Terms And Conditions
of Access or Use
Introduction
Tutorray provides online courses and conducts online classes, live demo, for students seeking to enroll for such courses (the "Services"), which Services are accessible at www. Tutorray.com and any other websites through which Tutorray makes Services available and as applications for mobile, tablet and other smart devices and application program interfaces ("Applications").
By accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services ("Terms of Services" or "Terms"), whether or not you have registered with the Site and/or Application.
Therefore, please read these Terms of service before accessing or using the Site, Application or Services or downloading or posting any content from or on the Site, via the Application or through the Services, carefully as they contain important information regarding your legal rights, remedies and obligations.
If you do not agree to these Terms, then you have no right to access or use the Site, Application, Services, or Collective Content (as defined below).
If you are using the Site, Application or Services then these Terms of Service are binding between you and Tutorray.
Definition
In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in this Agreement shall have the meanings as ascribed hereunder:
"Courses"
means educational courses listed on the Site or Application.
"Course Fees"
means amounts that are due and payable by a student for enrollment of Course.
"Collective Content"
means Member Content and Tutorray Content.
"Content"
means text, graphics, images, music, software (excluding Application), audio, video, information or other materials.
"Listing"
means Courses that are listed by Tutorray as available via the Site, Application, and Services.
"Member"
means a person, who completes Tutorray's account registration process, including but not limited to Teachers and Students, as described under "Account Registration" in Clause 7 below.
"Member Content"
means all Content that a member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Tutorray promotional campaign to be made available through the Site, Application, or Services.
"Payment Method"
means a payment method that you have added to your Tutorray Account, such as a credit card, debit card or net banking.
"Student"
means a member who enrolls for Courses on the Application or Site, in the case of a minor student parent or guardian who enroll their child or ward for Courses on the Application or Site.
"Tax" or "Taxes"
mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that Tutorray may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
"Teacher"
means a Member who has been selected by Tutorray in order to provide services through the Site or Application.
"Tutorray Content"
means all Content that Tutorray makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student Content.
Terms of Service
By using the Site, Applications or Services, you agree to comply with and be legally bound by terms and conditions of these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined above), and constitute a binding legal agreement between you and Tutorray. The user further accepts to allow Tutorray to reach them through call for providing existing services and for providing information on new products and services and will not be subject to DND regulations for such calls.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal liabilities.
The Site, Application and Services comprise an online platform which creates Courses and Students may learn about and enroll for courses directly through the Site and Application.
You acknowledge and agree that, by accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site or via the Application, you are indicating that you have read, and that you understand and agree to be bound by these Terms and receive our Services, whether or not you have registered with the Site and Application. If you do not agree to these terms, then you have no right to access or use the Site, Application, Services, or Collective Content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
GDPR COMPLIANCE STATEMENT
Consent
We explain what you're consenting to clearly and without 'legalese', and ask that you explicitly consent to contact from us.
Breach Notification
In the event of a breach, we will notify affected users within 72 hours of the first having become aware of the breach.
Right to Access
Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, in an electronic format.
Right to be Forgotten
Once we have compared your (the subjects') rights to "the public interest in the availability of data", we may delete your personal data where you have requested this.
Data Portability
We allow you to receive the personal data concerning you, which we will provide in a 'commonly used and machine-readable format' and you have the right to transmit that data to another 'controller'.
Privacy by Design
We implement appropriate technical and organizational measures, in an effective way and protect the rights of data subjects'. We hold and process only the data absolutely necessary for the completion of our duties (data minimization), as well as limiting access to personal data to those needing to act out the processing.
Usage of Site, Application or Services
The Site, Application and Services can be used to facilitate the students to enroll for Courses. Application and Services by Tutorray. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to enroll for Courses, you must first register to create a Tutorray Account (defined below).
Tutorray makes available an online platform which provides various online Courses for Students. Unless explicitly specified otherwise in the Tutorray platform, Tutorray's responsibilities are limited to facilitating the availability of Courses through the Site, Application and Services.
Account Registration
Registration Process
In order to access certain features of the Site and Application, and to enroll for Courses, you must register to create an account ("Tutorray Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. A Teacher is also registered and an account ("Tutorray Account") created once selected by Tutorray for providing services through the Site or Application.
Account Information
Your Tutorray Account and your Tutorray Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Tutorray Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Tutorray reserves the right to suspend or terminate your Tutorray Account and your access to the Site, Application and Services if you create more than one (1) Tutorray Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
Password Security
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Tutorray Account, whether or not you have authorized such activities or actions. You will immediately notify Tutorray of any unauthorized use of your Tutorray Account.
Course Listings
Tutorray will create a Listing of various online Courses and details about the Course, including, but not limited to, subject, topic, number of sessions, mode of conduct, and time slots of lectures and pricing and related rules and financial terms will be listed on the Site and Application. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Student's preferences, ratings.
Students will be able to view Courses via the Site, Application and Services based upon information provided in the Listing, Student's requirements, and Students' search parameters and preferences.
Please note that Tutorray assumes no responsibility for a student's compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. Tutorray reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that Tutorray, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Tutorray's then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
When you enroll for a Course, you will also be required to upload certain information, such as, uploading a profile picture or verifying phone number. Any Member wishing to enroll for any of the Courses must meet these requirements.
Payment Terms
Enrollment Process
If an enrollment is requested for any Course via the Site, Application or Services, We will either pre-approve, confirm or reject the enrollment request within a period of 30 days from the date of request for enrollment ('Enrollment Request Period'), otherwise the enrollment request will automatically expire. If We are unable to confirm or decide to reject an enrollment request within the Enrollment Request Period, any amounts collected by Tutorray for the requested enrollment will be refunded to the concerned Student. When We confirm an enrollment requested by a Student, Tutorray will send the student an email, text message or message via e-mail and Application confirming such enrollment, depending on the selections you make via the Site, Application and Services.
Course Fees
The Course Fees payable will be displayed to the Student before the Student sends an enrollment request to Tutorray. Upon receipt of the Student's enrollment request, Tutorray may initiate a pre-authorization and/or charge a nominal amount to the Student's Payment Method pursuant to the Payments Terms. If a requested enrollment is cancelled (before any tuitions are provided), any amounts collected by Tutorray will be refunded to such Student, depending on the selections the Student makes via the Site and Application, and any pre-authorization of the Student's Payment Method will be released, if applicable.
No Refund Policy
Tutorray agrees that no refund will be permitted once a Course has been purchased by a Student.
User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services, or Collective Content. In connection with your use of the Site, Application, Services, or Collective Content, you may not and you agree that you will not:
- Violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations
- Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services, or Collective Content
- Use the Site, Application, Services, or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms
- Copy, store, or otherwise access or use any information contained on the Site, Application, Services, or Collective Content for purposes not expressly permitted by these Terms
- Interfere with or damage our Site, Application, Services, including, without limitation, through use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology
- Register for more than one Tutorray Account or register for a Tutorray Account on behalf of an individual other than yourself, except in the case where a parent is registering the account for its child or guardian for its ward
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity
- Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Application, Services, or Collective Content, your enrollment of any Course via the Site, Application, and Services, and any contact you have with other users of the Site, Application, or Services whether in person or online remains with you. Neither Tutorray nor any other party involved in creating, producing, or delivering the Site, Application, Services, or Collective Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Site, Application, Services, or Collective Content, and in connection with any Course or interactions with any other Members, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Tutorray has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Governing Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. You and we agree to submit any dispute arising under these Terms to the personal jurisdiction of a court located in Hyderabad for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.