Terms of Use
Terms of Use Effective from September 18th 2006
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These terms of usage govern your use of the TutorVista website and service. By using or visiting the TutorVista website you agree to be bound by these terms of use. If you do not agree to these Terms of Use, you should not use the TutorVista website. For the purposes of this agreement, “you” means the parent or adult who is paying for the service, as well as the student who is using the service.
THE USE OF THE WEBSITE BY THE CUSTOMER SHALL MEAN THAT HE/SHE AGREES WITH THE FOLLOWING TERMS OF USE.
Changes to Terms of Use
TutorVista, 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 of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the TutorVista Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the TutorVista Web site or continued use of our service after changes are made means that you agree to be bound by such changes.
Privacy
Any information submitted on the TutorVista Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
HOW OUR SERVICE WORKS
To use the Services, you will need to register on the site, pay any applicable fees, and obtain an account, and password. You are solely responsible for maintaining the confidentiality of your account(s), and password(s) and for all activities and liabilities associated with or occurring under your account(s), and password(s).You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being "Your Data"), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. You agree not to use the site, the Services or the Company Content 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.
You can get as many tutoring sessions in all subjects as you need subject to availability of tutors. Users typically schedule sessions in advance and might have to book sessions at a time that might not be their first choice. TutorVista has the right to place temporary restrictions on usage during peak hours or with certain tutors to ensure equitable availability of sessions to all customers. TutorVista reserves the right to change the description of the unlimited tutoring package whether it is to place restrictions on usage, limiting the subject, sessions, tutors or any other parameters considered "unlimited" without notice.
You can have up to five sessions scheduled in advance at a time. After booking five sessions, the next sessions can be scheduled only after usage of one of the five sessions. TutorVista retains the right to change this at any time.
*What is 100% money-back guarantee?
We are so confident about the quality of our tutors and the convenience and efficiency of TutorVista's online tutoring that we back it up with a 100% money back money guarantee.
TutorVista provides a 24X7 tutoring service. Tutors are available around the clock though a customer might not always get a tutoring session when they need due to unavailability of tutors for their subject at the specific time or due to technology problems or during a site maintenance window.
Tutor Vista tries to ensure adherence to national and local curricula and standards, however this is not a guarantee. TutorVista tutors are certified to teach in the country and/or state they reside.
TutorVista uses proprietary, licensed third-party technologies and free technology products. While all attempts are made to ensure stability and availability of technologies used by TutorVista, 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.
Account Access; Identity Protection
In order to provide you with ease of access to your account, TutorVista will place a cookie (a small text file) on any computer from which you access the TutorVista Web site. This cookie is used to identify you throughout the TutorVista Web site. This cookie will be destroyed when you close the browser or logout of the TutorVista Web site. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. You may choose to share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the TutorVista Web site.
If you find that you're a victim of identity theft and it involves a TutorVista account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. TutorVista reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. TutorVista is not obligated to credit or discount a membership for holds placed on the account by either a representative of TutorVista or by the automated processes of TutorVista.
Intellectual Property
All content included on the TutorVista Web site and delivered to subscribers as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of TutorVista, or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of TutorVista, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from TutorVista, or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the TutorVista Web site, not to insert any code or product or manipulate the content of the TutorVista Web site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. TutorVista reserves the right to terminate your membership hereunder if TutorVista, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of content provided to you by us or the copying or other unauthorized use of our proprietary content. The use of the TutorVista service is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence ofany allegedly infringing content on the TutorVista Web site.
The TutorVista logo, TutorVista.com, TutorVista.co.uk, TutorVista.co.in, and TutorVista.in are trademarks or service marks of TutorVista Global Pvt. Ltd. The TutorVista Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of TutorVista. The trademarks, service marks and trade dress of TutorVista may not be used or reproduced without prior written approval from TutorVista and may not be used in connection with any product or service that is not affiliated with TutorVista, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of TutorVista, or in any manner that disparages or discredits TutorVista. Other trademarks that appear on the TutorVista Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TutorVista. Any images of persons or personalities contained on the TutorVista Web site are not an indication or endorsement of TutorVista or any particular product or our service unless otherwise indicated.Membership and Billing
You can find the specific details regarding your subscription with TutorVista at anytime by clicking on the "My Account" link, located at the top of the pages of the TutorVista Web site after you login.
* Free Live Tutoring (Trial)/Free Trial
We encourage the use of our service through free trial. Free trial is only available to first time customers of the TutorVista 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 TutorVista tutor or a customer service representative will chat with you and try to help you out with your questions. At the end of the free trial period, wherever applicable the customer may be automatically enrolled in the monthly subscription. Unless the customer has notified TutorVista that he/she intends to cancel prior to the end of the free trial period.
By using the TutorVista service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, for your use of the TutorVista service. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and. your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method. ( except for Test prep and hourly packages) The billing cycle will depend on the type of plan you have selected to subscribe. For example, if you have bought a three month subscription, you will be billed at the beginning of the subscription and subsequently after that at the same billing cycle. Click on the "View Account information" link on the "My Account" page to see the commencement date for your next renewal period. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Edit Profile" button, available at the top of the pages of the TutorVista Web site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
You may cancel your subscription to TutorVista at anytime, and cancellation will be effective immediately. To cancel, you may get in touch with our Subscription Department on chat by clicking here (available 24x7, 7 days a week).
TutorVista 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 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 TutorVista 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 TutorVista Web site are those of the respective authors or producers and not of TutorVista, ,or its shareholders, directors, officers, or employees. Under no circumstances shall TutorVista, Inc., or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the TutorVista Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the TutorVista Web site.
Use of Information Submitted
TutorVista, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to TutorVista ("Content"), including, without limitation, responses to questionnaires or through postings to the TutorVista 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 TutorVista 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 TutorVista 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 TutorVista. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against TutorVista 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.
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 TutorVista service, you consent to receiving electronic communications from TutorVista. 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 TutorVista and you receive them as part of the TutorVista 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.
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: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the site or the Services; (iii) 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 (vi) 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.
Limitations on Use
You must be 18 years of age or older to subscribe to the TutorVista 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 TutorVista Web site is for your personal and non-commercial use and we grant you a limited license to access the TutorVista 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 TutorVista Web site without our express written consent. TutorVista does not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the TutorVista Web site or its contents will terminate the limited license granted by us.
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 TutorVista Web site may lead to other Web sites that are not controlled by, or affiliated with, TutorVista . In addition, other Web sites may link to the TutorVista Web site. TutorVista 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 TutorVista to respect the intellectual property rights of others. TutorVista 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 TutorVista Web site, or know of someone who is making unauthorized use of the content of the TutorVista Web site, please notify us of your concern by submitting a written notice to us at the following address:
Tutorvista
4, Service Road, Domlur.
Bangalore, Karnataka
India
Attention ; general counsel :
Your notice must be signed and contain the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the TutorVista Web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Our copyright notice email address is copyright@tutorvista.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address. For queries that are not related to copyright matters, please see other ways to [contact us].
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.
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.
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 Karnataka applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Karnataka. 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.