You are required to agree to the Terms of Use, prior to use of the TutStu website. We may modify Terms of Use at any time, by posting the revised terms in this section. All changes are effective immediately, when we post them. We will notify you through the TutStu message system and/or via email, of any material changes to the Terms of Use. You are required to agree to the changes to the Terms of Use, prior to further use of the TutStu website. Using our website/services after any change/modification/upgradation of Terms of Use, will be comprehended as your agreement/abidance to the changes.

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY TUTSTU. ("TUTSTU"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AND ALL SERVICES PROVIDED BY TUTSTU ON THE SITE.

By clicking to accept or agree to the Terms of Use, when this option is made available to you, or by using the Site in any manner, including but not limited to, visiting or browsing the Site, you ("member, user, student, tutor, buyer, or seller”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all members of the Site, including without limitation members who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1. TutStu is a Marketplace

TutStu acts as a marketplace, to allow members who comply with TutStu's policies to offer, sell or buy tutoring services at rates set by the tutor. TutStu is not directly involved in the transaction between students and tutors. As a result, TutStu has no control over the truth and accuracy, quality, safety, morality or legality of any aspect of the services offered by members and member generated content. TutStu does not pre-screen members or the content or information provided by members.

TutStu cannot guarantee the true identity, age, capabilities, and nationality of a member. TutStu encourages members to review a tutor’s profile, recommendations, and ratings through the tools available on the Site.

You agree that TutStu is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, member names, graphics, images, photographs, profiles, audio, video, items, and links posted by members, other members, or outside parties on TutStu. You use the TutStu service at your own risk.

2. Membership Eligibility

Age: TutStu's services are available only to, and may only be used by individuals, who are 18 years and older, who can form legally binding contracts under applicable law. You represent and warrant that, you are at least 18 years old and that all registration information you submit are accurate and truthful. TutStu may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use TutStu's services, only in conjunction with and under the supervision of a parent or legal guardian, who is at least 18 years of age. In this all cases, members must be at least 18 years, the adult is the member, and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. The Member is responsible for all applicable taxes. In addition, you must abide by TutStu's policies as stated in the Agreement and the TutStu policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time, on the site, by TutStu, each of which is incorporated herein by reference and each of which may be updated by TutStu from time to time:

In addition, some services offered through the Site, may be subject to additional terms and conditions, promulgated by TutStu from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep the password you select, secure. You are fully responsible for all activity, liability and damage, resulting from your failure to maintain password confidentiality. You agree to immediately notify TutStu of any unauthorized use of the password or any breach of security. You also agree that TutStu cannot and will not be liable for any loss or damage arising from your failure to keep the password secure. You agree not to provide the member name and password information, in combination, to any other party, other than TutStu without TutStu's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on TutStu, you must provide and maintain valid payment information, such as valid credit card information or a valid PayPal/PayUMoney account.

Account Transfer: TutStu accounts and Member IDs are not transferable by sale, gift, or otherwise to another party. If your account is registered to a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: TutStu's services may not available to temporarily or indefinitely suspended TutStu accounts. TutStu reserves the right, in TutStu's sole discretion, to cancel unconfirmed or inactive accounts. TutStu reserves the right to refuse service to anyone, for any reason, at any time.

3. TutStu Fees

TutStu charges a monthly or yearly fee from the tutors, for using our services. The fee is calculated on the basis of number of students a tutor handles on our website, tutor’s bandwidth data consumption and tutor’s listing type on search results page. Tutors may be eligible for discounts and reduced fees, based on the amount of services they provide. TutStu may, at TutStu's sole discretion, change some or all of TutStu's services, at any time. In the event TutStu introduces a new service, the fees for that service will be clearly posted and are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

4. Payment for Tutors

Teachers registered on the website, can conduct two types of sessions online viz One-on-One sessions and Group Sessions. Teachers are free to decide their own hourly rates for each type of sessions. The Teachers and Students can mutually decide on the mode of payment pre-paid or post-paid or bulk prepaid or bulk post-paid purchases. Teachers should ensure that they provide their correct Account ID on our website, to get the money from the students directly transferred. TutStu doesn’t withheld any part of teacher’s payment and payments are transferred immediately to teacher’s designated account. TutStu doesn’t take any part in the mutual agreement between Teacher-Student. TutStu is not liable for any loss arising due to misconduct of either the teachers or students. However, TutStu urges all parties to be honest and fair. TutStu implements Reliability Rating system for students to check the teacher’s integrity. TutStu also advices both Teachers & Students to report their losses/issues by writing to us and disciplinary actions might be taken against repeated offenders. Any and all charges like Transaction Charges, Currency Conversion charges etc will be borne by the teachers. Tutors and students are solely responsible for paying all fees and taxes, as applicable.

5. Reporting obligations

Teachers using our website, are liable to report their income with their respective taxing authority within their country. Teachers are liable to pay any/all taxes arising due to their income through TutStu. TutStu doesn’t deduct or liable to deduct any income tax from the teachers. TutStu is also not liable to pay any penalties arising due to teacher’s non-compliance with the taxing authority of respective country.

6. Fees and Termination

If you close your account, have your privileges suspended and/or your account is terminated, you remain obligated to pay TutStu for all unpaid fees plus any penalties, as applicable. TutStu retains its rights to use all means necessary to collect fees due, including retaining collection agencies and legal counsel. If you have a question or wish to dispute a charge, contact TutStu. Upon closure of a member account or termination of a member account, once all fees are paid, if due, TutStu will pay out any remaining account balance to the member. All your priviledges, articles, materials etc within the purview of TutStu, will automatically get transferred to TutStu.

7. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct, activities and any and all data, text, information, member names, graphics, images, photographs, profiles, audio, video, items, and links (together, "content") that you share, submit, post and display on TutStu.

Restricted Activities: You agree that your content and your use of TutStu shall not:

  1. Be false, inaccurate or misleading;
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  4. Violate this Agreement, the DOs & DON'Ts of TutStu, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  5. Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including TutStu staff or other members), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
  6. Be obscene or contain child pornography;
  7. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  8. Modify, adapt or hack TutStu or modify another website so as to falsely imply that it is associated with TutStu; and
  9. Appear to create liability for TutStu or cause TutStu to lose (in whole or in part) the services of TutStu's ISPs or other suppliers.

Furthermore, you may not consummate any transaction that was initiated using TutStu's service that, by paying to TutStu the service fee, could cause TutStu to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

8. Content

License: TutStu does not claim ownership rights in the content created, submitted or posted by you (hereinafter “Your Content”). You grant TutStu the right to use your Content, a license to enable TutStu to use any information or content you supply TutStu, so that TutStu is not violating any rights you might have in that content. You agree to allow TutStu to store or re-format your content on TutStu and display your content on TutStu in any way as TutStu chooses. TutStu will use personal information in accordance with TutStu's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and other information, from another TutStu member. Without obtaining prior permission from the other member, this personal information shall only be used for that transaction or for TutStu-related communications. Neither TutStu nor the owner of the information has granted you a license to use the information for unsolicited commercial messages. Further, without express consent from the member, you are not licensed to add any TutStu member to your email or physical mail list. For more information, see TutStu's Privacy Policy.

But for information that personally identifies the member, TutStu considers any unsolicited suggestions, ideas, proposals or other material submitted to it by members via the Site or otherwise (collectively, the "Material") to be non-confidential and non-proprietary, and TutStu shall not be liable for the disclosure or use of such Material. If, at TutStu's request, any member sends Material to improve the site (for example through the Forums or to customer support), TutStu will also consider that Material to be non-confidential and non-proprietary and TutStu will not be liable for use or disclosure of the Material. Any communication by you to TutStu is subject to this Agreement. You hereby grant and agree to grant TutStu, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you, provided the material does not include any personally identifying information of the member.

Re-Posting Content: By posting content on TutStu, it is possible for an outside website or a third party to re-post that content. You agree to hold TutStu harmless for any dispute concerning this use. If you choose to display your own TutStu-hosted image on another website, the image must provide a link back to its listing page on TutStu.

9. Information Control

TutStu does not control the content provided by members that is made available on TutStu. You may find some content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with people acting under false pretence.

By using TutStu, you agree to accept such risks and that TutStu (and TutStu's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of members on TutStu. Please use caution, common sense, and practice safe buying and selling when using TutStu.

Other Resources: TutStu is not responsible for the availability of outside websites or resources linked to or referenced on the Site. TutStu does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that TutStu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

10. Meetings

Members are solely responsible for interactions with others. TutStu is not involved with user generated groups, the groups' requirements, or the Meetings.

TutStu does not supervise or control any member Meetings, member-initiated online or offline gatherings, or interactions among and between members and other persons or companies. Members are solely responsible for interactions with others. Members understand that TutStu does not in any way screen its members. All members are strongly urged to exercise caution and use good judgment in all interactions with others, particularly if meeting offline or in person.

11. Authorization to Contact You; Recording Calls

You authorize TutStu, its affiliates, agents, and independent contractors to contact you at any telephone number (including telephone numbers associated with mobile, cellular, wireless, or similar devices) you provide to us or from which you place a call to us, or any telephone number at which we reasonably believe we may reach you, using any means of communication, including, but not limited to, calls or text messages using an automatic telephone dialling system and/or pre-recorded messages, even if you incur charges for receiving such communications.

You understand and agree that TutStu may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with TutStu or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that all telephone lines or calls may not be recorded by TutStu, and TutStu does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

12. Resolution of Disputes and Release

In the event a dispute arises between you and TutStu or any two users of TutStu, please email us.

Judgment upon any award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and TutStu agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one 6 months after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more members, or an outside party, you release TutStu (and TutStu's officers, directors, agents, subsidiaries, joint ventures, partners, affiliates, subcontractors and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. TutStu encourages members to report member-to-member disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.

TutStu, for the benefit of members, may try to help members resolve disputes. TutStu does so in TutStu's sole discretion, and TutStu has no obligation to resolve disputes between members or between members and outside parties. To the extent that TutStu attempts to resolve a dispute, TutStu will do so in good faith based solely on TutStu's policies. TutStu will not make judgments regarding legal issues or claims.

13. TutStu's Intellectual Property

TutStu, and other TutStu graphics, logos, designs, favicons, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of TutStu Education India. TutStu's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause consumer confusion. Any effort to decompile, disassemble or reverse engineer all or any part of TutStu, its websites or applications in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

14. Access and Interference

TutStu may contain robot exclusion headers which contain internal rules for software usage. Much of the information on TutStu is updated on a real-time basis and is proprietary or is licensed to TutStu by TutStu's members or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access TutStu for any purpose whatsoever. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in TutStu's sole discretion, an unreasonable or disproportionately large load on TutStu's infrastructure;
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any member content (except for your content) or other allowed uses as set out in the DOs & DON'Ts of TutStu from the Site or otherwise without the prior express written permission of TutStu and the appropriate third party, as applicable;
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; and
  4. Bypass TutStu's robot exclusion headers or other measures TutStu may use to prevent or restrict access to TutStu.

15. Breach

Without limiting any other remedies, TutStu may, without notice, and without refunding any fees, delay or immediately remove content, warn TutStu's community of a member's actions, issue a warning to a member, temporarily suspend a member, temporarily or indefinitely suspend a member's account privileges, terminate a member's account, prohibit access to the Site, and take technical and legal steps to keep a member off the Site and refuse to provide services to a member if any of the following apply:

TutStu suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a member has breached this Agreement, the Privacy Policy, The DOs & DON'Ts Policy, or other policy documents and community guidelines incorporated herein; TutStu is unable to verify or authenticate any of your personal information or content; or TutStu believes that a member is acting inconsistently with the letter or spirit of TutStu's policies, has engaged in improper or fraudulent activity in connection with TutStu or their actions may cause legal liability or financial loss to TutStu's members or to TutStu.

16. Privacy

Except as provided in TutStu's Privacy Policy TutStu will not sell or disclose your personal information, (as defined in the Privacy Policy) to third parties without your explicit consent.

17. No Warranty

TUTSTU, TUTSTU'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND TUTSTU'S SUPPLIERS PROVIDE TUTSTU'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TUTSTU, TUTSTU'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND TUTSTU'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TUTSTU SHALL CREATE ANY WARRANTY.

18. Liability Limit

IN NO EVENT SHALL TUTSTU, AND (AS APPLICABLE) TUTSTU'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR TUTSTU'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, TUTSTU'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

TUTSTU'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF TUTSTU'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO TUTSTU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

19. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD TUTSTU AND (AS APPLICABLE) TUTSTU'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

20. No Guarantee

TutStu does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside TutStu's control.

21. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any TutStu service and, if applicable, the purchase of tutoring services and sale and the delivery of tutoring services. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of tutoring services you make on the Site (excluding any taxes on TutStu's net income).

22. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

23. No Agency

You and TutStu are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

24. TutStu Service

TutStu reserves the right to modify or terminate the TutStu service for any reason, without notice, at any time. TutStu reserves the right to alter these Terms of Use or other Site policies at any time. If TutStu makes a material change TutStu will notify you, by a system message, by email, by means of a notice on our website, or other places TutStu deems appropriate. What constitutes a "material change" will be determined at TutStu's sole discretion, in good faith, and using common sense and reasonable judgment.

25. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the India. Venue of any action brought to enforce or relating to this Agreement shall be brought exclusively in state of West Bengal, India.

26. Notices

Except as explicitly stated otherwise, any notices shall be given by email to TutStu or, in your case, to the email address you provide to TutStu (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, TutStu may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TutStu. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in TutStu's Copyright and Intellectual Property Policy.

27. Entire Agreement

The Terms of Use, Policy Documents and any link pages constitute the sole and entire agreement between you and TutStu with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Copyright 2017 © TutStu Education India | All Rights Reserved

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