C. The Terms comprise of the following parts:
- (i) Part I – General
This part sets out the general terms and conditions which will be applicable to the use of the Services through the Platforms.
- (ii) Part II – Tutor Terms and Conditions
- (iii) Part III – Student Terms and Conditions
D. Order of Precedence
In the event of any inconsistency or contradiction between the provisions of:
- (a) Part I and Part II of the Terms, Part II of the Terms shall prevail in so for as such inconsistency or contradiction is concerned;
- (b) Part I and Part III of the Terms, Part III of the Terms shall prevail in so for as such inconsistency or contradiction is concerned; and
- (c) the Terms and the Refund Policy in respect of matters relating to refund of any monies, the Refund Policy shall prevail in so for as such inconsistency or contradiction is concerned.
Part I - General
This Part I of the Terms applies to:
- (a) An individual seeking to provide tutoring services through the Platforms and the Services ("Tutor"); and
- (b) An individual or his/her legal guardian (in case such individual is below the age of 18 years) desirous of availing tutoring services from any Tutor through the Platforms and the use of Services ("Student").
- (a) and (b) together as "Users".
This Part I of the Terms applies to services offered to the Users by TNL though the Platforms as follows ("Services"):
- (a) For the Tutors: (i) Listing of Tutors and their profiles which will be made available to the Students for the purpose of the Students to choose the Tutors for providing tutoring services; (ii) Providing facility to create, register and maintain a profile for each Tutor to track and manage the provisioning of tutoring services by the Tutors to the Students; and (iii) Payments to the Tutors in accordance with the Terms.
- (b) For the Students: (i) Search facility for Students to search for Tutors by name, subject, curriculum and geographical area, or any other criteria that may be developed and made available by TNL through the Platforms; (ii) Providing facility to create, register and maintain a profile for the Students to book and pay TNL for tutoring sessions (online/ offline and individual/ group) from the Tutors selected by the Students who are registered with TNL; (iii) Dashboard facility for Students wherein all activities in relation to availing the tutoring services, including but not limited to, scheduling sessions, reviewing the Student-Tutor calendar, checking/ topping up the account balance, etc. can be performed; and (iii) Providing exclusive chatbot services to the Students for interacting with the Tutors.
The Users agree and acknowledge that the Services are subject to change from time to time, at the sole discretion of TNL. Any such change shall be intimated by TNL to the Users through the Platforms or otherwise. Any continued use of the Services by the User through the Platforms shall be deemed to be acceptance by the Users of any such change in the Services.
In the event of any questions on any aspect of these Terms, any User can seek clarifications by sending an email to email@example.com. Users are also advised to peruse the FAQ section of the Platform which contains clarifications to frequently asked questions in respect of the use of the Services through the Platforms.
Conditions of Use
By registering with TNL, every User represents and warrants to TNL that the User satisfies and will continue to satisfy the following for as long as the User maintains its registration with TNL:
- (a) The User is not below 18 years of age. In the event that any User is below the age of 18 years, then such User can register with TNL and avail the Service only through such User's legal guardians; which legal guardians will have to consent to these Terms on behalf of such Users;
- (b) The User has and will at all times comply with all laws and regulations;
- (c) Neither the User, nor anyone at the specific location at which the tutoring services will be provided in case of offline sessions, is or has been subject to any legal action that involves endangering the safety of others; and
The User agrees and acknowledges that TNL has allowed the User to register with TNL and avail the Services through the Platforms relying upon the above representations and warranties. The User further agrees that TNL may take such action as it, in its sole discretion, deems appropriate, including without limitation, suspending and/or terminating the User's registration and access to the Platforms, should TNL determine that the User has violated any representation or warranty. TNL may, but shall not be responsible for, verifying the genuineness of the above representations and warranties. For this purpose, the User agrees and acknowledges that TNL shall have the right to reasonably request documents to be provided by the User to TNL for the purpose of TNL to verify the validity of such representation or warranty, which documents shall be provided by the User.
With a view to provide the Students with the best of options for quality education, TNL requires a prospective tutor to fill the registration/ application form available on the Platforms and upload their resume, documents evidencing educational qualification/ credentials and other documents as required; and submit the same for approval. As part of the selection process, TNL shortlists the Tutor from the list of prospective tutors based on the registration/ application forms submitted by them; and pursuant to personal interviews (conducted offline or online), approves and empanels them with TNL for them to be listed on the Platforms.
The Platform shall remain functional at all times during each calendar day, except during maintenance periods previously intimated by TNL or during extraordinary circumstances. TNL shall endeavor to provide responses to emails sent by the Users to the TapnLeap team within 24 (twenty four) hours of receipt of such emails.
Every User is expected to adhere to the schedule set up for each tutoring session without any unwarranted or unreasonable absence or delays. TNL shall not be held liable for the unavailability of Tutors on national and/or religious holidays observed in India and the relevant State. The Tutor is expected to take reasonable precautions to avoid unwarranted cancellations/ rescheduling of booked sessions. However, TNL disclaims all liability in the event the unavailability of a Tutor is due to personal reasons as TNL does not guarantee any minimum numbers of tutoring sessions.
In the event there is any disagreement between the Tutor and the Student with respect to the beginning and/or closure of a session, the same shall be reported to TNL by the Student via an email to firstname.lastname@example.org and/or by the Tutor via an email to email@example.com, within 4 (four) hours of the closure of the session. TNL reserves the right to decide on such matters of disagreement and the decision of TNL shall be final and binding on the Student and the Tutor.
TNL collects and displays relevant information regarding the profile and practice of the Tutors listed on the Platforms, such as their qualifications, subjects, location, availability/ teaching hours, price per hour and similar details. TNL takes reasonable efforts to ensure that such information is updated at frequent intervals. Although TNL scrutinizes the information submitted by the Tutors, TNL shall not be liable to the Students or to any other person relying on such information for any inaccuracies represented in the information so provided or displayed on the Platforms.
TNL does not provide or make any representation, warranty or guarantee, express or implied, in respect of the information available on the Platforms in respect of the Users. TNL does not guarantee the accuracy or completeness of any content or information provided by the Users. TNL disclaims all liability arising out of the User's use or reliance upon the information available on the Platforms, the representations and warranties made by other Users, or any opinion or suggestion given or expressed by TNL or any User on the Platforms. For the avoidance of doubt, it is hereby clarified that TNL shall have no liability to any User in respect of any information displayed or available on the Platforms.
The Platforms may provide access to external platforms/ applications as a medium of communication with respect to providing online tutoring sessions. Each User agrees and acknowledges that TNL has no control over, and is not liable or responsible for, the content, accuracy, validity, reliability or quality of such external platforms/ applications made available by/through the Platforms. Inclusion of any third party link on the Platforms does not imply that TNL endorses the linked platforms/ applications. The User shall use such external platforms/ applications at the User's own risk.
A User, at its discretion, may advertise their intent to take up new tutoring sessions or the details of their forthcoming sessions on the Platforms. However, the advertisements are subject to a screening process by TNL. The User is required to send such advertisements to TNL via email to firstname.lastname@example.org with subject of the email as "Advertisement – Teacher <ID no.>". TNL reserves the right to, at its sole discretion, review the advertisement and if deemed appropriate, include the same (with such edits, if any) in the advertisements column on the Platforms. It is to be noted that these advertisements shall only be pertaining to the Tutor's new classes, which the prospective students of TNL may enroll in, if interested. These advertisements shall not be separately charged.
TNL does not warrant, in any manner whatsoever, that the Platforms or any other software utilized by TNL for the purpose of providing the Services will, at all times, remain free from any harmful components and operational hazards such as any virus, worms, trojans and other malware that might be a threat to the use of the Platforms by the Users.
TNL shall endeavor to keep the Platforms secured against any possible bugs, viruses or other technical problems in compliance with the standard industry practices. TNL shall undertake reasonable operational, technical and organizational measures necessary to protect the User related information against accidental or unlawful destruction, alteration, unauthorized disclosure or access in accordance with applicable laws.
TNL assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect the User's equipment/ gadget on account of the User's access to or use of the Platforms or the downloading of any material, data, text, images, video content, or audio content from the Platforms. If a User encounters any issues arising out of the access to or use of the Platforms, the User is required to send an email to email@example.com and TNL shall endeavor to resolve the issues raised.
General Guidelines for the Users
TNL reserves the right to change, update or modify these Terms, in whole or in part, without prior notice to the User, provided however, that a notification of such change, updation or modification will be made available on the Platforms. Every User is advised to keep themselves updated with such notifications. The User's uninterrupted and continued usage of the Services offered by TNL shall be deemed as acknowledgment and acceptance of the changes, updates or modifications to these Terms.
The User is responsible for maintaining the confidentiality of the User's profile access information and password in respect of the Platforms. The User shall be responsible for all usage of the User's profile on the Platforms, whether or not authorized by the User. The User shall immediately notify TNL of any actual or suspected unauthorized use of the User's profile on the Platforms. Although TNL will not be liable for the User's losses caused by any unauthorized use of the User's profile on the Platforms, the User shall be liable for the losses of TNL due to any unauthorized use of the User's profile on the Platforms.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or TNL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TNL has the right to discontinue the Services to the User at its sole discretion and take all other actions as TNL may, in its sole discretion, deem necessary.
The User hereby irrevocably and unequivocally authorizes TNL to utilize User related information for the purposes set out below:
- (a) providing and maintaining the Services in accordance with these Terms;
- (b) disclosing User related information to its directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need-to-know-basis for and in relation to provision of the Services;
- (c) notifying the User of any change in the Services; and
- (d) monitoring the Services and detecting, preventing and addressing technical errors/ problems in relation to providing and/or availing the Services.
The User is accountable for all the content uploaded or conveyed through the use of the Platforms by the User. The User hereby understands and agrees not to upload or otherwise convey any content that is unfavorable, derogatory, unpleasant, or otherwise objectionable to TNL or the other Users registered with TNL or not in compliance with applicable law. The User further agrees not to upload programs and files containing any computer viruses/ code, hindering or having the potential to hinder the operations of any computer software/ hardware. TNL reserves the right to edit or remove any content that violates these Terms. TNL shall at all times be indemnified and held harmless by the relevant User in respect of any loss, damage or claim arising from or in connection with or relating to any non-compliance by such User of the obligations or restrictions set out in this paragraph.
The User agrees to, at all times, avail Services and provide/ receive the tutoring services through the Platforms in accordance with applicable laws. Any use of the Platforms that TNL, in its sole discretion, finds inappropriate may result in suspension and/or termination of the User registration with TNL. The User would also be liable and responsible to keep TNL indemnified and held harmless against any loss/ damages, threatened, suffered or incurred by TNL due to the User's breach of any applicable law. The User agrees and acknowledges that TNL shall, in no event whatsoever, be liable for any loss, claim or damage to any User, monetary or otherwise, be liable for any act or omission of an User in the course of availing the Services, accessing and using the Platforms and/or performing the tutoring sessions, and TNL shall at all times be indemnified and held harmless by the relevant User in respect of the above.
Rights of TNL
TNL, at all times, reserves the right to reject or disable access to the Services for a User in the event of the User's violation of any applicable law or the Terms, including but not limited to, in relation to the safe and secure operation of the Platforms.
TNL has the right to modify, suspend or terminate all or part of the Services including its features, structure and layout, and/or suspend or deactivate, whether temporarily or permanently, the User's access to the Platforms, at any time, without prior notice to the User. However, TNL would ensure the payment of all outstanding dues to the Tutors prior to such termination/ deactivation (as the case may be) and the Students shall be provided with a reasonable period of time to claim refund of any outstanding amount in accordance with the Refund Policy.
TNL shall endeavor to provide the Users an advance notice of any suspension or deactivation of the Platforms for the purposes of repair/ maintenance, any inspection or testing by a government authority, upgradation, testing or any other reason as TNL may deem fit.
"Intellectual Property" means and includes the contents on the Platforms, including but not limited to, text, graphics, images, logos, trademark, flowcharts, drawings and other confidential and proprietary information, data, documents, instruction manuals, records, memoranda, notes, ideas, concepts, materials, music, software code, design and the collection, arrangement and assembly of the content on the Platforms, each of which is not in the public domain or would by its very nature not fall within public domain.
TNL reserves the right to initiate appropriate legal proceedings against any User for infringement of its Intellectual Property, in accordance with applicable law. The User acknowledges and agrees that the User related information shall be commercially exploited and used by TNL for the purposes specified in these Terms.
Limitation of Liability
The User understands and acknowledges that the User assumes certain risks prior to interacting with other Users on and through the Platforms, which shall be at the sole risk of the User. The User shall be solely responsible for such User's personal assessment of specific requirements with regard to interaction with other Users. It is the User's sole responsibility to conduct reference checks regarding other Users and making an informed decision to interact through the Platforms.
TNL does not warrant that the tutoring sessions or the results obtained from the use of the tutoring sessions will meet the User's expectations or requirements and TNL shall not be held liable for the same. The User agrees and acknowledges that TNL only provides access to the Platforms and the Services as a facilitator for its registered Tutors and Students, thereby providing a medium to interact, schedule and undertake tutoring sessions, and accordingly, TNL shall not, in any manner whatsoever, be responsible for or be held liable for any loss, damage or claim arising from or in relation to or as a consequence of any act or omission of any User, including but not limited to, any deficiency in the quality of the tutoring sessions.
TNL expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content on the Platforms made available to TNL by any User.
TNL does not have the obligation to physically meet, conduct background checks or police verification of the Users. TNL accepts User related information in good faith and shall not be held responsible with regard to the bona fides of the Users and/or the genuineness of any information displayed on the Platforms or provided by TNL in respect of the Users. However, TNL reserves the right to conduct such background checks or police verifications, at its sole discretion, as and when TNL deems appropriate. Further, it is advisable for the Users to exchange their ID documents with each other if required so.
TNL shall not be held liable or responsible for indemnifying, refunding or reimbursing any User for any loss, damages or expenses suffered or incurred by such User as a consequence of the suspension or termination of the Services provided by TNL.
TNL shall not be liable for any third party fees, costs, charges or expenses incurred by the User for accessing the Platforms or availing the Services or in relation to conducting any other tutoring sessions outside the scope of the Services. TNL shall not be liable in respect of any disputes or legal proceedings between the User and such third parties for any reason whatsoever and any such disputes or proceedings shall be resolved outside the Platforms without any reference or recourse to TNL, at the sole risk of the Users.
TNL shall not be liable for the non-performance or defective or late performance of any of the Services or any of its obligations under these Terms to such extent and for such period of time if such non-performance, defective performance or late performance is due to acts of God, war (declared or undeclared), civil insurrection or unrest, acts (including failure to act) of any governmental authority, order/ directives issued by any court/ tribunal/ body of competent jurisdiction, riots, revolutions, fire, floods, strikes, pandemics, lock-outs or industrial action.
- (a) breach of any terms of these Terms by any User;
- (b) violation of any rights of another User;
- (c) disputes with or between other Users or between Users and third parties;
- (d) use and/or misuse of the Platforms, including without limitation, in relation to any information, content and/or materials displayed on the Platforms or provided by the Users;
- (e) inaccurate, untimely, incomplete or misleading User related information, including without limitation, with respect to registration, profile or eligibility;
- (f) quantity/ volume of any tutoring sessions;
- (g) communication and feedback shared between the Tutor and the Student;
- (h) any conduct of any User in the course of providing any tutoring sessions or otherwise in the course of use or access of the Platforms; and
- (i) claims made by any government authority or any other User due to any User's violation of applicable laws.
Waiver and Severability
No failure or delay on the part of TNL in exercising any right/ remedy shall operate as a waiver of such right/ remedy. Further, no waiver by TNL of any term or condition contained under these Terms, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of these Terms on any future occasion.
Governing Law And Jurisdiction
Any action, claim, dispute or difference arising out of or in connection with these Terms, including any question regarding its existence, validity or termination ("Dispute") shall be governed by and construed in accordance with the laws of India and the courts in New Delhi shall have exclusive jurisdiction over the Disputes. Notwithstanding anything contained herein, TNL shall not be restricted or withheld from instituting proceedings in courts/ tribunals of any jurisdiction other than New Delhi that it may, in its sole discretion, deem appropriate and convenient.