This document is an electronic record in terms of the Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms govern your use of this Website; by using this Website, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Website.
Please review these Terms carefully before using the services because they affect your rights. By using any of the services, you accept these Terms and agree to be legally bound by them.
We may change these Terms at any time without notice. You can review the most current version of these terms by clicking on the “Tutor Terms and Conditions” hypertext link located at the bottom of our web page on the Website. You are responsible for checking these Terms for changes periodically. If you continue to use the Website after we post changes to these Terms, you are signifying your acceptance of the updated Terms.
2. RIGHT TO CHANGE
We reserve the right to discontinue or change any service or feature on the Website at any time and without notice.
3. YOUR RESPONSIBILITIES/LIABILITIES
You may use the Website for lawful purposes only. You may not submit or transmit through the Website any material, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business, or entity, including the Company and its employees and agents;
- contains viruses or any other computer code, files, or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to any services, user/student/Tutor accounts, computer systems or networks, through hacking, password mining, or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms.
You may not use the Website or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate your access or use of the Website immediately and take any other legal action if you or anyone using your access to the Website violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
5. PROPRIETARY RIGHTS
- We lawfully post text, messages, information, software, images, audio, and video, etc. (“Content”) on the Website own the property rights to that Content. We also own any content uploaded/posted on the Website or created under tutorship by availing services via the Website. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on the Website are our trademarks.
- This Website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics, and its reproduction is prohibited.
- The Tutor grants the Company an irrevocable, perpetual, exclusive, transferable, worldwide, royalty-free license on each of the materials submitted including, but not limited to, Submissions, all copyrights, trademarks, patents, and any other intellectual property in the materials submitted hereunder and/or performances during providing any services for the Company in the form of live performances/shows. The Company, therefore, reserve the right to use, store, copy, display, advertise, transmit, transfer, distribute, reproduce, create derivative works of, incorporate into other works, publicly perform and/or publish the submitted materials in any media for any purpose whatsoever.
6. LICENSE TO USE
- Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
- You must not:
- republish material from this Website (including republication on another website) unless the material is owned by you;
- sell, rent, or sub-license material from the Website unless the material is owned by you;
- show any material from the Website in public unless the material is owned by you;
- reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
- re-distribute material from this Website except for content specifically and expressly made available for redistribution;
- Where content is specifically made available for redistribution, it may only be redistributed within your organization; and/or
- Any such use of the Website and/or its material, otherwise which shall be opposed by us.
- On request of registration information from you to set up a Tutor account, you must provide us with accurate and complete information and must update the information when it changes.
- You are responsible for maintaining the confidentiality of your Tutor account login names and passwords, and must not permit use of your account by anyone. You accept responsibility for all activities, charges, and damages that occur under your Tutor account, including unauthorized use of your Tutor account. If you have reason to believe that someone is using your Tutor account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
- Sweepstakes, contests, and promotions on the Website may also have additional rules and eligibility requirements, such as certain age, amount of purchase, geographic area restrictions, etc. You are responsible for complying with these rules and requirements.
- The consideration for the Tutor’s services will be mutually decided in writing between the Company and the Tutor. Such price will be modified by the Tutor only in writing after acquiring the prior written consent of the Company.
- The payment will be made to the Tutor immediately upon successful completion and payment towards a transaction for the Tutor’s goods and/or services for a subscription availed for such Tutor on the Website at the price as agreed under clause 7.a.
- All payments are subject to applicable taxes to be borne by each party individually.
- In the event the Tutor abruptly ceases to send the required information/provide its services and complete the requirement of the Company as mutually agreed between the Tutor and Company in writing and/or any default in the fulfillment of any of the Terms by the Tutor for any reason whatsoever will be penalized at 18% (Eighteen Percent) of the total invoice issued to the student.
- The Company shall make payments as per the mutually agreed written terms.
- The Tutor shall comply with all applicable laws and regulations.
- The Tutor shall co-operate with the Company to provide the Submission, i.e. including without limitation the details, information, videos, curriculum, modules, courses, images, and also maintain and update the above for the purpose of the Website and Terms. The Tutor shall not abruptly cease to send the required information and shall complete the requirement of the Company as mutually agreed between the Tutor and Company in writing.
- The Tutor shall provide images, videos, brochures, other promotional materials, etc. for the purpose of display in any live/virtual performances and/or exhibitions, if any, organized by the Company. The Company shall give information of such requirement to the Tutor 15 (fifteen) days in advance. Further, the Tutor shall be available for any live/virtual performances as required by the Company during their association with the Company and as informed by the Company in writing.
- The Tutor understands that the selection of the material to be displayed for promotion or otherwise on the Website shall be decided by the Company unless mutually agreed upon in writing.
- The Tutor represents that the Submission, i.e. including without limitation information, uploads, videos, submissions by the Tutor, etc. are as per industry standard and do not violate or infringe any intellectual property rights and/or third-party rights
- The Tutor shall take all reasonable steps to maintain the brand reputation and goodwill of the Company and Website.
- The Tutor will be solely responsible for the use and consumption of the Tutor’s Submissions and any and all content uploaded and/or used and/or on the Website in relation to the Tutor’s Submissions. The Tutor allows the Company to use/exploit the content uploaded by the Tutor on the Website until perpetuity.
- The Tutor’s performance under the Terms will not violate or conflict with any other agreement to which the Tutor is a party.
- The Tutor shall not use the Website services, directly or indirectly, for any fraud or to interfere with the use of the Website services.
- The Tutor shall not directly or indirectly contact or communicate with the students, users, and/or subscribers of the Website for a period of 2 (two) years from the date of termination of the Tutor’s association with the Website and the Company.
- The Tutor shall provide all documents and/or detailed information as required by the Company from time to time.
- The Tutor shall maintain the confidentiality of any and all information shared by the Company, at all times.
- The Tutor shall be held responsible for any legal action that due to any default arising out of the use and/or consumption of the Tutor’s Submissions and the breach of the Terms and the Tutor shall indemnify the Company from all actions that may arise as a result of such breach or any default or act of fraud.
- A transaction can only be deemed to have completed once the Tutor has been paid in full for their services and can confirm this by providing evidence of cleared funds from the purchaser in the Company bank account.
- You acknowledge that we:
- is the owner of the Submissions being provided by the Tutor;
- will only get involved with any dispute between Tutor and purchaser to the extent specified; and
- are not responsible in any way if any Submissions by the Tutor for this Website prove unsatisfactory.
- Unless otherwise stated, all payments are quoted in Indian Rupees. You are responsible for paying all fees as well as all applicable taxes for services of the Website.
- Further, we are not responsible for any loss or damage arising directly or indirectly to you due to lack of authorization for any/a transaction, exceeding the preset limit mutually agreed by you and between your bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. using third party banking/money exchange services.
- We reserve the right to cancel any arrangement with the Tutor at Company’s sole discretion.
9. TRANSACTION PRICE
The price of the goods and/or services availed for purchase by the buyer shall on every transaction of the buyer additionally include, if applicable, Goods and Services Tax, i.e. GST, the shipping charges, if any, insurance charges, and any and all other taxes, duties, costs, charges, and expenses if any in respect thereof and any other amount charged by the Tutor.
10. WEBSITE SECURITY RULES
- All users including without limitation the Tutors are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
- This Website is designed for parties who can legally make binding contracts under applicable law. Therefore, minors are not allowed to use, access, or register as a student on this Website.
- You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Website. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Website.
11. PUBLIC ACCESSIBLE CONTENT
Certain areas of the Website may allow you to post content that can be accessed and viewed by others, including the public in general. You may only post content to public areas on the Website that you created or that you have permission to post. You may not post content that violates the Terms. We do not claim ownership of any content that you may post. However, by submitting content to public areas of the Website, you grant us, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this content in any medium.
You agree that we are not liable for the content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.
13. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report the possible copyright infringement.
The website may include links to third-party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third-party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on the Website are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Website from another Website or document without the Company’s prior written consent.
15. DISCLAIMER OF WARRANTIES
- We provide the Website “as is” and “as available.” We make no express warranties or guarantees about the Website. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that the Website and all software, Content, services provide via the Website are Tutorable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
- Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
- this Website will be constantly available, or available at all; or
- the information on this Website is complete, true, accurate or non-misleading
- Nothing on this Website constitutes or is meant to constitute, advice of any kind.
16. LIMITATION OF LIABILITY
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website. Our liability or the liability of our affiliates and our suppliers for any and all claims relating to the use of the Website is limited to the number of charges/fees, if any, paid by you to the Company for a specific service. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, services provided by the logistics partner, services provided through the payment gateway on the Website or any other services of the Website arising from your use of, inability to use, or reliance upon Website. The Company, its associates, affiliates, service providers, and technology partners make no representation or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided or on through the use of the Website or that the operation of the Website or the Logistics partner will be error-free and/or uninterrupted. The company provides no guarantee to its users in respect of the services provided via the Website. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands, and expenses, including attorney’s fees, and penalties imposed, if any, that arise from your use or misuse of the Website, breach of the Terms including rules and policies incorporated herein under any applicable law.
18. INTERNATIONAL USE
We make no representation that the Content on the Website is appropriate or available for use in locations outside India and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Website from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.
- Without prejudice to the Company’s other rights under the Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your Internet Protocol address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
- Further, it is clarified that unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.
This contract and any supplemental terms, policies, rules, and guidelines posted on the Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Your right to use the Website automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Website. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Website, for any reason, with or without notice.
22. GOVERNING LAW AND JURISDICTION
- These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of India and Courts in Mumbai shall have exclusive jurisdiction.
- Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
- Both the Company and the Tutor shall not be liable by reason of failure or delay in the performance of our obligations under these Terms if such failure or delay is caused by acts of God, war, or any other cause beyond its control and without our fault or negligence provided.
- No changes to these Terms shall be made except by a revised posting on this page. If you do not agree to these Terms, you should immediately stop using the Website. If you want to delete your account on the Website, please use contact instructions posted on the Website at which you obtained the account.