TERMS OF USE


Overview and Important Definitions

The Teacherni.com, web site (site), the services provided in connection therewith (the Services) and the software available for download from Teacherni.com, or the site in connection with the Services (the Software) are owned, operated and maintained, as applicable, by S & D Emerging Entrepreneurs ("we", "our" or "us"). By

  • Using or accessing the site or the Services
  • Downloading, accessing, installing or using the Software or
  • Paying for someone else to use or access the site or the Services or download, access, install or use the Software, you agree to the terms and conditions set forth below (Terms).

If you do not agree with these Terms, neither you nor your designee or giftee may access, download, install, or use (as applicable), the site, the Services or the Software. For the purposes of this agreement, you refers to a parent or guardian who pays for access to the Services as well as the student who accesses or uses the Services. If you are a parent, guardian, or other person who enables a child below 18 years of age to access the Services, you agree to indemnify or in case of damages compensate us on his behalf.

Changes To Terms Of Use

Teacherni.com, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Teacherni.com Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the Teacherni.com Web site or continued use of our service after changes are made means that you agree to be bound by such changes.

Privacy Policy

Any information submitted on the Teacherni.com website is subject to our privacy policy. Please review our Privacy Policy on the website.

Services provided by Teacherni.com

Through our Services, site and Software, we enable users to connect with tutors who provide live, one-to-one online tutoring in our proprietary online classrooms. We are a one stop learning centre for all your learning needs.

You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.

The services are currently available throughout the year except for certain public holidays. Registered students will be notified of the holidays during the course of their enrolment.

Registration

To use the Services, you will need to register on the site, pay any applicable fees, and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s), username(s) and password(s). You must notify us immediately of any unauthorized use of your account(s), username(s) or password(s) and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account(s), username(s) or password(s), either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account(s), username(s) or password(s).

You may not transfer your account(s), username(s) or password(s) to another person, and you may not use anyone else's account(s), username(s) or password(s) at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for

  • The online conduct of such user
  • Controlling the user's access to and use of the Services and
  • The consequences of any misuse.

In the event that you permit a minor to use your account(s), we reserve the right to provide access to your account(s) and all information contained therein to such minor's parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. (An exception to this is that we will never share your credit card information.) For additional information on how we use your information, please see our Privacy Policy.

Your obligations with respect to registration are described below -

In consideration of your use of the Services, you agree to

  • Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being "Your Data"),
  • Maintain and promptly update Your Data to keep it true, accurate, current and complete and
  • Comply with these Terms of Use. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof. You agree not to use the site, the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business not affiliated with us without our advance written permission. No false information shall be provided by you at any cost if you are creating an account for any other person other than yourself, such accounts shall be created only with due permission from the person for who you are creating.
  • If we disable your account for any reason or for reasons in relation to violation of Privacy Policies, and other Terms and Conditions accepted by you for the safe use of the site, you will not create another account without our permission.
  • At all times on you using the site, you promise to not use the services provided by the site for any illegal purposes and for your own commercial gain.
  • If you are under the age of 18 (eighteen) you will use the services provided through the site with proper guidance received from your parents or guardians.
  • If due to any reason any added information is required to be submitted by you for the use of the services provided in the site, you will submit such information as and when required. This information provided by you should be accurate and up-to-date. In the event you fail to provide us with such information you will be stopped from using certain portion of the services provided in the site.
  • You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.

Scheduling & Rescheduling

You can schedule sessions as per your convenience and based on your tutor's availability. Our helpdesk will send confirmation for your sessions after approval from teachers.

Sessions can be rescheduled either online by logging onto your account or by calling our customer service helpdesk, 24 hours prior to the session.

On completion of each session you can give us your opinion about the session, this will help us understand your needs and requirements and meet your satisfaction and improve our quality of services which we provide you through our site.

Membership And Billing

If you are under the age of eighteen (18), you shall read these terms only with the involvement of your parent or guardian. Make sure you review these terms with your parent or guardian so that you both understand all of your rights and responsibilities towards making our payments.

You can find the specific details regarding your subscription, profile, calendar and more with Teacherni under the "My Account" link at anytime by logging into your account.

Teacherni.com will only bill you for the services you avail of. You will be able to manage your payments by yourself and make payments as and when you purchase a service. You can either make payments online through your Credit/Debit card OR Net Banking OR you can mail us a Cheque or avail our free Cheque Pickup facility. Your account will be activated as soon as your payment is cleared. You can check the status of your payments by calling our customer service helpdesk.

Pay attention to the details of the transaction, you have made because your total price may include taxes, fees, and delivery cost if any, all of which you are responsible for. You may be presented with additional terms related to a specific service or purchase before you confirm the transaction please keep in mind that those additional terms will also govern that transaction.

Any services or purchases you have availed of through the site are non – transferable, and cannot be cancelled. We do not refund any amount paid towards our services for which you have given your consent to use.  If you cancel a subscription to our service, you will still have to make full payment due.

No express or implied warranties are made on our behalf for any of our services  that you have availed of through our site

We want to make it easier for you to avail of our payment facilities, so we allow you to fund your transactions using a number of different sources, like credit cards and debit cards, and other payment methods. When you provide a funding instrument to us, you confirm that you are permitted to use that funding instrument. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the funding instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

We may revoke your eligibility to use our payment methods if we find any discrepancy in your ownership of the sources through which you are making our payments at any time at our sole discretion. By using our services through our site and paying for them, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.

We may cancel any transaction if we believe the transaction violates any of the terms as specified for the use of the site, or if we believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behaviour. For the sake of safety we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

On availing of our services, if you at anytime delete your account and leave a Balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your Balance to the appropriate governing body as required by law.

In the event of you taking services from a third party to pay for the services that we have provided you through our site, and in the event if there is any dispute regarding the payment mode services availed by you from any third party, we take no liability for such dispute. If any technical failure or interruption of service has caused stoppage of your payments to us, you are requested to complete such payments stopped at a later time.

Cancellation And Refund

We are confident that if you try our service once you will be completely satisfied with the quality of our tutors and service. You will also enjoy and benefit from the convenience and effectiveness of Teacherni.com's online tutoring. So we have a money back policy – we guarantee that after two sessions if you are not satisfied with the quality of our tutor or services even after a change of tutor you will be entitled to a full refund for the balance hours in your account.

Apart from the above policy, no changes or refunds are permitted. Any change in policy will be at the discretion of management. Management has final say in any payment related issues.

Packages once purchased with hours for certain subjects/topic/grade cannot be changed or transferred or refunded.

Please note - For your safety and convenience, we verify customer details before cancelling your subscription. Please use your name, surname and login e-mail in all your communication with us. Leaving a voice mail, sending an email (without any other communication) or posting a message on Customer Care chat will NOT lead to a cancellation of your account.

Pricing

Teacherni reserves the right to change prices without advance notice and to offer promotions periodically to certain group of customers and thus not available to all customers. Prices will not rise during the current month of subscription or during the duration of a test prep package but can change for subsequent months or renewal of test prep packages.

Web Site Content

We distribute subject content, and other animations and we reserve the right to display and promote the content or other information on our Web site to you in any manner we choose in our sole and absolute discretion. In addition, the Teacherni Web site allows you and other third parties to post comments, give feedback concerning the services offered, our tutors, and subject content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Teacherni Web site are those of the respective authors or producers and not of Teacherni, ,or its shareholders, directors, officers, or employees. Under no circumstances shall S & D Emerging Entrepreneurs, or its shareholders, partners, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Teacherni Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Teacherni.com Web site.

Free Trial

We encourage the use of our service through free trial. Free trial is only available to first time customers of the Teacherni.com service and cannot be combined with any other offer. Only one free trial may be redeemed per student. You must have internet access to use the free trial offer. Upon registering for your free trial, a Teacherni.com tutor or a customer service representative will chat with you and try to help you out with your questions.

Technology

Teacherni.com uses proprietary, licensed third-party technologies and free technology products. While all attempts are made to ensure stability and availability of technologies used by Teacherni.com, the company cannot get guarantee uptime. You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.

Trademarks

The Teacherni.com logo is a trademark and/or service mark of S & D Emerging Entrepreneurs. The Teacherni.com website including Teacherni.in and Teacherni.co.in website including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Teacherni.com. The trademarks, service marks and trade dress of Teacherni.com may not be used or reproduced without prior written approval from Teacherni.com and may not be used in connection with any product or service that is not affiliated with Teacherni.com, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Teacherni.com, or in any manner that disparages or discredits Teacherni.com. Other trademarks that appear on the Teacherni.com Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Teacherni.com. Any images of persons or personalities contained on the Teacherni Web site are not an indication or endorsement of Teacherni.com or any particular product or our service unless otherwise indicated. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a "hot" link to any other World Wide Web site unless approved by us in advance in writing.

Limitations On Use

You must be 18 years of age or older to subscribe to the Teacherni.com service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, the content on the Teacherni.com Web site is for your personal and non-commercial use and we grant you a limited license to access the Teacherni.com Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Teacherni.com Web site without our express written consent. Teacherni.com does not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the Teacherni.com Web site or its contents will terminate the limited license granted by us.

Service Testing

From time to time, we test various aspects of our service, including service levels, plans, promotions and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications

By using the Teacherni service, you consent to receiving electronic communications from Teacherni.com. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured content or other announcements, or offerings. These communications are part of your relationship with Teacherni.com and you receive them as part of the Teacherni.com subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Use Of Information Submitted

S & D Emerging Entrepreneurs, is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Teacherni.com ("Content"), including, without limitation, responses to questionnaires or through postings to the Teacherni.com Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Teacherni.com Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.

Please note Teacherni.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Teacherni.com. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Teacherni.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Conduct

You may only access the site and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not in any way

  • Interfere with the ability of others to access or use the Services
  • Disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users ability to use the site orthe Services
  • Claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship or
  • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. You agree that you will treat the tutors with respect and not use obscenities in the classroom, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not solicit any personal information from any tutor, and agree that if any tutor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing.

Fair Usage Policy

Under a monthly tutoring subscription, Teacherni.com offers limited and/or unlimited scheduled and instant sessions for a single student. Every student must have his or her own tutoring subscription and must not overbook sessions and not attend them. Subscription abuse applies to usage of one account by multiple students in the same family, sharing a subscription with others or booking many sessions and not showing up for them. These constitute a violation of the terms of service and Teacherni.com reserves the right to cancel a customer account or limit usage if there is suspected account abuse. If your account is suspended or limited please contact customer service. Cancelled or limited accounts are not entitled to any refunds for used or unused subscription services so keep your account login information confidential and private and cancel sessions you can't attend to allow booked tutors to be available to help other students.

Right To Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links

Some of the hyperlinks and banners on the Teacherni.com Web site may lead to other Web sites that are not controlled by, or affiliated with, Teacherni.com. In addition, other Web sites may link to the Teacherni.com Web site. Teacherni.com has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.

Claims Of Copyright Infringement

It is the policy of Teacherni.com to respect the intellectual property rights of others. Teacherni.com does not promote, foster or condone the copying of copyrighted material or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Teacherni.com Web site, or know of someone who is making unauthorized use of the content of the Teacherni.com Web site, please notify us of your concern by submitting a written notice to us at the following address

Teacherni.com
C/o
S & D Emerging Entrepreneurs
303, Embassy Centre,
Nariman Point,
Mumbai – 400 021
India

Claims Of Copyright Infringement

It is the policy of Teacherni.com to respect the intellectual property rights of others. Teacherni.com does not promote, foster or condone the copying of copyrighted material or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Teacherni.com Web site, or know of someone who is making unauthorized use of the content of the Teacherni.com Web site, please notify us of your concern by submitting a written notice to us at the following address

Modifications To The Service

We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.

Disclaimer Of Warranty Limitations

The company content, the site, the services and each portion thereof are provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable law, we disclaim all warranties, express or implied, with respect to the site, the company content, the services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the company content, the site, the services, each portion thereof or any third party sites.

Under no circumstances, including, but not limited to, negligence, shall we or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the company content, the site, the services or any portion thereof, even if we or our authorized representative has been advised of the possibility of such damages. If your use of the site, the company content, the services or any portion thereof results in the need for servicing, repair or correction of equipment or date, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Neither we, nor third parties warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the company content, the site, the services or any portion thereof or in any reports of verification services. You agree not to hold us (or our agents, employees or tutors) liable for any instruction, advice or services delivered which originated through the site, through any verification service or in connection with the company content, the services or any portion thereof.

Indemnification

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

General

These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Maharashtra, India applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in Mumbai, India. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

Applicable Laws and Jurisdiction

All matters relating to your access to, and use of, Teacherni.com shall be governed by the Information Technology Act, 2000 and applicable laws in the Republic of India.

Any legal action or proceeding relating to your access to, or use of, Teacherni.com shall be instituted in the courts of Mumbai, India. You and Teacherni.com agree to submit to the jurisdiction of Mumbai without regard to or the application of the law and its provisions in your country of residence, agreeing that the venue is proper and that you waive any statement of inconvenience of the location.

Arbitration

Any disputes arising from the use of the website, whether involving Teacherni or not and in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms, shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Teacherni. The place of arbitration shall be Mumbai, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings, which shall be in the English language.

As-is Services

Except where expressly provided otherwise by Teacherni or the website, the services and all content, materials, information, software and products are provided on an "as is" and "as available" basis.

Teacherni expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Teacherni makes no warranty that the website will meet your requirements or that they will be available on an uninterrupted, timely, secure, or error-free basis.

Any business contacts, content, materials or information accessed or otherwise obtained through the use of Teacherni is done solely at your own discretion and risk. We make no warranty of, and disclaim, any and all responsibility for the completeness, accuracy, availability, timeliness, security or reliability of the website or any content, provided by us, by you or by any party.

Teacherni shall have no responsibility for any damage to your computer system(s), loss of data that results from the use of Teacherni or its content. You agree that Teacherni has no responsibility or liability for the deletion of, or the failure for storage and transmission, of any content and communications retained/maintained by Teacherni.

Limitation of Liability

Notwithstanding the responsibilities established due to the legal frameworks in different countries, in no event shall Teacherni be liable for any direct, indirect, incidental, special or consequential damages, or punitive damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, Teacherni.

Waiver and Severability

Under no circumstances will these Terms be deemed to be waived for any other rights or provisions. In the event of any of these Terms being considered invalid or if enforceability is not possible due to a conflict with applicable laws, all other provisions will continue to be in effect.