TuteNow.com Terms of Use

1. INTRODUCTION

TuteNow Edutech Private Limited, (the “Company”) is a private limited company incorporated under the Indian Companies Act of 2013 with CIN U85500TS2026PTC219012 and having its registered office at Hyderabad, Telangana, India and includes its successors, subsidiaries and affiliates. The Company owns and operates an online Platform (defined below), including its Website, Applications or Services, that facilitates Learners to find Tutors offering online sessions or classes from company published courses category they wish to learn. The “Platform” includes but is not limited to the Website i.e. https://tutenow.com, applications designed for mobile operating systems including but not limited to Android, iOS and any other websites, applications or Services launched by the Company.

By accessing or using the Platform through its Website, Application or Services or by downloading or posting any content from or on the Website, or using the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“Terms of Services” or “Terms”), whether or not you have registered with the Platform.

Therefore, please read these Terms of Services before accessing or using the Website, Application or Services or downloading or posting any content from or on the Website, via the Application or through the Services, carefully as they contain important information regarding your legal rights, remedies and obligations.

If you do not agree to these Terms, then you have no right to access or use the Platform, Website, Applications or its Services.

If you are using the Platform, Website, Application or Services then these Terms of Service are binding between you and the Company.

2. DEFINITIONS

In addition to other words and expressions that may be defined elsewhere in this document, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:

2.1. “Member” means a person who has signed up on the Platform as a learner, or an individual tutor.

2.2. “Learner” means a Member who has registered on the Platform as a Learner. In case of a minor Learner, this term refers to the parent or guardian who registers their child or ward as a Learner.

2.3. “Tutor” means a Member who has registered on the Platform as a Tutor, with the objective of teaching Learners online. A Member who signs up on the Platform as a Tutor with the objective of teaching Learners online using the Platform owned and operated by the Company. Tutors have to comply with the Terms of Service of this document.

2.4. “Subscriptions” refers to the subscription plans announced through the Platform for its members. These Plans may or may not require a payment from the Providers or Learners for accessing the Platform for a defined time period. The details of these Subscriptions can be accessed only after registering as a Member on the Platform.

2.5. “Users” refers to the collection of all Learners, Tutors, Partners and Providers together registered on the Platform, Website or Applications.

2.6. “Website” refers to https://tutenow.com which is the primary website that the Company owns and operates to provide and offer its Services.

2.7. “Payment Link” refers to the requests for payment made by Company through the Platform. These typically include the details of the payment requested - including but not limited to the amount to be paid, the type of classes to be conducted, the number of classes to be conducted, the type of payment i.e. monthly, course, hourly, the instalments in which the payment can be made.

2.8. “Help” refers to the Documentation, onboarding, induction or training provided by the Company for helping Tutors understand the nature of the Platform and guidelines regarding using the Platform for best outcomes. Tutors are required to review the Help Pages from time to time in order to keep themselves up to date with the latest policies and guidelines regarding the Platform. The Company will do its best to communicate the changes regularly through Email Newsletters, training workshops, however the responsibility to review the changes published, lies with the tutors.

3. TERMS OF SERVICE

This ‘Terms of Service’ is formulated and published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires the publication of Terms of Service and Privacy Policy for access or usage of a website, app or related services. The Company reserves the right to modify the terms contained in this Agreement at any time by posting such modifications on the Website without requiring any advance notice.

These Terms & Conditions set out the agreement between the Company and the Learners who are registered on the Website, as well as between the Company and the Tutors who are registered on the Website.

3.1. TERMS APPLICABLE TO ALL USERS

Subject to the User’s compliance with the terms hereof, the Company hereby grants to each User a limited, non-exclusive, non-transferable, worldwide license, without the right to sublicense, solely for the purpose of enabling the User to use and enjoy the benefit of Services, in the manner permitted by these terms. The User shall not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may a User reverse engineer or attempt to extract the source code of that software, unless local laws prohibit those restrictions, or you have the prior written permission from the Company.

No User shall:

1. use the Services except to the extent permitted above;
2. modify or create any derivative work of any part of the Services;
3. permit any third parties to use the Services; or
4. market, sublicense, publish, distribute, reproduce, assign, transfer, rent, lease or loan the Services.

This Agreement and the Services provided by the Platform are available to any person over the age of eighteen (18) years who registers on the Platform as a Learner or a Tutor. Persons below the age of eighteen (18) shall not be entitled to use the Platform unless such use is through the User account of a parent or a legal guardian. In such a case, “Learner” as referred to herein refers to the concerned parent or legal guardian (as the case maybe).

By using the Services, each User grants the Company a limited, worldwide, non-transferable, non-exclusive, non-sub licensable, royalty-free license to use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and make derivative works of the data shared by a User solely in order to enable the User to use the Services. The Company shall have the right to aggregate and anonymize User data and to publish such aggregated and anonymized (non-personally identifiable) data (or) benchmark studies.

Each User registering on the Platform represents, warrants and undertakes to the Company that all information that has been uploaded by the User on the Platform is true, complete and accurate.

Each User of the Platform agrees and acknowledges the following:

3.1.1. The Company provides a variety of forums for you to express yourself in the form of content such as but not limited to blogs, comments, reviews and photographs. You truthfully assert that the content being contributed is yours and that you own the copyright to the content published by you on the Platform.

3.1.2. The Company should not be thought of as the authority and the final guide in your decision making. All decisions shall be taken at your own risk and volition, and subject to independent verification of the data provided on the Website.

3.1.3. The Company at its sole discretion may edit, delete or block access to any Content including member posted content, without notice and without liability. The Company will however make reasonable efforts to inform you of the changes.

3.1.4. By uploading your profile photo, you give the Company the right to use the photo on the Company website as well as on any Company owned marketing material or collateral.

3.1.5. If you are a visitor on our website and if you update any personal contact information such as phone number or e-mail address, the Company reserves the right to contact you using Phone calls, SMS or Email.

3.1.6. Collection of screen names and email addresses of members for purposes of advertisement, solicitation or spam is strictly prohibited.

3.1.7. You shall not, under any circumstance:

3.2. TERMS APPLICABLE TO LEARNERS ENGAGING WITH ANY TUTOR

3.2.1. This agreement between you and the Company may be terminated by either you or the Company at any time in the event of any misconduct or upon the occurrence of a Force Majeure event such as mechanical failures, defects, weather, strikes, acts of God, riots or other like causes.

3.2.2. You agree and acknowledge that the Company is only an aggregator of service providers that the Company owns and operates a Platform for the Tutors to connect with prospective Learners and/or their parents or guardians. The Company shall not, in any manner whatsoever, be held liable or responsible for any matters in connection with the provision of the Service itself during an online session (as the case maybe). While the Company does follow a screening process to ensure that the Tutors are qualified to provide the Service, the Company makes no representation or undertakes no responsibility with respect to the proficiency, qualification, skills or conduct of any Tutor.

3.2.3. You agree and acknowledge that the Company has control over the fee charged by a particular Tutor for the services provided, or any change in such fee.

3.2.4. You agree and understand that these terms and conditions are legally binding and enforceable against you. Please do not use this Website if any of the terms set out herein is not acceptable to you. You shall indemnify and hold harmless the Company from any and all expenses that may be incurred by it as a result of your breach of any of the obligations set out hereunder.

3.2.5. By using the TuteNow platform, you agree that TuteNow will not be held responsible for any issues arising from the tutor’s non-compliance with local regulations.

3.2.6. You agree not to enter into any financial transaction directly with a Tutor. All financial transactions with respect to the provision of the Services shall be made through company Payment Links generated using the Platform. The Company shall not be bound by any obligation undertaken by it hereunder, if a Learner interacts with a Tutor using any communication channel that is not hosted on the Platform. You agree and acknowledge that no relief in form of refunds, cancellation or otherwise can be provided by the Company to you in cases where you paid the Tutor directly without using the Payment Links generated on the Platform.

3.2.7. In case you opt for attending online classes with any Tutor, you agree to attend such classes with Tutor only on the Platform. You understand that the Company won’t have any liability for the classes scheduled or attended outside the Platform with any Tutor.

3.2.8. Once the Company and you have agreed on a class schedule and you have made the payment for classes, if you fail to complete the agreed number of classes/course following a mutually agreed timetable within 6 months from the date of last payment made through the Platform OR 6 months from the date of last class conducted by the Tutor on the Platform (whichever is later), neither the tutor nor the Company shall be liable to deliver the classes to you. In such cases any fees remaining in balance will be considered as forfeited by you to the Platform. The Platform reserves the right to claim 100% of the forfeited amount as ‘Service Discontinuity’ Revenue and company may choose to either refund or not refund the amount at its own discretion.

3.2.9. All payments made by you using the TuteNow Payment Links are refundable under company’s refund policy. However, you can request a 100% free replacement of the Tutor against the same requirement or any future requirement you may have if such a request is made within 90 days of making the payment. The replacement will be offered only for the ‘pending fees’ remaining with the Platform which will be calculated as (Total fees paid by the Learner - Total fees settled with the tutor hired earlier). In case there is a difference in the ‘required fees’ i.e. the amount required by the replacement tutor and the ‘pending fees’, you agree to pay the difference using the payment link sent by the replacement tutor. In case company decides to refund the amount, only the amount equivalent to the uncompleted future scheduled sessions amount will be eligible for refund, excluding the taxes already paid by you. Only the base price of per session amount paid excluding the tax may be refunded.

3.3. TERMS APPLICABLE TO ALL TUTORS

3.3.1. You represent to the Company that you are an entity who has the capacity to contract in law, and hold all the qualifications and other prerequisites that have been specified by the Company for enrolment as a Tutor on the Platform.

3.3.2. You unconditionally represent and warrant to the Company that you have made available to the Company all the information, documents and other material regarding your qualification to provide the Service, and no information has been withheld in this regard. You also represent to the Company that all the information, documents and other material submitted by you to the Company for its verification are accurate and complete.

3.3.3. You hereby represent and warrant to the Company that by providing the Service and by complying with the conditions hereunder will not result in (i) a breach of or default under any contract to which you are a party; or (ii) a violation of any applicable laws. For the individual signing up shall be deemed to have the authority to represent and bind the concerned entity to the terms hereof.

3.3.4. You agree that you have registered on this Platform as an independent freelancer or consultant and nothing contained in the Terms of Service or elsewhere shall give rise to an employer – employee relationship between the Company and you.

3.3.5. You agree to perform the Services in a professional manner meeting the expectation of the Learners in terms of quality. We may regularly update qualifications and other eligibility conditions with respect to the Services from time to time and these shall be strictly adhered to by you.

3.3.6. You agree and acknowledge that the Company is only an aggregator of service providers providing a platform for eligible and qualified Tutors to connect with prospective Learners. The Company shall not, in any manner whatsoever, be held liable or responsible for any matters in connection with the provision of the Service itself conducted online. The Company makes no representation or undertakes no responsibility with respect to any Learner or the requirements of any Learner.

3.3.7. You agree and understand that these terms and conditions are legally binding and enforceable against you. Please do not use this Platform if any of the terms set out herein are not acceptable to you. You shall indemnify and hold harmless the Company from any and all expenses that may be incurred by it as a result of your breach of any of the obligations set out hereunder.

3.3.8. The Company does not underwrite a guaranteed number of enquiries or demo bookings to Providers. The Company also does not guarantee any number of Learner payments or conversions from the enquiries and demos.

3.3.9. The Company does not allow registration for home tuition agencies & organizations that are engaged in providing products or services similar to that of the Company (or) who are engaged in collection of data from the Website and sharing/utilizing it for the benefit of competitors. If there are any such registrations, the Company reserves the right to terminate those accounts without any prior notice and without processing the refund of paid subscription fee, if any associated with those accounts. The Company also reserves the right to initiate any legal proceedings if any home tuition agencies or organizations contravene conditions as stated above.

3.3.10. The company does not collect any payment of any nature from Tutors. By signing up as a Tutor on the platform, you declare that you are voluntarily signing up to provide Tutoring services to prospective learners and company reserves the right to either utilise your services or not.

3.3.11. Copyright protection for all Training Content uploaded by you on the Website:

3.3.12. COMMUNICATION & QUALITY GUIDELINES FOR TUTORS

3.3.13. POLICY VIOLATION & SUSPENSION GUIDELINES FOR TUTORS

3.4. PAYMENT TERMS

You agree to pay to the Company any fees determined by the Company at the time of signing up for the Services. You also agree that You will be solely responsible for payment of any and all statutory dues including but not limited to sales, use, import, export, value added or property tax, GST, duties or other amounts that arise in connection with Your use of the Company’s Services.

3.5. PERSONAL DATA AND OTHER INFORMATION MADE AVAILABLE ON THE WEBSITE

The User shall read and understand the Privacy Policy available at https://tutenow.com/privacy-policy, so as to ensure that he or she has the knowledge of, (i) certain information that may be collected by the Platform; (ii) the purpose of collection and the use that such information is put to; and (iii) the entity that collects and retains the information etc.

1. The Company is not responsible for the authenticity of the personal information or personal data that is supplied by a User on the Platform. The User shall be responsible for maintaining the confidentiality of his/her account access information and password, and the User shall be held solely liable for all usage of his/her user account and password, whether or not authorized by him/her. The User shall be obligated to intimate the Company regarding any misuse or suspected misuse of his/her user Account information.
2. Where a User provides information that is not authentic or is incomplete, the Company may at its sole discretion discontinue providing the Services to that User by disabling his/her User Account.

Each User represents and warrants to the Company that the content uploaded by them on the Platform shall not infringe the intellectual property rights of any person.

4. CONTENT AND INTELLECTUAL PROPERTY TERMS

In addition to providing the Services as stated above, the Platform may also offer other information related to the Services either directly or indirectly using links to third-party websites. The Company may not be the sole owner of all the information that is made available on the Platform. The proprietary rights to all information that is created by the Company and made available on the Platform shall belong to the Company alone. Unauthorized use of any content or material that is available on the Platform may violate intellectual property rights of other parties. You shall use the content on this Platform only for personal, non-commercial use.

Any links to third-party websites that are provided on the Platform are for convenience and do not amount to the Company being responsible, in any manner, for such third-party websites and their content. You may use such third-party content at your own risk.

The Platform shall not be used by you for any illegal or unlawful purpose. Your use of the Platform shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the Platform by other Users or Users, and you shall not engage in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication.

By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in a lawful manner. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if content belonging to such third party is being used).

Please note that the Company is only an “intermediary” as defined in Section 2(w) of the Information Technology Act, 2000 and can only control the information and content posted by itself on the Platform. The Company does not have the ability to control User/User-generated content on the Platform. You are solely responsible for your interactions with other Users/Users and any content you post. The Company may monitor interactions between Users and remove any content from the Platform that it considers objectionable or inappropriate.

4.1. RESTRICTIONS ON USE

You should not host, display, upload, modify, publish, transmit, update or share any information that:

1. belongs to another person and to which you do not have any proprietary right;
2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, podophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonates another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
9. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

The Company retains the right to remove from the Platform any content that contravenes any of the above conditions.

5. CODE OF CONDUCT

5.1. CODE OF CONDUCT FOR TUTORS

The Company follows a policy of zero-tolerance on any complaint registered by any Learner against any Tutor regarding their conduct or behaviour during the classes.

1. Free Replacement or Refunds: The Company allows all Learners or their parents to take free demo sessions with the Tutors registered on TuteNow.com. The Company will provide a Free Replacement of the Tutor. If no replacement can be offered by the Company, then a no-questions-asked refund will be issued to the Learner, if the request is made within 15 days of starting the classes with the Tutor. If more than 15 days have lapsed after starting the classes, no refund can be issued.
2. Suspension of the tutor: For any complaint from a Learner leading to a refund, the Company reserves the right to suspend the Tutor for a period ranging from 7 days to permanent termination of the Tutor’s registration on the Platform. The Company’s decision on imposing the suspension will be final and binding.
3. Tutors will maintain high standards of professionalism in all their communication with Learners, including but not limited to:
   • Refraining from any communication with the Learners that may be considered abusive, racist or discriminatory of any nature;
   • Avoiding appearance on the video calls that may be considered offensive or inappropriate by the Learner in any way; and
   • Avoiding any communication with the Learners that may promote social unrest or may be considered unacceptable by law enforcement agencies.

5.2. CODE OF CONDUCT FOR LEARNERS ENGAGED WITH TUTORS

5.2.1. If you are found guilty of misbehaviour in a class or sharing content that meets one of the following criteria, it will lead to an immediate removal from the course you have registered and/or permanent removal from the Platform:

• Violate any law, statute, ordinance or regulation;
• defamatory, unlawfully threatening or unlawfully harassing;
• obscene or contain pornography;
• use of content that contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

6. DISCLAIMER OF WARRANTIES

Please note that your use of the Platform and the services shall be at your sole risk. The Company disclaims all warranties of any kind, whether express or implied, including, but not limited to non-infringement of third-party rights with respect to the contents of the Platform, or any reliance upon or use of the Platform contents or the Services.

The site, content, and services are provided as is, without warranty or condition of any kind, either expressed or implied. In no event shall the Company, be liable for any direct, indirect, incidental, special, punitive, consequential damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use or the inability to use our services.

The Company makes no warranty regarding the quality of any products, services, accuracy, timeliness, truthfulness, completeness or information purchased or obtained through the sites, content or services. You specifically acknowledge that the Company shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Interruptions: The Company (including its directors, employees, agents and representatives) shall not be liable for any loss or liability resulting, directly or indirectly, from technical glitches or interruptions in the access of the Platform due to electronic or mechanical failures, defects, weather, strikes, acts of God, riots or other like causes.

Inaccuracies: The contents published on the Platform from time to time may include inaccuracies or human as well as mechanical errors, may be incomplete, and may be changed or updated from time to time at the sole discretion of the Company. The Company (including its directors, employees, agents and representatives) make no representations about the suitability or use of the content and features of the Platform for any particular purpose.

In no event shall the Company be liable to a user or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any other direct or indirect damages, including without limitation, those resulting from loss of use, data or profits, whether or not the Company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Website or of any other websites referenced or linked to from the Website or Platform. The Company shall not be liable in any way for third party goods and/or services offered through the Platform or for assistance in conducting commercial transactions through the Platform, including without limitation the processing of orders or payment of any consideration.

Further, the Company makes no warranty:

5. That the content made available on the Platform is complete, updated or accurate; or
6. That the third-party information made available on the Platform or the third-party links made available on the Platform are accurate, reliable or complete.

6.1. LIMITATION OF LIABILITY

Except for the breach of confidentiality obligations, under no circumstances and under no legal theory, whether tort (including negligence), product liability, contract, or otherwise, shall the Company be liable to you for any indirect, special, incidental, or consequential damages, even if you have been informed of the possibility of such damages.

6.2. INDEMNIFICATION

You shall indemnify, defend and hold harmless the Company as well as each of its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms of this Agreement; (b) use or misuse by you of the Platform content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the Website.

If and when so required, the Company may seek written assurances from you regarding your undertaking to indemnify the Company, and your failure to provide such assurances would amount to a material breach of this Agreement. The Company may participate in any legal proceedings where you are defending a third-party claim related to your use of any of the Platform. You shall notify the Company of any third-party legal proceeding that is initiated in relation to the Platform or the Services, to which legal proceeding you are a party.

7. PRIVACY

Please refer to the Privacy Policy at https://tutenow.com/privacy-policy, incorporated by reference herein, for information on the policy of the Company with respect to personal and sensitive information that is provided by the Users to the Platform.

8. REDRESSAL OF GRIEVANCES

If you have any questions or grievances regarding the Platform, or the contents thereof, you may reach out to the Company’s customer support at support@tutenow.com, which will be routed to the “Grievance Officer”. The Grievance Officer shall address any complaint or grievance that is raised by a User within a period of one (1) month from when it is raised.

9. USE OUTSIDE INDIA

Although the Platform may be accessible worldwide, the Company makes no representation that materials on the Platform are appropriate or available for use in locations outside India or that the Platform complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Platform from territories where the content of the Platform and/or the provision of the Services is deemed illegal is prohibited. Users accessing the Platform from locations outside India do so at their own risk and are responsible for compliance with local laws that are applicable to them. Any offer for any Service, and/or information made in connection with the Platform is void where prohibited.

10. MISCELLANEOUS PROVISIONS

Force Majeure. The Company shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, pandemic, State imposed lockdown restrictions, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott. The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform.

Entire Agreement. This Agreement along with the Privacy Policy comprises the entire agreement between you and the Company with respect to the use of the Platform.

No Waiver. A delay or failure by the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

Notices: All notices given to you by the Company or by you to the Company shall be in writing and in the English language. Such notice shall be sent by e-mail or mailed by a prepaid internationally-recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party:

Governing Law; Jurisdiction. This Agreement is governed by the provisions of Indian law, including but not limited to the following:

1. the Indian Contract Act, 1872;
2. the (Indian) Information Technology Act, 2000;
3. the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
4. the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.

This Platform originates from the State of Telangana in India. This Agreement will be governed by the laws that are applicable in the State of Telangana. By using this Platform, you consent to the jurisdiction and venue of the courts located in Telangana, India in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.

Termination. The Company may terminate your access to the Platform without any notice to you if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.