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Tutor Terms and Conditions
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INTRODUCTION
Website/Android Application- terms of use
1. Scope
Use of the Tagore I-Tutor run by Tagore Educational Welfare Trust through its website http://www.tagoreitutor.com Android App `Tagore I-tutor` is subject to these terms and conditions of use. Users who do not accept these terms of use are not authorised to use or continue using this website/Mobile App. We may amend these terms of use at any time and any revised version will be effective immediately that it is displayed on this website. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to TAGORE I-TUTOR's use of cookies in accordance with the terms of TAGORE I-TUTOR's privacy policy. In the event of any comments or questions concerning these terms of use, please contact us by e-mailing at http://info.tagoreitutor.com/tagoreitutor@gmail.com
Tagore i-Tutor is an online platform for connecting tutors with students / parents. This document contains the various terms and conditions that must be adhered to in order to avail the services offered by Tagore i-Tutor.
We reserve the right, at our discretion, to modify, add, or remove portions of these terms at any time and each such change shall be effective immediately upon posting. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes.
a. In order to use Tagore i Tutor online services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access to your service provider. In addition, you will need to have access to all equipment necessary to make such a connection to the World Wide Web, including a computer and modem, Android Phone or other access devices. The site http://www.tagoreitutor.com is best viewed in following systems/configurations:
i. Bandwidth: 1 mbps or higher
ii. OS: Windows 7 or later version of Windows
iii. Browsers: Internet Explorer 10 or later or Google Chrome 34 or later
iv. Android Phone 4.40 and above version
2. Access to the TAGORE I-TUTOR services and content is subject to these terms and conditions.
Registration, Password
a. For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure that its e-mail address, as supplied to http://www.tagoreitutor.com and on `Android APP` is current at all times and an address at which the User can be contacted.
b. If you are directly subscribing as a user of this Website, you represent and warrant that you are at least 18 years of age and that you possess the legal right and capacity to use the services of Tagore I-Tutor in accordance with the stated terms and usage policies. In cases, where a minor below the age of 18 years of age, wants to use this website/App, such a user shall duly register himself through his parent/ guardian and such a parent/ guardian hereby agrees to accordingly register and supervise usage by, and be responsible for the action of any such minors who use the computer/ mobile phone and/or password to access the site. The parent/ guardian shall enter into this agreement on behalf of such minor, and bind him/ her in accordance with all terms and conditions herein.
c. By registering yourself as a user and subscribing to avail the services of this Website/ Application, it will be deemed that you have read, understood and agreed to fully abide by all the terms and conditions of the Website/Application as contained herein.
d. Some pages of the http://www.tagoreitutor.com Android App `Tagore I-tutor` may be password protected. In the interest of safety and security of the data and website, only registered or paid Users may access said pages. TAGORE I-TUTOR reserves the right, in its sole discretion, to terminate or refuse all or part of its services, for any reason without notice to you. TAGORE I-TUTOR particularly reserves the right to determine certain web pages, which were previously freely accessible, subject to registration. TAGORE I-TUTOR is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User uses false data for the purpose of registration; - violates these Terms of Use or neglects its duty of care with regard to Data; - violates any applicable laws in the access to or use of the TAGORE I-TUTOR Web Site; or - did not use the TAGORE I-TUTOR Web Site for a longer period.
e. By registering on the Website/ Mobile Application, you agree to:
i. make your contact details available to TAGORE I-TUTOR so that you may be contacted by TAGORE I-TUTOR for education information through email, telephone and SMS;
ii. Receive promotional mails/special offers from the Website or any of its partner websites, if any; and/ or
iii. Be contacted by TAGORE I-TUTOR in accordance with the privacy settings set by you.
b. Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from http://www.tagoreitutor.com Android App `Tagore I-tutor` into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
c. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify http://www.tagoreitutor.com thereof without undue delay in writing, or, as the case may be, by e-mail.
Terms of Use
1. Accounts
You need an account for most activities on our platform, including to purchase and enroll in a course or to submit a course for publication. If you publish a course on the Tagore i-Tutor platform, you must also agree to the Instructor Agreement.
When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
If you share your account login credential with someone else, you are responsible for what happens with your account and Tagore i-Tutor will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our support team. Students and instructors must be at least 18 years of age to create an account on Tagore i-Tutor and use the Services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you.
2. Course Enrollment.
When you enroll in a course, you get a license from us to view it via the Tagore i-Tutor Services and no other use. Don’t try to transfer or resell courses in any way.
Under our instructor agreement, when instructors publish a course on Tagore i-Tutor, they grant Tagore i-Tutor a license to offer a license to the course to students. This means that we have the right to sublicense the course to the students who enroll in the course. As a student, when you enroll in a course, whether it’s a free or paid course, you are getting from Tagore i-Tutor a license to view the course via the Tagore i-Tutor platform and Services, and Tagore i-Tutor is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
In legal, more complete terms, Tagore i-Tutor grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Tagore i-Tutor authorized representative. This also applies to content you can access via any of our APIs.
We reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons. Instructors may not grant licenses to their courses to student directly and any such direct license shall be null and void and a violation of these Terms.
3. Payments and Refunds
When you make a payment, you agree to use a valid payment method. If the course you purchased is not what you were expecting, you can request, within 48 Hours of your purchase of the course, that Tagore i-Tutor credit/refund your account.
You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment. Tagore i-Tutor works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within Seven (7) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.
4. Content and Behavior Rules
You can only use Tagore i-Tutor for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a student, the Services enable you to ask questions to the instructors of courses you are enrolled in, and to post reviews of courses. For certain courses, the instructor invites you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
If you are an instructor, you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Trust and safety guidelines, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform.
Tagore i-Tutor has discretion in enforcing these Terms and our guidelines. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
5. Tagore i-Tutor’s Rights to Content You Post
By posting courses and other content, you allow Tagore i-Tutor to use and share it and ownership rights you may have over your content. When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Tagore i-Tutor to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, 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 your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Tagore i-Tutor for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
6. Using Tagore i-Tutor at Your Own Risk
Anyone can use Tagore i-Tutor to create and publish courses and instructors and we enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use Tagore i-Tutor at your own risk.
Tagore i-Tutor enables anyone anywhere to create and share educational courses. Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the courses. If you enroll a course, you rely on any information provided by an instructor at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Tagore i-Tutor has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrollment in a course.
When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. We do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
7. Tagore i-Tutor’s Rights
We own the Tagore i-Tutor platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the Tagore i-Tutor platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of Tagore i-Tutor and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the Tagore i-Tutor name or any of the Tagore i-Tutor trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Tagore i-Tutor or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Tagore i-Tutor platform and Services:
• Access, tamper with, or use non-public areas of the platform, Tagore i-Tutor’s computer systems, or the technical delivery systems of Tagore i-Tutor’s service providers.
• Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
• copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Tagore i-Tutor platform or Services.
• access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
• in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Tagore i-Tutor); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
8. Miscellaneous Legal Terms
8.1 Binding Agreement
You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with Tagore i-Tutor. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Any version of these terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
8.2 Disclaimers
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Tagore i-Tutor or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
8.3 Limitation of Liability
There are risks inherent into using our Services, for example, if you enroll in a health and wellness course like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance.
8.4 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
8.5 No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
9. Governing law Arbitration:
This Agreement shall be governed by and construed in accordance with Indian laws, without regard to choice of law rules.
Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Tutor and Institute conduct, or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Council of Arbitration then in effect and before a single arbitrator chosen by Tagore i-Tutor. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in Chandigarh, Haryana and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Tagore i-Tutor may seek any interim or preliminary relief from a court of competent jurisdiction in Chandigarh, Haryana, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
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