Terms of Use

PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE YOU AGREE TO THE TERMS AND CONDITIONS SET OUT HERE. PLEASE CLOSE THE BROWSER WINDOW IN THE EVENT YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET OUT HEREIN. FOR THE PURPOSES OF THIS TERMS AND CONDITIONS, "WE", "OURS" AND "US" SHALL MEAN THE TUTORCIRCLE.COM WEBSITE AND TUTORS WORLDWIDE. "YOU" AND "YOURS" MEANS A PARENT OR GUARDIAN WHO PAYS FOR ACCESS TO THE SERVICES AS WELL AS THE STUDENT WHO ACCESSES OR USES THE SERVICES. IF SOMEONE ELSE IS PAYING FOR YOUR USE, YOU AGREE TO PRINT THIS DOCUMENT AND HAND IT TO THE PERSON PAYING FOR (OR AUTHORIZING) YOUR TUTORING ACCOUNT.

We reserve the right to make changes to these Terms and Conditions at any time without prior notice. Any such modifications will become effective immediately upon posting to the site and your continued use of the site and services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms as posted on the site. 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 our site. The most current version of the Terms of Use will supersede all previous versions. Your use of our Services or continued use of our service after changes are made means that you agree to be bound by such changes.

PRIVACY POLICY

We are concerned about your and our users privacy while accessing the site and using the Services. Please review our Privacy Policy to understand our practices.

SERVICES

TutorCircle

REGISTRATION OBLIGATIONS

To procure our Services, you are required to be a registered user of our website. Registration includes filling in personal details, payment of applicable fees for the selected Services to obtain an account, username and password. You agree to provide truthful and accurate information during the registration process. You also agree to update any relevant information immediately in the event of any change. 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. It shall be your responsibility to maintain 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).

SCHEDULING

You can book upto 5 (five) sessions in advance at a time. After booking five sessions, the next sessions can be scheduled only after usage of one of the five sessions. We retain the right to change the scheduling at any time.

HOURS OF AVAILABILITY

We provide the Services throughout the day, seven days a week. Tutors are made available round the clock, though you might not always get a tutoring session due to the following reasons:

(1) due to unavailability of tutors for the specific subject at the specific time; or
(2) due to technology problems; or
(3) during a site maintenance.

ACADEMIC QUALITY

We try to adhere to national and local curricula why providing our Services. However we cannot guarantee to adhere to the same at all times while providing the Services. Our tutors are certified to teach in the country and/or the state where they reside.

TECHNOLOGY

We attempt to ensure stability and availability of all technologies used by us, though we cannot 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

We place a cookie (a small text file) on any computer from which you access our site In order to provide you with ease of access to your account. This cookie is destroyed upon the closure of browser or upon logging out of our site.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. You have the option to share your account with other people by providing them your password. However, in the event you decide to share your account with other people, you take full responsibility for their actions. If you are procuring the Services from public or shared computers or unprotected mobile devices, you should log out at the completion of each visit to our site.

Please notify our customer service immediately if you discover that you are victim of identity theft and it involves your account in our site. You should report this instance to all your credit card issuers, as well as your local law enforcement agency. We reserve the right to place any account on hold anytime with or without notification to you in order to protect ourselves and our partners from fraudulent activity.

INTELLECTUAL PROPERTY

COPYRIGHT

You acknowledge that the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the site and the Services (collectively, the "Company Content") are the proprietary works of us and/or our affiliated and/or third party providers and suppliers ("Third Parties") and are protected, without limitation, pursuant to Indian and foreign copyright laws. Except as expressly authorized by us or in these Terms and Conditions, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the site, Company Content or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the Company Content, the site or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not "mirror" any Company Content or the Services on any server. Any unauthorized or prohibited use of the Company Content, the site or the Services may subject the offender to civil liability and criminal prosecution under applicable laws.

TRADEMARKS

The TutorCircle logo and TutorCircle.com are trademarks or service marks of Tutors Worldwide. The site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of TutorCircle. The trademarks, service marks and trade dress of TutorCircle may not be used or reproduced without prior written approval from Tutors Worldwide and may not be used in connection with any product or service that is not affiliated with TutorCircle, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of TutorCircle, or in any manner that disparages or discredits TutorCircle. Other trademarks that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Any images of persons or personalities contained on the site shall not be construed as an endorsement of our site or any particular product or our service unless otherwise indicated.

MEMBERSHIP AND BILLING

You can find the specific details regarding your subscription with us at anytime by clicking on the "My Account" link, located at the top of the pages of our site after you login.

FREE LIVE TUTORING (TRIAL)/FREE TRIAL

Our Services can be evaluated through free trial. Free trial is available only to those customers, who are using our Services for the first time. This trial offer cannot be combined with any other offer. You have the option to redeem only 1 (one) free trial. You must have access to internet to avail of the free trial offer. Upon registering for free trial, our tutor or a customer service representative will chat with you and try to help you out with your queries and problems. At the end of the free trial period, wherever applicable you may be automatically enrolled in the monthly subscription unless you have notified us of your intention to cancel prior to the end of the free trial period.

ONE TIME TRIAL OFFER

We also offer our customers a one time trial offer wherein they can use our Services at a discounted price. Only first time customers are eligible for this discount offer and it cannot be used by existing customers or old customers who have used our Services in the past.

Abuse Penalty : We reserve the right to charge a penalty if an existing customer or old customer who has procured our Services in the past takes this offer.

Cancellation and Refund

Customer satisfaction is our top priority and we will do everything possible to make sure you are satisfied. Please email your refund request to cs@tutorcircle.com or call us at 1-(888)-259-6340. Refunds will be processed on a prorated basis.

Mails for refunds will be processed within 48hrs.

PRICING

We reserve the right to change prices without advance notice and to offer promotions periodically to certain group of customers and which is not available to all customers. Prices will not increase 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 reserve the right to display and promote the content or other information on our site to you in any manner we choose in our sole and absolute discretion. In addition, our 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 our site are those of the respective authors or producers and shall not be construed as ours ,or our shareholders, directors, officers, or employees. Under no circumstances shall Tutors Worldwide or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through our site. It is your responsibility to evaluate the information, opinion, advice, or other content available through our site.

USE OF INFORMATION SUBMITTED

We are free to use any material contained in any communication you may send to us including but not limited comments, information, ideas, concepts, reviews, or techniques or ("Content"), including, without limitation, responses to questionnaires or through postings our 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 our site or other websites. 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.

SERVICE TESTING

From time to time, we test various aspects of our Services, 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 our Services, you consent to receiving electronic communications from us. 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 Services, such as featured content or other announcements, or offerings. These communications are part of your relationship with us and you receive them as part of the subscription. You accept 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

The site may be accessed and the Company Content and the Services may be used for lawful purposes only. 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:

(1) interfere with the ability of others to access or use the Services;
(2) 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;
(3) 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
(4) 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, 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 (eighteen) years of age or older to subscribe to our Service. While individuals under the age of 18 (eighteen) may utilize the Services, they may do so only with the involvement of a parent or legal guardian. The content on our Web site is for your personal and non-commercial use and we grant you a limited license to access our 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, our site without our express written consent. Any unauthorized use of our 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 our site may lead to other websites that are not controlled by, or affiliated with us. In addition, other Web sites may link to our site. We have not reviewed these Websites and are not responsible for the content or privacy policies of these websites.

DISCLAIMER OF WARRANTY; LIMITATIONS

The content, site, the Services and each portion thereof ("Information") made available in our site are provided "AS IS" without warranties of any kind. We expressly disclaim any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. We shall have absolutely no liability in connection with the Services. SB shall have no liability for:

(1) Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
(2) Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
(3) Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.

We make no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. We make no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, "we" shall include TutorCircle.com, Tutors Worldwide and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

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 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 and Conditions. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defence and in asserting any available defences.

MODIFICATIONS TO THE SERVICE

We may add, change or eliminate features, pricing and other aspects of the Services at our discretion and make other changes at any time and these Terms will continue to apply to the modified Services. 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

The Terms and Conditions set out here 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 and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining Terms and Conditions shall not in any way be affected or impaired thereby. These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of India applicable to contracts executed and performed entirely therein, and the courts in Bangalore shall have exclusive jurisdiction. 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 creating a joint venture, partnership, or employment relationship between the parties nor shall either party have the right, power, or authority to create any obligation or duty, express implied, on behalf of the other.

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