These terms and conditions of Use (hereinafter referred as “Terms of Usage”) describe and govern the User’s use of the content and services offered through www.knowyourtutor.com (hereinafter referred as “Website”). The Website may update/amend/modify these Terms of Usage from time to time. The User is responsible to check the Terms of Usage periodically to remain in compliance with these terms.
By accessing the Website and using it, you (User) indicate that you (User) understand the terms and unconditionally & expressly consent to the Terms of Usage of this Website. If you do not agree with the Terms of Usage, please do not use this Website. The User is advised to read the Terms of Usage carefully before using or registering on the Website or accessing any material, information or services through the Website. Your (User) use and continued usage of the Website (irrespective of the amendments made from time to time) shall signify your (User) acceptance of the terms of usage and your (User) agreement to be legally bound by the same.
As regards the payment getways, the Website or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms of Usage, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
The Website is an internet based portal owned and operated by The Marketer, a firm registered under the laws of India. The Website facilitates online sale and booking of a course/event listed by the Merchant and services offered by the Merchant through the Website. The Merchant’s services are offered to the User through various modes which shall include issue of coupons and vouchers that can be redeemed for various services.
A printed version of these Terms of Usage and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Usage to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The User of the Website must be a person who can form legally binding contracts under Indian Contract Act, 1872. A minor under the age of eighteen (18) may avail the services provided on the Website through a legal guardian in accordance with the applicable laws. The Website would not be held responsible for any misuse that may occur by virtue of any person including a minor using the services provided through the Website.
To avail the services better, a User (Merchant or customer) is required to complete a registration process and establish an account with the Website. An account could be created through the Website ID and password or other log-in ID and password which can include a facebook, gmail or any other valid email ID. The User while creating an account hereby represents and warrants that all the information provided by the User is current, accurate and complete and that the User will maintain the accuracy and keep the information updated from time to time. Use of another User’s account information for availing the services is expressly prohibited. If in case it is found that the information so supplied on the Website is inaccurate, incomplete, untrue and current, the Website has the right to suspend or terminate the User’s account and restrict/refuse the use of the Website by such User in future.
The right to use this Website is personal to the User and is not transferable to any other person or entity. The User would be responsible for protecting the confidentiality of User’s passwords and other information required for the purposes of registration. The User would be fully responsible for all the activities that occur under the User’s account with the Website. The Website cannot and will not be liable for any loss or damage arising from the User’s failure to maintain secrecy and confidentiality. The User shall notify the Website immediately if they become aware of any unauthorized use of their Account(s) or breach of any security. The User must log out from its account at the end of the session.
The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that the Website or the Payment Service Provider(s) have no control over such matters.
The Website and any individual Websites which may be available through external hyperlinks with the Website are private property. All interaction on this Website must comply with these Terms of Usage. The User shall not post or transmit through this Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. The Website shall have a right to suspend or terminate access by such User or terminate the User’s registration and such User shall not gain access to the Website. The Website reserves the right to terminate the access or to change or discontinue any aspect or feature of the Website including, but not limited to, content, graphics, deals, offers, settings, etc.
The Website enables its Users to buy a Voucher for a discount on any Service listed on the Website. The Website is only a facilitator or an intermediary and is not and cannot be a party to and cannot control in any manner any transactions between the Merchant and the customer and shall neither be responsible not liable to mediate or resolve any disputes or disagreements between the Users (Merchant and customer).
The Vouchers can be purchased either through online banking inclusive of using credit card/debit card/net banking or via delivery by paying cash and service charges on receipt/delivery. These Vouchers can be redeemed up to a certain validity period from the outlets of the respective Merchants. The Voucher shall display the necessary redemption instruction on it inclusive of the offer period, expiry date, etc. The Voucher purchased through the website are non-refundable and unless otherwise states, the User will not be entitled to receive credit or cash-back for any value of the Voucher which has not been used by the User.
For purchasing the Vouchers, the User would be required to create an account on the Website. This is required so the website can provide the User with easy access to print orders, view past purchases, etc. The Vouchers are issued on behalf of the merchant selling its services and such merchants, to the exclusion of the Website shall be responsible for any and all charges, expenses, claims, liabilities and costs suffered by or in respect of a customer. The Customer is advised to independently verify the bonafide of any particular Merchant that they wish to deal through the Website and use their best judgment in this regard. The User shall provide authentic, accurate and true information for proper facilitating the deal between the Users.
If there are orders that the Website is unable to accept and must cancel, the website at its sole discretion, reserves the right to refuse or cancel any order for any reason whatsoever. Some situations may result in the order being cancelled and include, without limitation, non-availability of the service, inaccuracy, error in pricing information or other problems as identified. If the User’s order is cancelled after charges being paid against the said service, the said amount paid for booking will be reversed back. No claims for refund/ Charge Back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.
In these Terms of Usage, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider's accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
If at any stage, after payment of the booking fees, the User requests for cancellation, the Website reserves the right to accept or reject requests for order cancellations for any reason whatsoever. The website would have full right to decide whether an order has been processed or not.
The entries in the books of the Website and/or the Payment Service Providers kept in the ordinary course of business of the Website and/or the Payment Service Providers with regard to transactions covered under these Terms of Usage and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.
In case of any fraudulent or duplicate transaction, the User shall directly contact the Website and such issues shall be suitably addressed by Website alone in line with its policies and rules.
In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).
The User is under an obligation to provide his banking information as and when required. For that purpose, the obligation of the User are:-
The User further agrees that if any part of these Terms of Usage are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable 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 of Usage shall continue in effect.
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code etc. on the Website is owned and controlled by The Marketer and the design, structure, selection, coordination, expression, look and feel and arrangement of such content is protected by copyright, patent and trademark laws and various other intellectual property rights.
The logos displayed on the Website are the property of The Marketer or their Merchants or respective third parties. The User is not permitted to use them without the prior consent of The Marketer, Merchant or the third party that may own such a mark.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, The Marketer owns all intellectual property rights to and into the trademark “knowyourtutor” and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks.
Further except as expressly provided herein, the User acknowledges and agrees that the User shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Website or thirty party owner of such Content.
The User shall indemnify and hold harmless the Payment Service Provider(s) and the Website and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services. Further, the User agrees that the Website or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms of Usage where such failure is due to circumstance beyond the Website’s reasonable control.
THE USER EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: