BookMyTutes Terms of Service

1. Introduction

BookMyTutes Edtech Private Limited, (the “Company”) is a limited liability company incorporated under the Indian Companies Act of 2013, and is headquartered in New Delhi, India. These Terms of Service (“TOS”) are a legally binding agreement between the Company and its users (collectively referred to as “You” or “Your”), which govern your access and use of the platform provided by the Company, including all its services, tools, products, features, and other content. By using the platform, You agree to be bound by these TOS and the policies incorporated herein by reference.

2. Definitions

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

• “Member” means a person who has signed up on the Platform as a student, individual tutor or an institute.
• “Student” means a Member who has registered on the Platform as a Student. In case of a minor student, this term refers to the parent or guardian who registers their child or ward as a Student.
• “Teacher” means a Member who has registered on the Platform as a Tutor or an Institute, with the objective of teaching students online or offline at the residence of the student or the tutor. Providers may be Partners or Non-Partners as defined below. All Providers are required to agree to the Terms listed in the Clause 3.4
• “BookMyTutes Partner” or “Partner” means a Member who signs up on the Platform as a Tutor Partner with the objective of teaching students online using the Platform owned and operated by the Company. Partners have to comply with the Terms of Service for Partner Providers as outlined in the Clause 3.6, apart from the terms listed in the Clause 3.4.
• “Users” refers to the collection of all Students, Partners and Providers together registered on the Platform, Website or Applications.
• “Website” refers to https://www.bookmytutes.com which is the primary website that the Company owns and operates to provide and offer its Services.
• “Payment Link” refers to the requests for payment made by Providers 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.
• “Coins” refer to a Platform-specific Currency that is added to the User Account of the Providers as per the Terms and Benefits of the Membership Plans purchased or subscribed by the Provider. Coins are required by the Providers for responding to any Student Enquiry raised through the Platform. Coins may also be purchased by Providers as a top-up package using the ‘Buy Coins’ link provided in their User Account on the Platform.
• “Help Pages” refer to the Documentation available on https://www.bookmytutes.com for helping Providers understand the nature of the Platform and guidelines regarding using the Platform for best outcomes. Providers 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, however the responsibility to review the changes published on the Help Pages, lies with the Providers.

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 to you.

These Terms & Conditions set out the agreement in this regard between the Company and the Students who are registered on the Website, as well as between the Company and the Providers and Partners 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 licence, 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:

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

3.2 Terms Applicable to Students

The 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 Student or a Provider. 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, “Student” 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:

• The Company provides a variety of forums for you to express yourself in the form of content such as but not limited to blogs, batches, test modules, comments, reviews. 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.
• 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 Platform by the relevant Providers.
• The Company provides this platform to assist in the process of finding a Provider. However, the Company shall not be liable for any damage, direct or indirect, incidental or consequential, and claims asserted in this regard, resulting from your interaction with a Provider. It is advisable to carry out thorough background checks before choosing a Provider.
• The Company provides you with various data, and while every effort has been made to ensure the accuracy of such data, the Company shall not be responsible for any inaccuracies, errors, or omissions. The accuracy of data and its use are subject to your discretion and the laws applicable in your jurisdiction.
• The Company reserves the right to suspend, revoke, limit or modify your access to any portion of the Platform at any time and without prior notice. You shall have no right to terminate or restrict such suspension, revocation, limitation or modification, nor any claim or cause of action arising therefrom or thereon.
• You understand that by using the Platform, you are exposed to content that may not be of your choice. You hereby expressly waive and release any claims or liability against the Company in connection with any such content. You further understand and agree that the Company is not responsible for any damages, losses, or liabilities that may arise as a result of such content.

3.3 Terms Applicable to Providers and Partners

Providers and Partners, as part of their application and acceptance onto the Platform, represent and warrant that:

• All information provided by the Provider or Partner during the registration process and any updates thereto shall be true, accurate, current, and complete. They further warrant that such information shall not be misleading, false, deceptive, fraudulent, or otherwise untrue.
• They shall maintain and protect the confidentiality of all personal data and information about other users obtained from the Platform, including, but not limited to, name, contact details, financial details, etc.
• They shall comply with all applicable laws, regulations, rules, guidelines, and other policies regarding data protection and privacy, including without limitation, any requirements of the General Data Protection Regulation (GDPR) and other data protection laws of the European Union and applicable data protection laws in any other jurisdiction where they collect, store, process, or otherwise handle personal data.
• They shall comply with all applicable laws, rules, and regulations in connection with their business and their use of the Platform.
• They shall indemnify, defend, and hold harmless the Company and its respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, costs, and expenses (including but not limited to attorney's fees) arising out of or in any way connected with any breach of this Agreement by the Provider or Partner.

3.4 Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms and Conditions, including without limitation any dispute regarding their existence, validity, or enforceability, shall be resolved by the competent courts of India.

3.5 Miscellaneous

These Terms and Conditions are the entire agreement between the Company and the Users and Providers regarding the Platform. These Terms and Conditions supersede and replace all prior and contemporaneous written or oral agreements, representations, warranties, or understandings, whether oral or written, between the Company and the Users or Providers. Except as provided herein, there are no representations, warranties, or conditions of any kind, express or implied, statutory or otherwise, to the maximum extent permitted by applicable law. These Terms and Conditions may be modified by the Company from time to time. Such modifications shall be effective upon posting by the Company on the Platform.

3.6 Contact Us

For any queries, suggestions, or complaints, please contact us at info@seenthis.app.