Terms & conditions

The following terms and conditions govern all use of theASTHANA IN HOUSE SHIKSHAKUL website and all content, services and products available at or through the website, including, but not limited to, listings or advertisements of self-employed tutors (“Tutors” or “Tutor”), listings or advertisements of Tutor-run group tutorials (“Group Tutorials” or “Group Tutorial”), and the premium service for presenting potential Tutor or Group Tutorial options to a user (“Premium Service”) (taken together, the “Website”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation,ASTHANA IN HOUSE SHIKSHAKUL’s Privacy Policy as stated at the bottom of this document) and procedures that may be published from time to time on this Site byASTHANA IN HOUSE SHIKSHAKUL (collectively, the “Agreement”). Your agreement is withASTHANA IN HOUSE SHIKSHAKUL Limited (a limited liability company incorporated in New Zealand) (“Tutorly” or “we”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer byASTHANA IN HOUSE SHIKSHAKUL, acceptance is expressly limited to these terms.

1. General conditions.

a. Tutorly exists as a service to aid students, their parents or other visitors to the Website (“Student” or “Students”) in making contact with Tutors. Each Tutor is self-employed. Students accept that any agreement or contract made with a Tutor for tuition services (“Tuition Arrangement”) is with the Tutor and not withASTHANA IN HOUSE SHIKSHAKUL. It is the responsibility of the Student and the Tutor to come to mutual agreement as to the terms of the Tuition Arrangement before undertaking the first lesson, e.g. time, location and duration.

b. Use of the Website is entirely at your own risk. You accept thatASTHANA IN HOUSE SHIKSHAKUL is not responsible or liable for any harm or damage that may occur as a result (although we of course aim to minimise any such risk). It is strongly recommended that both Students and Tutors familiarise themselves withASTHANA IN HOUSE SHIKSHAKUL’s safety recommendations before commencing a Tuition Arrangement.

c. All users and visitors to the Website agree not to promote an external business, product or service to any user or visitor of the Website without the express permission ofASTHANA IN HOUSE SHIKSHAKUL.

d. Any material or links you enter on the Website, or otherwise make (or allow any third party to make) available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your Content does not violate these terms.

e. By submitting Content toASTHANA IN HOUSE SHIKSHAKUL for inclusion on the Website, you grantASTHANA IN HOUSE SHIKSHAKUL a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting Tutors, Group Tutorials andASTHANA IN HOUSE SHIKSHAKUL in general.

f. If you delete Content,ASTHANA IN HOUSE SHIKSHAKUL will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

g. When you communicate with other users via the Website or otherwise use the functions of the Website, you may submit to us various material, such as the text of any comments and messages submitted by you via the Website (“User Content”). When we receive User Content from you, we may check whether it complies with these Terms. We may reject your User Content for any of the following reasons:

i. If it causes you to breach these Terms including any of your promises as set out in these Terms;

ii. For any other reason in our reasonable discretion.

h. Without limiting any of the representations or warranties herein,ASTHANA IN HOUSE SHIKSHAKUL has the right (though not the obligation) to, inASTHANA IN HOUSE SHIKSHAKUL’s sole discretion:

i. Refuse or remove any content that, inASTHANA IN HOUSE SHIKSHAKUL’s reasonable opinion, violates anyASTHANA IN HOUSE SHIKSHAKUL policy or is in any way harmful or objectionable; or

ii. Terminate or deny access to and use of the Website to any individual or entity for any reason, inASTHANA IN HOUSE SHIKSHAKUL’s sole discretion.ASTHANA IN HOUSE SHIKSHAKUL will have no obligation to provide a refund of any amounts previously paid.

i. Tutorly has not reviewed, and cannot review, all of the material posted to the Website (for example, Tutor profiles or Group Tutorial listings), and cannot therefore be responsible for that material’s content, use or effects. By operating the Website,ASTHANA IN HOUSE SHIKSHAKUL does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate.

2. Conditions particularly relevant to students and parents.

a. When contacting a potential Tutor (or using the Premium Service) through the Website, you will be required to submit information in relation to yourself (or the student on whose behalf you are acting), for example your email address, your tuition requirements, etc. In doing so, you agree for this information to be shared with the potential Tutor andASTHANA IN HOUSE SHIKSHAKUL.

b. Tutorly provides an electronic payment facility (“Payment Facility”) to enable Students to easily pay, rate and review Tutors. When you contact a Tutor through the Website, you agree that, in the event that you commence a Tuition Arrangement with the Tutor, you will only pay your Tutor through our Payment Facility (payable invoices will be emailed to you by your Tutor). For the avoidance of doubt, this means you agree not to pay your Tutor using cash, cheque or any other form of money transfer aside from the Payment Facility.

c. Tutorly adds a service fee to each invoice processed through the Payment Facility. The service fee will be advertised near any advertised Tutor or Group Tutorial price or rate, and will be clearly itemised on each invoice you receive.ASTHANA IN HOUSE SHIKSHAKUL’s continued existence relies on this service fee, hence why use of the Payment Facility is important to us.

d. Refunds are administered by the Tutor, notASTHANA IN HOUSE SHIKSHAKUL. Your first point of contact regarding a refund is your Tutor. It is strongly recommended to obtain a Tutor’s cancellation policy in writing before entering into a Tuition Arrangement, as clear communication usually avoids any disputes. If you have a dispute with a Tutor, please see the Disputes section.

i. An example cancellation policy that a Tutor may use is as follows: if a lesson is cancelled at least 12 hours before the scheduled start time, there will be no charge. If cancelled within 12 hours, 50% of the scheduled lesson time may be charged; if cancelled within 1 hour of the start time (or a student fails to show), 100% of the scheduled lesson time may be charged. If a student is late to a lesson, charge may be made from the scheduled start time.

3. First Lesson Guarantee.

a. Tutorly requires Tutors to guarantee that their first lesson with a Student, if not satisfactory to the Student, will be free of charge (“First Lesson Guarantee”). If you have pre-paid for the first lesson, the Tutor will refund you upon request.

b. Failure of the Tutor to honour the First Lesson Guarantee will lead to suspension of the Tutor from the Website. If you believe a Tutor is in breach of this policy, please raise this with them in the first instance; if this does not resolve the situation, please contactASTHANA IN HOUSE SHIKSHAKUL.

4. Premium Service.

a. For time-pressed parents and students,ASTHANA IN HOUSE SHIKSHAKUL offers a “Premium Service” for finding and suggesting potential Tutor or Group Tutorial options. Using the information you provide,ASTHANA IN HOUSE SHIKSHAKUL will contact and communicate with selected Tutors to ascertain their availability and suitability on your behalf. Ideally, one to two potential Tutors will be presented as options to the enquiring Student. It is then up to the Student and the Tutor to decide whether or not to undertake a Tuition Arrangement, as per the conditions herein.

b. Upon the undertaking of a Tuition Arrangement with a Tutor that we have presented to you, you will be invoiced a service fee. The service fee will be clearly advertised before you use the Premium Service.

c. No service fee will be invoiced if you do not commence a Tuition Agreement with any of the presented Tutors (i.e., you do not like any of the Tutors presented). In addition, if you do not feel satisfied with the presented Tutor after beginning a Tuition Arrangement, you are not obligated to pay the service fee for the Premium Service.

5. Conditions particularly relevant to tutors.

a. Tutorly promotes a “First Lesson Guarantee” policy to potential Students. You agree to incorporate this policy as part of your Tuition Agreement with every Student, namely the guarantee that, if for any reason the Student is dissatisfied with your first lesson, you will not charge them for it (and will provide a full refund if the lesson was paid for in advance). This policy is designed to promote you to potential Students, and from experience, is seldom invoked. Failure to honour the First Lesson Guarantee policy will lead to suspension from the Website.

b. You should aim to reply to enquiries made by potential Students within 24 hours of receipt, whether or not you are available to enter into a Tuition Arrangement.

c. You agree to only receive payment from Students throughASTHANA IN HOUSE SHIKSHAKUL’s Payment Facility in the event that you commence a Tuition Arrangement with a Student that has contacted you through the Website. For the avoidance of doubt, this means you agree not to accept payment in the form of cash, cheque or any other form of money transfer other than through the Payment Facility.

d. The Payment Facility uses PayPal to process payments. Tutors are responsible for paying all transaction fees for each transaction, i.e. those charged by PayPal (see PayPal for current transaction fee rates). PayPal will automatically deduct their transaction fees from the payments you receive through the Payment Facility.

e. Tutorly adds a service fee to each payment processed through the Payment Facility. This service fee is payable by the Student, i.e. it is added byASTHANA IN HOUSE SHIKSHAKUL to the subtotal of the invoice you send.ASTHANA IN HOUSE SHIKSHAKUL’s revenue relies on this service fee, hence why use of the Payment Facility is important to us. The service fee will automatically be transferred from your PayPal account toASTHANA IN HOUSE SHIKSHAKUL, and you agree for this to occur. Not receiving payment from your Student throughASTHANA IN HOUSE SHIKSHAKUL’s Payment Facility may lead to your suspension from the Website.

f. You are required to be able to provide evidence of any claimed qualification(s) or background check(s) if requested by a Student during or prior to a Tuition Arrangement.

g. The requirement for a background check for individuals offering tuition varies from country to country, and is sometimes compulsory; it is strongly recommended that you ascertain from your local government what your legal responsibilities are in this regard. You agree that you will comply with all such relevant legal responsibilities when using the Website.

h. The Website aims to promote and favour Tutors that are actively receiving ratings, reviews or hours from Students, as well as tuition enquiries from potential Students. Ratings, reviews and hours can only be received from Students when payment is made through the Payment Facility.ASTHANA IN HOUSE SHIKSHAKUL reserves the right to deactivate your account where we deem you not to be receiving sufficient tuition enquiries from potential Students, or when you have not obtained sufficient ratings, reviews or hours through the Payment Facility over a period of several weeks. Deactivation is exercised atASTHANA IN HOUSE SHIKSHAKUL’s discretion, and equates to your profile no longer being publicly viewable on the Website.

i. If you feel that a Student review is unfairly impacting your reputation, you may contactASTHANA IN HOUSE SHIKSHAKUL to ask for the review to be examined.ASTHANA IN HOUSE SHIKSHAKUL reserves the right to remove or edit hours, ratings, reviews and responses as it deems fit.

j. If we have reason to believe that you are engaged in a Tuition Arrangement that was facilitated by the Website, but are not using the Payment Facility for Student payments, we are likely to deactivate your account.

k. If your account has been deactivated, you will be notified accordingly when you next login (for clarity, your account is not deleted when it is deactivated). If you disagree with the deactivation of your account, please contactASTHANA IN HOUSE SHIKSHAKUL, and we will endeavour to resolve the situation ASAP.

l. Tutors set their own rate (hourly or otherwise) for the services they are advertising, subject to any minimum amount allowed byASTHANA IN HOUSE SHIKSHAKUL. Rates must be a whole number, and inclusive of any applicable tax that you are liable for, so that Tutor prices can easily be compared by users of the Website. If you feel that an additional fee is required, for example a travel fee, this may be discussed with the potential Student and your hourly rate modified accordingly.

m. You are permitted to offer discounts to Students as you see fit (i.e. amend the hourly rate you invoice a particular Student at). You are also permitted to offer free tuition, e.g. charity work; simply do not raise an invoice for these lessons.ASTHANA IN HOUSE SHIKSHAKUL reserves the right to specify a minimum invoice amount.

n. Tutors are responsible for setting their own cancellation and refund policies (notwithstanding the First Lesson Guarantee), and for issuing refunds to Students. It is strongly recommended to provide your refund and cancellation policy to a Student in writing before entering into a Tuition Arrangement, as clear communication usually avoids any disputes. If you have a dispute with a Student, please see the Disputes section.

i. An example cancellation policy that you may use is as follows: if a lesson is cancelled at least 12 hours before the scheduled start time, there will be no charge. If cancelled within 12 hours, 50% of the scheduled lesson time may be charged; if cancelled within 1 hour of the start time (or a student fails to show), 100% of the scheduled lesson time may be charged. If a student is late to a lesson, charge may be made from the scheduled start time.

o. Tutors using the Website are self-employed, and therefore you accept all responsibility for complying with any taxation, insurance and employment-related responsibilities arising in connection with any Tuition Arrangement made with a Student.ASTHANA IN HOUSE SHIKSHAKUL does not monitor or track this on your behalf.

p. Tutorly wishes to make it clear that they do not support Tutors offering pre-written essays or ghost-writing services to Students, where the end purpose is for the Student to submit work that is not their own (i.e. plagiarism). Tutors that use the Website to advertise these (or similar) services may have their account deactivated.

q. In your profile, you agree not to include any personal contact information, for example an email address, phone number or link to an external website or communication method. Any contact made to you by a potential Student must go through the Website’s built-in contact function; after this first contact, you are free to communicate with the Student as and how you wish. Infringement of the above may lead to deactivation of your account.

r. When creating your profile for the Website, you warrant the accuracy of the information posted and agree not to submit any false or misleading information. Multiple profiles or identities for a single person are not allowed. You agree not to promote a business, an organisation or other websites.

s. You acknowledge that your profile and some details entered by you on the Website, including your full name and photo, will be publicly visible and may appear in search engine results.

t. You are responsible for maintaining the security of your account and listed profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your listed profile.

u. Tutorly reserves the right to deactivate your account if your profile or behavior is deemed to be unsatisfactory or inappropriate.

6. Payment Facility.

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