shall not be deemed to be provided by us.
2.2 ILK does not charge any fees for registering an account with us. Some aspects of ILK Platform Channel are made available free of charge for browsing and searching on ILK Platform.
2.3 When you place an order for a course (“Order”) with third party service provider (“Tutor”), ILK acts as an agent for the Tutor to facilitate, process and conclude the Order for you. In no case ILK is a party to any contracts made by the Tutor and you, or any other service or materials provided by the Tutor. ILK will in no way be responsible for monitoring any transactions between Tutor and User.
3. ILK Account
3.1 You do not need to register as a member of ILK Platform Channel in order to browse some sections of the platform, but you will need to register for an ILK account for full access to complete features on the platform. If you are browsing the ILK Platform Channel and have not registered with us, your access and usage of the platform is still subject to the Terms herein.
3.2 On registering an ILK account, you will need to provide your personal information including valid email address, mobile number, password and valid payment method and details for the purchase of an Order. You agree to maintain accurate, complete and up-to-date information of your ILK account. You are solely responsible for all activity that occurs under your ILK Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
3.3 You may close your ILK account at any time by emailing your request to us. We may suspend your access or terminate your ILK account permanently, if we reasonably believe that:
3.3.1 your account has been used by someone else; or
3.3.2 you are engaged in any activity or conduct which in our opinion amount to an abuse of our Service (e.g. making repeated unreasonable complaints about a Tutor or our employees, staffs or another valid reason); or
3.3.3 your account is dormant for more than 18 months.
4. Restricted Activities
4.1 You acknowledge and agree that ILK’s service and ILK Platform Channel provide and facilitate education purposes. Any illegal activities or conducts are strictly prohibited. ILK reserves the right to investigate and take appropriate legal action against anyone who, in ILK’s sole discretion, engages in any prohibited activities.
4.2 The following is a non-exhaustive list of prohibited activities on ILK Platform Channels, including but not limited to:
4.2.1 hiring Tutors for illegal purposes such as to complete assignments, to write test/exam papers, take quizzes or otherwise do work on User’s behalf;
4.2.2 conducting any purpose that violates honesty policy or other conduct polices of User’s school, college, university, academic institution or workplace;
4.2.3 violating or encouraging the violation of any local legislations, laws or regulations;
4.2.4 interfering with or disrupting the ILK Platform Channels or Services or networks connected to the ILK Platform Channel;
4.2.5 disobeying any requirements, procedures, polices or regulations of networks connected to ILK Platform Channels;
4.2.6 impersonating any person or entity, or otherwise misrepresent your affiliation with a person or entity;
4.2.7 collecting or storing personal data or information of other Users or Tutors, including e-mail addresses, without their consent;
4.2.8 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
4.2.9 posting content that constitutes or depicts cyber-bullying, life-threatening, or otherwise dangerous and risky behaviour as determined by ILK in its sole discretion;
4.2.10 posting telephone numbers, street addresses, or last names of any person;
4.2.11 posting URLs to external websites or any form of HTML or programming code;
4.2.12 posting anything that may be “spam,” as determined by ILK in its sole discretion;
4.2.13 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by ILK in its sole discretion;
4.2.14 sending any message that is unlawful, libellous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise abhorrent, as determined by ILK in its sole discretion;
4.2.15 allowing any other person or entity to use your identification for posting or viewing comments;
4.2.16 stalking, harassing, threatening, or abusing any person on the ILK Platform Channels;
4.2.17 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of ILK, exposes ILK or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
4.2.18 encouraging other people to engage in any prohibited activities as described herein.
4.3 ILK reserves the right but is not obligated to do any or all of the following:
4.3.1 investigate an allegation that any content posted on ILK Platform Channels does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
4.3.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
4.3.3 suspend or terminate a user’s access to ILK Platform Channels or their ILK Account upon any breach of these Terms;
4.3.4 monitor, edit, or disclose any content on ILK Platform Channels; and
4.3.5 edit or delete any content posted on the ILK Platform Channels, regardless of whether such content violates these standards.
5. Eligibility and Conduct of Use
5.1 By using ILK Platform Channel, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein. You understand and agree to the followings:
5.1.1 provide accurate, current, and complete information about you and/or User as prompted by registration form on the ILK Platform Channels (“Registration Data“);
5.1.2 maintain the security of your password and identification;
5.1.3 maintain and promptly update the Registration Data and any information you provide to ILK, to keep it accurate, current and complete; and
5.1.4 accept all risks of unauthorised access to information and Registration Data.
5.1.5 ensure you or the User is suitable, fit (physically or mentally), age appropriate and eligible for the Course.
5.1.6 abide by ILK tutor and user payment policies, including the to pay all fees associated with the Services including:
5.1.6.1 tutor’s hourly or course rate as listed;
5.1.6.2 transportation fees (if applicable and agreed); and
5.1.6.3 cancellation policy stated in the tutor’s profile on the ILK Platform Channels and Clause 4 stated herein the Terms.
5.2 Place an Order
5.2.1 After choosing a Course, you may add the Course to the cart, and you may repeat the process if you wish to choose another Course.
5.2.2 You should follow the onscreen instructions to complete the purchase of the Course(s). You may be required to provide additional details at Checkout to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, course details, personal details, payment information is true and accurate before you place an “ORDER”. An Order is successfully placed upon your receipt of our email confirmation enclosing your Order receipt (“Email Confirmation”).
5.3 Cancellation
5.3.1 You may cancel an Order without charge at any time before the Tutor’s acceptance and/or our Email Confirmation, whichever is earlier. You must contact us immediately via email or our in-app customer support chat feature (if available). If the Tutor accepts the Order and/or our Email Confirmation is sent to you, whichever is earlier, the Order will be charged fully.
6. Refund
6.1 ILK strives to ensure clear understanding of financial relations between User and Tutor with respect to the Service, there is strict no refund policy, save and except in special circumstances where refunds will be made at the sole discretion of ILK.
7. Prices and Payments
7.1 Prices and offers on ILK Platform Channel may vary from the prices the Tutors offered on their own websites, mobile applications or other platforms).
7.2 We use third party payment services, or such other payment method that is offered to you from time to time. You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. With your consent, your credit card/payment information will be stored with our third party payment service provider(s) for future orders. ILK does not store your credit card or payment information. For more details on privacy security, please refer to our Privacy Policy.
8. Intellectual Property
8.1 ILK is the owner of, or licensee of, all design, layout, logos, images, materials, videos, software, including these Terms as published on the ILK Platform Channels or in our marketing material, whether registered or unregistered (collectively the “IP Rights”). You may not otherwise copy, reproduce, republish, download, post, broadcast, transmit, use, distribute, make available to public or modify these IP Rights in any way, save and except for your own personal, non-commercial use or with our prior express written consent.
9. Disclaimer Representations and Warranties
9.1 You acknowledge and agree that use of the ILK Platform Channels is at your own risk and discretion, unless otherwise explicitly stated ILK Platform Channels including the information, services and contents are provided on an “as is”, “as available” and “with all faults” basis. ILK makes no representations and warranties, express, implied or statutory, conditions or guarantees as to the reliability, quality, suitability, timeliness, usefulness, availability, truth, accuracy, or completeness of ILK Platform Channels, Courses and/or the Services. ILK disclaims all express or implied conditions, representations, and warranties of any kind including any implied warranty or condition of merchantability, satisfactory quality or fitness for a particular purpose.
9.2 ILK does not control, manage or direct any Tutor, its employees or third party providers. The Tutor, its employees or third party providers are not employees of ILK. ILK shall not be responsible for any act or omissions by them.
9.3 ILK does not control, endorse or take responsibility for any User/Tutor contents or third party content available or lined to by the Services. You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from ILK Platform Channels, including any damages resulting from computer viruses.
9.4 ILK makes no warranty or presentations that:
9.4.1 ILK Platform Channels shall be secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses;
9.4.2 the results from the use of the ILK Platform Channels will be accurate or reliable;
9.4.3 the quality of the Courses, Services, content, information or other material purchased or obtained from the Tutors will meet your expectations or requirements; or
9.4.4 any errors in the ILK Platform Channels will be corrected.
10. Limitation of Liability
10.1 To the extent permitted by law, ILK (which shall include its employees, directors, agents, representatives, affiliates and parent company shall not be liable for indirect, incidental, special, exemplary, punitive or consequential loss or damages (whether arising in contract, in negligence or otherwise) including loss of profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, personal injury or property damage related to, in connection with, or otherwise resulting from any use of or in connection with the ILK Platform Channels or Services or any third party providers or any website linked to our ILK Platform Channels and any content or material posted on it. Unless otherwise stated, and to the fullest extent allowed by law, any claims against ILK by you shall be limited to the aggregate amounts actually paid by and/or due from you in utilising the service during the event giving rise to such claims.
10.2 ILK shall not be a party to any disputes or negotiations of disputes between you and the Tutor, its employees including any third-party. Responsibility for the decisions you make regarding services and/or products offered via the service and/or the ILK Platform Channels (with all its implications) rests solely with and on you. You expressly waive and release ILK from any and all liability, claims, causes of action, or damages arising from your use of the service and/or the ILK Platform Channels, or in any way related to the third parties including Tutors, its employees, agents, advertisers and/or sponsors introduced to you by ILK Platform Channels.
10.3 The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer available under applicable legislation and law.
11. User and Parent Responsibility
11.1 Any reviews, background information, course details are for references only, Users and parents of minor students are responsible for selecting the right tutor and course for their needs.
11.2 Users and parents acknowledge that the Tutors are not employees or agents of ILK and ILK is not under any duty for verifying the respective Tutors’ backgrounds and behaviours.
11.3 All Courses, sessions, classes or any format a course would take place should be supervised by a responsible adult for minor Users.
12. Tutor Liability
12.1 Tutors are responsible for the organisation, preparation, quality, standard, of Courses. ILK shall not be liable for any loss or damage arising from your contractual relationship with the Tutor.
12.2 ILK shall neither be liable for actions or omissions of the Tutor nor you in regard to provision of the Courses and your Order. ILK does not assume any liability for the quantity, quality, condition or other representations of the Courses and/or services provided by Tutors or its employees or agents nor guarantee the accuracy or completeness of the information (including Course information, photos and images of the Courses) displayed on the Tutor’s listing/offering on ILK Platform Channels. Nothing in these Terms shall exclude Tutor’s liability for death or personal injury arising from Tutor’s gross negligence or wilful misconduct. Where applicable, ILK’s role as a payment collection agent is solely mechanical and administrative in nature and ILK does not owe to you a duty of care or any fiduciary duties.
13. Indemnity
13.1 You agree to indemnify, defend, hold harmiess ILK its directors, officers, employees, representatives, agents, and affiliates, from and against any and all claims, demands, cause of action, losses, expenses, liability, damages, and/or costs (including but not limited to, legal fees) arising from, including but not limited to, your:
13.1.1 use, acts and/or omissions of ILK Platform Channels;
13.1.2 violations of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relation to ILK Platform Channels;
13.1.3 breach of these Terms;
13.1.4 disputes with or between Tutors and/or other Users;
13.1.5 use and/or misuse any information, content and/or materials on ILK Platform Channels.
14. Risk Assumption
14.1 You agree and understand that you assume all risks when using the Site, including but not limited to any and all of the risks associated with any online or offline interactions with Tutors and other Users. You agree to take all necessary precautions when interacting with Tutors and other Users.
14.2 You further agree that you will cooperate as requested by ILK in the defence of such claims as set out in Clause 13.1.
15. Third Party Websites and Links
15.1 ILK Platform Channels may contain links, advertisements and promotions of other third party. ILK does not control or endorse these third party websites or links and is not responsible for the contents therein. ILK accepts no liability or responsibility for any loss or damage as a result of your access and use of these third party links, advertisements and websites.
16. Termination
16.1 ILK has the sole discretion to terminate deactivate and/or suspend your account and access to the ILK Platform Channels, we provide to you in respect of an Order, for any reason, including, without limitation, if ILK, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. ILK may, but shall be under no obligation to, provide you a warning prior to termination of your use of the ILK Platform Channels.
17. Amendments
17.1 ILK has sole discretion to change, modify or amend all or any part of these Terms at any time without notice. Any changes thereto will be notified via the Website and, where appropriate, through e-mail notification, and shall be effective immediately upon posting on ILK Platform Channels.
17.2 You are deemed to agree and accept the new Terms by continuation of use of ILK Platform Channels. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using ILK Platform Channels immediately.
18. Severability
18.1 The invalidity or unenforceability of any particular provision of this Agreement, or portion thereof shall not affect the other provisions or portions thereof; and this Agreement shall be construed in all respects as if any such invalid or unenforceable provisions or portions thereof were omitted and this Agreement shall remain in full force and effect.
19. Personal Data Protection
19.1 You agree and consent to ILK collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available here and shall form a part of these Terms.
20. Governing Law and Jurisdiction
20.1 Any dispute, controversy, difference or claim arising out of or relating to this Term, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration in the law of Hong Kong Special Administrative Region.
21. Prevailing Language
21.1 In the event of any dispute as to the Terms, the English version shall prevail.
22. Contact Us
22.1 If you have any questions or comments, please contact us by emailing our customer support email or via our in-app user support chat feature (if available).
