Please read this Terms and Conditions carefully before accessing or using the Tutors’ System. It is understood that upon accessing the system, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the system. You agree to review the Terms and Conditions periodically and your continued access or use of the system shall be deemed your conclusive acceptance of these Terms and Conditions.

I. Definition of Terms

In these Terms & Conditions, these particular expressions have the following meanings:

• “Agreement” means Independent Contractor Agreement.
• “Contractor” means you as an Independent Contractor.
• “Establishment” means Brilliant Rightpoint Limited (Hong Kong).
• “Fee” means service fee
• “We”, “our”, “us” means Brilliant Rightpoint Limited (Hong Kong).
• “You”, “his”, “himself”, “he” means any person regardless of gender engaged by the establishment as an Independent Contractor.

II. Legal Personality

The Establishment is a company organized and existing under the laws of Hong Kong, People’s Republic of China. It is an entity separate and distinct from other companies in the Philippines, Hong Kong, China, US, and the UK.

III. Business Undertakings

At its sole prerogative, the Establishment may enter into any ventures, partnerships, and/or other business undertakings with other companies. However, the relationship including rights and responsibilities between the Establishment and the Independent Contractors shall not be affected by reason of said other business undertakings.

To address the need of additional manpower brought about by the demands of companies needing service providers to supply them with workers who will teach English language online, the Establishment has partnered with various companies (Acadsoc Ltd., Rightwork, etc. to name a few) as part of its strategic business activities. As a result, the Establishment will be engaging the services of Independent Contractors for a fee.

• 1. The contractual obligation and relationship between the Establishment and other companies are separate and distinct from the contractual obligation and relationship between the Establishment and the Independent Contractors.
• 2. These other companies have no contractual obligation and relationship, either directly or indirectly, with the Establishment’s Independent Contractors.

IV. Nature of Service

You will be engaged by the Establishment as an Independent Contractor. As such:

• 1. There’s no employee-employer relationship. The contractor is independent from the Establishment.
• 2. The contractor will pay for his own SSS, Philhealth and Pag-ibig contributions.
• 3. The Establishment shall pay service fees as payment to the contractor’s services.
• 4. The Establishment is not required to pay the contractor 13th month pay and other government-mandated benefits.
• 5. The contractor is a seasoned worker and don’t need a training that is or will be sponsored by the Establishment.
• 6. The contractor has its own registered residential address. Thus, he doesn’t work at the establishment’s office and does not utilize its furniture and equipment.

i. The Establishment agrees that the contractor's services need not be rendered at any specific location and may be rendered at any location selected by the contractor himself.

ii. Tools and equipment (internet connection, PC/laptop, webcam, camera, headset, etc) to be used in rendering the services shall be furnished by the said contractor himself.

V. Relationship of the Parties

The contractor enters into an agreement with the Establishment as, and shall continue to be, an independent contractor. No employer-employee relationship is created by this Agreement, or by the mere use of the Tutors’ System. Under no circumstances shall the contractor or any of his party, look to the establishment as his employer, or as a partner, agent or principal.

The independent contractor is neither the Establishment’s agent nor representative and has no authority to bind or commit the Establishment to any agreements or other obligations.

VI. Voluntariness of Agreement

All Independent Contractors must sign an agreement prior to actual service execution.

Contractor enters into an agreement with the Establishment freely and knowingly without compulsion, force or intimidation. As such, the contractor may disengage himself from the Establishment if he does not agree to any provisions of these Terms & Conditions, and of the Agreement.

VII. Confidentiality

The contractor is aware that during the course of service execution, confidential information will be made available to him. He understands that this information is proprietary and critical to the success of the Establishment. In the event of termination of Agreement, whether voluntary or involuntary, the contractor hereby agrees not to utilize or exploit this information with any other individual or company, or else risk litigation.

The Establishment, on the other hand, highly values the confidentiality of information the contractor’s have entrusted to us. We highly regard your personal, sensitive and privileged information such that it will only be used for its intended purpose or as may be required by existing national and local laws, rules and regulations, and be protected against data privacy breach. Any personal, sensitive and privileged information that you provide shall be kept safe under the Data Privacy Act of 2012, applicable laws of the Philippines and China, and the Establishment’s very own commitment through its Data Privacy Policy.

VIII. Notices

Any notice, inquiry, request and related communication with respect to the use of this Tutors’ System, the parties’ Agreement, and related matters may be sent to:

Mail: Flat/Rm 16-17 20/F North Tower Concordia Plaza, 1 Science Museum Road, Tsim Sha Tsui East, Hong Kong