Terms of Use

(Last updated: 18 June 2023)

Please read these Terms of Service (hereinafter – the “Terms”) carefully before using the Mallo Academy Platform and/or Services (as defined below). If you do not accept these Terms in their entirety, including the agreement to arbitrate on an individual basis any claims between you and Mallo Academy (referred to as “Mallo”, “we”, and “us”), a registered company under the laws of the Republic of Korea, you must not access or use the Mallo Platform.

 

1. GENERAL INFORMATION

 

1.1 Terms of Service

These Terms describe the terms and conditions applicable to your access and use of the website, located at www.malloacademy.com, and its sub-domains (the “Website”), and any related software (collectively with the Website, the “Mallo Platform”).

Use of the Services is subject to these Terms and any other rules or policies published on the Website or otherwise made available to you by Mallo. You understand that by purchasing and using the services made available to you on the Mallo Platform, you enter into a legally binding contract with Mallo with effect from this date and indicate your unconditional acceptance of these Terms.

These Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, are legally binding agreements governing the relationship between Mallo and any User (as defined below) or visitor of the Mallo Platform. As a User or a visitor of the Mallo Platform, the collection, use, and sharing of your personal data are subject to the Privacy Policy and Cookie Policy, as may be amended from time to time.

 

1.2 Mallo Services

You may access and use the Mallo Platform as: (i) a registered user seeking online Korean language tutoring services over internet calls and messaging tools, made available by Mallo (the “Student”); (ii) a registered user providing online Korean language tutoring services over internet calls and messaging tools, made available by Mallo (the “Tutor”); or (iii) a visitor of the Website, including any Mallo Bits.

Throughout these Terms, “you” or “your” may refer as applicable to the Student, the Tutor, or a visitor accessing or using any of our Services (each the “User”)

Mallo services include access to the Mallo Platform for Students to book 20-minute slots with selected Tutors to carry out Korean learning over online calls, and the chat service that utilises the KakaoTalk mobile app for Students to ask questions regarding Korean and Mallo Services. It also includes facilitation of payments for Students, and customer support and related services.

You are responsible for obtaining and paying for any equipment and Internet service necessary to access the Services. We may alter, suspend, or discontinue the Mallo Platform or the Services in whole or in part, at any time and for any reason, without notice. The Mallo Platform may also become unavailable periodically due to maintenance or malfunction of computer equipment or other reasons. We may provide access to third party services and products from time to time or to our own products or Services. You acknowledge that the Mallo Platform is evolving and that the form and nature of the Services may change from time to time without notice to you.

 

1.3 Amendments to these Terms

We reserve the right to amend or modify these Terms at any time, by posting a revised version on the Website and by notifying you through the Mallo Platform. The latest version is published on this page, we encourage you to check the page regularly for updates.

If you do not agree with the amendments to these Terms, you have the right to terminate these Terms by discontinuing your use of the Services and providing a termination notice to Mallo. By continuing to use the Services following the amendment of these Terms, you consent to be bound by the Terms as amended.

 

2. OBLIGATIONS

 

2.1 Services Eligibility

Services are available only to and may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 but not younger than the age of 13 can use our Services only in conjunction with and under the supervision of a parent or a legal guardian. The parent or the legal guardian shall at all times be responsible for any and all activities related to the use of the Services by the aforementioned individuals.

You agree and confirm that you will not allow any individual younger than the age of 13 to use the Services.

2.2 Verification

Mallo may request a Tutor to provide a copy of government-issued ID (passport, driver’s license, etc.) and other documents to confirm any claimed educational credentials. Once a Tutor passes the verification procedure, the Tutor will be added to the list of Mallo Tutors, and any digital copies of the documents will be safely disposed of.

Mallo does not endorse or make any representations or warranties regarding the accuracy, completeness, and reliability of any information provided by the Tutor within the verification procedure.

Mallo cannot confirm that each User is who they claim to be. You agree and understand that you assume all risks when using the Services, including without limitation any and all of the risks associated with any online or offline interactions with other Users.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Neither Mallo nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of the Services. Mallo, its affiliates, and licensors will not be liable for any claim, injury, or damage arising from or in connection with your use of the Services.

 

2.3 Rights to Suspend

Mallo reserves the right to suspend and/or terminate a User from Mallo Platforms for any reason considered to be valid at Mallo's sole discretion.

 

2.4 Privacy

You may use the Mallo Platform without providing personally identifiable information. When using the Services, you may be requested to provide your personal data. To learn more about our privacy practices, please refer to Mallo Privacy Policy.

 

2.5 Payment

Payment processing on the Mallo Platform is provided by third-party payment processors including, but not limited to PayPal, allowing us to:

  1. bill the Students in lieu of directly processing your credit/debit card information;
  2. enable payouts to the Tutors.

Please review the additional payment terms as specified in the Refund and Payment Policy.

More details on the security of your payment and billing information may be found in our Privacy Policy.

We use third-party payment processors Braintree PayPal and Stripe to bill you as Students in lieu of directly processing your credit/debit card information. Please read more on how the security of your payment and billing information is handled in our Privacy Policy.

 

2.6 Refund

Mallo strives to ensure a clear understanding of the financial relations with respect to the Services we provide. Please check our Refund and Payment Policy to find out more about how we handle refunds. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only.

 

3. RIGHTS AND LIMITS

 

3.1 Your Right to Use the Mallo Platform

In case you are a Student, Mallo hereby grants you, on the Terms set forth herein, a nontransferable, non-sublicensable, non-exclusive, limited right to access and use the Mallo Platform solely for your non-commercial personal use.

In case you are a Tutor, Mallo hereby grants you, on the Terms set forth herein, a nontransferable, non-sublicensable, non-exclusive, limited right to access and use the Mallo Platform solely for the provision of Services to the Students.

You agree not to view, copy, or procure content or information from the Mallo Platform by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Mallo Platform (except as may be a result of the standard search engine or Internet browser usage) unless formally authorized by Mallo under separate written agreement.

You agree not to inquire about the engagement of or to engage Tutors to complete assignments, write papers, take quizzes, or otherwise do work on your behalf. Further, you agree not to use the Services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution, or workplace.

No Mallo materials made available to you as part of the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Mallo’s prior written permission or as expressly provided in these Terms.

You may not share or transfer your account credentials with any third party.

Mallo may impose reasonable limits on your scope of access to the Mallo Platform, including limits on time or volume of information accessed or devices used to access the Mallo Platform, to prevent unauthorized third-party use of the Services.

All rights not expressly granted herein are reserved.

 

3.2 Your Account

Certain parts of our Services are reserved for registered users only. To become a registered user, you must purchase a package and create a Student account on the Mallo Platform. You agree that you are responsible for protecting your account credentials from unauthorized use, and you are responsible for all activity that occurs under those account credentials. You agree to notify us immediately if you believe that any of your account credentials have been or may be used without your permission so that appropriate action can be taken.

You may use the Website and its features without being a registered user. This shall not preclude the application of these Terms and other Mallo’s rules and policies applicable to your use of the Website, including but not limited to when you interact with the Website.

Mallo uses external services, such as SimplyBook.me for account creation and class bookings. Your information will be stored safely on SimplyBook.me, according to their policies. Please note, SimplyBook.me may have their own terms and conditions that you should check regularly for updates. Mallo does not take responsibility for any errors by SimplyBook.me with regards to your account. You can check SimplyBook.me's terms and conditions by clicking here.

You may not (i) create more than one account to access Mallo Services, (ii) share your account credentials with any third party, or (iii) transfer your account to any third party. Mallo is not responsible for any loss or damage caused by or expense incurred by you as a result of your failure to safeguard your account credentials. You agree that you shall not rent, resell, or remarket the Mallo Platform or provide access to the Services to any third party.

When you create an account on Mallo, we may collect certain personal data directly from you.

When you create a Tutor account, it is obligatory to provide your profile photo a short personal introduction. The security of any personal data you choose to share within your account is subject to our Privacy Policy.

 

3.3 Direct Interactions

Mallo does not take part in direct interactions between Students and Tutors except when we consider it advisable:

  1. to ensure compliance with these Terms;
  2. to improve our Services;
  3. to settle any disputes; or
  4. as stated in our Refund and Payment Policy.

 

3.4 Representations and Warranties

Tutor-Specific:

If you provide the Services as a Tutor:

  1. you will provide the tutoring services in accordance with these Terms and other policies set forth by Mallo and made available to you via email or by posting on the Website;
  2. you will provide the tutoring services in accordance with laws and regulations applicable in the state or country where you are providing the tutoring services;
  3. you are solely responsible and fully liable for any violation of any local laws and regulations that apply to your provision of the tutoring services;
  4. you have obtained all registrations, certifications, licenses, and other documentation that are required in the applicable jurisdiction for providing the tutoring services. It is your obligation to maintain the validity of all aforementioned documentation;
  5. you will not provide tutoring services to the Students outside of the Mallo Platform, receive payments from the Students directly, or encourage or solicit payment from the Student directly or through any channels other than those provided by Mallo;
  6. you acknowledge and agree that Mallo may advertise tutoring services that you provide via the Mallo Platform without any additional payment or obligation to you;
  7. you will adhere to contracts and any addendums that you will be required to sign prior to providing any Services.

 

Student-Specific

If you use the Services as a Student:

  1. you agree not to engage with Tutors outside of the Mallo Platform, or as outlines in these Terms;
  2. you agree not to use the Mallo Platform for any other activities than is intended, as outlined in the Terms;
  3. you agree that you will not circumvent or manipulate the fee structure, the billing process, or fees owed to Mallo; and
  4. you agree to use good faith efforts to interact with the Tutors.

 

3.7 User Complaints

If a User has a complaint about Services, they should contact Mallo at team@malloacademy.com with the subject line ‘Formal Complaint’ (the “Complaint”), providing as much detail as possible about the Complaint. Mallo shall respond to the User confirming receipt and shall investigate the matter. Upon receiving the Complaint, Mallo customer support shall investigate the Complaint internally, taking into account the importance and complexity of the issue or issues raised.

If the Complaint relates to a specific Mallo employee, another Mallo representative will help with the investigation in their place.

Mallo shall respond to the User with its findings in response to the Complaint, and, where applicable, with a suggested solution.

 

3.8 Call Recording

You acknowledge and agree that Mallo will record and, from time to time monitor, the Services provided to you. The recording is intended for the purpose of ensure the quality of the Services and to settle any possible disputes. Recordings will be shared only with the Student and not externally, used for individual targeting, or used for any sales, marketing, or other promotional purposes.

By using the Services, you agree and give consent for such recordings that is gratuitous, unsolicited, and without restriction. You agree that Mallo may use these recordings without fiduciary or other obligation and without any additional compensation.

You may request to remove any existing recordings by writing to team@malloacademy.com.

 

3.9 Referral Program

Teacher-Specific

 

Student-Specific

 

3.10 Limits

While using the Services, you agree to abide by the User Code of Conduct.

 

4. MALLO CONTENT

Users have a personal, non-transferable, non-exclusive right to use the Mallo Content of the Mallo Platform subject to these Terms. The “Mallo Content” means all information, text, images, data, links, or other material accessible through the Mallo Platform, whether created by us or provided by a third party on or through the Mallo Platform. The Content may contain typographical errors, other inadvertent errors, or inaccuracies. We reserve the right to make changes to the Mallo Content without obligation to issue any notice of such changes. You may view, copy, download, and print the Mallo Content that is available on or through the Mallo Platform, subject to the following conditions:

  1. The Mallo Content is available solely for your personal use. No part of the Mallo Platform or the Mallo Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;
  2. The Mallo Content may not be modified;
  3. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on the Mallo Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Mallo Platform or any Mallo Content, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of the Mallo Content.

 

5. USER-GENERATED CONTENT

The “User-generated Content” means all comments, remarks, information, feedback, text, photographs, links, data, images, video, music, or other material that you or any User post to any part of the Mallo Platform or provide to Mallo, including such content or information that is posted as a result of surveys.

We are not responsible or liable for the conduct of Users or for views, opinions, and statements expressed in the User-generated Content submitted for public display through the Mallo Platform. We do not pre-screen information posted online. We are acting as a passive conduit for such distribution and may not be responsible for the User-generated Content. Any opinions, advice, statements, services, offers, or other information in the User-generated Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of Mallo. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User-generated Content. You are responsible for ensuring that the User-generated Content submitted to the Mallo Platform is not provided in violation of any copyright, trade secret, or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secrets, or other intellectual property rights, or any other harm resulting from your use, uploading, posting, or submission of the User-generated Content to the Mallo Platform.

We have the right, but not the obligation, to randomly monitor, edit or remove any User generated Content submitted on or through the Mallo Platform at any time.

If you believe that your intellectual property rights have been infringed, please submit your complaint to team@malloacademy.com. You may report all types of intellectual property claims, including, but not limited to, copyright, trademark, and patent claims. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

 

6. LINKS TO THIRD-PARTY WEBSITES

The Mallo Platform may contain links to non-Mallo websites. These links are provided to you as a convenience and/or ancillary to the Services, and Mallo is not responsible for the content of any linked website. Any non-Mallo website accessed from the Mallo Platform is independent from Mallo, and Mallo has no control over that website’s content. In addition, a link to any non-Mallo website does not imply that Mallo accepts any responsibility for the content or use of such a website. Use of any third-party website is subject to its own terms of service and privacy policy. We request that the Users exercise caution and good judgment when using third-party websites.

 

7. ADVERTISEMENTS

Mallo may run advertisements and promotions sponsored by third parties on the Mallo Platform. Your correspondence or business dealings with, or participation in promotions of advertisers other than Mallo found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. Mallo is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Mallo advertisers on the Mallo Platform.

Mallo may display advertisements on non-Mallo websites to promote the services you provide via the Mallo Platform and help generate more Student leads.

 

8. NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Mallo of that third party or of any product or service provided by a third party. Mallo does not endorse, warrant, or guarantee any product or service offered by any third party and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising caution and good judgment.

 

9. RELATIONS BETWEEN MALLO AND USERS

By providing the Services, Mallo is acting as an on-demand intermediary connecting Students and Tutors and providing the tools to facilitate Services. You acknowledge and agree that Mallo is a technology services provider that does not provide online tutoring services or functions as a language learning school.

Mallo does not serve as an employer of any User unless separately subject to a signed, written employment contract signed by both the User and Mallo. Users may use the Services only for the provision and receipt of Services subject to these Terms.

As such, Mallo will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, workers’ compensation insurance, social security, or payroll withholding tax in connection with your use of Services. You are solely responsible for adhering to all applicable tax regulations that may apply in connection with your use of the Services. You hereby agree to compensate Mallo for all state fees, claims, payments, fines, or other tax liabilities that Mallo will incur in connection with the obligations arising from applicable tax or other regulations not being met by you.

In all cases of use of the Mallo Platform, Users are acting as independent contractors and not as Mallo’s or any other party’s employee, agent, franchisee, or servant. Accordingly, you will be solely responsible for all costs incurred by you or your organization. You may not act as an employee, agent, or representative of Mallo, nor bind any contract on behalf of Mallo. Where, by implication of mandatory law or otherwise, you shall be deemed an employee of Mallo, you hereby agree to waive any claims against us that may arise as a result of a such implied employment relationship. No User is entitled to participate in any Mallo vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by Mallo to its employees.

The Services provide connection to Tutors who are willing to be engaged by Students as independent contractors. As independent contractors, each Tutor decides when and how often the Tutor will be available to provide the tutoring services to Students. Each Tutor controls the methods, materials, content, and all aspects of the tutoring services. The Services allow Tutors to create subject-specific tutoring services.

Students are responsible for selecting the Tutor suitable for their learning goals. Students should check each Tutor's self-reported credentials, education, and experience, as well as reviews from other Students.

Tutors may and, in fact are expected to perform the tutoring services for others or do other types of work (either as an independent contractor or employee or other) while these Terms are in effect, including with Mallo’s competitors if desired, provided that such other activities do not result in the Tutor’s violation of the Terms.

 

10. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without Mallo’s written consent. These Terms shall be binding and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees, and assigns.

 

11. FEEDBACK

You acknowledge and agree that we may provide you with a mechanism to provide feedback, suggestions, and ideas about the Services or the Mallo Platform (the “Feedback”).

By submitting any Feedback, you provide us a written consent to use your Feedback for the improvement and promotion of the Services. You agree that submitting a Feedback is gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation and that we are free to use the Feedback without any additional compensation to you and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.

You further acknowledge that, by accepting your Feedback, Mallo does not waive any rights to use similar or related ideas previously known to Mallo, or developed by its employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancement and modifications to the Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, or without it in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

 

12. NOTIFICATIONS

Unless you otherwise indicate in writing, Mallo will communicate with you by email, regular mail or by posting communications on the Mallo Platform. You consent to receive communications from us electronically, and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when we send it to the email address you have provided to Mallo within your account or when we post such communication on the Mallo Platform. You should keep your email address updated in your account and regularly check this Website for postings. If you fail to respond to an email message from Mallo regarding the violation, dispute, or complaint within 2 (two) business days, we will have the right to terminate or suspend your account.

To stop receiving specific communications from Mallo, please, submit a notification to us by email at team@malloacademy.com in order to change the types and frequency of such communications, you may also change notification preferences in your account.

 

13. TERMINATION

Other than Tutors, we may terminate any User’s access to the Mallo Platform in our sole discretion, for any reason and at any time, with or without prior notice. It is our right to terminate Users who violate these Terms, as deemed appropriate in our sole discretion.

We may terminate a Tutor’s provision of the Services (i) immediately for failure to comply with the Terms, including the User Code of Conduct, which considers a material breach of the agreement; (ii) for other cause, including, but not limited to, sexual or other unwelcome harassment, threats or intimidation, fraud, falsification of documents or qualifications; or (iii) immediately upon written notice for any reason.

We may also delete or restrict access to or use of all related information and files. Mallo will not be liable to Users or any third party for any modification, suspension, or termination of the Service, or loss of related information.

In case Mallo suspends or terminates your account due to the breach of these Terms or any of Mallo policies, you understand and agree that you shall receive no refund or compensation for any unused or scheduled lessons/classes, or loss of any content or information associated with your account.

In the case you have not taken any calls within the indicated time period stated in the Pricing page, the remaining call balance will expire, and you shall receive no refund or compensation for the expired calls.

Even after your right to use the Services has been terminated or suspended, these Terms will remain enforceable against you.

 

14. INTELLECTUAL PROPERTY RIGHTS

All intellectual property in the design and layout of the Mallo Platform and the material and information published on the Website pages or within the Mallo Platform functionality belongs to and is vested in Mallo or its licensors. You may not copy any part of the Mallo Platform or otherwise do anything in relation to any part of the Mallo Platform. You may not otherwise use or reproduce any of the Mallo Platform or the material contained within it in any manner other than those listed above without first obtaining the prior written permission of Mallo.

Unless otherwise noted, all Mallo Content contained on the Mallo Platform is the property of Mallo and/or its affiliates or licensors and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The service marks and trademarks of Mallo, including without limitation Mallo and the Mallo logos are service marks owned by Mallo. Any other trademarks, service marks, logos, and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.

You may not link or frame to any pages of the Website or any Mallo Content contained therein, whether in whole or in part, without prior written consent from Mallo. You may like or follow Mallo or share links to the Website via social networking technology referenced on the Website. Any rights not expressly granted herein are reserved.

 

15. COPYRIGHT

Mallo respects content owner rights and complies with Copyright Law under the Korean Copyright Act.

 

16. CONFIDENTIALITY

You may obtain direct access via the Services to certain confidential information of Mallo, its affiliates or Users, including but not limited to personally identifiable information, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You agree to hold Confidential Information in strict confidence and not use the Confidential Information except for the purposes set forth in these Terms and not disclose such Confidential Information to any third party. All right, title and interest in the Confidential Information remains with Mallo, its affiliates and its Users. No obligation is imposed upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Mallo, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) is disclosed in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Mallo adequate to afford Mallo the opportunity to object to the disclosure.

 

17. DISCLAIMER OF WARRANTY

Use of the Services is entirely at your own risk. Mallo disclaims all liability in connection with any interactions, correspondence, transactions, and other dealings that you have with any third parties, including without limitation Students or Tutors found on or through the Mallo Platform (including on or via linked websites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, services, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Under no circumstances will we be liable for any loss or damage caused by your reliance on the information in any content on the Mallo Platform. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Mallo Platform.

Mallo and its affiliates and licensors are not liable or responsible for any results generated through the use of the Services. We provide no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, Mallo does not warrant that: (i) the information available on the Mallo Platform is free of errors; (ii) the functions or services (including but not limited to mechanisms for the downloading and uploading of content) provided by the Mallo Platform will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) the Mallo Platform or the server(s) that makes it available are free of viruses or other harmful components. Neither Mallo nor its affiliates or licensors is responsible for the conduct, whether online or offline, between Users.

In addition, a Student has the option to choose a Tutor at their preferred time slot. Each Student is responsible for selecting their Tutor and Mallo does not recommend any particular Tutor. Mallo does not provide any warranties or guarantees regarding any Tutor’s professional accreditation, registration, or license.

Mallo is not obliged, but may attempt to assist in resolving disputes between Users.

 

18. LIMITATION OF LIABILITY

 

(a) Disclaimer. In no event shall Mallo be liable to any User of the Mallo Platform or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of use, inability to use, unauthorized access to or use or misuse of the Mallo Platform or any information contained thereon, whether based upon warranty, contract, tort (including negligence) or otherwise, even if has been advised of the possibility of such damages or losses.

(b) Limitation. You agree that Mallo’s total cumulative liability in connection with these Terms, the Mallo Platform, the Services, the Mallo Content, or any listing or services whether in contract, tort, or otherwise, shall not exceed the amounts, if any, you paid to Mallo for the Services in the then-prior three month.

 

19. INTERNATIONAL

The Mallo Platform may be accessed from countries other than the Republic of Korea. The Mallo Platform and the Services may contain products or references to products that are only available within the Republic of Korea and its territories. Any such references do not imply that such products will be made available outside the Republic of Korea.

If you access and use the Mallo Platform outside the Republic of Korea, you are responsible for complying with all applicable local laws and regulations.

We make no representation that information on the Mallo Platform is appropriate or available for use outside the Republic of Korea. Those who choose to access the Mallo Platform from outside the Republic of Korea do so on their own initiative and at their own risk.

Mallo may, at its own discretion, restrict Service to certain countries and areas where comply with Korean regulations and legislations is not possible. Depending on your exact location, you may encounter an IP or payment purchase block when attempting to enroll in or otherwise access the Mallo Platform.

 

20. GOVERNING LAW

These Terms shall be governed by the laws of the Republic of Korea.

 

21. NON-SOLICITATION

Without limitation, the Services may not be used to solicit for any other business, website, or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through Mallo without express written permission from Mallo.

You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of Mallo.

 

22. HEADINGS

The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.

 

23. ENTIRE AGREEMENT. SEVERABILITY

These Terms, together with any amendments and any additional agreements you may enter into with Mallo in connection with the Services, shall constitute the entire agreement between you and Mallo concerning the Services. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

 

24. CONTACTS

For additional information and in case you have any questions about these Terms, please team@malloacademy.com.