Terms and Conditions of Wizmo Services
These Terms and Conditions form a legally binding agreement between Snapask and you (namely, the Teacher 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 Wizmo Service.
Definition and Interpretation
1. 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 centers;
b) “Assessment Records” means records of any graded tasks that Teacher User has assigned to students in school;
c) "Authorized Person" means tutors, teachers and principal of the Academic Institution or guardians of the Student;
d) “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 Snapask;
e) "Fair Use Policy" means Snapask's Fair Use Policy as stated on the Website and the Mobile Application;
f) “Mobile Application” means mobile application “Snapask – Instant tutor support” for iOS devices and “Snapask: Instant Homework Help” for Android devices and any modified or updated versions of the aforesaid devices;
g) “Parties” means Snapask and Teacher User;
h) “Provided Content” means all contents and materials in all specified formats provided by Content Provider; and
i) School means the school of the Teacher User
j) “Snapask” means Snapask (Holdings) Inc. including its subsidiaries, related and/or associated companies;
k) “Teacher User” means any User who has signed up to Wizmo Services as a teacher and has subscribed to designated plans to upload students’ assessment on the academic analysis platform provided under Wizmo Service;
l) “User” means Teacher User, Tutor, Academic Institutions and Content Provider; and
m) “Website” means the website www.snapask.com or any other website as directed by Snapask from time to time.
n) “Wizmo Service” means any academic analysis services and web-based analytics report issued based on Assessment Records provided by Teacher User through the Website and/or Mobile Application.
2. 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.
3. Headings are to be ignored in the construction or interpretation of any provision of these Terms and Conditions.
4. Wizmo Service provides an online academic analysis platform accessible through the Website and Mobile Application, on which Teacher User is permitted to upload students’ Assessment Records in relation to his school at any time, where such Assessment Records will be analysed to issue web-based reports.
5. The Teacher User hereby acknowledges and agrees that Snapask does not act as the agent of Teacher User or any other User.
6. The User who intends to use Wizmo Services as a Teacher User must sign up to Wizmo Services and register as a Teacher User through the Website. During the registration, the Teacher is required to provide personal information and data, failing which no registration will be proceeded.
7. Snapask has the sole right and discretion to request the Teacher 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 Teacher User fails to provide the requested documents and/or information within the requested period. After the completion of verification, the Teacher User will be informed, by way of email, to activate the Teacher User’s account.
Teacher User Account
8. Teacher User needs to subscribe to membership plan available and pay the corresponding membership fee before he is permitted to access to Wizmo Services.
10. Each Teacher User shall only register one (1) Teacher User account. The Teacher User account is personal and cannot be shared with, transferred or assigned to any third parties. The Teacher User shall be responsible to keep his account log-in details confidential.
11. Snapask may change, suspend or discontinue any aspect or feature of Wizmo Service, the Mobile Application, the Website and the settings of the Teacher User’s account at any time without giving any prior notice and obtaining the prior content of the Teacher User.
12. Snapask has absolute rights to at any time suspend or terminate the Teacher User’s account without any prior warning notice and consent from the Teacher User if (i) the personal information or academic credential provided by the Teacher User during the registration are incorrect, false, not updated or incomplete, or (ii) Snapask is of the option that the Teacher User’s actions or behaviors or interactions with any other User on the platform or otherwise has prejudiced to the enjoyment of Wizmo Services by any other Users, or has prejudiced to the reputation or operation of Snapask or Wizmo Service, or (iii) the Teacher User is in breach of or fails to comply with these Terms and Conditions.
The Teacher User’s Behaviour
13. The Teacher User can upload students’ assessment in an online analysis and content recommendation platform. The number of assessments to be posted is subject to the subscribed membership plan.
14. The Teacher User shall not post or make available any content to the Website and/or the Mobile Application which:-
15. The Teacher User shall not use the Website and/or Mobile Application to:-
16. The Teacher User hereby expressly agrees and undertakes that the Assessment Records posted must be for the Teacher User’s own study or academic or educational purposes. Snapask shall have absolute rights to determine the purpose or nature of the Assessment Record and remove any question it deems inappropriate without any prior notice.
17. Without prejudice to any rights of Snapask under these Terms and Conditions, Snapask shall have right to report and provide reasonable assistance to any law enforcement agent or judicial authorities of Hong Kong and/or other jurisdictions for any suspected illegal activities observed in Teacher User’s actions or behaviors or interactions with any other User on the platform or when using Wizmo Service, the Website and/or Mobile Application.
18. The Teacher User hereby expressly agrees that Snapask shall have right to disclose to the Authorized Person the information and data in relation to the Teacher User, including but not limited to unique identifier of the Teacher User, his school name, form, class, topic, concept, skill, difficulty of question, trend, analysis or insight obtained or derived by Snapask from the said information and data and/or through the use of Wizmo Service, provided that the disclosure of the said information and data is for the purpose of (i) evaluating or reviewing the experience of the Teacher User, (ii) preparing course materials or education materials for the Teacher User.
19. The Teacher User hereby acknowledges and agrees that Snapask is hereby authorized to use or disclose the following data and information of the Teacher User to the Authorized Person:
20. The Teacher User hereby acknowledges and agrees that the other User may see his school name, user name, and/or profile picture.
21. The Teacher User hereby acknowledges and agrees that if the Teacher User signs in using Facebook, Snapask will obtain his data and information including but not limited to first name, last name, gender, birthday and school name through Facebook.
22. The Teacher User hereby agrees that Snapask shall have rights to review and make use all in-chatroom content for audit or overall service improvement of the Wizmo Service.
Fair Use Policy
23. The Teacher User, who subscribes membership for unlimited questions asked, shall comply with Snapask's Fair Use Policy as stated on the Website and the Mobile Application. If any Teacher User contravenes the requirements and/or guidelines stated in the Fair Use Policy or abuse the Fair Use Policy, Snapask is entitled to (i) immediately terminate the Wizmo Service to Teacher User or (ii) immediately suspend Teacher User's account or Wizmo Service, provided that a prior notice of abusing Fair Use Policy has been given to such Teacher User but the abusing act continues or happens again. No refund of any membership fee or payment is allowed.
24. The Teacher User will be constituted as abusing the Fair Use Policy if he does the following acts:
25. The Website and the Mobile Application, together with Wizmo Service, are exclusively owned and operated by Snapask. 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 Snapask.
Intellectual Property Rights of Contents and Materials
26. Snapask is the exclusive owner of intellectual property rights of all contents and materials of the Wizmo Service, including but not limited to the question papers, questions and web-based analysis report. Teacher 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 Snapask.
Representations, Warranties and Undertakings
27. The Teacher User hereby warrants and undertakes that:-
28. The Teacher User hereby warrants and undertakes not to use the Mobile Application and/or the Website and/or Wizmo Service in the following ways:
Limitation of Liability and Disclaimers
29. Snapask 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 Teacher User arising from or in connection with: (a) Teacher User’s access to, or use of Wizmo Service, the Website or the Mobile Application; (b) any decision or action taken by Teacher 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 information or analytics result obtained from the web-based analytics report or through the use of the Mobile Application and/or the Website.
30. Snapask does not warrant, represent or guarantee the following:-
31. 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 Snapask.
32. The Teacher User shall indemnify, defend, and hold harmless Snapask, 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 Teacher User’s use of use Wizmo Service, (ii) in connection with the Mobile Application and/or the Website and/or Wizmo Service, (iii) with regard to any dispute between the Teacher User and other Users, or (iv) Teacher User’s violation of these Terms and Conditions, or (v) arising from Teacher User’s violation of any rights of a third party.
33. Snapask may terminate this Agreement with the Teacher User with immediate prior notice if the Teacher User breaches or fails to comply with any provision of these Terms and Conditions.
34. The Teacher User may terminate the subscription of the membership plan at any time with or without giving any reasons by sending Snapask formal notification through the Website or the Mobile Application. The Teacher User acknowledges and agrees that all membership fees paid are non-refundable upon termination, unless otherwise specified in these Terms and Conditions.
35. If the Teacher User wishes to switch to a different membership plan, the Teacher User must terminate the subscription of the existing membership plan and subscribe to the other membership plan.
37. The Teacher 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
38. The Teacher 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 Snapask or any affiliate of any third-party site or content. Snapask is not responsible for the availability of these third-party resources, or their contents. Snapask 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 Teacher User’s linking to other third-party sites is at his own risk. By clicking on any such link, the Teacher 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 Teacher User hereby revokes any claim against Snapask with respect to such other sites. The Teacher User should direct any concerns regarding any external link to its mobile application or site administrator or Webmaster.
39. 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.
40. 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.
41. 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.
42. The Contracts (Rights of Third Parties) Ordinance (Cap. 623) 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.
43. 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, thee headings are inserted for convenience only and shall not affect the construction of these Terms and Conditions.
44. 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.
45. These Terms and Conditions is governed by and shall be construed in all respects in accordance with the laws of Hong Kong and all the Parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.
46. The Teacher User hereby acknowledges and agrees that Snapask shall 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. Snapask shall send the Teacher notification in respect thereof by way of emails and post the notice in respect thereof on the Website.
These Terms and Conditions is effective from 17th June, 2020.