These Terms of Service apply to you irrespective of whether you are –
A teacher, tutor or person or institution of a similar nature intending / wishing to be enlisted on the panel of the Website / App as a teacher / tutor ("Tutors", "you", "your" or "User")) so as to enable tutee's and other persons interested in availing the services provided by you by searching for Tutors through the Website / App.
A parent / legal guardian of a child / person under the age of 18 years or persons above the age of eighteen years (18 years) who are legally permitted of entering into a contract ("Tutees", "you" or "User") accessing and using the Website and App for the Services.
Any other person accessing and/or using the Website / App ("you" or "User").
The term "User" shall have the meaning ascribed to it under The Information Technology (Intermediaries Guidelines) Rules, 2011.
The Services provided on the Website and App are made available to all Users free of charge or at a cost (as applicable). The Services may be updated and/or changed from time to time. The Company does not undertake any obligation to advise or update you of such changes / additions / deletions to the Services being provided. These Terms of Service may be changed, including by way of charging the Users for the Services, by the Company from time to time, without any intimation to the Users.
Information provided by our Users through the Service may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that the Company shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. The Users shall be in compliance with all applicable laws, rules, regulations, notifications, circulars, etc.
In order to access and use the Service and its features, you acknowledge and agree that you will be required to create an account on the Website and App. For this purpose, you will be required to provide the Company with your basic information such as your name and mobile phone number. When providing your personal information, you must provide accurate and complete information. You hereby give your express consent to the Company to access your account periodically to keep a check on the Service being provided by the Tutors. You agree that you will not reveal your account information to any third parties and that you are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur in or through your account. You agree to immediately notify the Company of any security breach of your account. The Company shall not be responsible and or liable for any losses arising out of any kind of unauthorised use of the Users account.
You must seek and secure the Company's permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation, communication or spam purposes. You agree not to spam, or solicit for commercial purposes, any Users of the Service.
In order to purchase any Service on the Website and App, you must authenticate the purchase by entering your registered mobile phone number and password to authenticate your account for transactions. Once you have authenticated your account, using your mobile phone number and password, you can choose to allow your computer or mobile phone to remember your password to remain authenticated.
You hereby consent that the Company may disclose / transfer / share the information / Documents, provided by you to the Company in any manner, with the appropriate statutory authorities / the Government of India / Courts of India or investigative agencies in the event the same is requested by such authorities, the Government Courts or agencies.
The design of the Service along with created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under Indian laws and foreign laws and international conventions. The Website and App may also display text, graphics, visual interfaces, photographs, trademarks, logos and other artwork of the Tutors registered with Nactus only for information and identification purposes ("Tutor Display Content"). Such Tutor Display Content is third party user generated content and we have no control over such third party user generated content as Nactus is merely an intermediary for the purposes of this Terms of Service. The Company does not purport to promote or advertise any specific Tutor on the Website or App by displaying the Tutor Display Content. The Tutor Display Content will be displayed on the Website and App on an AS IS basis and is only for information purposes. Further, the Service is provided to you on an AS IS WHERE IS basis and solely for your information and personal use only. The Company reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of any Documents purchased, downloaded or accessed on the Website or App of the Tutors or any third parties obtained through the Service for any commercial purposes.
This Clause 4 is applicable only to Tutors.
The Service allows the Tutor to upload, submit study materials, tests etc. ("Documents") for the purpose of making these accessible and available to the tutee. These Documents may be hosted, shared, and/or published as part of the Service, and may be visible to other Users of the Service who have purchased the Documents or have access to the Documents as per the courses or tutorials subscribed by them.
You understand that whether or not such Documents are published, the Company does not guarantee any confidentiality with respect to any submissions.
The Tutor shall be solely responsible and liable for the Documents uploaded by such Tutor on the Website or App and the consequences of posting or publishing them. The Company is only acting as a repository of data, any of the Documents or the views, illustrations in the Documents do not necessarily represent the views or opinions of the Company, and the Company makes no guarantees as to the validity, accuracy or legal status of any of the Documents uploaded by any Tutor.
In connection with the Documents uploaded by the Tutor, The Tutor affirms, represents, and/or warrants that: (i) it owns or has the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Documents to enable inclusion and use of the Documents in the manner contemplated by the Service and these Terms of Service; and (ii) it has the written consent, release, and/or permission of each and every identifiable individual person in or referred to in the Documents to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Study materials in the manner contemplated by the Service and these Terms of Service.
In connection with the Tutor Display Content submitted to us for displaying on the Website and App, the Tutor affirms, represents and/or warrants that it owns or has the necessary licenses, rights, consents, and permissions to use and authorize the Company to display all trademark, copyright or other proprietary rights in and to any and all Tutor Display Content on the Website and App. Please note that this Tutor Display Content will be displayed on the Website and App on an AS IS basis and is only for information purposes.
The Tutor has complete ownership and right to the Study Materials at all points of time. The Company has no claim on copyright or title, in the whole or any part of the Documents in any manner whatsoever.
By uploading the Documents on the Website or App, the Tutor grants the Company a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute and display the Study Materials in connection with the Service and the Company's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. The foregoing license granted to the Company survives the termination of this Service Agreement with the Tutor, as long as it is available on the Website or App.
The Tutor further agrees that it will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless it is the owner of such rights or has permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Company, its brand or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
The Company not endorse any opinions expressed in the Documents and the Company expressly disclaims any and all liability in connection with Documents. The Company does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and the Company will remove all content and Documents if properly notified that such content infringes on another's intellectual property rights.
The Company also reserves the right to decide whether content or a Documents is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. The Company may remove such Documents and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
The Documents provided will be made available for a fee to the Tutees. The manner of fee sharing for the Documents will be provided by a separate agreement between the individual Tutor and the Company.
You hereby consent that the Company may disclose / transfer / share certain information, including personal identification documents submitted by the Tutor for the purpose of registering on the Website and App, with external verification service providers to conduct a basic verification of the Tutor on the basis of the documents provided by the Tutor.
The Users shall be solely responsible for the content submitted for publication on the Website, including any feedback, ratings, or reviews relating to Tutors. The Company's role is limited to acting as an "intermediary" as defined under the Information technology Act, 2000 and the Company disclaims any and all responsibility and liability (if any arises) with respect to such content submitted by the Users. You further agree that the Company may contact you through any electronic means for any feedback, ratings or reviews on the Tutors and you agree that you will extend your fullest co-operation on the same. The feedback, reviews, ratings displayed on the Website and App will be on the basis of the actual feedback, reviews, ratings received from the Users and recorded by the Company. The Company will not be responsible to moderate and display the feedback, reviews, ratings on the Website and App and does not have any mechanism or process or parameters to determine, monitor or moderate the ratings for the Users. The Company may, at all times and in its sole discretion, choose to not publish any of the content submitted / feedback / ratings / reviews obtained from the Users or otherwise.
As provided under Rule 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011, no User shall host, display, upload, modify, publish, transmit, update or share any information that —
belongs to another person and to which the User does not have any right to.
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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.
harm minors in any way.
infringes any patent, trademark, copyright or other proprietary rights.
violates any law for the time being in force.
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
impersonate another person.
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. The Company makes no warranties or representations about the accuracy or completeness of this Service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through the Service or any hyperlinked website or featured in any Documents or other advertising, and Company will not be a party to or in any way be responsible for monitoring any transaction between the Tutor and Tutee of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You specifically acknowledge that the Company shall not be liable for User submissions 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.
The Service is controlled and offered by Company from its facilities in India. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Prior to purchasing the Documents, you have seen and evaluated the preview of the Documents available to you on the Service and found the Documents to be suitable for your purpose and requirements.
Once the Documents have been purchased by you, no refund or cancellation will be processed against such purchase, for any reason whatsoever.
You agree to defend, indemnify and hold harmless the Company, 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 to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any rights in relation to the Tutor or Tutee (as may be applicable), including without limitation any copyright, property, or privacy right; or (iv) any claim arising in relation to the Study Material uploaded by the tutor. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the Service, unless you have a parent or guardian accessing and using the Service for your benefit.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
These Terms of Service shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts and tribunals at Mumbai.
All the contents of the Website and App are only for the purpose stated herein and are to be used by the Users in the manner stated herein.
The Company hereby excludes any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for a particular purpose of the website or any of its contents, including (but not limited) to any tools or applications, reports, images, graphics, Documents contained within the Website and App.
Every effort is made to keep the Website and App up and running smoothly. However, the Company takes no responsibility for the Website and App being temporarily unavailable due to technical issues beyond our control. We do not guarantee that the information in the Website and App are free from infection by computer viruses etc. The Company makes no warranty that the contents of the website or app are free from infection by viruses or anything else which has contaminating or destructive properties.
Submissions and unauthorised use of any materials contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the web site or the use of the web site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Documents) violates any applicable law or regulation, or the rights of any third party.
The Company reserves the right to terminate access to the Website or App at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Service.
The Company may change these Terms of Service set out above from time to time. By browsing the Website or using the App you are accepting that you are bound by the current Terms of Service. The Company may change the format and content of the Website and App at any time or may suspend its operation for support or maintenance work, in order to update the content or for any other reason.
We welcome your suggestions to improve our Website and App and request that any error found may kindly be brought to our notice. please e-mail at: firstname.lastname@example.org.