YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you" or "your") and Thetutor.in, a company that governs your use of the search services offered through its website www.Thetutor.in ("Website"), telephone search, SMS, WAP or any other medium using which Thetutor.in may provide the search services. When you access, register or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").
We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
HOW YOU MAY USE OUR MATERIALS:
We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Platforms content, Thetutor.in is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.
Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Thetutor.in. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. Thetutor.in, its subsidiaries, parent companies, and/or any third party owner of such rights retain all such rights.
HOW WE MAY USE INFORMATION YOU PROVIDE TO US:
Thetutor.in communicates information provided and created by teachers. While every attempt has been made to ascertain the authenticity of the content on the Platforms Thetutor.in has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
Thetutor.in reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by Thetutor.in or its affiliates. Thetutor.in does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by Thetutor.in.
Thetutor.in is not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Thetutor.in will at no point of time are responsible for the accuracy or correctness of such information. Thetutor.in reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).
Thetutor.in also reserves the right to impose/change the access regulations of the Platforms, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.
While every attempt has been made to ascertain the authenticity of the content in the Platforms, Thetutor.in is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.
Please remember that any tutor is entitled to register with Thetutor.in. Thetutor.in does not examine whether the tutors are good or reputable. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. Thetutor.in has also not negotiated or discussed any terms of engagement with any of the tutors. Availing of services from all the tutors shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any tutors and their services.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.
Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. Thetutor.in disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.
Users using any of Thetutor.in service through www.thetutor.in (Website, SMS, phone or any other medium) are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Tutors listed with Thetutor.in
Further, Thetutor.in is not at all responsible for any act of Tutors listed at Thetutor.in
Users themselves are responsible for purposely harassing any Tutor listed with Thetutor.in
LIMITATION OF LIABILITY:
In no event shall Thetutor.in be liable to any user on account of such user's use, misuse or reliance on the platforms for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if Thetutor.in are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the platforms, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. Thetutor.in does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information disclosed on the platforms or other material accessible from the platforms.
The user of the platforms assumes all responsibility and risk for the use of this platforms and the Internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.
THIRD PARTY SITES:
MONITORING OF MATERIALS TRANSMITTED BY YOU:
Changes may be periodically incorporated into the Platforms. Thetutor.in may make improvements and/or changes in the information at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platforms. However, anyone using the Platforms agrees that Thetutor.in may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. Thetutor.in reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
DELETIONS FROM SERVICE:
Thetutor.in can delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. Thetutor.in reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of Thetutor.in, may be, defamatory, infringing or violate of applicable law. Thetutor.in reserves the right to exclude Material from the Platforms. Materials submitted to Thetutor.in for publication on the Platforms may be edited for length, clarity and/or consistency with Thetutor.in editorial standards.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms. A Tutor shall indemnify Thetutor.in from all claim liabilities costs and expenses (actual or consequential) of every kind and nature known and unknown, suspected and unsuspected disclosed and undisclosed arising out of any use by the Tutor of the Website. A tutor and a tutorial center accepts full responsibility for all information published by him on the Website and shall indemnify Thetutor.in in relation to any liability incurred by them as a result of such information.
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Thetutor.in. Thetutor.in reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Thetutor.in reserves the right to seek all remedies available at law and in equity for violations of these Terms.
A Tutor acknowledges that he is not an employee of Thetutor.in and accepts full responsibility for all Income Tax and other liabilities payable in relation to any fees generated from a tuition contract. We do not issue any working experience certificate to our registered members. A tutor and a tutorial center shall secure payment from a Student for services provided pursuant to a Contract direct and shall not seek to recover any payment from Thetutor.in. A tutor and a tutorial center hereby acknowledges that Thetutor.in are not liable to the Tutor for reimbursement of any fees paid pursuant to these Terms in the events of any cancellation of any Contract or Tuition for any reason. A tutor or tutorial center undertakes to register for the Thetutor.in service using accurate and current information about him/her - including correct name, address, telephone number, qualifications and any other requested details. Student acknowledges that it is his/her responsibility to verify the credentials and qualifications of any Tutor with whom he enters into or proposes to enter into a tuition contract. Members agree not to impersonate any other person or entity or to use a false name or a name that they have no authority to use. The Members warrant that their e-mail and other contact addresses are valid and will be and up to date when using the Website. Thetutor.in does not guarantee to secure a Tutor for a Student or fix-up any tuition fees on behalf of any tutor or student. We do not provide any guarantee of the number of total enquiries/business, which a tutor or tutorial center will receive during their subscription period. Thetutor.in reserves the right to withdraw or modify aspects of the Thetutor.in service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Thetutor.in service becomes inaccessible as a result of technical difficulties experienced by Thetutor.in or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. In case of force majeure [?] Causing Thetutor.in unable to partly or fully execute the Agreement with the registered tutors, students and tutorial centers, the company will not be considered failing to observe the obligations of the Agreement, and will not bear the responsibility for any inconvenience. Force majeure includes events such as war (whether the war is declared or not), emergency, server-breakdown caused by the transmission of a computer virus, strike, labor dispute, hacker's attacks on the server, fire, earthquakes, flood, typhoon, snowstorm, volcanic eruption and any other natural disasters and other unforeseen events beyond the control of Thetutor.in. Thetutor.in reserves the right to suspend or deactivate and delete any fake profile even it is a premium member. This is applicable for all tutors, students and tutorial centers. Any registered tutor or center and guest users can create their own relevant "Courses and Classes". Students can view your contact details after booking. For any delay and cancellation of any Course and Class, the respective tutor/trainer/ center is solely responsible. And refunds of booking fee will be given at the discretion of the Company Management.
Your Account and Responsibility:
Registration on the Website is free for You. Thetutor.in does not charge any fee for browsing from any of the portal. Thetutor.in reserves the right to change its Fee Policy from time to time.
These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, and unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective thereafter.
In the course of registering for and availing various services we provide from time to time through our website www.Thetutor.in ("Website", telephone search, SMS and WAP) or any other medium in which Thetutor.in may provide services (collectively referred to as "Media") you may be required to give your name, residence address, workplace address, email address, date of birth, educational qualifications and similar Personal Information ("Personal Information"). The Personal Information is used for three general purposes: to customize the content you see, to fulfill your requests for certain services, and to contact you about our services via including but not limited to email's, sms’s and other means of communication. Unless otherwise stated explicitly, this Policy applies to Personal Information as disclosed on any of the Media.
A tutor or tutorial center understands, details entered by them on the website will be publicly visible and may appear in search engines (Google, Yahoo, Bing etc.) results. The members (Tutors, Students and Tutorial Centers) acknowledge that Thetutor.in may use data for statistical analysis.
This policy does not apply to the practices of organizations that we do not own or to people that we do not employ or manage.
We do not sell or rent Personal Information except that in case you are a customer of our search services through any of the Media, your Personal Information shall be shared with our subscribers/advertisers and you shall be deemed to have given consent to the same. Further, the subscribers / advertisers who are listed with us, may call you, based on the query or enquiry that you make with us, enquiring about any
• Product / Service or
• Product / Service of any subscriber / advertiser or
• Product / Service of any particular subscriber / advertiser.
We will share Personal Information only under one or more of the following circumstances: - If we have your consent or deemed consent to do so - If we are compelled by law (including court orders) to do so
We give you the ability to edit your account information and preferences at any time, including whether you want us to contact you about new services. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
You acknowledge that you are disclosing Personal Information voluntarily. Prior to the completion of any registration process on our website or prior to availing of any services offered on our website if you wish not to disclose any Personal Information you may refrain from doing so; however if you don't provide information that is requested, it is possible that the registration process would be incomplete and/or you would not be able to avail of the our services.
If you have questions or concerns about these privacy policies; please send us an email at firstname.lastname@example.org