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Terms and Use

Background

  • This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  • This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.betteryourgrades.com website.
  • The domain name www.betteryourgrades.com ("Website") is owned, registered and operated by M/S Online Ventures, ("Online Ventures"), a partnership firm registered under the Indian Partnership Act, 1932 having its registered office at #13, 1st Cross, Green Leaf Extension, 80 Feet Peripheral Road, Koramangala 4th Block, Bangalore-560 034, INDIA.
  • These terms of usage (“Terms of Use”) govern your use of the Website and Services (as defined below) provided through the Website. By using or visiting the Website you shall be deemed to have read, understood and accepted to be bound by these Terms of Use.
  • For the purpose of these Terms of Use, wherever the context so requires "You", “Your” or “User” shall mean any natural or legal person who uses the Website for availing the Services, which include the parent or adult who is paying for the service, as well as the student who is using the Service. The term “We”, “Us”, “Our” shall mean M/s Online Ventures.
  • We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.

Services

Description

Through our Website, we enable users to connect with tutors (“Tutors”) who provide live, one-to-one instruction, tutoring and learning services to students, and course materials covering the subjects of Mathematics, English and Science subjects, specifically Physics, Chemistry and Biology (“Services”).

Registration

  • To use the Services (including the Free Trial specified in Clause 2.3 below), you will need to register on the Website and be a registered user (“Registered User”), opt for a particular subscription plan from the various options made available to You by Online Ventures from time to time (“Subscription Plan”), pay the applicable fees, and obtain an account, and password. Please note that the subscription fees associated with each Subscription Plan are subject to change from time to time, with notice of any fee revision being intimated to You by Online Ventures. Please refer to the Privacy Policy for details on the kind of information that will be collected at the time of registration. Please note that parents/legal guardian of the student or any other person above the age of 18 Years will be required to register on behalf of the student who is availing of the tutoring services.
  • You are solely responsible for maintaining the confidentiality of your account, and password and for all activities and liabilities associated with or occurring under your account, and password.
  • In the event that you find that you are a victim of identity theft, and someone is using your name/personal details to make use of our Services, you should immediately notify us on care@betteryourgrades.com This email address is being protected from spambots. You need JavaScript enabled to view it. . We reserve the right to suspend any account at any time with or without notification to the subscriber in order to prevent any occurrence of what we believe to be a fraudulent activity.
  • You agree to (a) provide true, accurate, current and complete information about yourself as required, (b) maintain and promptly update information to keep it true, accurate, current and complete, (c) not use the Website to recruit, solicit, or contact in any form, Tutors or potential consumers for employment or contracting for a business not affiliated with us.
  • If you reside outside India, your registration indicates your explicit consent that the personal information you have provided at the time of registration may be transferred and stored in countries outside your home country. Your personal information shall only be used in accordance with our Privacy Policy.
  • You will be given a one hour free tutorial session upon registering with us. Only one free tutorial session is available to each student for each subject that is offered to him/her. You will not be allowed to take a free tutorial for each subject more than once.

Free Demo Tutorial Sessions and Referral Benefits

  • Online Ventures offers a free trial of the Tutorial Sessions offered through the Website, which comprises of 1 (one) free session per subject to each new Registered User (“Free Trial”). Accordingly, each Registered User will be entitled to receive 5 (five) free Tutorial Sessions i.e. 1 (one) free Tutorial Session for English, 1 (one) free Tutorial Session for Maths, 1 (one) free Tutorial Session for Physics, 1 (one) free Tutorial Session for Chemistry and 1 (one) free Tutorial Session for Biology.
  • You must have Internet access and must provide Online Ventures with such registration details as are required to be provided pursuant to Clause 2.2.1, so as to be able to activate a Free Trial. You are not eligible for a Free Trial Period if: (i) you have previously signed up for a Free Trial Period; (ii) you had a subscription to the Tutorial Sessions within the preceding 12 (twelve) months; or (iii) your Payment Method or e-mail address has previously been associated with a Free Trial or Subscription
  • Upon completion of the registration process, a representative of Online Ventures will contact You and schedule a free trial of the Tutorial Session(s) that you have opted for.
  • Upon completion of the Free Trial, You will not be entitled to access any other Tutorial Session(s) unless you have subscribed to any of the Subscription Plans that have been offered by Online Ventures. If you choose to not subscribe to the Tutorial Sessions, you can provide your feedback on the Free Trial via an e-mail to care@betteryourgrades.com This email address is being protected from spambots. You need JavaScript enabled to view it. . You may also choose to specify the reasons for your inability to subscribe to the Tutorial Sessions.

Referral Benefits

Online Ventures encourages You to refer the Tutorial Sessions offered by us to your friends. Inviting your friends to the Website is easy. Go to our new referral page and sign in, by entering the student ID that we have provided to You, (if You are already registered), or byentering your name and e-mail ID (if You have not registered), and the e-mail ID of your friend whom you wish to invite. Then, invite friends via email, Facebook and Twitter.

If your friend wishes to register for the Tutorial Sessions provided by us, he/she would be required to enter the Student ID that we have provided to You, (if You are already registered), or e-mail ID (if You have not registered)..

The following are the referral benefits offered by Online Ventures to You, upon a new User registering for our Tutorial Sessions:

  • If a new student signs up for the 5 (Five) Tutorial Sessions package, then You will be entitled to receive 1 (One) Tutorial Session free.
  • If a new student signs up for the 10 (Ten) Tutorial Sessions package, then You will be entitled to receive 2 (Two) Tutorial Sessions free.
  • If a new student signs up for the Unlimited Tutorial Sessions package, then You will be entitled to receive 4 (Four) Tutorial Sessions free.

Fair Usage Policy

  • Under an Unlimited Tutoring Subscription Plan, Online Ventures offers unlimited scheduled and instant sessions for a single student. Unlimited sessions are subject to a limit of 1 (one) hour per day, 5 (Five) hour(s) for a week and 20 (Twenty) hour(s) for a month.
  • Every student must have his or her own Unlimited Tutoring Subscription Plan and must not overbook Tutoring Sessions and not attend them.

Scheduling of Tutorial Sessions

The Tutorial Sessions, each of a duration of 50 (fifty) minutes (“Tutorial Sessions”) have to be scheduled in advance. Please do note that 10 (ten) minutes of time has been allocated between Tutorial Sessions for the Tutor and You to come online, get Your texts/reading materials ready, check Your internet connection, headphones etc for proper functioning etc. Please be aware that You are solely responsible for any delay or failure to attend a Tutorial Session for whatever reasons. In no circumstances will Online Ventures or the Tutor(s) be responsible for a delay on Your part to attend the Tutorial Session. If You are late for the Tutorial Session, please note that you will only be avail of such amount of time as is left in a Tutorial Session, and in no circumstances will the Tutorial Session extend beyond the originally scheduled time. We retain the right to change the scheduled sessions at any time by giving reasonable notice prior to the time of the scheduled Tutorial Session.

Hours of Tutorial Sessions

After registration in accordance with the procedure outlined in Clause 2.2 above, you will be eligible for such number of Tutoring Sessions in the subjects of Mathematics, English and Science as has been made available to you in the Subscription Plan that You have opted for. This is subject to availability of Tutors. We have the right to place temporary restrictions on usage during peak hours or with certain Tutors to ensure equitable availability of Sessions to all users.

Payment

  • You will be required to pay a subscription fee that is applicable to your Subscription Plan (“Subscription Fee”)].The Subscription Fee will be payable at the beginning of your subscription through any legally permissible payment mechanism, including but not limited to payment via credit card/debit card/electronic funds transfer, and your membership will be renewed for successive monthly/yearly subscriptions, on payment of the subscription fee.
  • Before the expiry of each subscription period, we will send you an e-mail, on your registered e-mail id provided by you at the time of registration, notifying you of such expiry and requesting you to renew your membership if you wish to continue to avail of our Services.
  • Once the subscription fee is paid, there will be no refund of the same. This no refund policy will apply even if the user has not made use of the number of sessions that he/she had signed up for at the time of payment of the subscription fee.
  • You agree and confirm that the credit/debit card/other payment details provided by you for availing the Services are true and accurate. You acknowledge that in the event the payment is declined, for any reason whatsoever, the Services to be provided to you will stand cancelled and you shall be notified of such cancellation.

Recording of Sessions

By using the Services as outlined in this Clause 2 of the Policy, you agree that we may record all or any part of any tutoring sessions solely for the purposes of verifying the quality of services that we are providing to you. We reserve the right to review the tutorial sessions as to ensure that such sessions are held in accordance with all provisions of applicable laws of India. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of the Tutoring Sessions and all comments that you may provide to us on or through the Website as regards the quality of Services or on any other issue arising from the use of our Services.

Modification of Services

We reserve the right to add to, change or remove features, pricing and other aspects of the Services provided under these Terms of Use. These Terms of Use shall continue to apply to such modified Services. We further reserve the right to, at any time, and from time to time, modify, discontinue, temporarily or permanently, the site or the Services provided, or any part thereof, with or without notice to you. It is hereby agreed by you that you shall not hold Online Ventures liable for any such modification, temporary suspension or discontinuation of the Website or the Services.

Intellectual Property rights

Copyright

  • All content included on the Website and delivered to subscribers as part of the Service, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, software, is the property of Online Ventures, and is protected by the applicable intellectual property laws. The compilation of all content on this Website is the exclusive property of Online Ventures, and shall not be reproduced or used without express written permission from Online Ventures. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate your membership hereunder if we, in our sole and absolute discretion, believe that you are in violation of this Clause.
  • The use of the Service is solely for your personal and non-commercial use. You may use the course material, and other content on the Website provided as a part of the Tutorial Sessions for non-commercial, personal or educational use only, subject to all applicable rules of privilege notified to You from time to time, and we grant you a limited, non-perpetual, revocable, non-transferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services for non-commercial personal or educational purposes while these Terms of Use are in full force and effect:
  • Provided that any permitted copies of course material and the tutoring sessions contain, in an unmodified form, the following:
    1. all language designations contained in the course materials originally provided to you by us indicating the confidential nature thereof; and
    2. all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties.
  • Provided further that you will not modify of any of the content except as approved by us in advance in writing. It is hereby agreed by you, that we or any third parties as applicable, hold all right, title and interest to all the aspects of the content provided through the Website and the Services, and except to the limited extent described in this Clause 3.1.2, you do not acquire any intellectual property rights in such content or license to such content by downloading or printing course material from the Website. The rights granted to you herein as mentioned, are revocable under these Terms of Use.

Trademarks

www.betteryourgrades.com is the domain name of Online Ventures. The Website, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Online Ventures. The trademarks, domain names and trade dress of Online Ventures shall not be used or reproduced without prior written approval from OnlineVentures, and may not be used in connection with any product or service that is not affiliated with Online Ventures, in any manner that is likely to (a) cause confusion among customers; or (b) dilute the rights of Online Ventures, or (c) to disparage or discredit Online Ventures.

Confidential Information

  • You agree to safeguard any Confidential Information as defined below, which you may have had access to during your use of our Services, and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without our prior written approval, directly or indirectly, use or disclose the Confidential Information to any person or business.
  • In the event of violation of the above Clause by you, we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages in connection with such prohibited use or disclosure.
  • For the purpose of these Terms of Use, “Confidential Information” means any information provided or made available to you in connection with use of the Website and/or Services, including but not limited to, designs, concepts, processes, materials, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, trade secrets and the technology underlying the Services.

Links

    • The Website or the Services may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Website. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
    • We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only as a convenience, and the inclusion of any suck link does not imply endorsement by the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
    • On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that We 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,5.3 advertising, products, services or other materials available on or through any Third Party Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

Fraud and Improper Conduct

        • You may only access the Website and use the Services 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 Services. You agree that you will not in any way:
          1. interfere with the ability of others to access or use the Services;
          2. disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users' ability to use the Website or the Services;
          3. claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship;
          4. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
          5. abuse the Tutors, subject him/her to any kind of sexual harassment, use obscenities in the classroom, make threats, solicit any personal information from any tutor or discuss matters other than those directly related to the academic subject for which you seek help.

You agree that you shall not use the website to host, display, upload, modify, publish, transmit, update or share any information that:

        • belongs to another person and to which the user does not have any right to;
        • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
        • harms minors in any way;
        • infringes any patent, trademark, copyright or other proprietary rights;
        • violates any law for the time being in force;
        • deceives or misleads the addressee about the origin of such messages;
        • communicates any information which is grossly offensive or menacing in nature;
        • impersonates another person;
        • contains software viruses or any other computer code, files or programs;(x) is designed to interrupt, destroy or limit the functionality of any computer resource; or
        • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation.

Child Protection

        • In the event the student or any other person on behalf of the student is of the opinion that the Tutor who is in charge of tutoring the student is abusing the student in any way including but not limited to emotional and sexual abuse, he/she may immediately report any such incident, supported by any evidence (if available) in writing to the Grievance Officer, who’s details are provided in Clause 13 below.
        • For the purpose of this Clause, “emotional abuse” refers to any behavior that causes severe and persistent adverse effects on the child's emotional development, including, but not limited to not giving the child opportunities to express his/her views, deliberately silencing him/her, having age or developmentally inappropriate expectations, constantly threatening or humiliating him/her, and giving degrading punishments.
        • For the purpose of this Clause, “sexual abuse” refers to behavior which involves forcing or enticing a child or young person to take part in sexual activities, including but not limited to making sexually inappropriate remarks about/to the child, encouraging him/her to behave in sexually inappropriate ways, or grooming a child in preparation for abuse.

Limitations and Disclaimer of Warranty

            • The Website, the Services and each portion thereof are provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable laws of India, we disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
            • We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Website, the Services, each portion thereof or any third party sites.
            • Under no circumstances, including, but not limited to, negligence, shall we or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Website, the Services or any portion thereof, even if we or our authorized representative has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold harmless Online Ventures, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party service providers or vendors (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, or any portion thereof, your connection to the Services, or your breach of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

Termination

            • We may terminate these Terms of Use by providing you with notice of such termination, which shall be effective immediately upon delivery of such notice to you. We may terminate these Terms of Use immediately without notice in the event of any breach by you of these Terms of Use or any of our applicable policies, as posted on the Website from time to time.
            • We may terminate these Terms of Use without notice to you by terminating your rights to use the Website or the Services for any reason or no reason. In the event of termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, Consequences of Improper Conduct, Fraud or Abuse, and the provisions of this section.
            • You agree that upon the termination of these Terms of Use, we may delete all information related to you on the Services and may bar your access to the Website and use of the Services.10.3 Upon the termination of these Terms of Use you will immediately destroy any downloaded or printed content from the Website.

Severability

If any part of the Terms of Use for Services are determined to be invalid or unenforceable pursuant to applicable laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.

General

Unless otherwise specified herein, this Terms of Use for Services constitutes the entire agreement between you and Online Ventures in respect of the Services and supersedes all previous written and oral agreements between you and Online Ventures, if any. Online Ventures’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Governing Law

This Terms of Use and the Privacy Policy shall be governed by and constructed in accordance with the applicable laws of India without reference to conflict of laws principles. Any disputes arising in relation to, or under, this Terms of Use and the Privacy Policy, shall be subject to the exclusive jurisdiction of the courts of Bangalore.

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Mayur Uppini
Partner
Online Ventures
E-mail: mayur@betteryourgrades.com This email address is being protected from spambots. You need JavaScript enabled to view it.