Terms and Conditions
Except as mentioned below, all information, content, material, trademarks, service marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and classes are proprietary property of the Tutorsbot (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way whatsoever without obtaining prior written permission from the Tutorsbot and nothing on this Application or Website or Services shall be or classes deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Tutorsbot, to the User. You may own the medium on which the information, content or materials resides, but the Tutorsbot shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Tutorsbot on such medium. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from the said party and all the rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third parties
Your use of our classes, Website, Application and Services is solely for Your personal and non-commercial use. Any use of the Application, Website, Services or classes or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, Website, classes and / or our Services shall be subjected to the following restrictions:
You may not decompile, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ classes or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or our Website and/or Services/classes, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and / or our Website and/or Services/classes.
You will not (a) use this Application and / or our Website and/or any of our classes/s or Service/s for commercial purposes of any kind, or (b) advertise or sell the Application or any classes, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Application and / or Website/our classes and Services in any way that is unlawful, or harms the Tutorsbot or any other person or entity as determined by the Tutorsbot.
No User shall be permitted to perform any of the following prohibited activities while availing our Services/ Classes via our Application/ Website: Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, childpornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; Stalking, intimidating and/or harassing another and/or inciting other to commit violence; c. Transmitting Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; Interfering with any other person’s use or enjoyment of the Application/Website/Services; Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else; Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content; Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; Post, transmit or make available any material that contains viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent; Access or use the Application/Website/Services/classes in any manner that could damage, disable, overburden or impair any of the Application’s/Website’s servers or the networks connected to any of the servers on which the Application/Website is hosted; Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Website/Services/classes, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services/classes, or engage in any activity prohibited by these Terms; Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services/classes, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services/classes or any affiliated or linked sites; Interfere with, or inhibit any user from using and enjoying access to the Application/Website/ Services/classes, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application/Website/Services/classes; Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services/classes, to access, acquire, copy or monitor any portion of the Application /Website/Services/classes, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/classes; Alter or modify any part of the Services/ Classes; Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or Violate any of the terms specified under the Terms for the use of the Application /Website/Services/classes.
By submitting content on or through the Services (your “Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below. You agree that others may use Your Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose your Material in accordance with these Terms. If you delete your user account, your Material and name may remain available through the Services.
In the preparation of the Application/Website/Services/classes and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Tutorsbot disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error free and user friendly. Tutorsbot also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Tutorsbot nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/classes for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Our Website provides Users with access to compiled educational information and related sources. Such information is provided on a day-today basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). The registered users are not allowed to conduct classes outside Tutorsbot platform, any exchange of personal information like phone nos, mail Id’s etc are prohibited and against the policy of Tutorsbot. Any such violation by any user, Tutorsbot will take necessary action against them, if necessary the subscription of the said violator will be terminated without prior notice. You may not create a link to the Website from another website or document without the Tutorsbot’s prior written consent.
The contents provided by the teacher, user and other participants which includes but not limited to Name, educational qualification, certificate, work experience, etc should be correct and true; if any such information is wrong them Tutorsbot will take necessary action against the user, if necessary the subscription of the said violator will be terminated without prior notice.
The contents of the Application/Services/classes are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the application/Services/classes is not endorsed as a substitution to the curriculum-based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. The Tutorsbot acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application/Services/classes does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of our Services/Website/classes does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
Certain contents in the Application/Services/Website/classes (in particular relating to assistance in preparations for administrative services) may contain opinions and views. The Tutorsbot shall not be responsible for such opinions or any claims resulting from them. Further, the Tutorsbot makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
Some parts of the Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. Tutorsbot accepts no responsibility or liability for any material communicated by third parties in this way. The Tutorsbot reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, we will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.
The Tutorsbot may, based on any form of access to the Application (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through SMS, email, WhatsApp and call, to give information about its classes as well as notifications on various important updates and/or to seek permission for demonstration of its classes. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail, WhatsApp and holds the Tutorsbot indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do Not Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates and partners so that you may be contacted for education information and promotions through telephone, SMS, email, WhatsApp, any other new apps or device or newly invented communication medium which comes into operation in future etc.
While the Tutorsbot may, based on the User’s confirmation, facilitate the demonstration of its classes at the location sought by the User, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the classes and that User has relied solely on the investigations, examinations and inspections as the User has chosen to make and that the Tutorsbot has afforded the User the opportunity for full and complete investigations, examinations and inspections.
Upon registration through any means whatsoever, the Tutorsbot may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits the Tutorsbot to contact him/her and the student utilising the Services, through the above-mentioned means at any time post registration. Further, the Tutorsbot shall have the right to monitor the download and usage of the Application/Services/classes and the contents thereof by the User/student, to analyse such usage and discuss the same with the User/student to enable effective and efficient usage of the Services. The User expressly permits the Tutorsbot to clear the doubts of the student using the Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the User or through any other forum.
While the Tutorsbot has made efforts to train the personnel engaged in the sales and services relating to its classes to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Tutorsbot reserves the right and discretion to take any action in this regard.
Access to certain elements of the Services including doubt clearance, mentoring services etc may be subject to separate terms, conditions and fair usage policy. The Tutorsbot reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/classes or registrations do not automatically entitle the User to any and all elements of Services provided by the Tutorsbot and the Tutorsbot shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.
The Tutorsbot may conduct competitions from time to time and you agree to allow the Tutorsbot to use the submissions by you including but not limited to videos, written content, craft work etc for promotional purposes. All rights will be reserved by the Tutorsbot for usage of such submissions by you. You additionally permit the Tutorsbot to use every kind of information submitted by you like photos, videos etc. for promotional campaigns as it so pleases and you will cease to have any rights on the same once your submissions are made to the Tutorsbot.
The Tutorsbot’s classes and / or Services, including the Application and content, are compatible only with certain devices/tablets/instruments/hardware. The Tutorsbot shall not be obligated to provide workable classes and / or services for any instruments that are not recognized by the Tutorsbot or those instruments that may be purchased from any third party which are not compatible with the Tutorsbot’s classes and Services. The Tutorsbot reserves the right to upgrade the table/ type of compatible devices as required from time to time.
The Tutorsbot shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our classes and Services.
Any inconsistencies in name or address will result in non-delivery of the classes(s).
You acknowledge that the Tutorsbot is not the manufacturer of the instrument/medium/hardware and hence, any defect relating to the same shall be reported to the manufacturer whose details shall be specified on the packaging and the Tutorsbot shall not be in any manner responsible for the same. The Tutorsbot does not provide any guarantee or warranty relating to the instrument/medium/hardware.
Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our classes or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our classes or Services. As a minor if You wish to use Our classes or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Tutorsbot will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our classes or Services that may occur by virtue of any person including a minor registering for the Services/classes provided. By using the classes or Services You warrant that all the data provided by You is accurate and complete and that student using the Application has obtained the consent of parent/legal guardian (in case of minors). The Tutorsbot reserves the right to terminate Your subscription and / or refuse to provide You with access to the classes or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the classes or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Tutorsbot does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.
You agree to defend, indemnify and hold harmless the Tutorsbot, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Application/Website/Services; (ii) Your violation of any term of these Terms or any other policy of the Tutorsbot; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party. This defence and indemnification obligation will survive these Terms.
In no event shall the Tutorsbot, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.
In the event of Your breach of these Terms, You agree that the Tutorsbot will be irreparably harmed and may not have an adequate remedy in money or damages. The Tutorsbot therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Tutorsbot’s right to obtain such relief shall not limit its right to obtain other remedies.
Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Tutorsbot can avail. In such instances, the Tutorsbot may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in [Chennai] and You hereby accede to and accept the jurisdiction of such courts.
The Tutorsbot has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Tutorsbot has the right to amend these Terms from time to time without prior notice to you. The Tutorsbot makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Tutorsbot shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.
DISCLAIMER: THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE Tutorsbot HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/CLASSES AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE Tutorsbot SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/CLASSES IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
XXXI. PRE-REQUISITES & MANDATES – FOR STUDENTS/USERS, TEACHERS AND OTHER PARTICIPANTS
Users including teachers, students, other participants should be available atleast five minutes prior to the scheduled class. All the content (recorded video, resource post by teacher on Tutorsbot) belongs to Tutorsbot. Incase of any complaint against the teacher or student arises, the recorded video will be used as evidence. Tutorsbot will display its name, logo, watermark, on the live streaming, and in all the resources posted by the teacher on the platform.
Means online classes which are only available for access by you on a predetermined start date. Tutorsbot is not responsible for wrong bookings of timings or date by any user. Scheduled times refers to the Standard Indian timings, day and zone at the outset.Class timings will be displayed accordingly to the user’s time zone. Users are responsible to check their scheduled classes in the online scheduling system.
This means online live streaming of classes; the user can choose the class depending upon the availability and their interest or the choice of their subject available instantly. The teacher may choose to offer free class or a paid class. In case, if the student prefers for a free class he/she may send request to the particular teacher and only upon acceptance of such request free class will be available. Duration of each class can be for a period of minimum 30 minutes to two hours duration.
Provision relating to class, payment, cancellation & interruptions
A teacher can create an instant class from the verified expertise on Tutorsbot. Teachers will have freedom to select the class duration, fees, topics and other related things incompliance to this terms and conditions. The option of rescheduling and postponing is not available in the instant class.
Class booking and payment:
Tutorsbot encourages the students to register timely and pay in advance to guarantee their classes. The students/user, by making a booking, takes full responsibility in determining whether the course is suitable for them or not. Unless payments are made in advance, no classes will be guaranteed and Tutorsbot will not take responsibility for any such events.Users can choose for the payment options provided by Tutorsbot. In case of failure of payment due to technical issue Tutorsbot will not be responsible for such transactions, the student should contact the necessary service provider. In case, if the student/user is unable to attend a paid class, the payment will be in their Tutorsbot wallet and it can be used for the future class. If the student's age is below 16 years (minor) then he/she should be accompanied by their parent/guardian for the purpose of booking a class and also if possible during the live class. Tutorsbot will not take any responsibility if any user violates these basic terms and conditions.
Scheduled class cancellation:
Once the scheduled classes are booked, the users are not allowed to cancel the same. If a Teacher or a student wishes to cancel a scheduled class, he/she can do so only within 8 hours prior to the commencement of the scheduled class, such rescheduling can be done not more than two times. In case, if a student cancels a booked class then he /she will not be given any refund of the amount already paid. In case, if a teacher cancels a booked class then fine may be imposed for such cancellation and for not complying to the Tutorsbot terms and conditions.
Instant class cancellation:
Once the instant classes are booked, the users are not allowed to cancel the same. In case, if a student cancels a booked class then he /she will not be given any refund of the amount already paid. In case, if a teacher cancels a booked class then fine may be imposed for such cancellation for not complying to the Tutorsbot terms and conditions. Instant classes cannot be rescheduled by any user.
Failure on part of student:
If the student is late for the class, he/she will be allowed to take part only for the remaining duration of the class. If the student missed a class, the money will not be refunded. Tutorsbot charges 30% (as the welfare charges & Tutorsbot fee) on the base price of the class and additional charges will also be applicable for cloud storage, taxes (GST), payment gateway charges, currency conversation charges and any other incidental charges for the student. Tutorsbot has the right to change this percentage (%) anytime without prior notice. Failure on part of student
Failure on part of student:
In case if the teacher is late for the class from the scheduled time then the class will not be extended, the teacher will be allowed to handle only for the remaining duration of the class. The teacher will be paid only for the duration of which he/she was present in the class. The teacher should teach only the topic/subject for which he/she is booked by the student. If the teacher missed the class, charges will be levied towards the teacher for the cancelled/ missed class. After booking a class if the student/teacher tries to cancel or reschedule then cancellation or reschedule charges will be imposed accordingly and in accordance to the terms and conditions mentioned above.
If a live (On-going) class got interrupted/lapsed due to some technical issue or if it is disconnected by itself and if it’s not active for more than 10 minutes then the class will be closed/ended. Tutorsbot will not be responsible for any technical malfunctioning of such event. If the interruption was caused by the teacher then he/she will get paid only for the active duration. And the remaining money will be refunded to the student (To Tutorsbot wallet). If the interruption was caused by a student, then he/she will not get any refund (for both Instant and Scheduled class). Tutorsbot is not responsible for the quality of the education provided by the teacher. Tutorsbot is just an intermediate that connects teachers and students. Teachers should teach only legal/permitted subjects/topics. (Illegal topics like banned medicine making, drug-making, etc are prohibited). All the Users should ensure that when the class begins the student and teacher should be available with a properly functioning lap/mobile/tablet/pc/mac and ensure that the camera, mic & internet are working properly. In case if the class is suspended/stopped due to the malfunction of any of the above then Tutorsbot is not responsible and the money won't be refunded to the Users. In the case of any misbehaviour/dispute, Tutorsbot has the right to block/delete/suspend the account of the teacher/student. Tutorsbot has the right to modify/added/remove any of the above T&C without any prior notice
XXXII. General Provisions
Conduct of the users:
Users including teachers, students, other participants should ensure their conduct during the online classes. All the users should confirm that they are appropriately/ properly dressed to attend the classes and should ensure that their environment is neat and clean during the course of the class. Tutorsbot will take necessary action if necessary against the user upon any violation of the conduct of the users.
All notices served by the Tutorsbot shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Tutorsbot should be sent to [contact@Tutorsbot.com ].
You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Tutorsbot’s rights under the Terms are freely transferable by the Tutorsbot to any third parties without the requirement of seeking Your consent.
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Any failure by the Tutorsbot to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Tutorsbot of that provision or right.
You acknowledge that Your participation on the Application, does not make You an employee or agency or partnership or joint venture or franchise of the Tutorsbot.
The Tutorsbot provides these Terms so that You are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, the Tutorsbot has given You a reasonable opportunity to review these Terms and Conditions that You have agreed to them.
XXXIII. CHARGES AND CANCELLATION:
Tutorsbot charges will differ from service to service depending upon the type of service and its duration, upon selection by the User; the charges will be collected via credit card or other payment method selected by the user which includes the amount due by the user, including taxes and service fees, setup fees, subscription fees or any other fee associated with the user account. Tutorsbot may change prices whenever necessary, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Tutorsbot will provide you with prior notice and a user will option either to go for the service or to withdraw from the subscription. The user agreesthat in the event Tutorsbot is unable to collect the fees owed to Tutorsbot for the Services through the user Account, Tutorsbot may take any other steps it deems necessary to collect such fees from the user and that the user will be responsible for all costs and expenses incurred by Tutorsbot. The User may canceltheir subscription at any time; upon cancellation, the user will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If the user cancels the subscription, he or she will not receive a refund for any service already paid for.
Any feedback you provide with respect to the Application shall be deemed to be non-confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Tutorsbot is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Tutorsbot for the feedback under any circumstances, unless specified.
Under no circumstances shall the Tutorsbot be held responsible in any manner for any content provided by other users even if suchcontent is offensive, hurtful or offensive. Please exercise caution while accessing the Application.
XXXV. Customer Care:
We make all best endeavours to provide the users with a pleasant experience. In the unlikely event that you face any issues, please contact us at [contact@Tutorsbot.com ]. If the user i.e a student/a teacher reports any dispute or not satisfied with the completed class, ongoing class or any other dispute, the user may bring it to the attention of Tutorsbot and necessary action will be taken to resolve the dispute.
All the users of Tutorsbot will be responsible for compliance with all the recording laws applicable from time to time in India. Tutorsbot reserves all the rights pertaining to recording of the classes. The recordings will only be used for educational purpose as a fair use and for quality and assurance purpose. All the scheduled classes which comes under the category of paid and live streaming will be recorded, the recordings will be stored in the Student’s private library for their use. Tutorsbot will not record free classes as per its policy. By using the Services, you are giving Tutorsbot consent to store recordings for any or all Tutorsbot classes that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to unsubscribe the services according to this terms and conditions.
XXXVII. Prohibited Conduct:
Your use of the Service must be in compliance with Indian laws and the laws of your country at all times. You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity. The following is a non-exclusive list of content, and behaviour prohibited by the Service:
Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our server’s mass distributed to unknown recipients soliciting classes or services, or of bulk email NOT originating from our server’s mass distributed to unknown recipients soliciting classes or services relating to a www.Tutorsbot.com account will result in immediate account suspension.
Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material.
Content or otherwise that exploits children under 18 years of age.
Content that sells or promotes any classes or services that are unlawful in the location at which the content is posted or received.
Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any www.Tutorsbot.com service, solution or technology.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Subscriber Sites (or pages contained therein).
www.Tutorsbot.com does not allow the use of unsolicited commercial email ("Spam") to promote classes or services. Any Subscriber engaging in the sending of Spam through the www.Tutorsbot.com network or promoting information on websites hosted by Website.com will be considered in breach of this Agreement and will be suspended from the Service immediately.
XXXVIII. Privacy, Copyright infringement
Subscribers may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Indian copyright act 1957 ("ICA”) and all other applicable international trademark, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. The Tutorsbot will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Subscriber of Tutorsbot is violating its intellectual property rights, it should notify us by email at (Email ID to be mentioned). A notification should include information reasonably sufficient to permit Tutorsbot to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring
XXXIX. Dispute Resolution through Arbitration
Any controversy or claim arising out of or relating to the Terms and Conditions, including the Users, teachers, students, content providers, service providers and any other parties locate in India or other countries, to any dispute relating this agreement, without limitation to the contents mentioned herein, shall be settled by binding arbitration, by a single arbitrator knowledgeable in both commercial transactions and the Internet services businesses generally, in accordance with the governing provisions of Indian Arbitration and Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chennai, and judgment on the arbitration award may be entered into the Madras High Court having jurisdiction thereof. Neither the user nor the third party may seek any interim or preliminary relief, from any court without serving the other party with a notice of intention to seek such relief (including details of relief sought and of the case to be made out in court) of not less than three (3) working days at its registered or known address. Users, teachers, students, content providers, service providers and any other parties locate in India or other countries agrees that any dispute regarding the validity or scope of this clause shall be commenced in the Madras High Court and shall be governed by the laws of India. The fees of the arbitrator shall be borne by the parties equally.