TERMS AND CONDITIONS OF SERVICE AND USE FOR TUTORS
EDULYTE MARKETPLACE PRIVATE LIMITED, A Private Limited Company incorporated under the provisions of the Companies Act 2013,and having its registered office at “ Tower B, Galaxy Royale, Gaur City Greater Noida West, Noida, Gautam Buddha Nagar, Uttar Pradesh, India, 201301”, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).
The Company ensures steady commitment to your usage of the Platform and privacy with regard to the protection of your invaluable information. This document contains information about the Website and Mobile Application “www.edulyte.com” hereinafter referred to as the “Platform”).
- The Platform and/or the Company, as the context so requires.
- User” shall mean and refer to natural and legal individuals who use the Website and Mobile Application and who is of sound mind and competent to make sound and informed decisions.
- Services” shall refer to the platform that provides education services and other related services.
- the Tutor and the creator of this Website and Mobile Application and Mobile Application.
3. GENERAL TERMS
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The use of this Platform by the Tutors is solely governed by these Terms and conditions policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you continue to access and offer services on this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions Policy. The Tutor expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
- If the Tutor wants to offer Teacher Services on the Platform, the Tutor must read and agree to the policies of teachers. The Platform shall refer to services have the meaning ascribed to such terms of services which is available at https://edulyte.com/terms-of-service/ (Terms of Services).
- The Tutor unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the Tutor and the Company, and that the Tutor shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The Tutor acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the Tutor and that the Tutor’s act of visiting any part of the Platform constitutes the Tutor’s full and final acceptance of these Terms and the aforementioned Policy.
- The Tutor shall not be allowed to provide Teacher Services on the Platform if the Tutor does not agree with the said terms and conditions policy in totality and hence, is not eligible to receive compensation or any other benefit so as to Teacher Services provided on the Platform.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the Tutor, and the Tutor expressly agrees that any such amendments or modifications shall come into effect immediately. If the Tutor does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
4. SERVICE OVERVIEW
The platform provides a two-sided marketplace platform. Providing education Services by hiring teachers, working professionals, experts from various industries. To provide courses for the Users who are students, recent graduates, learners of all ages including but not limited to kids and teenagers.
The Users register on the platform with their personal and contact details and Search courses, live sessions or Tutors who can teach them and pay the fee determined by the Tutors, join live or recorded sessions.
The Tutors must register themselves on the platform by providing the following details on the platform
- Name of the Tutor
- Email ID
- Phone Number
- Delivery Address
- Link to Mobile Wallets
The Tutors have to mandatorily register themselves on the Platform. All registrations on the platform are free of cost and no Tutor shall be charged for any such registration on the platform.
When the teaching approval is done by the Platform, the Tutor must provide accurate information, and promptly update new information if any.
- The Tutor has to be of sound mind, able to operate computers with internet, and must be capable of making informed decisions after referring to the guides on the Website and Mobile Application.
- In the event of a minor accessing the Website and Mobile Application, it would be the responsibility of his immediate guardian to monitor the minor’s use, the platform or the Company will not be liable for any consequences.
- All the Content displayed including but not limited to the illustrations, photographs and write-ups on the Platform is created by the Company and is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
- The Tutors can submit their own guides/ write-ups. The same shall be reviewed by the Company before it is displayed on the Website and Mobile Application. The creator of the guide shall be credited as an author but all rights over the content, including but not limited to the copyright shall be vested with the Company.
The Tutors undertake to indemnify the Platform and keep it indemnified against all proceedings, claims, expenses, and liabilities whatsoever which may be taken or made against or incurred by the Platform or by reasons of the premises for any comments, feedback or any other form of content created by them, which has been published by the Company on the Platform.
9. TERM AND TERMINATION
- These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the Tutor continues to access and use the Services and Platforms.
- The Company may terminate these Terms without notice and/or suspend or terminate a Tutor’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
- Such suspension or termination shall not limit the Company’s right to take any other action against the tutor that the Company considers appropriate.
- It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
- The Company and its members reserve the right, in its sole discretion, to unilaterally terminate the Tutor’s access to the Services, or any portion thereof, at any time, without notice or cause.
- The Tutor shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the Tutor shall not have the right to terminate these Terms till the expiry of the same.
- By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the Tutor hereby agrees and consents to receive calls, e-mails or SMS from the Company or any of its representatives at any time.
- Tutors can report to the Company any grievances or suggestions that they have through e-mail, if they find any discrepancy with regard to the information generated on the Platform, the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time that is taken for investigation.
11. TUTOR OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The Tutor agrees and acknowledges that they are a restricted Tutor of this Platform and that they:
- Authorize the Platform to use, store or otherwise process certain personal information and all published Content, reviews and ratings, comments and feedback for personalization of Services, marketing, and promotional purposes and for optimization of Tutor-related options and Services.
- Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
- Undertakes to create the description of the teaching services by writing specific details with clear teaching/course details and lessons.
- Agrees to not use false identity or impersonate any other person or use another account that the Tutor is not authorized to use.
- Undertakes not to advertise any third-party teaching platform, services, software, or applications, etc.
- Expressly agrees to respond quickly to all teacher services related requests with accept, decline, or propose a time/date change and confirms not to ignore any teaching service request of students.
- Agrees not to allow or permit or facilitate any other person to participate in providing teaching services from the account.
- Undertakes that all cancellations need to be made at least 48 hours in advance. If the Tutor cancels with less than 48 hours’ notice, the tutor loses the paid for session.
- Expressly agree and acknowledge that the Content displayed on the Platform is for purpose of reference only, under no circumstance shall the Tutor construe the same as expert/ professional advice. The Tutor may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
- Agrees that reproducing course content including assessments, electronic mails, digital captures, discussion or a chat thread in any fashion can lead to account deactivation of the Tutor.
- Expressly agrees to make good any losses suffered by the Company or platform which result as a consequence of any act committed by the Tutor including but not limited to acts of fraud, misrepresentation of information provided on the Company as expert advice or posting slanderous or libelous content in the form of comments or feedback.
- Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the Company or Platform shall not be responsible for any resultant losses suffered.
- Undertakes to represent a warranty that the Tutor has experience or knowledge of teaching and will utilize Platform user paid time solely to provide the services as mentioned in the Agreement.
- The Tutor hereby expressly authorizes the Company /Platform to disclose any and all information relating to the Tutor in the possession of the Company /Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property.
- The Tutor agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
- The Tutor agrees not to post any material on the Website and Mobile Application that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the Tutor agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person and to which the Tutor has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophile, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- violates any law for the time being in force;
- deceives or misleads the other Tutors
- The Tutor shall be responsible for safeguarding and maintaining the confidentiality of the account information.
- The Tutor shall not disclose the account information with any third party and that the Tutor is entirely and solely responsible for any action performed through the account on the Platform, whether or not the Tutor have authorized such activities/action.
- The Tutor shall not, during the time of rendering services to the Company or thereafter, disclose to anyone other than authorized employees of the Company (or persons designated by such duly authorized employees of the Company) or use for the benefit of the Tutor or any entity other than the Company, any information of a confidential nature, including but not limited to, information relating to any such materials or intellectual property; any of the Company projects, trade secrets, process flow or Content; the technical, commercial or any other affairs of the Company; customer/User data collected by the Company; or, any confidential information which the Company has received from a third party.
- Both Parties shall, upon request of other Party and/or upon termination of this Agreement, immediately return such confidential information and all copies thereof in any form whatsoever under the power or control of either Party to others, and delete such information from all retrieval systems and databases or destroy same as directed by other Party.
13. INTELLECTUAL PROPERTY RIGHTS
- The Tutor shall respect All copyright laws and not post any false or misleading information to the Users.
- Unless expressly agreed to in writing, nothing contained herein shall give the Tutor a right to use any of the Platform’s Content which includes but is not limited to trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, illustrations, photographs, write-ups save and other distinctive brand features according to the provisions of these Terms.
14. FORCE MAJEURE
- Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
15. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Gautam Buddh Nagar, Uttar Pradesh, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the Tutor may be communicated to the Company by the Tutor by emailing to firstname.lastname@example.org
Escalations can be sent to email@example.com
17. MISCELLANEOUS PROVISIONS
- Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the Tutor and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at firstname.lastname@example.org