Terms and Conditions

EDUNEAR

Terms and Conditions

General

OWNERSHIP

EDUNEAR APP is owned and operated by EDUNEAR ASSOCIATES LLP, a company incorporated under the Companies Act, 2013 having a LLP Identification Number ACA-8061 and the registered office is situated at JYOTI NAGAR HASARI, JHANSI NANDAN PURA NAWABAD, JHANSI-284001, UTTAR PRADESH, INDIA

The Company is engaged in the business of providing platform for tutoring services but do not provide any tutoring service on their own and is the sole author and publisher of the EDUNEAR App

SERVICE

EDUNEAR APP is a platform that connects teachers and students for tutoring services when a student is in need of tutoring service and he/she is unable to find any teacher who can provide such service then by availing the services of EDUNEAR APP the student can easily get the tutor best suited for his needs.

The teacher will have to register himself/herself by providing his/her information including general, contact information, educational and professional information by filling the prescribed fields of the form provided in the teacher registration section of the APP.

The student or the parents of the student will also have to register himself/herself by providing information in regard of general contact information and educational qualification by filling the prescribed fields of the form provided in the student registration section of the APP.

The mediator EDUNEAR will provide the contact information of the tutors based on your choice.

EDUNEAR does not hold any responsibility towards any mishap that may happen from either party. EDUNEAR is just a connecting platform for both teachers and parents and anything not related to our services will not be entertained by the company or its associates.

• If any provision of the terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the terms will remain in full force and effect.

• EDUNEAR may place a file called "cookie" in the App files of your device. The cookie itself does not contain Personal Information although it will enable the EDUNEAR Service to relate your use of the EDUNEAR Service to information that you have specifically and knowingly provided to EDUNEAR. The cookies enable EDUNEAR to remember your choices and some data field contents which you would be required to fill-in.

• You may not make any content item originating from EDUNEAR available for public access by any means whatsoever without obtaining prior written permission from EDUNEAR. If found guilty, legal actions shall be taken.

• If you are a visitor on our website and if you update any personal contact information such as phone number or e-mail address, EDUNEAR reserves the right to contact you over phone calls, SMS or Email. If the intention was for tutoring/learning, or seeking information about our product & services, EDUNEAR team will guide you accordingly via phone call, SMS or email.

• No user shall be permitted to perform any of the following prohibited activities while availing our Services:

1. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortuous, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

2. Stalking, intimidating and/or harassing another and/or inciting another to commit violence;

3. Transmitting material that encourages anyone to commit a criminal offense, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice

4. Interfering with any other person’s use or enjoyment of the application

5. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity

6. Provide misinformation about yourself: you agree that all the information about you or provided by you are correct and updated and only you are responsible for the same and NOT EDUNEAR

• In the preparation of the Application/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application /Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the EDUNEAR service, such activity is solely between you and the applicable third party. EDUNEAR shall have no liability, obligation or responsibility for any such activity. You hereby release EDUNEAR from all claims arising from such activity.

• You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the EDUNEAR App or EDUNEAR services in whole or in part except as expressly provided in EDUNEAR’s policies and procedures. Except as expressly and unambiguously provided herein, EDUNEAR and its suppliers do not grant you any express or implied rights, and all rights in the EDUNEAR service not expressly granted by EDUNEAR to you are retained by EDUNEAR.

• Your registration as a member of EDUNEAR or the use of any of the features and services on EDUNEAR, either as a registered member or as a visitor constitutes automatic acceptance of these terms and conditions.

• EDUNEAR reserves the right to update the terms, conditions and notices of this agreement without notice to you. It is your responsibility to periodically review the most current version of this Agreement.

• User is advised, before using this App and availing services from the same, to carefully go through from these terms & conditions and privacy policies made available by EDUNEAR ASSOCIATES LLP. These Terms and conditions and the Privacy Policy together constitute a legal agreement between the user and EDUNEAR ASSOCIATES LLP in connection with the visit to the APP and use of the Services (as hereinafter mentioned).

• The user must be 18 years of age or older to register, use the services, visit or use the APP in any manner. By registering, visiting and using the website or accepting this agreement, the user represents and warrants to EDUNEAR ASSOCIATES LLP that he or she is 18 years of age or older, and that he or she has the right, authority and capacity to use the App and the services available through the App, and agree to abide by this agreement.

• The consideration under this service transaction will be in nature of the following:

1.    The Student shall not give any Tuition fee to EDUNEAR or to any of its associates. The tuition fee should be directly given to the respective tutor without any interference from EDUNEAR, such transactions are not the responsibility of EDUNEAR

2.    EDUNEAR or its associates do not ask for tuition fee from students in any manner. If a transaction is done by student on our name, we will not be responsible for any such transaction.

                    Users shall not engage in unfair discrimination based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, socio-economic status or any basis prescribed by law.

NOTICES

Any notice which may be given by the company under this Agreement shall be deemed to have been duly delivered if delivered by hand, first-class post or electronic mail/ app to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party and being acknowledged to have been informed. Subject to any applicable local law, provisions to the contrary, any such communication shall be deemed to have been made to the other Party.

SEXUAL HARASSMENT

Users shall not under any circumstances get themselves engaged in any acts of sexual harassment. Sexual harassment is a sexual solicitation, physical advances or verbal or nonverbal conduct that is sexual in nature that occurs in connection with the activities or roles as is offensive or creates a hostile workplace or educational environment.

TERMINATION

EDUNEAR ASSOCIATES LLP has the exclusive right to restrict any user to access the App and to provide services with or without notice and to exercise any remedy available under law, in case of:-

• Breach of any terms and conditions of the agreement;

• Reporting by the third party of any violation;

• Unable to verify the authenticity of the information provided;

• On sole discretion on the basis of suspicion of wrong information.

• Without any reason, only on the basis of suspicion.

DISPUTE RESOLUTION

If a dispute arises between the company and the users the parties hereby agree to resolve any claim or controversy arising henceforth by legal and equity means that arises out of the Terms of Use or the App in accordance with the Arbitration and Conciliation Act, 1996 or as otherwise agreed between the parties in writing. Before resorting to the filing of a formal lawsuit, the company strongly encourages the users to directly seek a resolution via email at contact@EDUNEAR.in the dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

CONFIDENTIALITY

You may obtain direct access via the App to certain confidential information of EDUNEAR and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with EDUNEAR and its affiliates.

The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from EDUNEAR, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to EDUNEAR adequate to afford EDUNEAR the opportunity to object to the disclosure.

If you do not agree with the Terms or the Privacy Policy, please do not use the Application or avail the Services. Any access to our Services/Application through registrations/subscription is non transferable and non refundable.

THE APP, CONTENT, AND SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL EDUNEAR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE OUR SERVICES.

EDUNEAR MAKES NO WARRANTY THAT THE APP, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

TUTOR

EDUNEAR is a platform that connects teachers and students for tutoring services. When a student is in need of tutoring services and he/she is unable to find any teacher who can provide such service then by availing the services of EDUNEAR the student can easily get the tutor based on their specific need.

The teacher will have to register himself/herself by providing his/her information including general, contact information, educational and professional information by filling the prescribed fields of the form provided in the teacher registration section of the App.

The mediator EDUNEAR ASSOCIATES LLP will provide the contact information of tutors based on your choice.

• EDUNEAR does not hold any responsibility towards any mishap that may happen from either party. EDUNEAR is just a connecting platform for both teachers and parents and anything not related to our services will not be entertained by the company or its associates.

• To check the authenticity of the information provided by the teacher, EDUNEAR ASSOCIATES LLP has a right to use the prescribed and legal means including a physical check of documentation of education of the teacher.

• If a teacher provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or EDUNEAR ASSOCIATES LLP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EDUNEAR ASSOCIATES LLP has the right to discontinue the Services to the teacher at its sole discretion.

• A Tutor agrees and understands that he/she is not an employee of EDUNEAR and accepts full responsibility for all Income Tax and other amounts payable in relation to any fees generated from a tuition contract with Student or Parent through the App. We do not issue any working experience certificate to our registered members.

• A Tutor will not include personal email, contact numbers etc. in the form fields like Tutoring Experience, Tutoring approach, other topics. Adding contact details except in specific fields is not acceptable under any condition. If Tutor violates this condition, EDUNEAR may in its discretion suspend or terminate account of such Tutor.

• A Tutor understands and accepts that details entered by them on the app will be publicly visible and may appear in search engines (Google, Yahoo, Bing etc.) results.

• A Tutor will accept full responsibility for the fees quoted by them for their services and presented in the exact detail on the app.

• A Tutor warrants that he/she is, at least, eighteen years of age, and has the necessary educational qualifications and/or experience to provide tuition in the subject/s specified by the Tutor on the App.

• EDUNEAR ASSOCIATES LLP does not guarantee to secure a minimum number of Students for a Tutor. We do not provide any guarantee of the number of total enquiries/business which a Tutor will receive during their subscription/membership period.

• Tutor is expected to conduct himself/herself in a teacher/coach like manner which is generally prevalent and acceptable in a teacher and student like relationship.

• Without prejudice to the generality of the above, EDUNEAR ASSOCIATES LLP will not be liable for:

1. No payment of fees by the student or his/her parents.

2. Any type of inconvenience suffered by the teacher due to a failure on the part of the student, no show by the student, inappropriate treatment, or similar difficulties;

3. Any misconduct or inappropriate behavior by the student or his/her parents;

4. Any eventualities that might occur subsequently to provide the services of a teacher.

5. The fees of tutor from the student, EDUNEAR is not responsible for any such transaction, it is the tutor’s responsibility to collect the fees from students.

• The interaction between both the parties is totally their responsibility EDUNEAR only provide the information about tutor

• Students or their parents have the whole and sole right to check the background of the teacher. They also have the right to demand the ID, Address proofs of the teacher. If the student demands so, then the teacher has the liability to show all the documents to them. EDUNEAR do not promise that the information provided by tutor is correct.

• If in case, after consent of both the parties, the teacher misbehaves or absents himself/herself from the tuition without any valid reason or has done something wrong with the student, which cannot be tolerated, the student has the right to cease tuition under the teacher EDUNEAR cannot be held responsible for the same.

• In response to the feedback of Students posted on the app, a Tutor shall not, in any way, show disrespect towards a Student or his/her family.

• A tutor and a tutorial center hereby acknowledge that EDUNEAR is not liable to the Tutor for reimbursement of any fees decided upon as a result of these Terms in the event of any cancellation of any Contract or Tuition for any reason.

• EDUNEAR ASSOCIATES LLP is not involved in any kind of interactions or transactions that takes place between the tutors and students, and hence, is not liable for any dispute or disagreement or misinterpretations or arguments arising between the parents/students and the tutors.

EDUNEAR ASSOCIATES LLP assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect teacher’s equipment on an account of teacher’s access to, use of, or browsing the App. If a teacher is dissatisfied with the App, the teacher’s sole remedy is to discontinue using the EDUNEAR app.

STUDENTS/PARENTS

• EDUNEAR ASSOCIATES LLP may by its Services, collect information relating to the devices through the student’s access to the App, and anonymous data usage. The collected information will be used only for improving the quality of EDUNEAR tuition services and to build new services.

• To check the authenticity of the information provided by the student, EDUNEAR ASSOCIATES LLP has the right to use the prescribed and legal means including One Time Password verification at the time of registration on the app.

• A student or parent undertakes to register for the EDUNEAR service, always using accurate and current information about himself/herself - including name, email ID, mobile number etc.

• During searching for tuitions students should enter as much details as possible for better responses from tutors and institutes.

• Students must pay all tuition fees to the tutor directly. EDUNEAR does not facilitate any system of payment for students or tutors.

• Students or parents should understand that tutors are not our employees and we cannot take responsibility for verifying their backgrounds and behaviors. EDUNEAR is just an online platform where tutors can advertise their services.

• Student is expected to conduct himself in a student like manner which is generally expected and regarded as ideal student behavior prevalent everywhere.

• EDUNEAR would not be liable to offer any compensation or damages of any nature to students if EDUNEAR deactivates a tutor account or if a tutor discontinues /chooses to not extend tutor sessions.

• Students should take enough care and make an intuitive decision before taking up an assignment to avoid any kind of repercussions. EDUNEAR would not be responsible and liable for any such unforeseen and unfortunate event including but not limited to bodily injury, sexual or mental harassment of any nature, if any.

• Without prejudice to the generality of the above, EDUNEAR ASSOCIATES LLP will not be liable for:

1. Any wrong teaching quality being taught by the teacher, or any negligence on the part of the teacher(s);

2. Any type of inconvenience suffered by the student due to a failure on the part of the teacher to provide agreed services or to make himself/herself available at the appointed time, no show by the teacher, inappropriate treatment, or similar difficulties;

3. Any misconduct or inappropriate behavior by the teacher or the teacher’s staff;

4. Any eventualities that might occur subsequently to use the services of a teacher, whom the student has selected on the basis of the information available on the App or with whom the user has agreed on tuition through the App.

5. Any transactions and refunds between students and tutors

EDUNEAR ASSOCIATES LLP holds no responsibility, and shall not be liable for, any damages to, or viruses that may infect student’s equipment on account of student’s access to, use of, or browsing the App. If a student is dissatisfied with the App, the student’s sole remedy is to discontinue using the App.