This agreement binds you or the company you represent ("you," or "your") to the terms and conditions set forth herein in connection with your use of (MTutor) platform including mobile app, web applications, services or other offerings on our site M-Tutor.com
By using any of the company products, or clicking on the "signup" button, 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, click on the "cancel" button and do not use the company products. Company's acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement.
2. ADDITIONAL TERMS
The products enable students to access the respective video repository which comprises of digital tutorials for learning and teaching purposes, tutoring, and learning services in our proprietary online platform. The products include, without limitation, facilitating and hosting courses and supporting materials, and taking feedback from users.
Company reserves the right to revise these terms in its sole discretion at any time by posting the changes on the site. Changes become effective thirty (30) days after posting. Your continued use of products after change become effective shall mean that you accept those changes. You should visit the site regularly to ensure you are aware of the latest version of the terms. Notwithstanding the preceding sentences of this section, no revisions to these terms will apply to any dispute between you and the company that arose prior to the date of such revision.
The company may modify the products or discontinue their availability at any time.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the products, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If you elect to access or use products that involve payment of a fee, then you agree to pay and will be responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorised to supply such information and hereby authorise the company to charge your credit card/debit card or other payment mode based on the product you choose to purchase.
All of your use, access and other activities relating to the site and the products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and privacy and personal identity. In connection with your use of the products and site, you must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the products or operation of the site; frame or embed the site or products; impersonate another person or gain unauthorised access to another person's account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the products or operation of the site; scrape, spider, use a robot or other automated means of any kind to access the products.
You may only access the products 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 products.
5. SPECIFIC OBLIGATIONS OF STUDENTS USING THE SITE
You have read, understood, and agree to be bound by the pricing information (see the pricing section below) before using the site or registering for a course.
You will not upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the site or the products.
You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content.
You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any company content, the products or courses or submitted content except as permitted by these terms as applicable.
To use certain products, you will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content and support. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, your "account") and for all activities associated with or occurring under your account. You represent and warrant that your account information will be accurate at all times. You must notify us (a) immediately of any unauthorised use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each use of the products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of the use of your account, either with or without your knowledge, prior to your notifying us of unauthorised access to your account.
You may not transfer your account to any other person, and you may not use anyone else's account at any time without the permission of the account holder. In cases where you have authorised or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the products; and (iii) the consequences of any misuse.
7. CONTENT, LICENSES & PERMISSIONS
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "content." where the company provides content to you in connection with the products, including, without limitation, the software and the products and the site, it is "company content." content uploaded, transmitted or posted to the site or through the products by a user is "submitted content." Content remains the proprietary property of the person or entity supplying it and is protected, without limitation, pursuant to Indian copyright and other intellectual property laws.
The company hereby grants you (as a user) a limited, non-exclusive, non-transferable license to access and use submitted content and company content, for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the site and the products, in accordance with these terms and any conditions or restrictions associated with particular courses or products. All other uses are expressly prohibited absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any content.
You agree that we may record all or any part of any courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the site and the products. You hereby grant the company permission to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the site, products, courses, company content and submitted content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
8. PRICING FOR PAID COURSES
Except when a course is made available through MTutor web application and mobile application price tags on each course are based on the no of videos, complexity, learning hours and other terms.
In the event that the sale or delivery of a course or any submitted content to any student in the Indian Territory is subject to GST under applicable law, the Company will collect and remit the taxes to the competent tax authorities for sales of such courses. The company may at its own discretion increase the sale price where it is of the view that service tax may be due and it will have a liability to account for such. You will indemnify and hold the company harmless against any and all claims by any tax authority for any underpayment of service tax, and any penalties and/or interest thereon.
All other countries
For sales of any of courses or submitted content in countries other than the Indian Territory, you are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location). The company is unable to provide you with tax advice, and you should consult your own tax advisor.
In some cases, MTutor offers students a thirty (7)-day, no-questions-asked money-back guarantee on courses that are not purchased through MTutor website or Android applications. If you, as a student, are unhappy with such a course and request a refund within thirty (30) days of the date that you paid for access to that course, we will provide you with a full refund of the amount you paid. To request a refund, please contact us via support@MTutor.com. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the company products, without any liability to you. In addition, please note that notwithstanding anything to the contrary in these terms, MTutor does not provide refunds for courses purchased through our website/ android applications. All sales of courses through MTutor website or Android applications are final.
The trademarks, service marks, and logos (the "trademarks") used and displayed on the site, in the products or in any company content are our registered or unregistered trademarks and are protected pursuant to Indian and foreign trademark laws. All rights are reserved, and you may not alter or obscure the trademarks, or link to them without our prior approval.
10. WARRANTY DISCLAIMER
The products, site, company content, submitted content, courses, and any other materials made available on or through the site or the products are provided "as is," without any warranties of any kind and, to the fullest extent permissible under applicable law, the company hereby disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
You hereby indemnify, defend and hold harmless the company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of your breach of any representation or warranty hereunder. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you under this section 13, and in such case, you agree to fully cooperate as reasonably required with such defence and in asserting any available defences.
We may terminate your use of the products or site immediately without notice for any breach by you of these terms or any of our applicable policies, as posted on the site from time to time. We may discontinue offering any product, course, or content at any time. You may terminate your use of the site or the products at any time, either by ceasing to access them or by contacting us at firstname.lastname@example.org
13. ELECTRONIC NOTICES
By using the products or communicating with company, you agree that company may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the products or these terms. If company learns of a security system's breach, company may attempt to notify you electronically by posting a notice on the products or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to company at email@example.com
Entire agreement. 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.
Severability. If any provision of these terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of these terms.
Waiver. A provision of these terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of company to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.
Notice. 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.
No agency. 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 the company nor any other party to this agreement 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.
These terms and your use of the site and the products shall be governed by the substantive laws of India, without reference to its choice or conflicts of law principles.