Terms and Conditions

Terms and Conditions

About MyOnlineTutors

MyOnlineTutors is an international ed-tech company. We provide 1-on-1, personalized, live, interactive, online tuitions delivered by certified tutors for K-12 students and university students. We are devoted to helping students in improving their grades. Students from numerous schools around the world have experienced measurable success with us. We are unique because our in-house academic mentors analyze the students’ needs, plan the learning sessions accordingly and monitor the progress of every child to optimize their learning experiences. We also have developed an in-house tutoring methodology that uses the best global teaching techniques along with our independently developed content to our students.

Henceforth, on this page, MyOnlineTutors shall be referred to as “MOT”.

Accuracy of content

We have taken every care in the preparation of the content of this Website. We disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.

Eligibility to Use

Use of the Website is available only to persons who can form legally binding contracts. Persons who are “incompetent to contract” including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on our Website, such use or transaction on the Website shall be made by your legal guardian or parents. MOT will not be responsible for any consequence that arises as a result of misuse of any kind of the Website that may occur by virtue of any person including a minor using the services provided through the Website. MOT reserves the right to terminate your subscription and / or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.

You are prohibited from selling, trading, or otherwise transferring your information to another party. MOT owns no responsibility in any manner over any dispute arising out of transactions by any third party using your information or payments made by any of the payment made to any third party.

Account and Registration Obligations

In consideration of your use of our Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services. You also agree to provide true, accurate, current and complete information about yourself as prompted by our Website’s registration form or any information provided by you by other means of communication. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof).  You undertake to indemnify and keep indemnified MOT for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.

“Your information” is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy.

Credit Card/Debit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on our Website will be correct and accurate and you shall not use the credit card/debit card which is not lawfully owned by you, i.e. in a transaction, you must use your own card/account. You further agree and undertake to provide the correct and valid credit card details when making payment on our Website. We do not store any information related to your Credit card/ Debit card or net banking. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. We shall not be liable in any event, for any credit card fraud that occurs to you. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.

All credit/debit cards detail and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.

Fraudulent /Declined Transactions

Our payment partner’s (being the Payment Gateways and facilitators and Banks) and our fraud detection team constantly monitors your account in order to avoid fraudulent accounts and transactions. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such user account(s) and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

 

Electronic Communications

When you visit our website or send email(s) to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or social media. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements.

Refunds

In the event you are not satisfied with the services provided by MOT, we request you to contact us at info@myonlinetutors.com. The user hereby acknowledges that the refund of payment once validly made by the user for the services provided by MOT will be at the sole discretion of MOT.

“Refunds will be done only through the original mode of payment.”

Services provided by third parties

The user hereby agrees and understands that the services provided by MOT also include such exclusive third party services. The user admits that the use of such third party services shall be the sole responsibility of the user and the user shall ensure that he/she maintains such telecommunications and internet services necessary for availing such services along with such required software and hardware devices, at the sole cost of the user. The user hereby agrees and acknowledges that MOT shall not be liable for any loss, data corruption, bad signals, communication difficulties or any other damage of loss of any kind arising out of the user availing such third party services.

Abuse or Misuse of the Website

The user hereby agrees that the user shall neither by itself nor be part of any kind of abuse or misuse of the Website in any manner whatsoever. By availing to the video tutorial sessions available on the Website, the user agrees that, apart from not sharing any kind of personal MOT information of any kind with the other party, the user shall also ensure that he/she shall not inter-alia share, display, convey, transmit or portray abusive content of any kind in any manner whatsoever. Likewise, in the event the user feels that there is any kind of abusive content or such other MOT information shared / displayed by the other party, the user shall immediately report the same to us at info@myonlinetutors.com. In the event MOT has reasons to believe that the user is inter-alia sharing, displaying, conveying, transmitting or portraying abusive content of any kind of the user has been part of such transmission, MOT has the absolute right to terminate the account and the services availed by the user without providing any reason whatsoever, apart from other measures that MOT may recourse to. The user hereby also agrees and confirms that MOT shall not be responsible or liable for inter-alia any act as mentioned above in any manner whatsoever and that the user shall not make any kind of claim against MOT or make MOT party to any claim he/she is making before any forum in relation to any abuse or misuse of the Website to which the user is a party to or otherwise. The user hereby also agrees and understands that it shall be the sole responsibility of the user to restrict such abuse or misuse of any kind of the Website and the services availed and the user shall ensure that it shall report to MOT at the earliest on occurrence of any such event.

Similarly, the user hereby also agrees that he/she shall not inter-alia share, display or transmit any copyrighted material which he/she is not permitted to do in the course of the facilities availed of the Website. The user shall be entitled to share only such materials which have an open source code and that they have specifically permitted the user to share. In the event the user shares any of the copyrighted materials to the other party without the prior written consent of MOT, the user shall be liable for such actions taken against it by MOT and any aggrieved third party for violations of the intellectual property rights of such parties.

You Agree and Confirm

  1. That you shall use the services provided by us, for lawful purposes only and shall comply with all the regulations while using the Website and transacting on the Website.
  2. You shall provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found to be false (wholly or partly), we have the right and the sole discretion to reject the registration and debar you from using the services of our Website and / or other affiliated websites without prior intimation whatsoever.
  3. That you shall access the services available on this Website and transact at your sole risk and shall use your best and prudent judgment before entering into any transaction through this Website.
  4. That neither you nor the tutor shall share their respective personal details including any kind of contact information with each other. In the event the user becomes aware of any such information, the user shall intimate MOT on the same at the earliest.

You agree and confirm that you shall not use our Website for any of the following purposes:

  1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  3. Gaining unauthorized access to other computer systems.
  4. Using, displaying, mirroring or framing the Site, or any individual element within the Site or services, MOT’s name, any MOT trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MOT’s express written consent.
  5. Interfering with any other person’s use or enjoyment of the Site.
  6. Breaching any rules or regulations.
  7. Interfering or disrupting networks or web sites connected to the Site.
  8. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.
  9. Collecting or storing any personally identifiable information from the Site or services from other users of the Site or services without their express permission.
  10. Impersonating or misrepresenting your affiliation with any person or entity.
  11. Violating any rules or regulations.
  12. Encouraging or enabling any other individual to do any of the foregoing.

Modification of Terms & Conditions of Service

We may at any time modify the Terms of our Website without any prior notification to you. Should you wish to terminate your account due to a modification to the Terms or the Privacy Policy, you may do so email us at info@myonlinetutors.com.  However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of this Website.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or by our Website, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments of use of comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to our Website shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity. You further agree that no Comments submitted by you to our Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, bugs, worms, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to our Website. You grant us the right to use the name that you submit in connection with any Comments. You undertake not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments that you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Ownership of Rights

All rights, including copyright, in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. You may not modify, distribute or re-post something on this Website for any purpose.

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of MOT protected by copyright as a collective work under the applicable copyright laws. MOT owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as copyright or license to use in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of MOT is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on our Website or a website otherwise owned or operated in conjunction with MOT shall not be deemed to be in the public domain but rather the exclusive property of MOT, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of MOT, unless otherwise stated.MOT does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, you warrant that the owner of such material has expressly granted MOT the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user’s personal use. You hereby grant MOT, the right to edit, copy, publish and distribute any material made available on the Website by you. If you come across any abuse or violation of these Terms, please report to info@myonlinetutors.com.

Indemnity

You agree to defend, indemnify and hold us and our employees, directors, officers, agents and their successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of or relating to claims based upon your actions or inactions, which may result in any loss or liability to us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms of Use or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms of Use.

Termination and Survival of the Terms after the Term ends

MOT may terminate these Terms at any time. Without limiting the foregoing, MOT shall have the right to immediately terminate services provided to you or block your IP address, in the event of any conduct by you, which MOT, in its sole discretion, considers to be unacceptable, or in breach of these Terms.

You may terminate these Terms at any time, provided that you discontinue any further use of our Website.

Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party including our right to any Comment will survive the expiration or termination of these Terms.

Limitation of Liability and Disclaimers

The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website.

We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by us as specified in the product specifications. This disclaimer constitutes an essential part of these Terms. To the fullest extent permitted under applicable law, we or our partners shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or these Terms. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of these Terms, be it in tort or contract or any other legal theory is limited to the value of the product ordered by you.  We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, MOT assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MOT will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site Our Website can be used on most of the internet browsers.

Entire Terms

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Website policies constitute the entire agreement between you and MOT with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to MOT. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.