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TERMS OF USAGE

Last updated on 23 Oct, 2015

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.

USER CONSENT

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.

GENERAL

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.

ELIGIBILITY & REGISTRATION

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.

WEBSITE AND CONTENT

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.

VOUCHERS

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.

DELIVERY, CANCELLATION AND RETURN

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:

    a.
  • In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact the Website via e-mail or any other mode of contact as provided by the Website to confirm payment.
  • b.
  • In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.

  • 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).

    USER’S OBLIGATION

    The User is under an obligation not to violate the privacy policy, terms and conditions and any other terms as defined on the website. The User shall while using the website and engaged in any form of communication on any of the forums on the website shall not violate the terms and conditions which are inclusive of:-

      a.
    • The User shall not Post, publish or transmit any messages that is false, misleading, defamatory, harmful, threatening, abusive, harassing, defamatory, invades another's privacy, offensive, promotes racism, hatred or harm against any individual or group or religion or caste, infringes another's rights including any intellectual property rights or copyright or trademark, violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability.

    • b.
    • The User shall not upload or post or otherwise make available any content that User do not have a right to make available, under any law or under contractual or fiduciary relationships.

    • c.
    • The User shall not upload or post or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. The User may, however, post excerpts of copyrighted material so long as they adhere to Fair Use guidelines.

    • d.
    • The User shall not collect screen names and email addresses of members who are registered on the website for purposes of advertisement, solicitation or spam.

    • e.
    • The User shall not send unsolicited email, junk mail, spam, or chain letters, or promotions or advertisements for products or services.

    • f.
    • The User shall not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer.

    • g.
    • The User shall not engage in any activity that interferes with or disrupts access to the Website

    • h.
    • The User shall not attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.

    • i.
    • The User shall not violate any applicable laws or regulations for the time being in force within or outside India.

    • j.
    • The User shall not violate these Terms of Usage including but not limited to any applicable Additional terms of the website contained herein or elsewhere.

    • k.
    • The User shall not Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

    BANK ACCOUNT INFORMATION

      The User is under an obligation to provide his banking information as and when required. For that purpose, the obligation of the User are:-
      a.

    • The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.

    • b.
    • The User may pay the fees required, to the Website by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
    • i. The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
    • ii. The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;

    • c.
    • The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.

    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.

    INTELLECTUAL PROPERTY RIGHTS

    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.

    PRIVACY POLICY

    The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Wesbite. The User further consents that the terms and contents of such Privacy Policy is acceptable to the User.

    INDEMNIFICATION

    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.

    DISCLAIMER/LIMITATION OF LIABILITY

    THE USER EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

      a.
    • THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THE WEBSITE ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE WEBSITE OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
    • b.
    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
    • c.
    • THE WEBSITE WILL NOT BE LIABLE FOR ANY LOSS THAT THE USER MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF THEIR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT THE USER’S KNOWLEDGE. THE WEBSITE HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT THE WEBSITE NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. THE WEBSITE SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE WEBSITE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE WEBSITE'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. THE WEBSITE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. THE WEBSITE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
    • d.
    • THE WEBSITE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
    • e.
    • THE WEBSITE AND/OR THE PAYMENT SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INACCURACY, ERROR OR DELAY IN, OR OMISSION OF (A) ANY DATA, INFORMATION OR MESSAGE, OR (B) THE TRANSMISSION OR DELIVERY OF ANY SUCH DATA, INFORMATION OR MESSAGE; OR (C) ANY LOSS OR DAMAGE ARISING FROM OR OCCASIONED BY ANY SUCH INACCURACY, ERROR, DELAY OR OMISSION, NON-PERFORMANCE OR INTERRUPTION IN ANY SUCH DATA, INFORMATION OR MESSAGE. UNDER NO CIRCUMSTANCES SHALL THE WEBSITE AND/OR THE PAYMENT SERVICE PROVIDERS, ITS EMPLOYEES, DIRECTORS, AND ITS THIRD PARTY AGENTS INVOLVED IN PROCESSING, DELIVERING OR MANAGING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING PUNITIVE OR EXEMPLARY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROVISION OF OR ANY INADEQUACY OR DEFICIENCY IN THE PROVISION OF THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS OR ALTERATION OF TRANSMISSIONS OF DATA OR ARISING FROM SUSPENSION OR TERMINATION OF THE SERVICES.
    • f.
    • THE WEBSITE AND THE PAYMENT SERVICE PROVIDER(S) ASSUME NO LIABILITY WHATSOEVER FOR ANY MONETARY OR OTHER DAMAGE SUFFERED BY THE USER ON ACCOUNT OF (A) THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE PAYMENT GATEWAY OR SERVICES IN CONNECTION THERETO; AND/ OR (B) ANY INTERRUPTION OR ERRORS IN THE OPERATION OF THE PAYMENT GATEWAY.