You are expected to read these terms carefully before accessing www.tutorcomp.com. If you are below 18 years of age please request your parent or guardian to go through these terms. You shall not continue to avail the services or access this website if you or your parent/ guardian does not agree with any of the terms and conditions herein. On accessing the website and services, you are presumed to have read and accepted the terms and conditions.
1.1. This Terms and Conditions is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
1.2. The domain name www.tutorcomp.com is owned by TutorComp Infotech (India) Private Limited, having its registered office at, Space no: 7, 2nd floor, Park office Athulya Building, Infopark, Kakkanad, Kochi, Kerala, India and any reference of “TutorComp ”, “Website” “Site”, “We”, Us”, or “Our” shall mean and refer to www.tutorcomp.com and the domain owner TutorComp Infotech (India) Private Limited, its management, employees, agents and permitted assigns. The terms “You”, “User”, shall mean any student accessing and availing the services of www.tutorcomp.com and shall include the parent/guardian who pays for the services. Since majority of the students who avails services from us are under the age of 18, the parent/ guardian hereby agrees to be bound by these terms of usage for all purposes.
2. Services – what we offer
2.1. TutorComp is one of the leaders in providing online tutoring services to students across the globe. TutorComp connects you to a qualified online tutor and provides you with one-on-one tutoring sessions at the comfort of your home for the entire academic year on the subject(s) of your choice.
2.2. You may approach our Channel Partner or TutorComp directly at email@example.com to know more about our services, pricing and to arrange an online demonstration. You may also contact us to register and avail the services and /or to make payments.
2.3. You shall be assigned a tutor/tutors for the entire academic year based on your choice of subject(s). The pricing for each subject/topic will be provided by our Channel Partner or you can contact us on this website.
2.4. We select our tutors based on their educational credentials submitted to us and experience and screen our tutors regarding their qualifications and background. We may delegate the screening and verification process to third parties, however the actions of the tutors and the third party verification service providers are beyond our control and we shall not be responsible for any such actions of the tutors or the validity of verifications.
2.5. You shall be provided with one-on-one tutor sessions on the timings provided to you. Your session timings will be charted based on the availability and mutual convenience of you and your tutor.
2.6. Tutor sessions shall include interactive white board along with video chat session with your personal tutor. The session will be interactive with both voice and video where you will be able to view, talk to and listen to your tutor during a session.
2.8. We would endeavour to bring you uninterrupted services and ensure maximum uptime of our servers, however, we shall not be responsible for any downtime of the servers beyond our control. We shall not be responsible for any internet or access connection failures, corrupted software, hardware issues etc with the tutor. We shall not be responsible for disruption in services caused due to you failing to comply with the requirements mentioned in section 5 below and/ or any issues from your end like power failure, inconsistent internet speed, computer virus, corrupted software, hardware issues etc.
2.10. You shall give us 24 hour notice for rescheduling a class. The classes can be rescheduled within the same calendar month only. No rescheduling will be allowed for no show and money for a full session shall be charged.
2.11. If you are not comfortable with your tutor, you can request a change of tutor by notifying us. We shall endeavour to provide you with an alternative tutor within 48 hours of us receiving such request from you. In case of unavailability of a suitable tutor within 48 hours, we shall refund/reschedule the advance money collected for the sessions.
3. Your Obligations – Do’s and Don’ts
Please go through the below terms carefully. Any breach of the same may lead to cancellation of the services and the tuition fees paid shall be forfeited and no claims for refund shall be entertained. Parents or Guardians who pay for the service please note that the term “You” includes Parents, Guardians /or any individual who paid for the services and shall be responsible and liable for all act of their child/ward.
3.1. To use our services, you should register with us after paying the required amount and obtain a user name and password. The username and password are unique to you. You are not supposed to share your username or password with any other individual or person(s). You alone shall be responsible for any misuse in case you share your username and password. You must notify us immediately in case you suspect your account password has been hacked or misused by another person.
3.2. Please refer to section 6 regarding payments. We reserve the right to stop our services if we do not receive payments from you within 5 days of raising invoice.
3.3. We assume that all information provided by you during registration is authentic and correct. We may suspend or terminate the services without any refund if we find out that you had provided incorrect information.
3.4. You hereby agree that you would use our services only for lawful purposes.
3.5. Ideally, you should be logging into the Site at least 10 minutes before the scheduled time of your session. If you have an inconvenience or an emergency has cropped up which might prevent you from attending the session, you should inform us at least 24 hours before the scheduled session. You shall not be able to enter the session if you log in after 10 minutes of the starting time of the session and there shall not be a reschedule or refund of the session in such case.
3.6. You shall treat your tutor with respect. Offensive, racist, sexist, vulgar, anti-national and other inappropriate comments shall not be allowed during tutor sessions. Any form of nudity, sexually inappropriate gestures, vulgarity verbal abuse etc. shall not be tolerated during tutor sessions.
3.7. You shall not upload, hyperlink or transfer in any form any disparaging, sexual, religious, racist, economic contents in the tutor sessions.
3.8. You may not share your personal information i.e, address, contact number, parents name etc. with your tutor and should not attempt to collect your tutor’s personal details. This is strictly against the terms and conditions of using this service and we shall not be liable for any consequences if you fail to adhere to this.
4. Contents – Ownership
4.1. All contents including audio, video, presentation, writings, literature, diagrams etc are part of the services and shall remain under the ownership of TutorComp. When you use our services, you unconditionally agree that any recordings of your session including your own images and audio may be used by TutorComp for our promotional and other business purposes and you hereby grant your unconditional consent for the same.
4.2. You agree that you shall not use or share any contents of our website including recordings of your tutor sessions for any other purposes other than for your own revision. Any violation may amount to copyright violation and you shall be liable for damages and cost.
5. Minimum and recommended requirements
5.1. Hardware requirements: A computer with minimum 2GB of RAM, i5 processor speed, and a good quality webcam, mic and speaker.
5.2. Software requirements: Firefox, internet explorer and the operating system that supports video calling.
5.3. Internet connectivity: A continuous internet connectivity with a minimum speed of 512kbps.
5.4. Others: A silent room convenient for discussion.
6. Payments, Renewal and Cancellation Policy
6.1. You can select the number of subjects and the number of classes required and should make the payments for the same upfront.
6.2. The payments shall be made through approved payment gateway through credit card, debit card, internet banking or other authorised payment methods.
6.3. You shall be presumed to have completed the age of majority for making the payments.
6.4. You may cancel the tutor sessions and reschedule the classes which will be taken at a time convenient for you and the tutor
6.5. For a 4 hour tutoring package you can cancel and reschedule upto 1 class.
6.6. For an 8 hour tutoring package you can cancel and reschedule upto 2 classes.
6.7. Cancellation is not allowed for a 30 hour package
7. Refund Policy
7.1. As soon as you stop your tutoring classes, the remaining credit (after deduction of transaction fee) will be refunded to your account within 15 working days.
8. Indemnification and Limitations of liability
8.1. You hereby agree to indemnify, defend, and hold TutorComp and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to the use of the services and for violation of any of the provisions of this Agreement.
8.2. To the maximum extent permitted by applicable law, TutorComp shall not be be liable for any indirect, incidental, special or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, or for any loss of production, loss of or corruption of data, loss of profit or of contracts, loss of operation time or loss of goodwill or anticipated savings, even if the TutorComp have been advised of their possibility.
8.3. TutorComp ’s total aggregate liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this service or based on any claim for indemnity or contribution shall not exceed the greater of the sum of the fees paid by you.
9. Warranty and Disclaimer
9.1 Success of Tutor sessions depends on joint effort of both the tutor the student. Though we endeavour to provide the best services with qualified tutors, we cannot by any means guarantee higher grades or any form of success, as it, to a great extent depends on the co-operation and hard work of the student.
9.2 TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, TUTORCOMP MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND YOU HEREBY EXPRESSLY WAIVES AND DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD TITLE, SATISFACTORY QUALITY, ARISING FROM USAGE OR OTHERWISE
10. Force Majeure
10.1. We shall not be responsible if we are unable to provide you of any or all of the services due to the occurring of a force majeure event, including but not limited to fire, flood, earthquake, act of terrorism, war, strikes, prohibition of such service by the law of the land etc.
The Services shall be terminated as per below:
11.1. Failure of payment of required fees within the stipulated time may lead to termination.
11.2. Breach of any of the terms of this Terms of Usage may lead to termination.
11.3. If you want to discontinue the Services, you may notify us and the termination shall be effected within 20 days provided no payment is pending from your side. Refund if any may be made subject to deduction of taxes.
11.4. If the Service is terminated by us for any reasons not attributed to your breach of these terms, we shall provide refund subject to deduction of taxes and bank charges.
The Services shall be terminated as per below:
12.1 By availing this service, you hereby expressly and unconditionally submit yourself to the laws of India in relation to any disputes in this regard. Only the courts of Ernakulam, Kerala State, India shall have the jurisdiction with respect to disputes, if any.